The delivery of procedural documents may take place on the order of the parties to the proceedings themselves. The following list must be observed when this manner of delivery is chosen:
the participant in the proceedings requests delivery of procedural documents on their own order from a court;
the court determines the date of delivery and issues the documents in a closed sealed envelope with the certificate of delivery;
the participant in proceedings sends the documents to the selected bailiff;
delivery is one of the professional acts of the bailiff the performance of which is compulsory and cannot be refused. Basis: § 7 of the Code of Enforcement Procedure.
The territorial jurisdiction provisions set out by law are not applied to delivery.
A bailiff delivers the documents within the determined deadline and sends them to the participants in proceedings. A participant in the proceedings sends the delivery certificate to the court.
The court will not review an action or petition for expedited procedure if the plaintiff or the petitioner fail to inform the court about the results of the delivery within the determined deadline.
Bailiff’s fee for delivery of procedural documents. Basis: § 48 of the Bailiffs Act.
A bailiff has the right to demand the advance payment of bailiff’s fee in the amount of 40 euros. The advance payment cannot be demanded from judicial or other public law institutions.
The fee payable to a bailiff for delivery of procedural documents is 40 euros if the documents could be delivered via the address or telecommunications data entered in the population register or via e-mail address: personal ID code@eesti.ee.
The fee payable to a bailiff is 40 euros if the documents could not be delivered although the bailiff did everything necessary and reasonably possible for delivery of the document.
A bailiff does not have the right to demand a fee if they have not done everything necessary and reasonably possible for delivery of documents within the term determined by court, or in case of absence thereof within two months.
The bailiff’s fee in other cases is 70 euros. 35 euros of the bailiff’s fee of 70 euros must be paid by the person to whom the documents had to be delivered if the data of the person in the population register or commercial register are incorrect.
