CODE OF CIVIL PROCEDURE IN LATVIA

This article will provide guidance on the Code of Civil Procedure in Latvia. A disagreement in Latvia may be taken to a court of law or, provided the parties have agreed upon and signed an arbitration agreement, to a special court for that purpose (except for certain disputes not open to arbitration). The appropriate first-instance court must be petitioned. The applicant or authorized representative must apply using the court’s register (kanceleja). You may also submit your application by mail; just be sure you send it to the correct court. Click here for How the Hague Convention Simplifies International Process Service.

Undisputed Legal follows international process service legislation, and we have extensive experience serving legal papers overseas. We have a vast global network thanks to the many offices we have around the globe. We span the many regions of Latvia, ensuring that our private process servers can serve papers per domestic laws. Our process-serving agency is well regarded for its thoroughness and commitment to using the latest, most efficient practices. Click here for information on How The Central Authority Works in Latvia.

NATURE OF DOCUMENTS FOR A CLAIM IN LATVIA

A certified translation must accompany any papers written in a language other than Latvian into Latvian (the official language) in compliance with the requirements of the Law on Civil Procedure (Civilprocesa likums). Anyone exempt from paying court fees need not provide a translation with their paperwork. Click Here for Frequently Asked Questions About Process Servers!

If one party asks it and others agree, the court will accept some procedural actions in a language other than English. The court’s rulings and proceedings are recorded in the Latvian language. The application may be hand-delivered, delivered by an authorized representative of the plaintiff, or transmitted by regular mail (but not fax or email). Click here for information on How To Identify A Good Process Service Agency.

In addition, unless the law specifies a different method for commencing proceedings, any application may be brought using papers verified with a secure electronic signature. In the areas of real estate, family, succession, and some kinds of guarantee contracts, electronic papers are not recognized. Click here for information on How Rush Process Service Can Expedite Your Case.

Undisputed Legal’s Latvia process servers keep their customers updated so anybody can easily ask for a status report on a current assignment. International service is often more variable than domestic service since it requires the acceptance of both the originating and requesting courts. We follow international and domestic requirements and ensure that your papers reach the central service authority. Click here for information on How Service of Process Ensures A Solid Foundation.

FILING A CLAIM IN LATVIA

A request must be submitted in writing. In most cases, there is no standard format for making a claim. However, there are specialized applications for temporary protection against violence (pagaidu aizsardzba pret vardarbbu), enforcement of obligations on court notice (saistbu piespiedu izpildana brdinjuma krtba), and small claims (maza apmra prasbas,).

Without a prescribed form, the application must include the information required under the Law on Civil Procedure. The application must consist of information from the Law of Civil Procedure.

Applications of certain sorts (such as for divorce) and specific categories of procedure are subject to additional information requirements under the Law on Civil Procedure (e.g. confirmation or annulment of adoption, protection of inheritance, and guardianship). The plaintiff or their agent must sign the application, or both the plaintiff and representation if the court so demands. All applications in which a representative is to act on behalf of a plaintiff must be accompanied by a power of attorney (pilnvara) or other instrument attesting to the representative’s authority to pursue the case.

The application must be filed with the court in as many copies as there are parties to the action (including the defendants). It is necessary to substantiate the claim by providing evidence that all the required State fees (valsts nodevas) and other court costs have been paid by the procedures set forth by law and in the correct amounts. Further, any claim should verify that any preliminary extrajudicial examination of the matter has been conducted by the law where such examination is required and attest to the facts upon which the claim is based.

State fee (valsts nodeva), registration fee (kancelejas nodeva), and expenditures required for the consideration of the case (ar lietas izskatanu saisttie izdevumi) must be paid at a bank before the application can be presented to the court.

PRE-ACTION PROCEDURE IN LATVIA

The court records the date it receives documents in a register of incoming letters, whether received by mail or in person during business hours. The day an application is accepted is the day it is ‘brought.’ Every judicial proceeding has a time restriction, and that time limit ends when the court is adjourned. It is regarded to have been filed on time if an application, appeal, or other postal consignment is delivered to a communications operator at midnight on the last day of the period allotted.

A court will make a well-reasoned ruling that no action should be taken on an application if it is not drafted correctly or if required papers are lacking. When a decision is made, the plaintiff receives a copy and is given a certain amount of time to fix the problems identified in the judgment. This deadline may not be less than twenty days from the judgment’s release date. If the plaintiff cures the defects within the allotted period, the application will be deemed to have been filed on the day the court initially received it. If the plaintiff doesn’t fix the problems within the deadline, the application will never be deemed filed and sent back to the plaintiff. Even though the court has already received and rejected the plaintiff’s first application, the plaintiff can resubmit it.

To be clear, if an application is drafted correctly and all required papers are attached, a judge will make a judgment within seven days after receiving the application at the court approving the case and commencing the proceedings. Once proceedings are initiated, the defendant is served with the application and any supporting papers, along with a deadline by which they must provide written remarks. After reviewing the observations, the judge will give a copy to the plaintiff and any other parties interested in the case. Depending on the judge’s discretion, the plaintiff may be asked to weigh in on the findings. The judge schedules a court hearing date after the judge receives the observations or the deadline for receiving the observations has passed, whichever comes first. A court summons is an official notice that the parties have been ordered to appear. No date is established for a hearing, and no court summons is delivered to the parties if the matter is to be handled via a written process.

Our Latvia process servers stay up-to-date on the latest developments in the law and in the news to learn how to effectively speed up the serving of legal documents and meet strict deadlines. We also provide an informal service of process, which may save you months of waiting time compared to Hague Convention-compliant formal service.

Remember that delays in Latvia’s official and informal process service are common due to the country’s longstanding traditions—undisputed legal attempts to provide service according to Latvia process service rules. We direct your documents to the government authorities to reduce delays as much as possible.

REQUIREMENTS OF A COURT SUMMONS IN LATVIA

A court summons notifies the parties to a case of the upcoming hearing or other procedural action. A summons from the court is sent to the person’s address of record, but the defendant can provide the court with an alternative address.

The court may use the procedures for tracing the defendant’s address provided for in international agreements binding on Latvia or in European Union legislation if the defendant does not have a registered place of residence in Latvia and the plaintiff has not been able to establish the defendant’s place of residence outside of Latvia for objective reasons.

If the defendant cannot be located using the methods specified in the international agreements binding on Latvia or the EU legislation, if the plaintiff is unable to deliver the documents to the defendant at the address provided by the defendant, or if the plaintiff is unable to deliver the documents to the defendant using the methods specified in the EU legislation or the international agreements binding on Latvia, then the plaintiff shall be deemed to have failed to comply with the requirements of this Article.

Case reviews in civil court are open to the public with few exceptions, including privacy considerations for the parties involved. The courts of the first and second instances conduct independent evaluations of all evidence. Written evidence or other documents are read aloud unless the parties agree to leave them unread; explanations and testimony are given orally.

PHASES OF A TRIAL IN LATVIA

There are four phases to a court case in Latvia. Statements of Claim are filed with the court to prepare the case for trial and ultimately render a judgment. Within ten days, the statement of claim is considered, and one of three judgments is made. If the court has jurisdiction over the dispute or the person bringing a claim has the legal capacity to do so, or if the parties have agreed to submit the dispute to arbitration, the judge will accept the statement of claim and proceed with court proceedings. Suppose the court does not have jurisdiction over the dispute. In that case, the person bringing a claim does not have the legal capacity to do so, or if the parties have agreed to submit the dispute to arbitration, the judge will reject the statement of claim.

After receiving a statement of claim, the judge will promptly get the case ready for trial. Both sides will have had a chance to present their respective justifications for bringing in outside parties, evidence, witnesses, expert exams, written and material evidence, and even video conferencing technology for the trial. To rule on these motions, the judge may schedule a pre-trial hearing.

The court will consider the only evidence allowed by law relevant to the case. Any evidence that has to be submitted to the court must do so no later than fourteen days before the scheduled court hearing unless the judge has ordered otherwise.

The judge’s report on the case’s facts is the first step in evaluating its merits. The parties then elaborate on all relevant facts that support their respective positions. It is possible to submit written explanations and have them read aloud at the hearing. At this hearing, both sides are limited to discussing facts and evidence previously discussed and considered by the court.

A default judgment (in absentium) may be issued by the court of first instance if the defendant does not respond to the claim or appear at the hearing. Undisputed Legalis is here to assist you with your international service of process needs in Latvia in the fastest, most cost-effective manner possible.

INTERNATIONAL PROCESS SERVICE IN LATVIA

Latvia Process service, often known as ‘service of process,’ is the method used to notify a party (such a defendant), court, or administrative body of a pending legal action in an attempt to exercise jurisdiction over that party and to allow that party to reply to the action. To give someone notice of a court case, a process server in Latvia will hand deliver the necessary paperwork, known as ‘process,’ to the recipient.

Hague Service Convention created a less complicated way for parties to accomplish service in other contracting nations. Each participating state must appoint a single point of contact to handle requests for assistance from citizens of different states by the convention. It is permissible for a judicial official authorized to serve process in the issuing state to directly apply to the competent authority in the receiving state to effect service. Upon receipt of the request, the recipient state’s centralized authority will make arrangements for service in a way authorized by the receiving state’s laws, usually via a local court. As soon as service is completed, the requesting judicial officer will get a certificate of service from the centralized authority.

Once the Central Authority has received the necessary documentation, it will transfer it to the appropriate Bailiff in Latvia to carry out the request. If you’re required to serve legal papers, you must follow service requirements outlined in the Civil Procedure Law. Often, service is done via electronic mail with confirmation of receipt registered mail with confirmation of receipt regular mail. The individual’s place of employment may also serve as an acceptable address for the service of process. The office staff may give the papers to the recipient if the addressee is absent. Suppose the Council of Sworn Bailiffs of Latvia cannot serve the document within one month after receiving it. In that case, the Bailiff who received the request must notify the Council of Sworn Bailiffs of Latvia of the delay in service and its reasons.

Most courts have ruled that service performed outside the treaty processes is invalid. They have warned that ‘consequences will result from not using the Convention.’ Different protocols may be implemented depending on which treaty nation one is in. Each signatory state may modify those aspects of the treaty within its jurisdiction, including which sections will be upheld and which will be disallowed, whether or not translations are necessary, and into what languages such translations must be provided.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC. Our receptionist will receive all the documents.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN LATVIA

Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large! For instructions on How To Serve Legal Papers in Latvia, Click Here!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. Chapter 30.5 of the Law on Civil Procedure.

2. if the applicant agrees to communicate with the court electronically, or if they are included among the persons/entities listed under Section 56(23) of the Law on Civil Procedural Procedure, the court to which the application is submitted;

the applicant’s given name, surname, personal identity number, and registered place of residence, or failing that, the de facto place of residence;

3. An application for maintenance must be filed using the procedures mentioned in the applicable laws. It may be submitted or delivered through the central authority authorized by Latvia for cooperation, as European Union law and international treaties require.

4. If the court favors one side, the losing side must pay the winning side’s legal fees. If a claim is partially paid, the expenses will be distributed proportionally. Suppose a claimant withdraws or the case is dismissed without a judgment being rendered. In that case, the claimant is responsible for paying the defendant’s legal fees (except in the limited circumstances where a claim is related to issuing the certificate provided for in Regulation (EC) No 1896/2006 of the European Parliament and the Council). However, suppose the plaintiff drops the suit after applying because the defendant voluntarily settles the claim. In that case, the court may, at the plaintiff’s request, require the defendant to reimburse the plaintiff for the plaintiff’s court expenses.

5. Article 1895 of the Civil Law states that the standard statute of limitations for civil claims is ten years (CL). A claim against the debtor triggers the start of the limitation period (CL 1896).

6. Facts that are generally known and accepted by the court do not need to be proven; facts established by judgment in a civil case involving the same parties; criminal liability established by judgment/decision in a criminal case when the same offense leads to civil liability do not need to be proven; facts deemed to be established by law do not need to be proven; and facts which the other party has not disputed do not need to be proven.

7. The court will choose how witnesses, experts, and other evidence will be examined after hearing the arguments of both sides. All evidence must be considered before a decision can be made on the merits of a case.

8. Following closing arguments, the panel adjourns to deliberate. If the court cannot render a verdict after the hearing, it will set a date within 30 days for the verdict to be made public. When the deadline for filing an appeal passes, and no notice of appeal has been submitted, the decision of the court becomes final.

A summary judgment is a ruling made by a court that disregards the details of a case and its arguments in favor of focusing only on the relevant statutes and regulations. Within 14 days after the conclusion of the trial, the court may issue a summary judgment if the following conditions are met: – the defendant has fully acknowledged the claim; – a default judgment has been entered against the defendant. For one, under streamlined processes, if the court grants the claim in full, that is.