CODE OF CIVIL PROCEDURE IN LITHUANIA

This article will provide guidance on the Code of Civil Procedure in Lithuania. Lithuania is governed under a multi-party system within the framework of a unitary semi-presidential representative democratic republic in which the President of Lithuania is the head of state, and the Prime Minister of Lithuania is the head of government, and a multi-party system.

The President and the Prime Minister (are responsible for the country's executive functions. The Government and the unicameral Seimas share authority in making laws (Lithuanian Parliament). Judges in Lithuania are appointed by the president and operate independently of the country's executive branch and parliament. The judicial system includes the independent administrative courts and the Constitutional Court, Supreme Court, and Court of Appeal.

Since Lithuania operates under a multi-party system, no one political party controls the government. Undisputed Legal is experienced in serving legal papers adhering to domestic and international requirements in Lithuania. Our private process servers are well-versed in the Hague Convention and Lithuanian Court Rules requirements. We have built relationships of trust with our international clients and are thus qualified to provide service across the globe.

BACKGROUND

The legal system of Lithuania is based on the principles of civil law and is influenced by German and Roman law. It is divided into two main branches; [A.] civil law and [B.] criminal law. Lithuania's main law source is the Constitution, which was adopted in 1992 and outlined the basic principles and structure of the legal system. The Lithuanian legal system also includes international treaties, laws enacted by the Parliament, and regulations issued by the government. The courts are responsible for interpreting and enforcing the law, and a system of appeal is available to ensure that justice is served.

The court system of the Republic of Lithuania is made up of courts of general jurisdiction and courts of special jurisdiction. The system of courts, their competence, the system of court organization, activity, and administration, as well as the system of autonomy of courts, also the status of judges, their appointment, career, liability, and other issues related to the judicial activities, are regulated by the Constitution, the Law on Courts and other legal acts.

The Code of Civil Procedure governs the rules and procedures for hearing civil matters (CCP). The first level of courts to hear cases are the district courts. Large business disputes involving a disputed sum of more than LTL150,000 are heard first by regional courts. Criminal and civil proceedings are heard separately in regional courts. The head of the regional court compiles a list of judges and assigns civil cases to them in numerical order. The first trial court considers the merits of the case and rules on the basis of the evidence presented.

The jurisdiction of administrative courts includes tax and competition law disputes. According to the Law on Administrative Proceedings, administrative matters are decided. The Supreme Administrative Court acts as the last appellate body (SAC). All matters decided by administrative courts at the regional level must be appealed to this court. It also serves as the only and original venue for proceedings in certain circumstances in the LAP.

It should be remembered that process servers in Lithuania play a crucial role in the litigation process by ensuring that the defendant is properly notified of the proceedings and has an opportunity to respond. The process server's main duties include locating the defendant, serving the legal documents promptly and properly, and preparing an affidavit of service to be filed with the court. Our process servers at Undisputed Legal comply with the rules and procedures established by the Hague Service Convention and Lithuanian law, including those relating to the translation of the documents, the method of service, and the completion of the required documentation.

PRE-ACTION BEHAVIOUR IN LITHUANIA

Before a civil complaint is filed, there are no hard and fast rules about party behavior. Before making a claim, several items, such as the application cost and the limitation period, must be taken care of. If no other duration is stipulated, providing thirty days' notice of termination of a contract is only one example of the many ancillary elements that must be met before a right to move to court emerges. A process server needs to understand the requirements of the Lithuania Process Service in order to ensure that the defendant gets a chance to represent themselves in court. At Undisputed Legal, we ensure that we take accountability for your papers.

The standard civil process involves bringing an action before the district or regional court with jurisdiction over the first trial. Any claim filed with a court must be made so in writing. A copy of the claim and a notification of the court's decision to accept the claim is served on the defendant.

The address for the service of process on the defendant is included in the claim. The defendant has between fourteen and thirty days to file a response with the court. The court may schedule a preliminary hearing after receiving the defendant's reply or call for a second written answer from each party. Each side has fourteen days to submit their supplemental comments. The court schedules the main hearing after the preliminary hearing or after the parties have exchanged any further submissions.

It might take anything from six months to two years for the court of first instance to issue a ruling in a civil case. When all the evidence is in writing, and the only issues at stake are money claims, a disagreement may be settled by summary (documentary) procedures. It should also be known that considering longer court times in Lithuania, foreign process service also has a longer timeline than the domestic process. Undisputed Legal will ensure that your documents go through the laws of the originating and the receiving state as per the Central Authority. However, international process service tends to be variable.

After dismissal, no further claims related to the same issue may be filed. If the claim is unresolved, the claimant is free to make a new claim after the circumstances giving rise to the unresolved claim have been addressed. A writ of execution may be issued in connection with a summary (documentary) process court order without further judicial approval. Delivering it to the court bailiff immediately is important so they may carry out the service.

COURT PROCEEDINGS IN LITHUANIA

All court proceedings are open to the public. Courts may rule to hear cases behind closed doors for various reasons, including the need to safeguard an individual's personal or family life or the risk of public disclosure of a state, professional, or commercial secret. All judicial proceedings held behind closed doors must adhere to the rules of court procedure.

No one under sixteen is allowed in courtroom proceedings unless they are involved in the case or are there to testify as a witness. There are no restrictions on the kind of technological equipment a court may employ to record and analyze court proceedings and evidence. Sound recording during a public court session is permitted if participants must carry out their procedural tasks.

Each person present at the proceeding is responsible for informing the session's chairman that a recording has taken place. Those involved in the case who should have known to notify the court about the audio recording but did not do so will face criminal penalties in accordance with the laws of the Republic of Lithuania. The use of cameras, microphones, or other recording or capturing equipment or appliances is strictly forbidden during the court session. Anyone caught

For all legal processes in the Republic of Lithuania, the official language is Lithuanian. Non-native speakers of the language have the legal right to have their conversations translated or interpreted.

FOREIGN DISPUTE RESOLUTION IN LITHUANIA

In the absence of evidence about the nature and applicability of foreign law, the court will go to Lithuanian law to determine the outcome. The court will follow Lithuanian law when the appropriate substantive law has not been established and an immediate procedural judgment is necessary. It should be noted that each party to an international has the option of determining the law that will apply to its provisions. Each side would next be required to provide evidence about the meaning and application of the relevant foreign law, official commentary, case law, and doctrine. Upon request, the court will assist the parties in gathering evidence about the applicability of foreign law.

Domestic procedural laws provide the basis for the court's decision-making (lex fori). Commercial actors may agree on the contract's choice of jurisdiction, but only if doing so does not violate the local legislation. A written agreement indicating the parties' desired court of jurisdiction is required. The only types of conflicts for which a party has the option of choosing jurisdiction are those involving money or property. The court does not deny jurisdiction on its own will but only after being asked to do so by one of the parties.

INTERNATIONAL SERVICE OF PROCESS IN LITHUANIA

International process service refers to the delivery of legal documents, such as a summons, complaint, or subpoena, from one country to another in accordance with the laws and regulations of both countries. In Lithuania, international process service is governed by the Hague Service Convention, a treaty providing efficient and straightforward judicial document transmission between signatory countries. In order to effect service of process in Lithuania, the document must be translated into Lithuanian and then transmitted through the central authority designated by the Lithuanian government, the Ministry of Justice. Once the document is received from a private process service agency like Undisputed Legal, the Ministry of Justice will arrange for service on the defendant in accordance with Lithuanian law.

The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 1965 (Hague Service Convention) includes Lithuania as a contracting state. However, Lithuania has decided not to abide by Articles 8 and 10, positing reservations to the same. As a result, legal papers can only be served if authorized to do so by a higher power (the Ministry of Justice).

It must be noted that although the Hague Service Convention is typically seen as the guiding legislation for international service of papers, Regulation (EC) 1393/2007 on the service in the member states of judicial and extrajudicial documents in civil or commercial cases (Service Regulation) governs the transmission of papers from one EU member state to Lithuania.

Lithuanian courts are obligated to exchange certain information with courts of other signatory nations in accordance with the HCCH Convention on the Taking of Evidence Abroad in Civil or Commercial Matters 1970 (Hague Evidence Convention). Retaining a private process service agency is helpful to ensure that your papers are correct and face a smaller chance of being rejected at the receiving state. It should be noted that this is an important duty insofar as the Ministry of Justice is responsible for coordinating the dissemination of judicial aid and is often flooded with international requests.

The Service Regulation and Regulation (EC) No. 1206/2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial disputes governs the procedures by which courts in EU member states make requests (Evidence Regulation). Any court in another EU member state seeking evidence must use the form outlined in Annex A of the EU's Evidence Regulation (Evidence Regulation).

ENFORCEMENT OF FOREIGN JUDGEMENTS IN LITHUANIA

The Court of Appeal has the authority to hear cases involving the recognition of foreign judgments. In order to be valid, a judgment must emanate from a member of an organization that has ratified the European Union's Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as well as the Lugano Convention, or the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1988).

In order to be recognized and enforced in Lithuania, a foreign decision must not conflict with the Constitution, Lithuanian private international law, or a previous Lithuanian judgment on the same matter. Judgments rendered in any European Union member state, including the United Kingdom, may be enforced in any other member state under the terms of the Brussels Regulation. Since the merits of individual cases are not considered during the recognition and execution of foreign judgments in Lithuania, the process has been simplified.

For easier service in other contracting states, the Hague Service Convention was created. Our process servers are well aware of the Hague Service Convention’s requirements, and we ensure that your documents are handled efficiently. It should be known that under the terms of the agreement, each signatory state must choose a single authority to handle all requests for assistance. Upon receipt of the request, the recipient state's centralized authority will make arrangements for serving in a way permissible within the receiving state, usually via a local court. During this time, receiving the go-ahead from the receiving state is imperative. Improper service can lead to void service. It is important to retain the professional capacities of a private process service agency like Undisputed Legal in order to preserve your peace of mind during international litigation.

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 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 LITHUANIA

Simply 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 Lithuania process service needs; no job is too small or too large!

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. In 1992, voters in the Republic of Lithuania gave the government that document and all of its accompanying powers.

2. First-instance cases are heard, evidence is gathered, and the regional administrative courts make decisions. The court operates in a manner consistent with the civil courts of the first instance.

3. When the debtor's address is known, summary proceedings may be commenced online by the submission of a prepared request form for monetary claims.

4. The defendant may seek a 60-day extension to this deadline (Article 142, CCP). The court may issue a ruling without the defendant's input if they are served with the claim but don't reply.

5. A case may be dismissed before trial if one of the following conditions is met:

The court does not have jurisdiction over this matter.
In this case, the matter has already been heard and decided by another court or arbitration panel.
The plaintiff has decided to drop the lawsuit.
A compromise has been reached between the two sides.

6. Participants in the action, and if required, also witnesses, interpreters, translators, and experts may attend a court session conducted in secret.

7. The rule of competition governs the hearing of civil matters in every court. Except when it is unnecessary, each party must show the facts based on their claims and counterclaims.

8. A court may also decline to rule on the claim if:

There has been a failure on both sides to engage in mandatory pre-trial conflict settlement procedures.
Another case with a similar disagreement is now being settled.
However, the application cost has not been paid.
Arbitration was agreed upon as the means of settling disagreements between the parties.

9. Lithuania has entered into bilateral accords with other countries to provide legal help in civil proceedings. Process serving from these jurisdictions is carried out in accordance with the procedures outlined in these treaties. The Ministry of Justice is the appropriate authority for service of process under international treaties.

10. Except as expressly allowed by treaty or EU law

11. The Lithuanian court will acknowledge receipt of the request within seven days (Annex B, Evidence Regulation). The Lithuanian court will gather evidence no later than 90 days after receiving the request. In order to return evidence to the asking court, it must first be gathered, and then the form included in Annex H of the Evidence Regulation must be filled out and sent to the court as soon as possible.

12. It is permissible for a judicial officer authorized to serve process in the issuing state to make a direct application to the competent authority in the receiving state for the purpose of effecting service.