How The Central Authority Works In Lithuania

Written by: Undisputed Legal Inc.

This article will provide guidance on How The Central Authority Works in Lithuania. Service of papers in a foreign country is a hassle, even if the country is a member of the EU, like Lithuania. While it is true that the EU does set standards for service throughout signatory nations, the Hague Service Convention is still the fastest way to ensure service of papers is accomplished appropriately. The ‘Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters,’ or the Hague Service Convention, is the preeminent international instrument for cross-border service of process. As such, for the Hague Service to be effective in a country, there needs to be a coordinating agency in the receiving state that can handle the letters of request. This is the Central Authority’s role under the Hague Service Convention. Click here for How the Hague Convention Simplifies International Process Service.

The Central Authority in Lithuania is the Ministry of Justice. Requests for service of documents can be forwarded to foreign Central Authorities by any of the forty-nine instance courts (county courts, the Lithuanian Court of Appeals, the Supreme Court, and all other instances) currently hearing civil or commercial cases. Click Here for Frequently Asked Questions About Process Servers!

Following the procedures outlined in the Hague Service Convention is paramount. This is where the expertise of a private process-serving agency, such as Undisputed Legal, may be invaluable. Not all types of papers or legal issues are covered under the Hague Service Convention. Thus, when it comes to serving papers under this Convention, our process servers are experts in international law. This is crucial since some documents may be excluded or subject to certain requirements. Click here for information on How Process Servers Protect Your Rights: Myths Debunked.

How process Service is done in Lithuania

An experienced process server like those at Undisputed Legal can serve a document in several ways. One option is to send it through a registered letter of request to the addressee’s home or registered office. Another is to have it served personally at the addressee’s home, office, or registered office. It is necessary to provide proof of the application for document service. This comprises a bank transfer of one hundred and ten to the Chamber of Judicial Officers of Lithuania’s account. This information is recorded in the Register of Legal Entities. Click here for details on How To Identify A Good Process Service Agency

The Central Authority is required to return the documents in the same order as they were received, indicate the reason for returning the documents, and provide information about the amount of the fee and possible payment methods if the application fee of EUR 110 is not paid and no supporting documents are submitted. Parties may submit the service papers many times after they are returned. Click here for information on How Rush Process Service Can Expedite Your Case.

Specifics of the Central Authority

Within the Republic of Lithuania, the applicant must prove to the Central Authority that the fee of EUR 110 has been paid or reimbursed from the State-guaranteed legal assistance funds so the papers can be served without the charge. Suppose the application requests the service of documents in a specific manner that incurs additional expenses. In that case, the applicant is asked to prepay the EUR 110 fee and submit the necessary documents to the Chamber of Judicial Officers of Lithuania (bailiffs) to cover these specific costs. Methods that are considered derogatory include agreements between two or more countries, as well as domestic laws that allow for other broadcast channels.` Click here for information on How Service of Process Ensures A Solid Foundation.

An agreement between Latvia, Lithuania, and Estonia governs legal aid and relations. Further, the European Judicial Atlas-Service of Documents is a judicial and extrajudicial document registry established by Council Regulation (EC) No. 1393/2007 on the service of documents in civil or commercial actions among the Member States. As such, it is important to follow the laws that govern service in Lithuania apart from the Hague Service Convention. Our Undisputed Legal process servers are local to Lithuania and can ensure service is conducted in Lithuania according to the specifications of the domestic laws applicable. Click here for information on How To Overcome Language Barriers in Process Service

What does the Ministry of Justice in Lithuania do?

The Republic of Lithuania’s Ministry of Justice drafts legislation to establish a national legal system that adheres to EU legal precedent and the principle of the rule of law. Legal opinions on legislative conceptions, draft laws, and other draft legislation, as well as judgments about their conformity with European Union law, are also provided by the Ministry by the method set forth by law. Several of its divisions deal with areas such as forensic science, state enterprise and legal information centers, metrology, and consumer rights protection. The Ministry is also instrumental in understanding the steps that must be taken before a Lithuanian court’s ruling may be enforced in a foreign nation. Click here for information on How Timelines Are Important in Process Serving.

The parties wishing to have the decision enforced must directly approach the foreign state’s competent authorities (often the courts) and submit the necessary paperwork, including an application for recognition and enforcement of the decision. Using a private process service agency like Undisputed Legal may be helpful in certain situations when seeking recognition and execution of rulings in a foreign nation.

The Ministry of Justice drafts legislation to adopt, amend, or repeal legal norms of the Republic of Lithuania’s criminal law. The Ministry addresses issues such as criminalizing or decriminalizing certain crimes, changes to the features of an element of an offense, and changes to the legal consequences for committing a criminal act. It considers the state’s crime prevention approaches, directions of criminal policy, international commitments, and trends in international cooperation.

As part of its role in implementing state policy within the legal profession, the Ministry of Justice drafts laws that govern the conduct of attorneys. State policy on the administration, management, and enforcement of judgments by judicial officers is developed and carried out by the Ministry of Justice. The Ministry of Justice is responsible for overseeing the judicial officers’ work and financial and economic operations, summarising any issues with their administration, and implementing efforts to standardize enforcement processes as per the protocol set by the Minister of Justice.

Process service of Papers in Lithuania

Specific time limits for document service have been established by domestic legislation. It is necessary to include a copy of the document and a certificate of service to enact service in Lithuania. In compliance with Regulation (EC), No 1393/2007, and the 1965 Hague Convention, every ordinary court of the Republic of Lithuania that handles civil or commercial proceedings has the authority to transfer papers to a foreign state.

The Lithuanian Chamber of Bailiffs is the official entity tasked with receiving requests for document service from other Member States. Mail and fax are acceptable methods of receiving both judicial and non-judicial papers. Both Lithuanian and English forms may be submitted to Lithuania.

There are no strict regulations regarding parties’ conduct before filing a civil lawsuit. However, specific concerns need to be addressed before a claim can be made, including the application fee and the statute of limitations. A right to appear before a court may only arise if certain ancillary conditions are satisfied, such as giving thirty days’ notice of contract termination (unless otherwise specified in the contract). To guarantee that the defendant has an opportunity to represent themselves in court, a process server must be familiar with the requirements of the Lithuania Process Service. Undisputed Legal guarantees that we will be responsible for your documents.

The first step in the typical civil trial procedure is to file a lawsuit with the appropriate district or regional court. A written claim must be filed with the court. The defendant is served with both the claim and the notice of the court’s acceptance or rejection of the claim.

The claim includes the defendant’s address for process service. The court will give the defendant fourteen to thirty days to respond. Upon receiving the defendant’s response, the court can either set a preliminary hearing or request a second written response from both sides. The further comments from each party are due in fourteen days. Following the conclusion of the initial hearing or upon receipt of further briefs from the parties, the court will set the date for the main hearing.

A civil case’s first instance court verdict could take six months to two years. For example, where a dispute involves monetary claims, and all the relevant evidence is in writing, a summary (documentary) approach may be sufficient to resolve the matter. Due to the lengthier court procedures in Lithuania, it takes longer to serve the international process than the domestic one. Although foreign process service might be unpredictable, Undisputed Legal will make sure that your papers are subject to the laws of both the sending and receiving states by the Central Authority.

No other claims about the same matter may be submitted after dismissal. Upon resolution of the underlying circumstances, the claimant can file a fresh claim if the first claim remains unresolved. In cases involving summary (documentary) process court orders, further judicial approval is not required to issue a writ of execution. For the court bailiff to serve it, its prompt delivery is crucial.

Understanding Court Procedure in Lithuania

Unless they are directly associated with the case or present to testify as witnesses, no one under sixteen is permitted in the proceedings. A court can use any technological tool to record and assess evidence and court proceedings. Sound recording is permissible if participants must carry out their procedural obligations during a public court session.

There must be a preliminary phase in the majority of civil lawsuits. It was, however, legalized in 2011 that the judge can choose not to have a preparation stage. As soon as the court receives the defendant’s answer, he or she may determine that further steps in preparing the case for the civil hearing are unnecessary and can instead decide to hear the matter during the main hearing. A preliminary phase is also not required in claims disputes involving amounts up to 2000 Euros.

In cases where the court thinks that a mutually agreeable resolution is possible or when the law mandates that the court do so, judicial settlement may be pursued. The plaintiff must provide a duplication, which is a duplication of the plaintiff’s plea to the defendant’s plea if the civil case is prepared in writing form.

In most cases, a court judgment will conclude the preliminary stage. A verdict like this in Lithuania serves to solidify all the preceding work, and it should be rather tough to alter anything fundamental about the civil case once it’s passed.8 It should be permissible to amend the claim’s topic or reasons, add new requirements, file a counterclaim, or provide more proof only under extraordinary circumstances.

The purpose of the preparatory stage is to gather all relevant evidence for the civil case so that it may be heard at a court hearing and a reasonable judgment can be handed down. One aspect of the cooperation principles is the obligation of the parties to present their cases before the court timely. A court has the authority to refuse to accept evidence if it might have been provided earlier, and its subsequent presentation would cause the proceedings to be delayed.

Notary public

Notary publics are overseen by the Ministry of Justice in Lithuania, which also takes steps to standardize notarial procedures. The Ministry of Justice ensures that vital records are recorded lawfully at elderships and registry offices, grants permission to change one’s name, surname, or nationality, supports registry offices methodologically, supplies them with civil registration certificates and entry forms, and monitors their proper use.

When they wish to practice as advocates in Lithuania, lawyers from the EU, EEA, Swiss Confederation, or other natural persons who have been granted employment (self-employment) rights in an EU member state can have their professional qualifications recognized by the Ministry of Justice. Either the Lithuanian Ministry of Justice or the Republic of Lithuania’s Contact Centre might receive the applicant’s request for acknowledgment of their professional credentials. It is necessary to verify the proof of their nationality (or, in the case of EU legislation, proof of their right to work for someone else or to be self-employed) as well as a certificate or certification indicating professional competence in the field of law before the applicant can be considered for the position.

The Ministry of Justice requires all paperwork to be filed in Lithuanian. Except in the circumstances allowed for by national or international law, documents produced by foreign nations must be legalized or certified (Apostille). The papers must be translated into Lithuanian and confirmed by the translator’s signature unless alternative provisions are made in the legislation. The aforementioned documentation may be issued three months before the application date. The candidate will be required to take a professional aptitude exam once they submit all required paperwork to the Ministry of Justice.

The notary’s role in authenticating a transaction is to guarantee that all parties act freely when entering it and that the documents are accurate. Effectively, a notary can be helpful to ensure that the transaction did not violate anyone’s rights or legitimate interests and that it followed all applicable laws and regulations. The notary’s duties include verifying the identity of any corporations or other legal organizations taking part and explaining the nature and potential outcomes of the deals reached.

The transaction will be approved once the legal process has submitted all of the necessary paperwork and the notary has fulfilled their duties. For a transaction to be authenticated, the notary must make an acknowledgment entry, sign it, and seal it with the state seal or stamp. Official documents with notarial authentication have more evidentiary power, prima facie, than unauthenticated documents. Notarized papers’ facts are widely acknowledged in legislation and case law as being resolved and not requiring verification until the documents or portions thereof are declared null and invalid by the procedures laid forth in the laws.

Documents supporting the occurrence of property rights, restrictions on these rights, and legal acts are transferred from the Notary Office to the territorial registrar of the State Enterprise Centre of Registers through remote communication in cases where these issues arise as a result of a notarized transaction, an application to register property rights or any combination of the aforementioned.

Power Of Attorney

Anyone may submit a power of attorney to any Centre of Registers’ Branch Offices or local units by mail or in person. The management body head or many members must sign a power of attorney in unison if the quantitative representation rule applies. Legal entities that are required to comply with quantitative representation rules or whose heads do not possess a legally qualified electronic signature (such as foreign nationals) must submit a paper power of attorney to the Centre of Registers.

A foreign legal entity, its branch or representative office, or another organization can delegate the authority to submit electronic documents to the Register of Legal Entities and/or the Information System of Legal Entities Participant, as well as to order services for the Real Property Register through the self-service of the Centre of Registers. Following the protocol set forth by the Centre of Registers, a designated agent may submit data on behalf of an authorized party.

Unless otherwise specified in the Republic of Lithuania’s Civil Code, all transactions involving the establishment of a legal obligation must be recorded in writing, either in the ordinary or notarial form. An individual’s conduct that indicates a desire to enter into a transaction (a contract created by acts) is sufficient to constitute the formation of a transaction for which no particular legal form is prescribed. To construct a transaction verbally, all that is needed is an agreement between the parties or a legal need for the document to be in writing. Legally permissible verbal transactions may also be formalized in writing or notarial form, and vice versa for transactions that need the conventional written form.

The transfer of power of attorney is unique because it only involves one party. This implies that the only thing that can shape it is the intention of the person giving the power of attorney. A unilateral transaction is considered to have been created in the location where the will of a party to the transaction is expressed, according to the Civil Code of Lithuania. This might be the site of an authorization being provided or the making of a will or testament. The state’s laws, where the power of attorney is granted, shall dictate its form. If not specified in the document, the laws of the state where the agent is physically located will govern the duration of a power of attorney’s validity, the agent’s rights and responsibilities, the principal’s and agent’s liability to each other, and their liability to third parties. It follows that a power of attorney is considered formed abroad if the party, who is either a natural person and a citizen of Lithuania or a legal person registered in the Republic of Lithuania and represented by a citizen of Lithuania, issues it while abroad, indicating his will to the transaction.

At Undisputed Legal, we aim to serve legal papers across international borders quickly and effectively. Our team has immense experience when it comes to figuring out the complicated rules, laws, and processes that are needed to send legal papers to different countries, including Lithuania. We are dedicated to keeping the highest standards for document service. Our main goal is to ensure that papers are delivered in Lithuania with the utmost accuracy and respect for the culture.

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

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. Ministry of Justice Gedimino Ave. 30 LT-01104 Vilnius

2. Address: Konstitucijos Ave. 15,

LT-09319 Vilnius,

Republic of Lithuania,

Account No:

LT92 4010 0424 0031 5815, AB ‘DnB bankas’, bank code 40100

Chamber of Judicial Officers of Lithuania

3. Registered with the number 126198978

4. The following countries have signed bilateral treaties on judicial cooperation with Lithuania:

Azerbaijan,
Belarus,
China (People’s Republic),
Kazakhstan,
Moldova (Republic of),
Poland,
Russia (Federation),
Ukraine and
Uzbekistan.

5. Articles 11, 19, 24, and 25 of the Hague Service Convention.

6. Enacted in Strasbourg, 13 November 2007

7. It should be noted that the Lithuanian authorities will only mediate when submitting requests to foreign countries to recognize and enforce decisions if there are bilateral agreements, the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance of 23 November 2007, and Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions, and cooperation in matters about maintenance obligations.

8. This Ministry assists in the organization and coordination of the following:

the sentencing and arrest processes, as well as the reintegration of convicted criminals into society;
analyses the operations of the Prison Department and its subordinate agencies and state-owned businesses;
drafts laws about the arrest and penitentiary law;
proposes changes to or repeals of existing laws; analyses laws about sentencing and arrest; concludes those analyses;

The Ministry of Justice provides research on the efficacy of probation laws, reviews and summarizes international probation practices, oversees the evolution of the probation system in law and practice, and assists in organizing offenders’ social reintegration while on probation.

9. The European Parliament and Council’s Regulation (EU) 2020/1784 supersedes Council Regulation (EC) No. 1393/2007 as of July 1, 2022.

10. Official forms for civil registration certificates that the Minister has green-lit:

A passage verifying the birth certificate
A passage verifying the marriage record
Extraction verifying the divorce decree
Section verifying the death certificate

11. Extract certifying the record altering or updating a record of an act of civil status

12. The decision about the test of Lithuanian language competency will be made by the Aptitude Test Commission if, after a lawyer’s professional qualification is recognized, there are legitimate doubts about the applicant’s ability to speak the language.