Lawsuits, Statements, and Applications in Civil Proceedings in Lithuania
In proceedings under the civil procedure, lawsuits are submitted in cases of claims, while in special procedures and other cases, statements or applications are submitted.
According to the rules of special procedure, only such civil cases are heard where there is no dispute regarding substantive law. In cases heard under special procedure, the court does not decide on the dispute over the law but only confirms the subjective rights under review.
In special procedure, the court examines cases:
- Regarding the establishment of legally significant facts;
- Regarding declaring a person deceased or missing;
- Regarding declaring a person incapable or partially capable, and recognizing a minor as capable (emancipated);
- Regarding adoption;
- Regarding guardianship and care;
- Regarding appeals against actions of bailiffs and notaries;
- Regarding the registration of civil status acts, restoration, modification, addition, correction, or cancellation of records;
- Regarding the restoration of rights to lost securities (summary procedure);
- Regarding property rights, except for cases examined under litigation procedure rules;
- Regarding family legal relations, except for cases examined under litigation procedure rules (divorce, annulment, separation, establishment/challenge of paternity (maternity), limitation of parental rights);
- Regarding mortgage (movable property pledge) legal relations;
- Regarding the restoration of a lost court or enforcement case;
- Regarding the renewal of the missed statutory deadline;
- Regarding issuing court permits, confirming statements or facts, asset administration, inheritance procedures (appointment of an inheritance administrator, preparation of an inventory, testament publication, etc.).
The examination of the mentioned cases begins with a statement or application from the applicant. The cases are examined in writing. Statements and applications in special procedure cases are submitted to the district court of the applicant’s place of residence or the registered office of the legal entity, except for cases regarding the ownership of a building, land, or forest, acceptance of inheritance, and establishment of the facts regarding the location of the inheritance. In these cases, the statements are submitted to the respective district court of the building, land, or forest location, or the location of the inheritance property or its main part.
The statement must specify:
- The purpose of establishing the legally significant fact;
- Reasons why documents confirming the legally significant fact cannot be obtained or restored;
- Evidence confirming the legally significant fact, as well as evidence confirming that the applicant cannot obtain the necessary documents or that the lost documents cannot be restored.