Preparation of the claim, response to the claim, duplicate, triplicate in Lithuania

The role of procedural documents in a case and their importance for the rights of the parties

Procedural documents submitted by participants in a case in the Republic of Lithuania include claims, counterclaims, responses to claims or counterclaims, rejoinders (claimant’s reply to the defendant’s response), surrejoinders (defendant’s reply to the rejoinder), interlocutory appeals, appellate and cassation appeals, responses to those appeals, and other documents used during written proceedings to present motions, demands, objections, or explanations.

A claim is a legal instrument for protecting a violated or disputed subjective right. The grounds for the claim are the factual circumstances provided by the claimant that support the claim.

Every interested person has the right, under Lithuanian law, to apply to a court in order to protect a violated or disputed right or a legally protected interest.

A claim submitted to the court must comply with general requirements for the content of procedural documents. The claim must also include:

1. The value of the claim, if the claim must be monetarily assessed;
2. The factual circumstances that form the basis of the claim (factual basis of the claim);
3. The evidence supporting the stated facts, the residence of witnesses, and the location of other evidence;
4. The claimant’s demands (subject matter of the claim);
5. The claimant’s opinion on the possibility of a default judgment if no response or preparatory procedural document is submitted;
6. Information on whether the case in Lithuania will be handled through an attorney.

Documents and other evidence on which the claim is based must be attached to the claim, along with proof of payment of the court fee, and motions to request evidence the claimant is unable to provide, including reasons for such inability.

A response to a claim is a procedural document in which the defendant presents their position regarding the claim brought against them. It is a procedural means by which the defendant can express their objections to the claim.

Along with a copy of the claim, the court in the Republic of Lithuania sends a notice to the defendant and any third parties, requiring them to submit a response. This notice sets a deadline for submitting the response—no shorter than fourteen and no longer than thirty days. It also explains the consequences of failing to respond and the defendant’s obligation to submit their position on the claim. In exceptional cases, taking into account a request from the defendant or a third party and the complexity of the case, the court may extend this deadline to sixty days. The deadlines mentioned are counted from the date the notice is served.

The response to the claim must meet the general content requirements for procedural documents. In addition, it must include:

1. Whether the defendant agrees with the claim;
2. The reasons for disagreement;
3. Evidence supporting the grounds for disagreement;
4. The defendant’s opinion on the possibility of a default judgment if the claimant does not submit preparatory procedural documents;
5. Information on whether the case in Lithuania will be handled through an attorney.

The court has the right to reject evidence and arguments that could have been presented in the response if it believes their later submission would delay the resolution of the case.

If the defendant, without justified cause, fails to submit a response within the specified deadline, the court may, upon the claimant’s request, issue a default judgment.

Rejoinder – the claimant’s response to the defendant’s response to the claim.

Surrejoinder – the defendant’s reply to the rejoinder.