Details

Lituania - Autoridad central (Art. 2) e información práctica

Central Authority(ies):

Ministry of Justice 

Contact details:
Address: The Ministry of Justice 
Gedimino ave. 30
LT-01104 Vilnius
Telephone: +370 600 38 904
Fax: N/A
E-mail: rastine@tm.lt; tbztpg@tm.lt
General website: https://tm.lrv.lt
Contact persons: International Cooperation and Human Rights Policy Group
tbztpg@tm.lt
https://tm.lrv.lt/en/structure-and-contacts/contacts-1
Languages spoken by staff: Lithuanian, English, Russian

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)
Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Additionally, articles 801(2) and 802(1) of the Code of Civil Procedure of Lithuania prevent foreign applicants from obtaining certain types of evidence in the territory of Lithuania (for more information, see response of Lithuania to the 2008 Evidence Questionnaire).

Chapter I
(Letters of Requests)
Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.
Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Lithuanian, French, English and Russian.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Lithuania has not sought reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution:

No information available.
Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Lithuania.

Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Our laws do not stipulate any such requirement; however, specific questions should be included for the purpose of effective and sufficient execution of the request.
Is it a public or private hearing?

Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No, the Request will simply be rejected.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.
Are documents produced by the witness authenticated by the court?

Yes.
Is an oath generally administered to the witness?

Yes.
Can the witness be made subject to further examination and recall?

Yes, but a second Request is necessary.
Are there sanctions for non-appearance of witness?

Under article 248 of Code of Civil Procedure if a summoned witness fails to appear before the court without a relevant reason, he may be fined in the amount of one thousand litas. The witness may also be brought before the court pursuant to a court ruling.
Must interpreters who assist with the witness examination be court-certified?

Yes.
How is the testimony transcribed?

Under articles 168 and 169 of Code of Civil Procedure, a summary of the testimony is recorded in the minutes of the court session.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15

Applicable.
Article 16

Applicable. See conditions.
Article 17

Applicable. See conditions.
Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter) 

Chapter I
Are there legal obstacles to the use of video links?

No. Lithuania bases the use of video-link on specific provisions such as Articles 7 or 8 of the Evidence Convention. In addition, articles 9 and 177 of the Code of Civil Procedure provide the legal basis for the taking of evidence by video-link in Lithuania.

There are no legal obstacles but rather practical ones, i.e. just a few courts are equipped with videoconferencing facilities which may be used in cross-border proceedings.
Technology used:

No information available.
Level of interpretation required:

No information available.
Simultaneous or in sequence interpretation:

No information available.
Interpretation required in which jurisdiction?

No information available.
Who pays for the interpretation?

No information available.
How would a request for evidence be handled if witness not willing?

According to article 9(5) of the Code of Civil Procedure a court may use any technical devices or appliances to record court proceedings and evidence.

According to article 191(1) of the Code of Civil Procedure the witness has a duty to give evidence in court (subject to the exceptions stated in art. 191(2)). A witness failing to perform the duty may be subject to a fine of up to 1000 litas.

If a witness refuses to give evidence using video-link, his/her testimony may be recorded in writing.

Chapter II
Are there legal obstacles to the use of video links?

No. Lithuania bases the use of video-link on specific provisions such as Article 19 of the Evidence Convention.

There are no legal obstacles but rather practical ones, i.e. just a few courts are equipped with videoconferencing facilities which may be used in cross-border proceedings.
Technology used:

No information available.
Level of interpretation required:

No information available.
Simultaneous or in sequence interpretation:

No information available.
Interpretation required in which jurisdiction?

No information available.
Who pays for the interpretation?

No information available.
Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Armenia, Azerbaijan, Belarus, China, Estonia, Kazakhstan, Poland, Republic of Moldova, the Russian Federation, Turkey, Ukraine, Uzbekistan.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters
Useful links:

 

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