Online processing of cases and e-communication with courts

1 Is it possible to initiate court proceedings via the internet?

Since 1 July 2013, it has been possible to file civil claims electronically via the Lithuanian Court Information System (LITEKO), which can be accessed through the Public Electronic Services (PES) Subsystem at https://www.teismai.lt/en and http://www.epaslaugos.lt/ by selecting the link to the E-Services Portal of the Lithuanian Courts.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Different claims in civil proceedings or complaints against individual acts and applications in administrative proceedings may be filed electronically. Electronic documents may be filed to the court in relation to both new and existing paper files. When electronic documents are filed in relation to an existing paper file, the applicant should also file the required number of paper copies (one copy to be added to the paper file and one copy to be sent by the court to each party to the proceedings).

Since 1 January 2014, the electronic format has been exclusively used in civil cases heard by district courts regarding the issue of court orders, where the application initiating the court proceedings was filed on after 1 July 2013 using information and electronic communications technologies;

1.2. civil cases heard by district courts, where the procedural document on which the court proceedings are based was filed on or after 1 January 2014 using information and electronic communications technologies;

1.3. civil cases hear by regional courts as first instance courts, administrative cases heard by administrative courts as first instance courts, where the procedural document on which the court proceedings are based was filed on or after 1 July 2013 using information and electronic communications technologies;

1.4. all proceedings before courts of general jurisdiction and specialised courts hearing appeal or cassation cases based on appeals filed on or after 1 January 2014 against judgments or rulings in cases that had been processed exclusively in electronic format.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

This service is available at all times.

4 Should the details of the claim be provided in any particular format?

Procedural documents may be submitted by completing the templates available on the LITEKO PES subsystem or by uploading existing documents in the formats supported by the system: formats of text documents: doc, docx, odt, rtf, txt.; spreadsheet formats: xls, xlsx, ods; presentation formats: ppt, pptx, ppsx, odp; vector graphics image and text formats: pdf, application/pdf, ADOC; dot matrix image formats: tif, tiff, jpg, jpeg, jfif, png, gif, bmp; video formats: avi, mpg, 3gp, 3g2, asf, asx, swx, swf, flv, vob, wmv, mov, rm.; audio formats: wav, aif, mp3, mid, wma, flac, aac.

5 How is transmission and storage of data secured?

Electronic data relating to court proceedings are processed, accounted for and stored using information and electronic communications technologies in accordance with the arrangements laid down by the Judicial Council (Teisėjų taryba) and agreed with the Chief Archivist of Lithuania (Lietuvos vyriausiasis archyvaras).

6 Is it necessary to use any kind of electronic signature and/or time record?

The electronic services portal can be accessed using the tools available at the e-government portal: using electronic banking, a personal identification card or an electronic signature. The system also has a time stamp function.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Residents filing e-documents enjoy a 25% discount on the court fee; they do not need to print any procedural documents or mail them to the court, go to the bank to pay the fee or provide proof of payment.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Claims filed via the internet are subject to the same civil procedure rules as regular claims. Article 139(1) of the Code of Civil Procedure (Civilinio proceso kodeksas) stipulates that a claimant is entitled to withdraw his/her claim as long as the court has not sent a copy of it to the defendant. The claim may be withdrawn at a later stage only if the defendant agrees and the claim is withdrawn before the court of first instance adopts its decision. Until such time as it is registered, a claim may be withdrawn by simply deleting it. After registration, the claim may be withdrawn on the system only by filing a withdrawal application.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Both paper and electronic documents can be filed to the court.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The use of electronic communications during civil proceedings does not affect the civil procedure rules.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

The use of electronic communications during civil proceedings does not affect the civil procedure rules.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Electronic documents may be filed in relation to both existing paper files and electronic files;

13 Can judicial documents, and particularly judgments, be served via the internet?

Yes.

14 Can judicial decisions be given electronically?

Cases regarding the issue of court orders, other cases specified by the Judicial Council and information relating to court proceedings may be processed electronically. Where an electronic file has been created, any printed information received or sent by the court is digitised, while printed documents are processed, stored or destroyed in accordance with the arrangements laid down by the Judicial Council and agreed with the Chief Archivist of Lithuania.

15 Can an appeal be made and its decision served via the internet?

Yes, an appeal can be made via the internet in both civil and administrative proceedings. Judicial decisions may be delivered both electronically and by other means provided for under specific laws.

16 Is it possible to initiate enforcement proceedings via the internet?

An amendment to the Code of Civil Procedure regulating the use of information and electronic communications technologies in bailiffs’ activities came into force on 1 July 2013, but the possibility of initiating enforcement proceedings via the internet has not yet been implemented. The electronic information system for bailiffs should be operational from April 2015.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

From 1 July 2013, lawyers and lawyers’ assistants may receive procedural court documents using electronic communications.