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IN NOVUM RESTRICTION IN LITHUANIAN CIVIL PROCEDURE LAW
V. NEKROŠIUS,
Doctor of Sciences, Professor, Faculty of Law,
Vilnius University, Member of the Academy of Sciences of the Republic of Lithuania,
Faculty of Law and Administration, University of Szczecin
This article examines a relatively new institute of Lithuanian civil proceedings – legal
restrictions on the late submission of evidence in both first instance and appellate courts.
These restrictions were first established in the new Civil Procedure Code (CPC) which was
adopted by Seimas of the Republic of Lithuania on 28 February 2002 (entered into force on
1 January 2003). Until then such restrictions in Lithuanian civil procedure law were not
known from the time of famous Statutes of the Grand Duchy of Lithuania. Therefore, it seems
natural that this innovation has paved the way for its real application in the courts for more
than a decade. This article provides a consistent analysis of the case law (starting with the
rulings of the Supreme Court of Lithuania in which the restrictions established in the law
were practically denied, and up to the rulings of the last year, which already recognized the
right of the courts in certain cases to refuse to accept evidence which was submitted too late).
This article also reveals the aims of the CPC authors which were aimed at establishing the first
instance court’s right to refuse to accept evidence which was submitted too late and system
of limited appeal which establishes a general prohibition (with certain exceptions) to present
evidence that was not examined in the court of first instance. One of the most important
aims is the concentration of the proceedings, the prevention of abuse of procedural rights and
the establishment of the first instance as the main judicial instance. The appeal procedure
in the new CPC is already regarded not as a repetition or continuation of the proceedings at
first instance, but as a review of the legality and validity of an existing, albeit unenforced,
decision of the court of first instance. The author acknowledges that although it took a long
time for the relevant provisions of the law to be actually applied in the case law, today their
application is already noticeable in the daily work of courts. This leads to the conclusion that
Lithuanian courts have adapted to the new CPC system and its philosophy.
Keywords: ius novorum; limitations on the presentation of evidence; presentation of evidence.
References
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Information about the author
V. Nekrošius (Vilnius, Lithuania) – Doctor of Sciences, Professor, Faculty of Law,
Vilnius University, Member of the Academy of Sciences of the Republic of Lithuania,
Faculty of Law and Administration, University of Szczecin (9 Saulėtekio Av., Vilnius,
10222, Lithuania; e-mail: [email protected]).
Recommended citation
Nekrošius V. Ogranicheniia ius novorum v grazhdanskom protsesse Litvy [In Novum
Restriction in Lithuanian Civil Procedure Law]. Vestnik grazhdanskogo protsessa –
Herald of Civil Procedure, 2021, vol. 11, no. 5, pp. 260–275. (In Russ.) https://doi.
org/10.24031/2226-0781-2021-11-5-260-275
V. NEKROŠIUS
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