RELEASE AND DEFERMENT OF THE PAYMENT OF THE OFFICIAL FEE ON CIVIL CASES

  • 2010-10-27
  • Akvilė Bužinskaitė, Associate Lawyer

ECOVIS Miškinis, Kvainauskas ir partneriai advokatų kontora

Code of Civil Procedure of the Republic of Lithuania provides that the litigation expenses in civil cases consist of the official fee and any expenses connected whit hearing the case. Each statement of claim or application in cases with non  contentious proceedings shall require the payment of an official fee. The particular size of this official fee or it calculiation principles provides Code of  Civil Procedure of the Republic of Lithuania. But some times natural or legal persons does not have enough money to pay the determinate amount of the official fee and this factor limits their right to protect their interests into the court. However the Law provides some exception from the obligation to pay the official fee.

At first Code of Civil Procedure of the Republic of Lithuania determines situations when the persons in all cases are released from the obligation to pay the official fee. Code of Civil Procedure of the Republic of Lithuania provide foourten cases when persons are released from the payment of the official fee, for example employees in cases concerning all claims arising from the legal relationships of employment, plaintiffs in cases concerning the adjugment of support, plaintiffs in cases concerning compensation of property or non- property damages created by criminal activity, plaitinffs and parties filing property claims in bancruptcy or restructuring cases. This parties are released from the official fee not only for statements of claim, but also for statements of counterclaim, applications, appeals of jugdment, cassations appeals and petitions for reopening the proceeding.

(To be continue in next issue)