Each party is responsible for proving the facts on which its claims or its defence are based. The claimant must substantiate his or her claims and the defendant must substantiate his or her defence.
Evidence is submitted by the parties to a case and other participants in the case. Where it is not possible for the parties or other participants to submit evidence, on their reasoned request the court may call for evidence.
Where the court acknowledges that a fact is universally recognised no evidence is required.
Furthermore, facts established as a result of a valid ruling in a given civil case do not need to be proved repeatedly when hearing other civil cases involving the same parties.
A ruling in a criminal case is only binding on a court hearing a case concerning the civil liabilities of the person to whom the criminal ruling applies in respect of the occurrence of the criminal act or failure to act and whether it was perpetrated or permitted by the same person.
Facts that are regarded as established pursuant to legislation do not need to be proved. Such an assumption may be disputed under general procedures.
A party does not have to prove facts which have not been disputed by the opposite party under the Act on Civil Procedures.
A court's assessment of evidence is founded on integrally, fully and objectively verified evidence evaluated during court sessions in accordance with legal awareness based on the rules of logic, scientific conclusions and observations gained from experience. In its ruling the court must explain why a certain piece of evidence was given priority over another and why it considered that certain facts were proved but others were not.
The Act on Civil Procedures lays down that the parties are responsible for submitting evidence, but the Act provides for certain cases where the court may request evidence on its own initiative (for instance where adjudication involves a child's interests). If the court considers that no evidence has been submitted in respect of certain facts on which one of the parties is basing its claims or its defence, the parties are informed of this and where necessary a period of time is fixed for the provision of such evidence.
Written and material evidence is submitted to the court by the parties to the case. Where a party makes reference to oral evidence the court invites the witnesses indicated by the parties to a court session to hear their testimonies.
The court only allows evidence provided for under legislation and of relevance to the case. The court can refuse to accept evidence submitted later than seven days before the court hearing, unless the judge has laid down a different period within which evidence must be submitted. During adjudication of a case evidence may be submitted on the reasoned request of a party to the case or a participant in the case where this does not hinder the hearing, if the court has accepted the reasons for the failure to submit evidence on time, or where the evidence relates to facts which have emerged during the course of the hearing.
Witness statements based on information of an unknown source or information provided by other persons where such persons have not been questioned cannot be used as evidence.
There is no substantial difference since testimonials provided by experts are evidence and written statements by experts are also considered evidence.
No evidence has a predetermined significance as far as the court is concerned, but in its ruling the court must explain why a certain piece of evidence was given priority over another and why it considered that certain facts were proved but others were not.
Yes. Facts which according to legislation can be proved only through certain means of evidence cannot be proved using any other means of evidence.
A witness who has been summoned to court cannot refuse to provide evidence except where specified under legislation.
A witness who is at least 14 years old and refuses to give evidence for reasons which are considered invalid by the court or who intentionally gives false evidence is subject to the provisions of the Criminal Code.
Where a witness fails to appear in court after receiving a summons from the court or from a judge and cannot justify this failure to appear, the court is entitled to impose a fine of up to LVL 40 or to enforce a court appearance.
Persons summoned as a witnesses must appear in court and must provide honest testimonies relating to circumstances known to them. Witnesses must respond to questions posed by the court and case participants. The court can question a witness in situ if the witness is unable to appear in court as summoned for reasons of illness, old-age or disability, or for other valid reasons. The specific procedure for questioning witnesses by videoconference is not laid down in legislation.
The fact that evidence has not been obtained legally must be proved by the party disputing the piece of evidence in question. This party must bring a separate action to dispute the evidence. A party to the case may also submit a reasoned application claiming that written evidence has been forged. The person submitting this claim can ask the court to exclude the evidence in question and notify the public prosecutor about the forgery. The court can engage a specialist or request further proof to verify an application relating to forged written evidence. However, if the court finds that the participant has brought the dispute without justification it can impose a fine.
Statements by the parties and third persons that include information about facts on which their claims or defence are based are considered evidence where these are confirmed by means of other evidence examined and assessed in court. Where one party acknowledges facts on which the contesting party is basing its claims or defence the court can recognise these fact as proven if it is in no doubt that this acknowledgement is not the result of fraud, violence, threats or deceit or that it is not being used to conceal the truth.Top
Last update: 19-10-2007