Court System In Latvia

The Latvian court system was established pursuant to the Constitution of Latvia dated 1920 and reinstated in 1993 as well as in accordance with the Law on Judicial Power effective since 1993.

The court system of the Republic of Latvia comprises district or city courts, regional courts and the Supreme Court. Since civil cases are heard before the first instance courts and each party has rights to appeal the judgment within the appeal procedure, the appellate instance resolves these cases anew. The functions of the first instance are carried out by the district or the city courts, but in some cases by the regional courts.

Namely, cases admissible before the regional court are those related to the disputes over ownership rights to the immovable property, claims exceeding LVL 150 000 or EUR 213 432; cases on the protection of patent rights, trademarks and geographical indications, cases on the insolvency and liquidation of credit institutions.

First instance courts resolve cases in the body of one judge. Recording of proceedings is done by the secretary of the court session. Cases are heard with both parties being present. The request on the mandatory presence of both parties is one of the main reasons for a case to be postponed several times due to which Latvian court system has become notorious. There exists an opinion that a trial may be delayed for an inexcusable period of time. Obviously, amendments and supplements to the Civil Procedure Law of Latvia (effective since January 1, 2003) have been introduced in order to eliminate the above defect. Probably one of the most remarkable changes is the Rule on Preliminary Sessions. Such a procedural stage is completely new in the civil procedure of Latvia.

Within the preliminary session the judge questions the parties about the essence of a case so that to define the subject matter and limits of the dispute, explains procedural rights and obligations as well as consequences of performance or a failure to perform procedural activities, decides upon participation of the state or municipal representatives and the prosecutor in the trials where the law provides for such a participation. The judge also explains on the settlement possibilities and, in case of necessity, determines a term for the particular procedural activities to be fulfilled. In the preliminary session the judge also appoints the date and time for the court session to be held and informs the present participants about it.

Since January 1, 2007 the Civil Procedure law provisions regarding presenting of evidences were supplemented by granting the potential claimant with the right to file application in the court to present evidences even before the action is brought to the court. Such application shall be reviewed within 10 days in a hearing where the potential parties of the case are invited. However, on urgent circumstances such application may be decided and satisfied also without presence of the parties and without calling a hearing. Such regulation allows examine witnesses, make expert examination or obtain other evidences according to the general civil procure norms before the claim is actually raised. If the applicant's request is satisfied to present evidences before the claim is raised, he/she is obliged to file...