11 March, 2022
The Division of Case-law and Research the Supreme Court has prepared a summary of Senate’s case law, which includes the findings of the Department of Civil Cases regarding the division of the burden of proof in claims arising from various grounds.
The rulings of the Senate contained in the summary were adopted between 2017 and 2021, as well as there are some earlier rulings.
The findings of the Senate are arranged according to articles of law to which they mainly apply. The provisions of the Civil Procedure Law, and in particular Section 93, contain findings which set out the general principles concerning the burden of proof.
The Civil Procedure Law stipulates that the court shall establish the circumstances of the case by examining the evidence obtained in accordance with the procedures prescribed by law. In civil proceedings, the parties exercise their procedural rights in the form of an adversary procedure. Section 93 of the Law stipulates that each party must prove the facts on which it bases its claims or objections. The claimant must prove the merits of his/her claims. The defendant must prove the merits of his/her objections.
Summary “Division of the burden of proof in civil matters. 2017–2021”is available on the website of the Supreme Court in the section Case-law/ Compilations of Case-law/ Civil law
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
E-mail: email@example.com, telephone: +371 67020396, +371 286522