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August 16, 2025Open Access

Civil Procedure as a Way of Thinking

Key Points

Judicial mindset limits the application of Lithuania's Civil Procedure Code, hindering procedural innovation and effectiveness.
After nearly 30 years, judges still struggle to integrate Western legal traditions into their procedural approach.
The article analyzes the historical influence of Soviet-era civil procedure on current judicial perspectives.
Shifting judicial thinking could enhance the implementation of the Civil Procedure Code in Lithuania.

Abstract

The article explores the critical role of the judicial mindset in applying Lithuania’s Civil Procedure Code (CPC). It addresses why, nearly 30 years after the CPC’s adoption, specific procedural innovations from Western legal traditions remain underutilised. A key factor is that judges’ perspectives on procedural law have not fully evolved, with some still influenced by Soviet-era civil procedure paradigms. The article also outlines strategies to accelerate shifts in judicial thinking for more effective implementation of the CPC.

Civil Procedure as a Way of Thinking

Key Points

Abstract

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