In the administrative court, the burden of proving that decisions or actions of state institutions were correct is on state authorities.
This also means that you cannot be asked to prove or to give to the court information that the state institutions should have. In general, every party should prove its claims. However, depending on your case the burden of proof might differ. You should also remember that the court has the right to exact the evidence you cannot get.
In an administrative case, you have the right to submit as much evidence as you can gather, granted that your opponent is the State. It is important to remember that the court can only accept evidence which is obtained lawfully and which is important, and thus relevant, for the case.
Types of evidence
There are many types of evidence, which you can use: written documents, video, audio and other data files, witness statements, the statements of an expert or other competent institution, and physical evidence. Each type of evidence must be submitted according to the procedure described in the Law on Administrative Proceedings.
Permissible evidence
According to Lithuanian law, all evidence submitted to the court must be lawfully obtained, that is, according to the procedures prescribed by law. If certain evidence has been obtained in violation of your rights (such as the right to private life or secrecy of correspondence) it will not automatically make the proceedings unfair. If certain evidence has been gathered in violation of procedural rules, it can be used in court only if such a violation is minor and could not have affected the reliability or truthfulness of the evidence. In any case, the use of evidence obtained by torture or inhumane treatment (for example, by hitting someone or threatening them) is not permissible and will violate your right to a fair trial.
Witnesses
You can ask the court to invite a witness to give a statement about the circumstances or facts that are relevant to your case. The court does not have to invite all the witnesses you have proposed. However, if the court refuses to call your witness, it has to give sufficient reasons for such refusal.
How to complain
A refusal to accept evidence cannot be appealed separately, but if you consider that the court has made a mistake by refusing to accept your evidence or call your witness, you must make that argument in your submission to the court of appeal.