Litigation and procedure

Legal aid

The provisional exemption from fees and costs granted to those unable to afford litigation, so they can pursue their rights.

All terms

Legal aid provisionally exempts persons wholly or partly unable to meet litigation costs from fees and expenses, provided their claim is not manifestly unfounded. It safeguards access to justice against economic barriers.

The request is made to the court where the case will be filed, with documents evidencing the applicant's means. If granted, fees and the cost advance are covered by the state, and exemption from security may follow where needed. Deferred costs of an aided party who loses are in principle collected from them afterwards, though the court may allow instalments or waive collection entirely.

The assignment of a free lawyer is a separate legal-aid mechanism run by the bar associations, to which persons without means may apply for counsel. Together the two mechanisms make it possible to overcome both court costs and attorney-fee barriers.

Statutory basis

  • HMK m.334

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.