In cases in which to appoint a lawyer is not compulsory, the parties themselves can claim for themselves or be represented by pupil barristers or solicitors.
The appointment of a lawyer is mandatory:
a) In cases of competence of courts with jurisdiction, in which it is permissible ordinary appeal;
b) In cases where it is always admissible, irrespective of the amount;
c) in actions and causes proposed in the higher courts.
Although it is mandatory to appoint a lawyer, trainee lawyers, solicitors and the parties themselves may make applications in which they do not raise points of law.
In cases in which, although not obligatory to appoint a lawyer, the parties have not established legal representative, the examination of witnesses is conducted by the judge, leaving still to this procedure to suit specific circumstances.
The parties have to be represented by counsel, lawyer, trainee lawyer or solicitor in executing higher than the province of the 1st instance court and have to be represented by a lawyer in runs higher than the scope of the relationship and in the equal to or less than this amount, but higher than the province of the 1st instance court, when it has nowhere procedure to follow the terms of declarative process.
If you do not mind the representative constitution, and he is not sponsored, procedural acts mentioned above can be submitted to court by one of the following:
a) delivery in the court registry, valid as of the date practice of the procedural act to the respective delivery;
b) Delivery by mail by registered mail, valid as of the date practice of procedural document the effectiveness of the respective registered post;
c) Dispatch by fax, using as date of dispatch of the procedural act practice.
See also the plug "Computerized Treatment".
In judicial acts is used Portuguese.
When there are to be heard, foreigners can, however, express themselves in another language, if they do not know Portuguese, shall be appointed an interpreter when necessary, to under oath of allegiance, to establish communication.
When you offer documents written in a foreign language that require translation, the judge, ex officio or at the request of either party, orders the presenter to join.
The Justices of the Peace, the cause may be presented verbally. In this case, the employee must reduce it to writing.
The procedural steps that must be performed in writing by the parties are presented to court by electronic transmission of data through the computer system Citius, in http://citius.tribunaisnet.mj.pt/ email address, in accordance with the procedures and instructions there constant, valid as of the date practice of the procedural act to the respective expedition.
The part that practice the procedural act in this way must submit by electronic transmission of data to serve the document and the documents that must follow, exempting remitting the respective original, unless the judge directs, in accordance with procedure law.
In the case of cause that does not require a representative constitution, and he is not sponsored, see answer to the previous question.
With regard to the order for payment procedures, see the respective data sheet.
See also the "computerized treatment" form.
There are specific forms to begin the order procedures, enforcement procedures and processes that run in the Justices of the Peace when, in the latter case, has not chosen to present the question verbally.
Please refer, in this respect, on this page, the forms on "Order for Payment Procedure", "Enforcement of judgments" and "Alternative Means of Dispute Resolution".
Declarative action is introduced in court, through the application, in which the author must:
- Designate the court and respective court in which the action is proposed and identify the parties, indicating their names, places of residence or offices and, where possible, civil identification numbers and tax identification, professions and workplaces;
- State the professional domicile of the legal representative
- the way the process;
- Exposing the essential facts constituting the cause of action and the reasons of law which form the basis for action;
- formulate the request;
- State the amount of the claim;
- Designate the enforcement agent in charge of performing the service or the legal representative responsible for its promotion.
- At the end of the petition, the author should submit the list of witnesses and request other evidence.
- The author must attach to the application the proof of prior payment of the due court fee or the granting of legal aid benefit in dispensing mode of it
The department refuses receipt of the application, indicating in writing the grounds of rejection in any of the following facts:
- Do not address or is addressed to another court, the judgment of the same court or authority;
- Omit the identification of the parties and identifying elements that it must necessarily include (names, places of residence or offices and, where possible, civil identification numbers and tax identification, professions and workplaces);
- Do not enter the business address of the legal representative;
- Not indicate the form of the process;
- Omit the indication of the amount of the claim;
- Has not been proven prior payment of the due court fee or the granting of legal aid, except in the legally prescribed cases of urgent quotation.
- Are not signed;
- Are not written in Portuguese;
- The paper used does not comply with regulatory requirements.
