PORTUGAL Law and Practice Contributed by: José Luís da Cruz Vilaça and Mariana Tavares, Antas da Cunha Ecija
vance, specificity and proportionality. In pre-litigation situations, claimants must also establish a plausible basis for their claims. All document production requests are subject to judi - cial scrutiny and are conducted under adversarial principles, ensuring that the opposing party has the opportunity to respond, particularly regarding the scope, necessity and proportionality of the request. The court determines appropriate timelines for com - pliance, considering the nature and volume of the requested documents and generally accommodating reasonable limitations proposed by the parties. More - over, courts have the discretion to order the produc - tion of documents or information on their own initiative at any stage of the proceedings. 6.2 Legal Professional Privilege Any facts, documents or information obtained in vio - lation of attorney-client privilege are inadmissible as evidence in court proceedings. Communications and documents exchanged between lawyers and their cli - ents are protected from seizure by the court. 6.3 Leniency and Settlement Agreements Portuguese courts are prohibited under the Pri - vate Damages Act from ordering the disclosure of documents containing statements made to secure full immunity or fine reductions in competition pro - ceedings, as well as any proposals or admissions exchanged during settlement negotiations. In Portugal, the procedure for hearing witnesses in civil cases is governed by the Civil Procedure Code and includes several important features. Witnesses are usually heard during scheduled trial hearings, which focus on the presentation of testimonial and expert evidence, along with statements from the par - ties involved. First-instance cases are generally con - ducted before a single judge. Witnesses must possess the mental capacity to pro - vide testimony. Once a party designates a witness, that individual is generally obliged to appear and tes - 7. Witness and Expert Opinions 7.1 Witness Procedure
tify in court. Failure to do so may result in fines or, in certain circumstances, coercive measures such as detention. Certain individuals, including close relatives of the parties or those bound by professional or legal confi - dentiality, have a lawful right to refuse to testify. Tes - timony is usually delivered orally, either in person or via teleconference, although the court may on rare occasions permit written statements. Witnesses are subject to cross-examination by both parties in line with the adversarial nature of proceed - ings. Each party may nominate up to ten witnesses, though the court may authorise additional witnesses depending on the case’s complexity. The court evaluates witness evidence at its discretion, without strict evidentiary constraints. It is important to note that giving false testimony constitutes a criminal offence under Portuguese law. 7.2 Expert Witness Role and Procedure Expert evidence holds a crucial role in competition litigation in Portugal and is frequently relied upon in such cases. Courts generally accept expert testimony as a key tool for resolving complex factual and legal questions, encompassing both economic analyses and legal opinions from experts. Experts may be appointed either by the court or directly by the parties involved. Assessments can be conducted by a single expert or by a panel of three experts – each party typically appoints one expert, while the third is either mutually agreed upon or des - ignated by the judge. Prior to trial, experts are required to submit a written report that may reflect consensus or differing opin - ions. They may also be called to hearings to clarify or elaborate on their findings. Parties have the right to challenge expert reports if they find them unclear or insufficiently reasoned and may request the appoint - ment of a second expert to provide an additional opinion, which serves as a complement rather than a replacement.
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