MACAU SAR, CHINA Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida and Daniel de Senna Fernandes, Riquito Advogados
have the same rights of audience before any courts in Macau SAR. Trainee lawyers allowed to take part in judicial pro- ceedings are admitted to represent the parties in pro- ceedings when legal representation is not mandatory, in criminal proceedings and with regard to specific issues where no points of law are raised. When legal representation is not mandatory, the par- ties can represent themselves or be represented by a trainee lawyer. According to Macau SAR procedural rules, the pro- ceedings’ relevant party shall be responsible for the payment of court fees and expenses, and the transfer of payment liability for court costs and expenses is not foreseen. As such, neither a specific regime for third-party funding, nor a legal entity as a third-party funder is provided for in law. However, payment may be settled by other individuals or entities on the last day for voluntary payment. Enforcement of unpaid court bills shall be brought against the responsible party. The above does not hinder out-of-court contractual arrangements with third parties in respect of the pay- ment of court bills, despite not being enforceable vis- à-vis the court. 2.2 Third-Party Funding: Lawsuits There are no provisions in the Macau SAR legal sys- tem regarding third-party funding of litigation and, consequently, any agreement on the matter will not be effective vis-à-vis the court. In other words, the court will always issue the bill to the name of one of the parties to the plea and will enforce the bill against that party only. The above does not prejudice the validity of out-of- court agreements between either party with third parties, but these will only be effective vis-à-vis such 2. Litigation Funding 2.1 Third-Party Litigation Funding
parties, not the court. However, it is not a common practice in Macau SAR. On the other hand, the law allows a third party to settle an outstanding court fees bill without the consent of the party responsible to it. In such cases, unless such payment was in bad faith, the third party is legally entitled to be reimbursed by the responsible party. 2.3 Third-Party Funding for Plaintiff and Defendant See 2.2 Third-Party Funding: Lawsuits . 2.4 Minimum and Maximum Amounts of Third-Party Funding See 2.2 Third-Party Funding: Lawsuits . 2.5 Types of Costs Considered Under Third- Party Funding There is no limit as to the nature of the costs that can be settled by a third party, when that payment is allowed (see 2.1 Third-Party Litigation Funding). 2.6 Contingency Fees Contingency fees are not applicable to the Macau SAR jurisdiction. 2.7 Time Limit for Obtaining Third-Party Funding Time limits are not applicable to the Macau SAR juris- diction.
3. Initiating a Lawsuit 3.1 Rules on Pre-Action Conduct
Pre-action conduct is not imposed by civil procedural rules unless required by statute, such as when a credi- tor seeks performance of a certain obligation (in which case the creditor must serve notification to the debtor before starting legal action), as it serves the purpose of converting a situation of delay into a case of non-
performance of an obligation. 3.2 Statutes of Limitations
The standard statute of limitation to start a civil suit in the Macau SAR is 15 years, but for certain specific
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