MACAU SAR, CHINA Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida and Daniel de Senna Fernandes, Riquito Advogados
4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
court will summon the defendant again if irregularities are found. If the court considers the defendant duly summoned, the facts alleged by the plaintiff will be considered admitted by the defendant (with certain limitations) and the action will proceed for submission of the final arguments and judgment. 3.7 Representative or Collective Actions Associations or foundations (the purposes of which relate to the interests in dispute), the public pros- ecutor’s office, and any citizen entitled to civic and political rights, are permitted to initiate lawsuits for protection of the following collective or representative interests: • quality of living; • cultural heritage; • the public domain; • the protection of goods and their consumption; and • services provision. All of these entities are equally able to initiate these actions. 3.8 Requirements for Cost Estimate Court fees and costs can be estimated in advance by lawyers, depending on the nature and expected complexity of the proceedings. At the request of clients, lawyers will also provide an estimate of their fees, the calculation of which is sub- ject to multiple factors, such as: • the time spent; • the complexity of the case; • the importance of the services provided; • the financial situation of the interested party; • the results obtained; and • the general practice of the lawyers. • public health; • environment;
Pending proceedings, parties may request interim relief measures, and they may also submit an array of specified or unspecified requests to the court, depending on the particulars of the case. These include requests: • to submit further evidence; • to claim against the decision on the facts estab- lished and not established before trial; • to dismiss certain requests of the other party; • to seek the annulment of certain procedural actions; and • to request the intervention of other entities as par- ties to the proceedings. Certain remedies are available, such as the suspen- sion or the obstruction of a judge in the case, or the request for the declaration of the other party, or its legal representative, as a mala fides party. 4.2 Early Judgment Applications Upon receiving the written submissions, the court may immediately make an award based on the merits of the case, if it considers the information and evidence available up to that stage may allow it to decide with- out further trial. 4.3 Dispositive Motions Please refer to 4.2 Early Judgment Applications . Furthermore, a party may submit an application for the early termination of the proceedings: • if they come to a standstill for three years due to either party’s negligence in carrying out the required actions; or • if, by virtue of certain ulterior facts or circumstanc- es, the proceedings are no longer useful to the parties. 4.4 Requirements for Interested Parties to Join a Lawsuit If certain requirements are met, interested parties besides the plaintiffs or defendants are allowed to join
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