PORTUGAL Law and Practice Contributed by: Rita Samoreno Gomes and Petra Carreira, PLMJ
• indicate the court with which the lawsuit is filed and identify the parties; • indicate the professional address of its coun- sel; • indicate the type of proceedings; • allege the essential facts constituting the cause of action and the legal grounds on which the action is based; • make a request to the court; • state the value of the claim; and • list the witnesses and produce other means of evidence. Documentary evidence, together with the power(s) of attorney, should be submitted with the initial complaint, without prejudice to the possibility of submitting those at a later stage in certain cases. The court may invite the plaintiff to perfect the initial complaint if it does not meet any legal requirements or if there are any shortcomings in the allegations of fact. If there are supervening facts that occur after the initial complaint is filed or of which the par- ties only become aware after their pleadings are filed, they may be brought to the attention of the court up to the conclusion of the trial at first instance. 3.5 Rules of Service There is no specific procedure for informing an adversary that it has been sued or will be sued. However, if the defendant is a lawyer, the Rules of the Bar Association require counsel for the plaintiff to inform the defendant that a court case will be brought against it. Process is served under the supervision of the court, which issues a formal notice to the defendant according to standard procedures,
by registered post, by the court clerk or by an enforcement officer. When the whereabouts of the defendant are unknown, or where attempts to locate the defendant’s address are unsuc- cessful, the court may decide to serve the claim by public notice. Service of defendants abroad is carried out under: • Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 Novem- ber 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast); • the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extraju- dicial Documents in Civil or Commercial Mat- ters (HCCH 1965 Service Convention); or • bilateral agreements, as applicable. On 10 November 2024, Decree-Law No 87/2024, dated 7 November, entered into force, establish- ing electronic service as the default system for companies in judicial proceedings, provided that there is a previous registration process for that purpose, while allowing individuals to also opt for this method. The aim is to modernise and expedite judicial proceedings through increased digitisation. This decree-law defines a new legal framework for electronic service, emphasising the need for digital access while harmonising rules across various legal codes. The decree also updates regulations concerning fax and telegram communications to align with current technological realities. There will be a six-month transitional period, and some provisions are pending further regulation.
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