PORTUGAL Law and Practice Contributed by: Rita Samoreno Gomes and Petra Carreira, PLMJ
of which they have first-hand knowledge. There is no limitation on the facts or matters on which witnesses testify, other than the relevance to the case and the knowledge of the facts. Some judges allow expert witnesses, especially when the case is highly complex and/or involves very technical issues. Expert Evidence and Testimony by Experts If the court requests an expert opinion, the par- ties may ask, or the court may order of its own motion, that the expert appear at the trial to pro- vide clarifications on the expert report. Statements by the Parties The parties (or their legal representatives, as applicable) may request the court to make oral statements on facts of which they have first- hand knowledge until the end of the taking of evidence in the final hearing. These oral state- ments by the parties may also be requested by the opposite party until the pre-trial hearing, or may take place by determination of the court (to obtain a confession). The facts must be indi- cated to the court in advance. These statements can be requested until closing arguments in the first instance. Once the taking of evidence has been com- pleted, the counsel for the parties deliver their closing statements. The final decision should be rendered within 30 days of the trial, but this time limit is only indica- tive and is often not complied with. The trial is recorded by the court’s recording system. 7.2 Case Management Hearings The legal process generally involves a pre-trial hearing, but it is not mandatory under Portu-
guese law. This hearing is typically a case man- agement hearing held between the court and counsel for the parties to establish the matters in dispute and those which will be the subject of evidence at trial. The court also attempts a settlement between the parties; if unsuccessful, it organises the next steps in the proceedings, including scheduling the trial. Procedural issues may be adjudicated at the pre-trial hearing, and the court may also decide on the merits of the case (either partially or fully) if it considers that the case is ready for such a decision. The pre-trial hearing is conducted orally, but counsel for the parties may submit written appli- cations. As a rule, the pre-trial hearing is recorded by the court’s own recording system, but the court can dispense with this upon prior agreement between the parties. 7.3 Jury Trials in Civil Cases Jury trials are not available in civil cases in Por- tugal. Jury trials are available in criminal cases for the most serious crimes, but they are very seldom used. 7.4 Rules That Govern Admission of Evidence During the trial, the parties will only be allowed to file documents that could not have been sub- mitted earlier and have become necessary as a result of a subsequent event, at the court’s discretion. Reports by legal counsel or academics, or other expert opinions, may be put forward at any time during the proceedings at first instance. 7.5 Expert Testimony Expert testimony is permitted at trial.
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