MACAU SAR, CHINA Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida, Bernice Kwok and Daniel de Senna Fernandes, Riquito Advogados
7.8 General Timeframes for Proceedings Although the Macau SAR’s Code of Civil Proce- dure provides for strict deadlines for filing plead- ings, performing procedural acts, and the like, there is no general timeframe for proceedings and their length may vary depending on a variety of internal and external factors, including: • the complexity of the subject matter; • the constancy of all those involved; and • the absence of interruptions, such as the hearing of intermediate appeals with suspen- sory effect. Notwithstanding a general deadline of 20 days to issue the final judgment, counted from the day of closing of arguments, this deadline is in general exceeded by the courts. The parties may choose to settle their differ- ences before the judge or out of court, in which case they must, however, communicate this agreement to the court and discontinue the proceedings. In any event, the judge needs to endorse the settlement by confirming each par- ty’s capacity to settle and whether the matter under discussion is available for settlement. 8.2 Settlement of Lawsuits and Confidentiality If a settlement is reached between the parties before the judge, as well as if its terms are com- municated to the judge for endorsement, they will become part of the proceedings and there- fore subject to the general rules and principles alluded to in 1.3 Court Filings and Proceedings and 7.6 Extent to Which Hearings are Open to the Public , regarding publicity. The parties may, 8. Settlement 8.1 Court Approval
Audio recording of testimonies may be request- ed by the parties, or ordered by the judge; how- ever, when such testimony is not made before the court, recording is mandatory. Minutes and recordings will be kept in the court file and access to it is generally granted to par- ties, lawyers and persons with a justified inter- est, without prejudice to limitations when access is deemed to violate an individual’s dignity and privacy, offend morality, or jeopardise the court’s final judgment. 7.7 Level of Intervention by a Judge Stemming from four centuries of Portuguese administration, the Macau SAR’s legal system is typically inquisitorial, with great emphasis being put by the Macau SAR’s Code of Civil Procedure on the court’s duty to provide for the harmoni- ous and prompt progress of the proceedings, from inception to completion. Besides assuring the legality of the parties’ procedural actions, the judge has the power to order actions that may be necessary to ensure the fulfilment of procedural requirements or to invite the parties to do so, as well as the power to perform or order actions that they deem necessary for the establishment of the relevant facts and for a fair trial and judg- ment. The judge has also the power to adjust certain rules of procedure, when they deem this to be adequate considering the particulars of the case. The judge is also in charge of presiding over hearings and trials, where they supervise all of the intervening parties’ actions, and ensure the compliance of rules and their legality so as to keep order, when and where necessary or con- venient.
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