Civil procedure is the ordinary route for the judicial resolution of disputes between individuals, companies, or between the two, governed by the Code of Civil Procedure, approved by Law No. 41/2013 of 26 June. Knowing the stages of the process, the applicable time limits and the options available at each moment is relevant both for those who bring an action and for those who are sued. This article forms part of the Litigation area of Araújo & Associados.
Ordinary declaratory action – stages of the process
Most civil disputes follow the form of ordinary proceedings (processo comum), the main stages of which are as follows:
- Statement of claim – the claimant files the pleading setting out the facts and the law on which the claim is based, and formulates the specific relief sought, pursuant to Article 552 of the Code of Civil Procedure;
- Service on the defendant – the court notifies the defendant of the action, informing them of the proceedings and of the time limit they have to defend themselves;
- Defence – the defendant has, as a rule, 30 days from service to submit their defence, pursuant to Article 569 of the Code of Civil Procedure, and may deny the facts alleged by the claimant and raise objections;
- Preliminary hearing – the procedural stage at which the judge may seek conciliation between the parties, discuss objections, and define the subject matter of the dispute and the evidentiary themes to be proved at trial;
- Trial and judgment – once the final hearing has been held, where necessary, the court gives judgment, deciding the dispute.
Interim measures – urgent and provisional protection of rights
Where there is a well-founded fear that, before or during the action, a right will suffer serious and hard-to-repair harm, the law provides for the possibility of applying for interim measures (providências cautelares), which are urgent court measures aimed at safeguarding the useful effect of the main action. Interim measures may be specific, where the law provides a regime of its own for a particular situation, or general, applicable residually to situations not covered by a specific regime. Because of their urgent nature, they follow a faster procedure than the main action for which they are intended.
Alternative dispute resolution
Before or during court proceedings, the parties may also have recourse to alternative dispute resolution methods, such as mediation, governed by Law No. 29/2013 of 19 April, which allows the parties, with the help of a mediator, to try to reach an agreement that puts an end to the dispute, with greater flexibility and, as a rule, lower cost and duration than court proceedings. Arbitration is another relevant alternative route, described in more detail in the article Arbitration or court – which route is more suitable.
Appeals against court decisions
A judgment given at first instance may, as a rule, be appealed by way of apelação to the competent Court of Appeal (Tribunal da Relação), and, in certain conditions relating to the value of the claim and the nature of the question in dispute, by way of revista to the Supreme Court of Justice. The admissibility of each appeal depends on its own requirements, in particular as regards the value of the claim and the extent to which the appellant has lost, which must be assessed case by case before any decision to appeal.
Court costs
Bringing and conducting a court action involves payment of court costs, calculated according to the value of the claim, pursuant to the Procedural Costs Regulation. As a rule, the losing party is ordered to pay the costs, in proportion to the extent to which each party has lost, without prejudice to specific regimes, such as legal aid, applicable to those who demonstrate insufficient means.
Civil procedure and other related matters
Once a favourable decision has been obtained, its compulsory enforcement, if the losing party does not comply voluntarily, follows a separate procedural stage, described in the article Enforcement of judgments in Portugal – how to recover what you are owed. In disputes with public bodies, a procedural regime distinct from ordinary civil procedure applies, described in the article Public disputes – administrative litigation in Portugal.
About Araújo & Associados
Established in 1980, with offices in Porto and Lisbon, Araújo & Associados represents clients in civil and commercial actions before the Portuguese courts, in Portuguese, English, French, German and Spanish.
Frequently asked questions about civil procedure
How long do I have to defend an action after being served?
As a rule, 30 days from service, pursuant to Article 569 of the Code of Civil Procedure, without prejudice to any extra time limits that may apply depending on the circumstances of service.
What happens if I do not defend within the time limit?
Failure to defend may result in the facts alleged by the claimant being deemed admitted, depending on the specific circumstances of the case, so it is important not to let the time limit pass without taking a position on the action.
Can I apply for an interim measure before bringing the main action?
Yes, interim measures may be applied for before the main action is brought, on which they remain dependent, or during it, whenever there is a well-founded fear of serious and hard-to-repair harm to a right.
Who pays the court costs of a case?
As a rule, the losing party is ordered to pay the costs, in proportion to the extent to which each party has lost, without prejudice to specific regimes, such as legal aid for those who demonstrate insufficient means. Regardless of this, the progress of the case depends on prior payment of a court fee, which works as an advance on payment of the procedural costs.
Can I always appeal against a first-instance decision?
Not necessarily. The admissibility of an appeal depends on its own requirements, in particular those relating to the value of the claim.
Does mediation replace court proceedings?
Not necessarily, but it is an alternative or complementary route that can be used before or during court proceedings, with the aim of the parties reaching an agreement without the need for a court decision on the merits of the dispute.
Contact us
For more information on civil procedure, or to book a legal consultation, you can contact us through our Porto or Lisbon offices, by telephone, email or via the form on the website. We provide legal advice in Portuguese, English, French, German and Spanish.