When you need to serve legal papers in Portugal, it is crucial to understand the country’s legal system and the specific requirements for process service. Portugal has a civil law legal system, which is part of the continental family legal system. This comprehensive guide will provide you with the necessary information to successfully serve legal papers in Portugal, covering both domestic process service and service under the Hague Service Convention. Click here for for information on Complete breakdown of the Hague Service Convention Articles.
Portugal has a hierarchical court structure for civil cases, with the District Court (Tribunal Judicial de Comarca) at the lowest level, followed by the Appellate Court (Tribunal do Relaço), and the Supreme Court of Justice (Tribunal de Justiça Superior) at the highest level. The District Courts have the broadest jurisdiction and are responsible for determining the findings of fact and law in the cases brought before them. Click here for information on the Code of Civil Procedure in Portugal.
Portugal is a semi-presidential representative democratic republic, with sovereignty divided among the President of the Republic, Government, Assembly of Republic, and Courts. The President is elected for a five-year term and has executive functions, while the Assembly of the Republic is a single-chamber parliament with 230 deputies elected for four-year terms. The Government consists of ministers and secretaries of state, with the current Prime Minister being António Costa.
To serve legal papers in Portugal, it is essential to understand the domestic process service requirements outlined in the Portuguese Civil Procedure Code. Process service is used to notify a party (defendant, respondent, or party against whom enforcement is sought) that an action has been initiated against them and to summon them to testify for the first time.
The Civil Procedure Code specifies the information that must be included in the served documents, based on who is being served, the facts being communicated, and the purpose of the service. When serving legal papers in Portugal, a copy of the initial application initiating the proceedings and copies of the accompanying documents must be delivered to the defendant (Article 227(1) of the Code of Civil Procedure).
Process service in Portugal can be carried out by bailiffs, enforcement officials, or the legal representative of one of the parties, depending on the circumstances of the case. In non-contentious processes handled by the Civil Registrar, civil registrars may also serve documents in family and juvenile matters.
In Portugal, legal papers can be served by mail, with the postal service typically delivering regular letters rather than legal documents. According to Article 37 of the Postal Act, postal consignments are considered successfully served if they are delivered to the person to whom the message is addressed, except in cases of poste restante delivery.
When serving legal papers in Portugal by mail, it is important to obtain proof of service in the form of an acknowledgment of receipt. This acknowledgment, usually a form accompanying the consignment, serves as evidence that the package was delivered and the date of delivery. If a person claims that a document was served on a different date, they must provide proof to support their claim.
When serving legal papers in Portugal from another country, the Hague Service Convention, a multilateral treaty signed on November 15, 1965, comes into play. The Convention aims to simplify the process of serving court documents on defendants in other countries, ensuring that the service is reliable and effective. Click here for information on How The Central Authority Works in Portugal: Navigating The Hague Service Convention.
Under the Hague Service Convention, each contracting state designates a Central Authority responsible for receiving and processing requests for service from other member states. In Portugal, the Central Authority sends the documents to the appropriate court or entity in the region where the recipient resides to complete the service.
The Convention allows for several methods of service, including service by mail, service through diplomatic or consular agents, and service through judicial officers or other competent persons. However, member states may object to these alternative methods of service, so it is essential to check whether Portugal has made any objections before attempting service through these means.
When serving legal papers in Portugal under the Hague Service Convention, documents must be translated into Portuguese and accompanied by a summary and any annexes. The Central Authority typically takes four to twelve months to complete the service process. If the plaintiffs have not received a certificate of service or delivery from the Central Authority after six months, the Convention provides them with a remedy, allowing the court to render a decision if a reasonable amount of time has passed.
When serving legal papers in Portugal, there are several practical considerations to keep in mind:
The international judicial cooperation unit of the Directorate-General for the Administration of Justice in Portugal plays a vital role in assisting with the service of legal papers. This unit provides information to transmitting agencies and helps resolve any issues that may arise during the service of process.
It is important to note that each international judicial cooperation agreement has its own specific requirements for service methods, languages, fees, and formats. The unit can provide guidance on these requirements, ensuring that the service of legal papers in Portugal is carried out in compliance with the applicable conventions and regulations. Click here for information on How To Overcome Language Barriers in Process Service.
Serving legal papers in Portugal requires a clear understanding of the country’s legal system, domestic process service requirements, and the procedures under the Hague Service Convention. By following the guidelines outlined in this comprehensive guide and seeking assistance from the international judicial cooperation unit when necessary, you can successfully serve legal papers in Portugal and ensure that your legal proceedings move forward smoothly.
Remember to pay close attention to language requirements, costs, timeframes, and proof of service when serving legal papers in Portugal. By doing so, you can avoid potential delays or complications and protect your legal interests effectively.
As global legal matters continue to increase in complexity, having a solid grasp of the process for serving legal papers in Portugal is more important than ever. By staying informed and working with experienced professionals, you can navigate the challenges of international process service and achieve successful outcomes in your legal endeavors.
Written by: Undisputed Legal Inc.
“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A
Sources
1. In addition to the Socialist Party and the Social Democratic Party, the Unitary Democratic Coalition (Portuguese Communist Party and Ecologist Party “The Greens”), the Left Bloc, and the Democratic and Social Centre–Party, People’s which each garner between 5 and 15 percent of the vote on a regular basis, make up the rest of the political parties.
2. Article 219(2) of the Code of Civil Procedure uses the word “notificaço” to refer to notifying someone of something, such as a summons or a fact.
3. A. Information that the person has been invited to participate in the proceedings concerned;
B. Indication of the court, division, and section in which the proceedings are being heard, the deadline for submitting evidence; and
The following details have to be sent to the appropriate parties:
Art. 220(1) of the Code of Civil Procedure;
4. Notaries may serve and notify documents in probate procedures (Article 2(1) and (3) of the Rules regulating notary inventories issued in the appendix to Law No 117/2019 of September 13th, 2019). Attorneys, solicitors, and enforcement officials have the authority to notify tenants even before a lawsuit is filed (Article 9(7(b) of the New Rented Property Law – NRAU) (Novo Regime do Arrendamento Urbano).
5. Articles 5(1) and 7 of the Decree-Law establishing the procedures for the jurisdiction of Public Prosecutors and Civil Registration
6. the addressee: a. to their letterbox, except for registered items; b. to a post office if the addressee was not present at the address specified on the postal consignment, postal order, or agreement for postal services at the time the postal consignment was delivered or if the postal consignment cannot be delivered via a letterbox; c. to a location agreed upon by the addressee and the postal operator; 2. the addressee’s legal representative or attorney
7. Under Article 142 of the Code, the person who receives a document signs it to show that they have seen it and received it at the time it was received. If that person can’t or won’t sign, the server tells them the date of service and why they can’t or won’t do so. An acknowledgment of receipt is written by the person who served the document. The date of service is written on the document served, and he or she signs it.
8. U.S. Embassy Lisbon
Av. das Forças Armadas, Sete-Rios
1600-081 Lisbon
Portugal
Telephone: +(351) (21) 770-2122
Emergency After-Hours Telephone: +(351) (21)-770-2122 or +(351) (21) 727-3300
Fax: +(351) (21) 727-2354
Email: conslisbon@state.gov
Consulates
U.S. Consulate Ponta Delgada
Av. Príncipe do Mónaco No, 6-2 F
9500-237 Ponta Delgada, Açores
Portugal
Telephone: +(351) (296) 308-330
EmergencyAfter-Hours Telephone: +(351) (21) 727-3300
Fax: +(351) (296) 287-216
Email: ConsPontaDelgada@state.gov
New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 601 Pennsylvania Avenue, N.W. Suite 900, Washington DC 20004
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“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A