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Meet the Law | New Rules on Deadlines and Procedural Matters

Law 16/2020, May 29, 2020

From June 3, 2020, new rules will come into force regarding the deadlines and steps to be taken in proceedings and procedural matters before judicial courts, administrative and tax courts, the Constitutional Court, the Auditors Court, other jurisdictional entities, arbitration tribunals, the Public Prosecutor's Office, peace courts, alternative dispute resolution and tax enforcement, bodies.

What happens now to procedural deadlines?

The deadlines for non-urgent proceedings, which until now had been suspended, are no longer in place, with a few exceptions. It should be remembered that the deadlines' suspension for urgent cases was resumed since 07.04.2020.

Which deadlines will remain suspended?

The deadline suspension still applies to:
(i) The time limit for a debtor to file for insolvency.
(ii) The acts to be performed in collection or insolvency proceedings when the object of judicial delivery is a family home.
(iii) Eviction proceedings, special eviction procedures and proceedings for delivery of leased property, when the tenant, by virtue of the final judicial decision to be rendered, may be placed in a situation of fragility due to lack of own habitation or for another compelling social reason;
(iv) The periods of limitation and forfeiture in collection proceedings, insolvency proceedings, eviction and delivery of property leased;
(v) Limitation periods and forfeiture periods in respect of proceedings which cannot be carried out as indicated below.
What are the new rules for conducting trial hearings and other procedural matters that require the examination of witnesses?
These procedural matters are to be conducted in person, and in compliance with the maximum number of attendees and other safety, hygiene and health rules defined by the General Directorate of Health (Direção-Geral da Saúde).

And what if it is not possible to carry out these procedural matters in person?

If it is possible and appropriate to carry them out by means of remote communication, (i.e. the purposes of justice are not jeopardized), they shall be done through such means (e.g. teleconferencing, video calling or other equivalent).
However, statements of the accused, of witnesses, and/or parties must always be made before a court unless:
(i) the parties agree otherwise or;
(ii) the parties, their representatives or other intervening parties are proved to be over 70 years of age, immunocompromised or chronically ill, who, according to the guidelines of the health authority, should be considered to be at risk, in which case they may exercise their right of non-displacement and their inquiry or follow-up shall be carried out by means of remote communication from their legal or professional domicile.

What are the new rules for carrying out other procedural matters?

If it is not a trial hearing or any other procedural matter involving the examination of witnesses, the procedure is ought to be carried out remotely (e.g. conference call, video call or other equivalent means).

When it is not possible to carry out such procedure remotely, it may be carried out in person, respecting the maximum number of attendees and other safety, hygiene and health rules defined by the Directorate General of Health (Direção-Geral da Saúde).

However, the parties', their representatives' or other intervening parties' right not to commute from their legal or professional domicile, shall be safeguarded when they prove to be over 70 years of age, immunocompromised or suffering from a chronic disease which, according to the guidelines of the health authority, must be considered to be at risk. In this case, the procedural matter shall be carried out by means of remote communication from their legal or professional domicile.

Are there any specific rules for criminal proceedings?

Yes. In criminal proceedings, the accused is guaranteed to be present at the inquiry debate, and at the trial session when the accused or co-defendant's statements and the testimony of a witness are made.

I am unable to attend the scheduled procedural matter. Does the law protect my impediment?

Yes. The presentation of a statement issued by a health authority indicating the need for an isolation period due to possible risk of contagion from COVID-19 is considered grounds for the allegation of fair impediment, for the justification of non-attendance in proceedings or procedural matters, as well as its postponement.

The same statement is the basis for fair impediment to procedural matters that can be done remotely, when the subject does not have access to means of remote communication, or is incapacitated by infection of COVID-19 to attend.

What happens to statutes of limitation?

The statutes of limitation that resume under this law, are extended by the period of time in which they were suspended, without prejudice to what is specifically defined below regarding administrative periods.

What are the specificities for administrative deadlines?

The administrative deadlines whose expiration occurred during the Suspension Regime (until now established by article 7 of Law no. 1-A/2020), will be considered to expire on the 20th working day after the entry into force of this law (i.e. July 3, 2020).
Now, in the case of administrative deadlines that would expire after the entry into force of this Law, there are two solutions:
(a) Deadlines that expire between June 3 and the 20th working day after the entry into force of this law (July 3, 2020) shall be deemed to expire on the latter date.
(b) Deadlines that expire after the 20th working day after the entry into force of this law shall not benefit from the Suspension Regime, and are due on the original date.

It is important to recall that, as stated here, only the periods for the performance of acts by private parties were suspended, that is, the proceedings were not suspended.

These counting rules do not apply to the administrative phase deadlines in counterordinational proceedings.
It should also be stressed that, since April 7, 2020, the rule of suspension of deadlines in proceedings by private individuals was not applicable to the procedural deadlines contained in the Public Procurement Code.

This Law shall enter into force on June 3, 2020.

Authors

Portrait ofNuno Pena
Nuno Pena
Partner
Lisbon
Portrait ofGonçalo Guerra Tavares
Gonçalo Guerra Tavares
Partner
Lisbon
Portrait ofAndrea Baptista
Andrea Baptista
Senior Associate
Lisbon
Portrait ofDuarte Lebre de Freitas
Duarte Lebre de Freitas
Counsel
Lisbon
Portrait ofAntónio Magalhães e Menezes
António Magalhães e Menezes
Managing Associate
Lisbon
María Camila
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