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EmailPortugal Judicial Assistance
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF PORTUGAL IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC PORTUGUESE LAWS SHOULD BE ADDRESSED TO THE APPROPRIATE PORTUGUESE AUTHORITIES OR PORTUGUESE LEGAL COUNSEL.
PROVISO: This flyer seeks only to provide information; it is not an opinion on any aspect of U.S., foreign, or international law. The U.S. Department of State does not intend by the contents of this flyer to take a position on any aspect of any pending litigation.
APPLICABLE TREATIES OR OTHER AGREEMENTS
The Vienna Convention on Consular Relations, 21 UST 77; 596 UNTS 261; TIAS 6820 (Article 5).
Extradition Treaty between the United States of America and Portugal, with extension to all Territories, signed 5/7/08 and entered into force 11/14/08; 35 Stat. 2071.
The Council of Europe Convention on the Transfer of Sentenced Persons. Done at Strasbourg 3/21/83; entered into force 7/1/85, TIAS 10824.
The Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial matters done at the Hague on November 15, 1965. 28 U.S.C.A. (Appendix, following Rule 4 FRCvP); VIII Martindale-Hubbell Law Directory, Part VII; 20 U.S.T. 361; T.I.A.S. 6638; 658 U.N.T.S 163.
The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, (23 U.S.T. 2555; T.I.A.S. 7444; 847 UNTS 231; 28 U.S.C.A. 1782 (1975 Cum. Supp.); 28 U.S.C.A. 1781 (Supp. 1979); 8 I.L.M. 37 (1969); Martindale-Hubbell Law Directory, Vol. VII, Selected International Conventions).
The Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents (TIAS l0072; 527 UNTS 189; 20 Int''l Legal Materials 1405 -1419 (1981).)
Portugal and the United States are parties to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters (20 U.S.T. 361, T.I.A.S. 6638; 28 U.S.C.A. (Appendix following Rule 4 FRCvP); 16 I.L.M. 1339 (1977)). The Hague Service Convention provides for service by international registered mail, by agent and by formal request to the foreign central authority. (See Rule 4(f)(1) F.R.Cv. P.) For a detailed discussion of the operation of the Hague Service Convention, consult our flyer on the Convention . Service can be effected in Portugal under the Convention through the Portuguese Central Authority. A request for service by the Central Authority can be made by an attorney by submitting the documents to be served under cover of form USM-94, in duplicate to the Portuguese Central Authority. The Convention form (USM-94) is available at the office of any United States Marshal and is reprinted in the Martindale Hubbell Law Directory, Law Digest Volume, Selected International Conventions, after the text of the Hague Service Convention.
PORTUGUESE CENTRAL AUTHORITY:
| Direccao-Geral dos Servicos Judiciarios Ministerio de Justica Av. 5 de Outubro, 125 1050 Lisbon Portugal Tel. (011)(351)(1) 790-6200 |
TRANSLATIONS : The Portuguese Central Authority has informed the Hague Conference for Private International Law that all documents forwarded to them for service under the provisions of the Convention must be in duplicate and must be translated into Portuguese.
U.S. CENTRAL AUTHORITY: Office of International Judicial Assistance, Civil Division, Department of Justice, 1100 L St., N.W., Room 11006, Washington, D.C. 20530, tel: 202) 307-0983; fax: (202) 514-6584.
COSTS: There are no costs incurred in connection with service through the Portuguese Central Authority.
METHODS OF SERVICE: Article 5(b) - Personal Service: If personal service is required, strike out methods (a) and (c) on the Request for Service form (USM-94) and indicate method (b) on the form, noting that the documents should be served personally upon the person or company to be served.
COMPLETING THE USM-94 FORM: To obtain guidance on completing the USM-94 form, consult our general flyer on the Hague Service Convention available via our home page on the Internet or via our automated fax service.
TRANSMITTING THE COMPLETED REQUEST: The completed request form (in English), plus two English and two Portuguese versions of all documents to be served, should be mailed by requesting counsel as the "applicant" directly to the Portuguese Central Authority as provided by Article 3 of the Convention. See our flyer on the Hague Service Convention , for details regarding completion and transmittal of the forms and accompanying documents.
OTHER METHODS OF SERVICE: The Government of Portugal did not make any reservations with respect to service by mail or by agent (see below).
SERVICE BY MAIL: Portugal did not object to service by postal channels (Article 10(a)) when it acceded to the Hague Service Convention. Therefore, service may be effected by international registered mail (return receipt requested) or any of the overnight or rapid delivery services which provide a returned receipt as proof of service. Information regarding international registered mail is available through your local U.S. Post Office.
SERVICE BY AGENT: Portuguese Justice Ministry officials (court clerks and process servers) are the only persons authorized to effect service in Portugal. Attorneys are not empowered to do so. Any attempt to serve by agent (other than through the Portuguese Central Authority) is in violation of Portuguese domestic law.
TRANSLATIONS: The Portuguese Central Authority has informed the Department of State that documents sent to the Portuguese Central Authority for service must be translated into Portuguese. Documents being served by mail on a party in Portugal need not be translated into Portuguese unless a) the party being served refuses to accept the documents; or b) initially accepts but subsequently returns the documents with a statement requesting a Portuguese language version. Failure to provide a translation when serving by mail may prevent enforcement of any subsequent judgment in Portugal.
SERVICE IN CRIMINAL CASES: A Federal criminal subpoena may be served on U.S. citizens by an American Consular Officer abroad (28 U.S.C. 1783). Requests for service of criminal subpoenas should be addressed to CA/OCS/ACS/EUR, Department of State, Washington, D.C. 20520-4817. Requests should include two certified copies of the court order and subpoena, instructions pertaining to airline tickets and cash advances, as well as complete fiscal data. Service of state criminal subpoenas may be considered by the Department on a case-by-case basis. Contact CA/OCS/ACS/EUR for further information.
ENFORCEMENT OF JUDGMENTS: There is no bilateral treaty or multilateral international convention in force between the United States and any other country on reciprocal recognition and enforcement of judgments. Although there are many reasons for the absence of such agreements, a principal stumbling block appears to be the perception of many foreign states that U.S. money judgments are excessive according to their notions of liability. Moreover, foreign countries have objected to the extraterritorial jurisdiction asserted by courts in the United States. In consequence, absent a treaty, whether the courts of a foreign country would enforce a judgment issued by a court in the United States depends upon the internal laws of the foreign country and international comity.
PROVISO: When evidence sought is in a foreign country, it is necessary to observe not only applicable state or federal rules, but also the laws and regulations of the foreign country where the evidence is located. Procedures may vary in civil, criminal and administrative cases. Attempting to obtain evidence without following the requirements of the foreign country may result in the arrest, detention, deportation or imprisonment of participants, including American counsel.
DEPOSITIONS OF WILLING WITNESSES (U.S. CITIZENS): The Portuguese Central Authority has informed the Hague Conference for Private International Law that U.S. Consular Officers may take the voluntary deposition of a U.S. citizen willing witness. In each instance, the U.S. Consular Officer must submit a written request to the Director-General of the Judiciary Department of the Ministry of Justice requesting authorization to take the deposition. If a U.S. Government official or an attorney wishes to participate in the deposition, this must be included in the Consul''s written request to the Director-General. The Director-General is under no obligation to grant the request. It may take several weeks for the Embassy/Consulate to receive the Director-General''s response.
SCHEDULING A DEPOSITION AT THE U.S. EMBASSY: Services of the U.S. Consular Officer in connection with oral depositions or depositions on written questions must be scheduled in advance directly with the U.S. Embassy/Consulate. Contact the American Citizens Services section of the Consular Section of the U.S. Embassy/Consulate via phone or fax as provided below. If the services of a U.S. Consular Officer are required to administer oaths to the witnesses, stenographer and any interpreter outside the Embassy or Consulate, additional fees are charged for such services. Consult the Office of American Citizens Service''s general flyer Obtaining Evidence Abroad . See also "Consular Deposition Fees" below.
COURT REPORTERS/STENOGRAPHERS/TRANSLATORS: No commercial court reporter services exist in Portugal. However, commercial stenographer and interpreter services are available. Consult the U.S. Embassy/Consulate for additional information.
Country Clearance - Participation of Local, State or Federal Government Officials from the United States: Local, state, or federal government officials from the United States who are authorized by the Director-General to attend or participate in a deposition must also secure U.S. Embassy clearance for travel to Portugal. This can be obtained by contacting the Office of American Citizens Services. The request should be made at least two weeks prior to the taking of the deposition to allow the Embassy sufficient time to make a determination about the official travel.
CONSULAR DEPOSITION FEES: U.S. consular fees for the taking of depositions are set forth at Federal Register, January 30, 1998, Vol. 63, No. 20, pp. 5097-5103. They include the following:
| SERVICES | FEE | Item # |
| Non-Refundable Deposition Scheduling Fee2 hours consular time required for scheduling, communication with counsel, and local authorities as applicable. Additional 2 hour fee charged to reschedule. | $400.00 | 41 |
| Hourly Deposition Fee
Generally $200.00 (one hour consular time) x number of days payable in advance of taking of deposition. If further consular participation required, hourly rate charged accordingly, payable in advance. |
$200.00 | 41 |
| Notarial Service for Closing Certificate | $ 55.00 | 35 |
| Postage for Return of Transcript
Deposit payable in advance prior to taking of deposition based on consular officer''s estimate for usual costs. |
Actual Costs | |
| Packaging and Preparing Certification for Lengthy Deposition
One hour of consular time payable in advance of taking of deposition. |
$180.00 | 70 |
FEES FOR GOVERNMENT REQUESTS: No fees are charged for depositions at the request of U.S., state or local government officials (Schedule of Fees items 38(a) and (b).)
ESTIMATING TIME REQUIRED TO TAKE DEPOSITION: Notify the Embassy/Consulate of the estimated length of time necessary to take the deposition, allowing for the additional time required for translating questions and answers. Be aware that if the witnesses will be deposed in a foreign language, the use of interpreters will approximately double the time required.
PAYMENT OF FEES: Payment should be made by international money order or certified bank check payable to American Embassy Lisbon or American Consulate Ponta Delgada (corporate or personal checks not acceptable). Any unused portion from your deposit will be refunded. As federal regulations prohibit the performance of consular services in advance of payment of statutory consular fees, depositions cannot be convened until all the required funds have been deposited. Should the deposition require more time than anticipated, additional fees and expenses must be paid by requesting counsel before the completed deposition will be released by the U.S. Embassy or Consulate.
DEPOSITION OF WILLING WITNESSES (NON-U.S.CITIZENS): The Portuguese Central Authority has informed the Hague Conference for Private International Law that depositions in Portugal of Portuguese and third-country nationals may occur only in a Portuguese court proceeding. The attorney in the United States seeking assistance should send a Letter of Request, in English and Portuguese (two copies of each), directly to the Portuguese Central Authority. See Martindale-Hubbell Law Directory, selected International Conventions, vol. VII for the model letter of request.
This procedure is completely under the control of the Portuguese judiciary. If you wish to attend the hearing or request verbatim transcripts, you should include a statement to this effect in your Letter of Request. Specify that you be notified of date, time, and place of the hearing, and include your telephone and fax numbers and e-mail address to facilitate a reply. If you desire, you may also request permission to appear before the court to submit additional questions. The Portuguese Central Authority is under no obligation to accede to the request. If such permission is granted, all questions would be posed by the judge.
COMPULSION OF TESTIMONY, DOCUMENTARY OR PHYSICAL EVIDENCE: If compulsion of evidence is required in a civil, commercial, or administrative case (administrative cases considered by the Portuguese Central Authority on a case-by-case basis), the court in the United States should send a Letter of Request directly to the Portuguese Central Authority. See Martindale-Hubbell Law Directory, Selected International Conventions, Vol. VII, for the model letter of request form to compel evidence.
This procedure is completely under the control of the Portuguese judiciary. If you wish to attend the hearing or obtain verbatim transcripts, you should include a statement to this effect in your Letter of Request. Specify that you be notified of date, time, and place of the hearing, and include your telephone and fax numbers and e-mail address to facilitate a reply. If you desire, you may also request permission to appear before the court to submit additional questions. The Portuguese Central Authority is under no obligation to accede to the request. If such permission is granted, all questions would be posed by the judge. NOTE: Official U.S. Government travelers should refer to the Country Clearance section above.
PRE-TRIAL DISCOVERY OF DOCUMENTS: The Portuguese Central Authority has informed the Hague Conference for Private International Law that it will not grant requests for pre-trial discovery of documents (Article 23).
PORTUGUESE CENTRAL AUTHORITY:
| Direccao-Geral dos Servicos Judiciarios Ministerio da Justica Av. 5 de Outubro, 125 1050 Lisbon Portugal Tel. (011)(351)(1) 790-6200 or 790-6220 |
Translations: The Portuguese Central Authority has advised the Hague Conference on Private International Law that requests for compulsion of evidence under the provisions of the Convention must be submitted in duplicate and must be translated into Portuguese.
Transmittal of a Request: The request should be transmitted to the Portuguese Central Authority as explained in our general flyer on the operation of the Hague Evidence Convention .
CRIMINAL CASES: Requests for compulsion of evidence in criminal cases may be made in the form of a letter rogatory. See our general flyer regarding the Preparation of Letters Rogatory .
LISTS OF FOREIGN ATTORNEYS: Lists of Portuguese attorneys prepared by the U.S. Embassy in Lisbon and the Consulate in Ponta Delgada are available from the Office of American Citizens Services, directly from the U.S. Embassy or Consulate, or on the Embassy''s home page.
AUTHENTICATION OF DOCUMENTS: Portugal is a party to The Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents (TIAS l0072; 527 UNTS 189; 20 Int''l Legal Materials 1405 - 1419 (1981)). The competent authorities to issue certifications pursuant to the Convention, (known as "apostille" certificates) are the General Prosecutor of the Republic (Procurador General de Republica) and Prosecutors of the Republic at the Courts of Appeal (Procuradores da Republica junto dos Tribunals da Relacao).
See also our general flyer on the Hague Legalization Convention . See also the State Department Authentications Office home page.
U.S. EMBASSY/CONSULATE LOCATIONS:
U.S. Embassy Lisbon, Avenida das Forcas Armadas, 1600 Lisbon
Tel. (011)(351)(1) 727-3300; Fax (011)(351)(1) 726-9109.
U.S. Consulate Ponta Delgada, Avenida Infante D. Henrique, Sao Miguel, Azores
Tel. (011)(351)(96) 2822216; Fax. (011)(351)(96) 287216.
ADDITIONAL INFORMATION : The Office of American Citizens Services has available general information flyers on international judicial assistance . These topics include:
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Using the Internet: Many of our judicial assistance flyers are also available on the Internet via the Department of State, Bureau of Consular Affairs home page under Judicial Assistance . See also, the Department of State, Office of the Legal Adviser for Private International Law home page.
Treaty Databases on the Internet:
United States Department of State, Office of the Legal Adviser, Treaty Affairs, List of Treaties and Other International Agreements of the United States In Force: http://www.state.gov/www/global/legal_affairs/tifindex.html
United Nations (UN): Databases/Treaties
Council of Europe (COE): under Texts/TreatiesHague Conference on Private International Law :
Bilateral Studies in Private International Law Series, Parker School of Foreign and Comparative Law, Columbia University, Oceana Publications, 1958-1964 (Austria, Denmark, France, Germany, Greece, the Netherlands, Switzerland).
Juenger, Judicial Jurisdiction in the United States and in the European Communities: A Comparison, 82 Mich. L. Rev. 1195, 1204 (1984).
Smit, International Cooperation in Litigation: Europe, The Hague, Martinus Nijhoff, 1965.
Casad, Civil Judgment Recognition and the Integration of Multi-State Associations: Central America, the United States of America, and the European Economic Community (Lawrence, Kansas, The Regents Press of Kansas, 1981).
Croheim, Enforcing U.S. Judgments in Europe, in International Litigation 487 (ABA Section of International Law and Practice, 1989).
Schollenberger, International Commercial Arbitration in Europe, in 1A The Law of Transnational Business Transactions, ch. 19 (Ved. P. Nanda, ed., New York, Clark Boardman Callaghan 1992).
Von Mehren, Recognition and Enforcement of Sister-State Judgments: Reflections on General Theory and Current Practice in the European Economic Community and the United States, 81 Colum. L. Rev. 1044 (1981).
Woodward, Reciprocal Recognition and Enforcement of Civil Judgments in the United States, the United Kingdom and the European Economic Community, 8 N.C.J. Int''l L. & Com. Reg. 299 (1983).
ADDITIONAL QUESTIONS: If you have further questions, contact the Office of American Citizens Services, CA/OCS/ACS, Department of State, Room 48l7 N.S., Washington, D.C. 20520, tel: (202) 647-5226.
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