Portugal
Answer ... Disclosure as a mechanism that enables one party to require another party to produce documents or testimony at the pre-trial stage is not available in Portugal.
Portugal
Answer ... Under the general rules of the Civil Procedure Code, in the context of an ongoing case, a party may request the court to order third parties to submit into evidence documents in their possession, provided that it can identify the relevant documents and specify the facts it seeks to prove with such documents. Additionally, all persons are under a general duty to cooperate with the court, which may include disclosing documents or other evidence that is requested by the court in order to clarify the facts in dispute. Any refusal to provide the documents may be freely assessed by the court for proof purposes and/or to reverse the burden of proof. This refusal may also result in the imposition of fines against the non-compliant party.
Portugal
Answer ... In principle, any document that potentially proves the alleged facts can be exhibited. However, there are exceptions for documents covered by lawyer-client privilege. If documents relate, directly or indirectly, to facts that are subject to secrecy, they are immediately covered by lawyer-client privilege and cannot be disclosed.
Specifically, lawyers must maintain lawyer-client privilege regarding all facts that come to their knowledge in the course of their professional work.
If documents subject to secrecy are exhibited, they are null and cannot be considered.
However, exceptions are set out in the Statute of the Portuguese Bar Association which allow such documents to be filed. Lawyers can disclose facts that are covered by lawyer-client privilege if this is absolutely necessary to defend the dignity, rights and legitimate interests of the lawyers or of the client or its representatives (with prior authorisation from the Portuguese Bar Association).
Confidential correspondence between lawyers cannot be exhibited under any circumstances, even if disclosure of the facts is essential.
Lawyer-lawyer and lawyer-client correspondence is privileged. Banking information and documents are also confidential and cannot be disclosed without the account holder’s authorisation or a court order. State or lawyer-client privilege and grounds of invasion into private correspondence or telecommunications may also prevent disclosure.
Lawyer-client privilege extends to in-house counsel. In what concerns the professional secrecy of the work product or work-related knowledge of a lawyer admitted to the Portuguese Bar Association, there is no difference in treatment between in-house professionals and external lawyers.
Portugal
Answer ... Technological advances have not affected the disclosure process.
Portugal
Answer ... In general, a party is not obliged to provide all available evidence – specifically, evidence that is harmful to its position. However, there is a specific document disclosure procedure. The court, upon application or on its own initiative, can order any party or third party to produce specific documents that are considered useful to evaluating the claim (eg, technical reports, plans, photography, drawings, objects or other documents that are necessary to ascertain the truth regarding the merits of the case). Failure to produce specific documents so ordered is punishable by a fine and may lead to adverse inferences, such as the presumption that the allegations made by the requesting party regarding the other party are true.