Changes to Service of Process and Procedural Notifications

The Impact of Decree-Law No. 87/2024 on the Portuguese Justice System

The Decree-Law No. 87/2024of 7 November introduced significant changes to the procedures for service of process and notifications in legal proceedings, with the aim of modernising and digitising court proceedings in Portugal.

Main Changes:

1. Electronic Service of Process and Notification:

• Legal persons: Service of process and notifications will now, as a rule, be carried out electronically, through a free-of-charge reserved area. Legal persons are notified electronically, and service is deemed to have been effected on the date of electronic access or, failing that, after eight days from being made available in the reserved area.
• Natural persons: The option to opt in to electronic service is available, as an alternative to service by post. If the electronic service is not accessed within 30 days, service is effected by a bailiff.

2. Time Limits:

• Electronic service is deemed to have been effected on the date of electronic access or, failing that, after eight days from being made available in the reserved area. This mechanism is intended to ensure that the recipient is informed of service in good time, even if they do not access it immediately.

3. Removal of Outdated Methods:

• The decree-law removes the use of outdated means of communication, such as fax and telegram, bringing court communications into line with current technological realities.

4. Legislative Harmonisation:

• The rules on service and notifications set out in the Code of Civil Procedure, the Insolvency and Corporate Recovery Code, the Code of Procedure in Administrative Courts and the Labour Procedure Code are harmonised, removing the need to list by ministerial order the public entities that may receive service and communications electronically.

Practical Implications:

• Lawyers and Court Practitioners: They must adapt to the new rules on electronic service and notification, ensuring regular monitoring of reserved areas and the correct calculation of procedural time limits.
• Training and Updates: It is essential that legal professionals stay up to date with these changes, taking part in training and consulting official sources to avoid procedural non-compliance.

These changes are intended to streamline court proceedings, reduce bureaucracy and adapt the justice system to new technologies, promoting greater efficiency and speed in proceedings.