Requisição
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 257 |
Page 257
s.f. (lat requisitione)
s.c.: acto ou efeito de requisitar; pedido; reclamação.
A prática de actos processuais que exijam intervenção dos serviços judiciários pode ser requisitada a outros tribunais ou autoridades por carta precatória ou rogatória, empregando-se a carta precatória quando a realização do acto seja solicitado a um tribunal ou a um cônsul português e a carta rogatória quando o seja a autoridade estrangeira.
O tribunal pode, por sua iniciativa ou a requerimento de qualquer das partes, requisitar informações, pareceres técnicos, plantas, fotografias, desenhos, objectos ou outros documentos necessários ao esclarecimento da verdade.
A requisição pode ser feita aos organismos oficiais, às partes ou a terceiros.
As partes e terceiros que não cumpram a requisição incorrem em multa, salvo se justificarem o seu procedimento, sem prejuízo dos meios coercitivos destinados ao cumprimento da requisição.
As despesas a que der lugar a requisição entram em regra de custas, sendo logo abonadas aos organismos oficiais e a terceiros pela parte que tiver sugerido a diligência ou por aquela a quem a diligência aproveitar.
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