Acórdão nº 825/2000.L1-2 de Court of Appeal of Lisbon (Portugal), 10 de Dezembro de 2009
Magistrado Responsável | MARIA JOSÉ MOURO |
Data da Resolução | 10 de Dezembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: REVOGADA A DECISÃO Sumário: I - A tomada de posição pela parte em face de qualquer das circunstâncias que originem a falta de comparência de testemunha por si arrolada deverá ter lugar no prazo geral de 10 dias previsto no art. 153 do CPC (a não ser que circunstâncias específicas imponham um prazo menor). No caso concreto, visto que tendo sido dado conhecimento à parte da impossibilidade de notificação da testemunha nada por ela foi oportunamente requerido com vista à concretização da mesma, à secretaria deixou de caber qualquer actividade relacionada com a notificação; a parte, querendo que a testemunha fosse inquirida deveria apresentá-la quando da audiência.
II – Se numa das sessões da audiência de discussão e julgamento a A. referiu que prescindia das testemunhas por não as querer onerar com multa, haveria que considerar que ela apenas havia prescindido das testemunhas notificadas e não das que não o haviam sido – sendo esse o sentido que um declaratário normal deduziria (arts. 295 e 236 do CC, aplicáveis à declaração em causa), visto as testemunhas não notificadas não serem condenadas em multa.
III - Não tendo sido prescindido o depoimento de uma...
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