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Litigation
grounds of the case.
After receiving the claim, the judge will summon the defendant and will set a date for a mediation hearing that shall occur within 60 days.
In the event that the parties do not reach an agreement in the mediation hearing, the defendant will have 15 business days to present its defense. Note that the defendant may also file a counterclaim against the plaintiff, as a part of its defense.
Subsequently, the judge will order the plaintiff to present its reply to such defense within 15 business days.
3.2 Injunction
Under the Brazilian Civil Procedure Code, the parties are allowed
to request injunctions during
the proceeding or prior to its commencement.
If an injunction is requested, the
judge may summon the other party to present counterarguments or directly render an “ex parte” a decision granting or denying the injunction order. This decision can be challenged through an Interlocutory Appeal within 15 business days.
3.3 Evidentiary Stage
After the submission of the reply by the defendant, the evidentiary stage of the proceeding is initiated, and the
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