- Início
- Livros E Revistas
- A Contestação Na Perícia Judicial. Técnicas de Argumentação E Persuasão
- Sumário
A Prova Pericial
Autor | José Fiker |
Ocupação do Autor | Doutor em Semiótica e Linguística Geral (com enfâse em Laudos Periciais) pela USP |
Páginas | 21-22 |
Page 21
Na petição inicial, o autor, representado por seu advogado, expõe os fatos e os fundamentos jurídicos do pedido, com suas especificações e as provas com que pretende demonstrar a ver-dade dos fatos alegados.
O juiz verifica se a petição atende aos requisitos exigidos (CPC, arts. 282 e 283). Estando em termos, o juiz a despachará, ordenando a citação do réu para responder (CPC, art. 285). Feita a citação, geralmente por oficial de Justiça, o réu poderá oferecer, no prazo de 15 (quinze) dias, em petição escrita, dirigida ao juiz da causa, contestação, exceção e reconvenção. Sobre esses modos de defesa do réu, esclarece o Código em seus arts. 300 a 318.
Se o réu reconhecer o fato em que se fundou a ação, opondo-lhe outro modificativo ou extintivo do direito do autor, este deverá ser ouvido no prazo de 10 (dez) dias, com a produção de prova documental (CPC, art. 326).
Findo o prazo para a defesa do réu, o escrivão remeterá os autos (pasta onde são anexados todos os atos do processo, desde o seu início) ao juiz, que determinará, conforme o caso, as providências preliminares que constam dos arts. 324 e 327 do CPC. Cumpridas estas ou não havendo necessidade delas, o juiz poderá conhecer diretamente o pedido, proferindo sentença nas hipóteses...
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