ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
Voluntary Joinder Any interested party may join proceedings between other parties in order to assert a claim against all or some of them that relates to the subject matter of, or is dependent upon, the cause of action in the pro- ceedings. The interested party may also intervene to support the arguments of other parties if they have an interest of their own in the case. The third party can join the proceedings by filing a statement of defence before the filing of the final briefs. Joinder Upon Request of One of the Parties The parties involved in the proceedings may request to sue a third person whom they consider to have a common interest in the case or who is liable for secur- ing the claims. Under penalty of forfeiture, the defendant wishing to sue the third party must do so in the statement of defence. On the other hand, the plaintiff may request the court’s authorisation to sue a third party if the need arises as a result of the defendant’s defence in the statement of defence. Joinder Upon the Court’s Order The court itself may order the inclusion of a third per- son in the proceedings if it determines that the case is sufficiently connected to that individual. The court can order the intervention of a third party at any stage of the proceedings. 4.5 Applications for Security for Defendant’s Costs The defendant cannot apply for an order that the plaintiff/claimant must pay a sum of money as secu- rity for the defendant’s costs. In ordinary proceedings, there is no security for the defendant’s legal costs. However, in interim proceedings, in the order granting or confirming the precautionary measure, the court may impose a security for damages on the applicant, having assessed all the circumstances.
payment, delivery or release, if the court deems that sufficient evidence has been presented. Injunction Proceeding The injunction proceeding is the special and summary proceeding by which the holder of a liquid, certain and collectable claim, based on written proof, may obtain, by submitting an application to court, an order (“ decree ingiuntivo ”) requiring the debtor to perform the obligation (of payment or delivery) within 40 days from the service, warning him/her that within the same period he/she may file an opposition (thus transform- ing the summary proceedings into ordinary proceed- ings) and that, in the absence of opposition, enforce- ment will take place. Orders Immediately Granting or Rejecting the Claim The Cartabia Reform has introduced the following orders. • Order granting the claim: In disputes concerning disposable rights, the court, on application by a party, may, during the proceedings of first instance, issue an order granting the claim, if the facts are proven and the opposing party’s defences appear manifestly ungrounded. The order is provisionally enforceable, but it can be appealed and does not acquire the force of res judicata. • Order rejecting the claim: In disputes relating to disposable rights, the court, on application by a party, may, during the proceedings of first instance and after the first hearing, issue an order dismiss- ing the application if it is manifestly unfounded or if the nullity of the summons has not been cured or the subject of the claim is absolutely uncertain. The order can be appealed and does not acquire the force of res judicata. 4.3 Dispositive Motions Please see 4.2 Early Judgment Applications . 4.4 Requirements for Interested Parties to Join a Lawsuit An interested party that is not the plaintiff/claimant or defendant may join a lawsuit in the following cases.
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