ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
In certain cases, typically when the facts are not chal- lenged, the claim is based on documentary evidence, and/or the collection of evidence is not required, the court may opt for “simplified proceedings” to expedite the process. 7.2 Case Management Hearings The court must excise all powers aimed at the most prompt and fair course of the proceedings. The oral hearing, even if previously scheduled, may be replaced by the filing of written notes, containing only motions and pleadings, if it does not require the presence of parties other than counsel, the parties, the prosecutor and the court assistants. In the same cases, the oral hearing may be replaced by the filing of written notes if all constituted parties so request. 7.3 Jury Trials in Civil Cases In Italy, jury trials are not available in civil cases. 7.4 Rules That Govern Admission of Evidence The deadline to submit requests for evidence to the court (eg, new documents, witness evidence, techni- cal expertise) is the second brief to be filed 20 days before the date of the first hearing (please see 7.1 Trial Proceedings ). If the evidence appears to be admissible based on the statutory parameters, and relevant (eg, useful to ascertain the truth about the facts of the case), the court shall admit the evidence by order. Further admission requirements are provided with respect to each single means of evidence. For exam- ple, rules on witness evidence provide that whoever has an interest in the case that entitles him/her to join the trial may not testify. 7.5 Expert Testimony The parties can avail themselves of the support of experts. These experts are not generally called to testify, but prepare written reports which are filed in court by the relevant party.
While these reports are not considered formal evi- dence, they serve as technical arguments supporting the party’s claims or defences. When appropriate, the court may, at its discre- tion, appoint court-appointed experts, which serve as assistants to the judge. These experts conduct investigations as directed by the court and provide necessary clarifications to the judge. Generally, court- appointed experts are selected from individuals regis- tered in specialised professional registers. When the court appoints such an expert, each party is entitled to engage their own experts to provide additional per- spectives. 7.6 Extent to Which Hearings Are Open to the Public Civil hearings are generally not open to the public, except for the hearing dedicated to the discussion of the case. Even in such instances, the court may decide to hold the hearing in private to safeguard security, public order, or morality. During each hear- ing, the clerk, under the judge’s supervision, records the minutes. The hearing is directed by the judge. The judge’s pow- er to direct the hearing is part of the broader power to direct the whole proceedings. Such direction is both formal and substantial. Formal direction The direction is formal because it concerns powers relating to the management of each phase of the trial (such as carrying out preliminary verifications, setting hearings, imposing deadlines, taking evidence, and 7.7 Level of Intervention by a Judge The Judge’s Power to Direct the Hearing
issuing the judgment). Substantial direction
The direction is substantial as the judge has supple- mentary powers in determining the subject matter of the trial, pursuing the settlement of the case, gathering evidence and taking evidence on his/her own initia- tive.
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