ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
Following the service of the summons by the plaintiff, which must indicate the date of the first hearing, within 70 days before such hear- ing the defendant must file his/her statement of defence. In the 15 days (the term is not mandatory) fol- lowing the filing of the defendant’s statement of defence, the court shall carry out certain pre- liminary controls and may either confirm or post- pone the date of the first hearing. Subsequently, the parties are entitled to file three additional written briefs: • The first brief must be submitted 40 days before the hearing. This document is used to present claims, objections, and defences that respond to the defendant’s counterclaims or objections. It also allows the parties to amend or clarify previously submitted claims and pleadings. At this stage, the plaintiff may request to involve third parties in the pro- ceedings if their involvement arises from the defendant’s defences. Typically, the plaintiff also responds to the defences, objections, or counterclaims raised by the defendant during this period. • The second brief, which is to be submitted 20 days before the hearing, addresses any new or amended claims and defences introduced by the opposing party. It is also used to raise new objections or defences in response to those claims. Importantly, this is the final opportunity for parties to submit requests for evidence, such as documents, witness testi- monies, or technical expertise. • The third brief, which is to be submitted ten days before the hearing, is aimed at replying to the new objections, if any, and filing the rebuttal evidence.
Both parties must attend the first hearing in per- son. Failure to appear without a valid reason may be taken into account by the court when mak- ing its decision. During this hearing, the judge is free to question the parties, seeking clarifica- tions about the facts and may even attempt to mediate a resolution to the dispute. The further steps (and timescale) mainly depend on the court decision on the taking of evidence. If evidence has to be taken, the court schedules the following hearings up to the final hearing. At this stage the procedure may involve witness/ expert examination at hearings in the presence of the parties’ counsel. Once the case is ready for resolution, the court sets a hearing for oral arguments and/or allows the parties to file final written briefs before issu- ing its final judgment. In certain cases, typically when the facts are not challenged, 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.
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