ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
7.4 Rules That Govern Admission of Evidence The deadline to submit requests for evidence to the court (eg, new documents, witness evi- dence, technical 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 example, 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 tes- tify, but prepare written reports which are filed in court by the relevant party. While these reports are not considered formal evidence, 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 registered in specialised profes- sional registers. When the court appoints such an expert, each party is entitled to engage their own experts to provide additional perspectives.
7.6 Extent to Which Hearings Are Open to the Public Civil hearings are generally not open to the pub- lic, except for the hearing dedicated to the dis- cussion 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 hearing, the clerk, under the judge’s supervision, records the minutes. 7.7 Level of Intervention by a Judge The Judge’s Power to Direct the Hearing The hearing is directed by the judge. The judge’s power 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 pow- ers relating to the management of each phase of the trial (such as carrying out preliminary veri- fications, setting hearings, imposing deadlines, taking evidence, and issuing the judgment). Substantial direction The direction is substantial as the judge has sup- plementary powers in determining the subject matter of the trial, pursuing the settlement of the case, gathering evidence and taking evidence on his/her own initiative. The Decision Phase The judgment is filed by the court within 60 days (30 days in certain cases) after the hearing for submission of the case to the decision phase. Each party may ask for the oral discussion of the case; in this case, the court may issue the judg- ment at the end of the hearing set for discussion.
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