1. Evaluating the Dispute: Settlement or Litigation?

The initiation of a civil lawsuit in Italy starts with a careful legal and strategic evaluation. Before approaching the courts, parties are required to consider alternative dispute resolution mechanisms. These include:

• ✓ Assisted negotiation (negoziazione assistita) as provided by Law No. 162/2014;

• ✓ Mediation (mediazione) under Legislative Decree No. 28/2010.

In some cases, especially those involving family law or certain damage claims, these procedures are mandatory conditions for proceeding with litigation. They serve to reduce court congestion and encourage voluntary settlements. When these steps are unsuccessful or not legally required, the plaintiff may proceed to draft the legal action.

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2. The Summons: Atto di Citazione

The litigation process formally begins with the drafting of the summons (atto di citazione), which is filed in accordance with Article 163 of the Italian Code of Civil Procedure. This crucial document must clearly state:

• ✓ The court where the case is filed;

• ✓ The personal and legal details of the parties;

• ✓ A detailed narrative of the facts, with attached documentary evidence;

• ✓ The legal grounds of the claim;

• ✓ The value of the dispute, which affects procedural obligations and fees.

The summons must be precise and complete, or risk nullity under Articles 163–164 CPC. It is important for lawyers to collect and digitize all relevant documents from the beginning to streamline the later steps of electronic filing.

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3. Service of Process: How the Summons is Delivered

Once drafted, the summons must be formally notified to the defendant. This can be done via:

• ✓ Certified electronic mail (PEC), which requires a digitally signed notification statement and attachments;

• ✓ Traditional paper service, executed through UNEP officers, when PEC is not applicable.

In either method, strict procedural rules must be followed. If the plaintiff benefits from legal aid, proof of eligibility must be included, as the state may cover notification expenses.

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4. Filing the Case: Registration with the Court

After notification, the plaintiff has ten days to register the case at court (iscrizione a ruolo). This is completed electronically and includes:

• ✓ The digitally signed summons;

• ✓ Proof of service;

• ✓ Power of attorney;

• ✓ Payment receipts for the contributo unificato (court fee) and marca da bollo (stamp duty).

Filing creates a digital case file and assigns a case number (R.G.). The clerk reviews all documents and stores them digitally, forming the official file of the proceeding.

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5. Defendant’s Response: Entry into the Proceeding

The defendant has seventy days before the hearing to respond by filing a response brief (comparsa di costituzione e risposta). This must:

• ✓ Adress each point raised in the summons;

• ✓ Include any preliminary objections, counterclaims, or third-party notices;

• ✓ Be filed electronically, along with related documents.

A failure to respond appropriately may lead to default judgment (contumacia) if the judge confirms that the defendant was properly notified. In line with the Cartabia reform, responses must be clear, specific, and complete, or risk being dismissed as generic under Article 115 CPC.

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6. Judge’s Preliminary Review: Article 171-bis CPC

After both parties are registered, the judge conducts a preliminary assessment under Article 171-bis CPC. Within fifteen days from the defendant’s response deadline, the judge will:

• ✓ Verify jurisdiction and procedural regularity;

• ✓ Issue corrective orders if needed;

• ✓ Confirm or postpone the hearing date.

This stage ensures the process is orderly and gives parties the chance to address any procedural defects before the first hearing.

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7. Supplementary Briefs: Integrating Legal Arguments

If needed, parties may file three supplementary briefs under Article 171-ter CPC, depending on the complexity of the issues raised:

• ✓ 45 days before the hearing: to amend or extend claims and defences;

• ✓ 20 days before: to reply to new arguments and propose evidence;

• ✓ 10 days before: to submit rebuttal evidence.

These briefs must be filed exclusively through the telematic system, respecting strict deadlines calculated backward from the hearing date.

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8. First Hearing: Appearance and Dialogue Before the Judge

The first hearing is the moment when parties and their lawyers appear before the judge. Legal representatives:

• ✓ Present procedural and evidentiary requests;

• ✓ Contest or accept opponent’s arguments;

• ✓ May be encouraged by the judge to settle the case, in accordance with Article 185-bis CPC.

If the case is ready, the judge may schedule a final hearing to conclude the proceeding. Hearings can be held in person or remotely (Articles 127-bis and 127-ter CPC), depending on case circumstances.

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9. Digital Filing and Ethical Responsibilities

All acts in the introductory phase must be filed via Italy’s Telematic Civil Process (PCT). This requires:

• ✓ Use of digital signatures;

• ✓ Document formatting in PDF or XML;

• ✓ Filing through the Ministry of Justice platform.

Throughout the process, lawyers must adhere to the Italian Forensic Code of Ethics, which governs their professional duties, including client confidentiality, truthfulness in filings, and respect for the court and opposing counsel.