Italian Lawyers online. The largest legal portal for Italian lawyers.


Writ of summons


The minimum terms to appear are established by art

The summons is an act of procedural law with which a subject, the actor, proposes an application to a courtIt is done in written form and it has the dual function of sue the defendant (called, in ius), to the which it is notified, and to ask officially to the court the protection of subjective legal situation (editio actionis). In the Italian legal system, a writ of summons, referred to in and governed by art. c, is the act which is ordinarily introduced in the civil process. The summons must be drafted in Italian language, and, except in the case that the part can stand in the judgment alone, written and signed by a lawyer qualified to defend the party before the court seised of the case. Before the courts below and, within certain limits, the importance of the dispute, the defence and representation in court may be also taken by a practising lawyer enabled to legal aid. The quote is an act typically and doubly recettizio, because it is addressed to two different parties, namely the defendant and the judge. It is brought to the knowledge of the first subject, via notification through a bailiff, the second is addressed by deposit in the registry of the note of registration of the case and of the defendant. The deposit at the registry of the files of the parties, constitutes a particular procedural step, which is called the constitution in the judgment. The actor is in the judgment, by filing the notice of entry role and the dossier containing the original of the summons, power of attorney and the documents offered in the communication (art. The defendant may become judgment by filing in the clerk's office his file, containing the response, the copy of the summons notificatagli, power of attorney and other documents that it offers in the communication (art.

relative to the nullity of the summons

The formal requirements of the statement of claim are set forth in art. of the code of civil procedure:"The summons must contain:) indication of the court before which the question is proposta) the name, surname, residence and tax code of the actor, the name, surname, fiscal code, residence or domicile, or residence of the defendant and of the persons who respectively represent or assist them. If the plaintiff or the defendant is a legal person, an association is not recognized, or a committee, the summons must contain the name or the company, with the indication of the organ or office that has representation in giudizio) the determination of what the object of the domanda) the exposure of the facts and of the law constituting the reasons for the demand, with the relative conclusioni) the specific indication of the evidence which the plaintiff intends to rely and, in particular, of the documents that offers in comunicazione) the name and surname of the prosecutor, and the indication of the power of attorney, if this has been already rilasciata) the indication of the day of the hearing of the summons"the Value of the case.

Indication of the pec, where and how you want to receive communications from the part of the chancelleries.

In order not to excessively expand the duration of the process and at the same time not to allow a vocatio in ius too much tactic for the defendant, or that it does not ensure his right of defense, the law establishes a number of free days, minimum, a plaintiff should grant to the other party in the fixing of the date of the first hearing for the appearance before the Court seised of the case.

-bis of the code of civil procedure, in a uniform manner, and are days free from the date of notification of that act to the defendant is resident in Italy and to free days, in the case in which the same resides abroad.

The above terms can be reduced by up to half for the cases in which there is urgent need to provide for, a specific instance of the actor and with the decree of the President of the Court seised of the case. In the case of a term to appear in excess of the minimum amount of time to appear, the defendant may, at its time, though not before, to ask that the hearing of first appearance of both relatively early, with a request to the President of the Court. This new time limit fixed by the President by decree, must be communicated to the plaintiff by the Registrar at least five days before the hearing so fixed. The notification of the summons serves to inform of the application to the person against whom it is offered. It is an activity carried out by the bailiff, on the request of the party, and it consists in the delivery of a copy of the deed to the recipient or other persons indicated by law, according to certain modes prescribed. This activity is certified by the bailiff in the acknowledgement of receipt attached to the original writ, that the same official delivery to the party who has requested the notification. in, has rewritten the art c. It is necessary to distinguish the vices of the vocatio in ius (the act by which is called the defendant), those of the exercise of the action.

The defects related to the vocatio in ius are those provided by the first three paragraphs of art.

(lack or are unsure of the names of the parties, the court, of the evidence, the date of the hearing or has been assigned a term to appear less than that required by law). The invalidity is detectable office if the defendant is not established (hypothesis created on the model of the art. relative to the nullity of the notification), the court orders a peremptory term, to proceed with the renewal if it is healthy, the defect retroactively (ex tunc). If the renewal is not done the process dies out. The nullity of the defects relating to the exercise of the action is expected by the last three paragraphs of art. (it is not determined what the subject of the application, lacking the facts or the elements of law in support of the application). The invalidity, as determined by judge, is remedied, if the defendant is integrating the application if the defendant does not constitute a renewal of the summons within the deadline given to the plaintiff by the court. The regularization in this case the effect is not retroactive (ex nunc). If the renewal or the integration does not occur, the process dies out. If the court, in the failure to establish the defendant fails to detect the vices of the vocatio in ius, there may be several consequences.