The reform of the Italian Code of Civil Procedure – A practical outline of the final phase of the civil first-instance proceedings after the so-called Cartabia Reform (Legislative Decree Oct. 10, 2022, No. 149).
- First hearing (art. 183 c.p.c.): in case of failure of the attempt at conciliation, the Judge:
- if the requirements under Art. 281-decies c.p.c. are met, orders the applicability of the simplified procedure (Art. 183-bis c.p.c.);
- if requested by a party, accepts or rejects the claim (Art. 183-ter and 183-quater c.p.c. );
- decides on the evidence-taking requests and schedules the subsequent hearings (Art. 183 c.p.c.);
- if the case is ready for decision without the need to take evidence, refers the case to the Panel for judgment (Art. 187 c.p.c.);
- Hearing of remittal of the case for decision (art. 281-quinquies, c. 1, c.p.c.): when the case is ready for decision, the Judge sets the final hearing and assigns to the parties the deadlines of 60, 30 and 15 days prior that hearing for filing the final defensive briefs (art. 189 c.p.c.);
- Hearing of remittal of the case for decision (art. 281-quinquies, c. 2, c.p.c.): when the case is ready for decision and one of the parties requests it, the Judge sets the final hearing for the oral discussion and assigns only the deadlines of 60 and 30 days prior to the hearing for filing the final defensive briefs;
- Hearing for the specification of conclusions and oral discussion (article 281-sexies c.p.c.): the Judge, once the parties have specified their conclusions, may order the oral discussion of the case at the same hearing (or at a later one at the request of a party).
