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Civil «online» proceedings according to recent Italian regulation 1.

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Presentation on theme: "Civil «online» proceedings according to recent Italian regulation 1."— Presentation transcript:

1 Civil «online» proceedings according to recent Italian regulation 1

2 Civil «online» proceedings Principles thought and developed in order to – speed up the duration of civil Court cases – facilitate the work of judges and lawyers – save time (and money) by handling the various phases of a civil proceedings by your own personal computer Steps studied in 2006, first tests in selected “pilot-Courts” (as Milano and Monza) in 2008/2009, fully operative and mandatory for civil matters (not criminal nor administrative) in 2014 in all Italian Courts for the first stage of the proceedings and appeal stage 2

3 Civil «online» proceedings Tools required i.certified electronic mailbox (so-called “PEC”) ii.a simple USB key with a specific software for the certification of the electronic signature iii.free application (so-called “Consolle Avvocato”) that allows lawyers to send the digital documents, signed digitally by them, directly to the Court 3

4 Civil «online» proceedings Procedure -the lawyer writes his/her defences in a classic “.doc” format, transforms them in “.pdf” format with a free download “PDFCreator” programme -after the above-mentioned “.pdf” is ready, the lawyer signs it with the tools mentioned in the previous slide -the signed document is sent to the Court utilizing the “Consolle Avvocato” application -such document, along with its attachments (in.pdf) is read directly by the Judge -the Judge communicates his/her provisions (orders, judgments, decisions etc.) utilizing exactly the same measures: the lawyer receives them through either the certified electronic mailbox and the “Consolle Avvocato” application 4

5 Civil «online» proceedings and insolvency law Receiver and lawyers use the «online» procedure for most of the documents concerning a bankruptcy proceedings. The main ones are: documents and defenses concerning the procedure for the declaration of bankruptcy appeal against the judgment containing a bankruptcy decree administrative acts and communications of the trustee motion to be placed on the list of creditors appeal against the order concerning the placement of a credit Also documents and defenses in the Preventive Agreement with Creditors are mostly made with the «online» proceedings 5

6 Civil «online» proceedings Advantages -simplification: the only trial activities for which a “physical” presence in Court of the lawyer is required remain the hearings -possibility to file the defences until midnight of the deadline: the lawyer thus can avoid the closing times of the Court offices (usually 12,00 or 13,00) -the lawyer can visualize and download the counterpart defences and documents directly from his/her personal computer -time saving: no travelling to the Court in order to file your defences and/or collect the counterpart defences and documents -cost saving: no copies and fixed tax for stamps etc. 6

7 Civil «online» proceedings Disadvantages -possibility of system malfunctions for updating or technical inconveniences 7

8 Civil «online» proceedings Disadvantages -possibility of system malfunctions for updating or technical inconveniences 8

9 Civil «online» proceedings 9

10 THANK YOU FOR YOUR ATTENTION Giorgio Corno Avvocato - Solicitor (admitted, England and Wales) Studio Corno – Avvocati Via Mameli 11 - 20851 Lissone (MB) - Milano - Italia tel. +39 039 2456792 - fax +39 039 2458018 e-mail: legale@studiocorno.itlegale@studiocorno.it web: www.studiocornoavvocati.com www.studiocorno.it-www.studiocornoavvocati.comwww.studiocorno.it- 10


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