n May 26, 2009, Law No. 69 was passed with the new civil trial reform that adds to (and overlaps in some parts with) the one already initiated by Decree Law No. 35 of March 14, 2005 (converted with amendments into Law No. 80 of May 14, 2005).The aforementioned Law No. 69 was published on June 18, 2009 and came into effect on July 4, 2009.Among the novelties introduced by the reform and with which the legal practitioner is forced to deal on a daily basis are the new rules established for the admissibility of the appeal in the court of legitimacy and the introduction of a new summary process of cognition, as well as some interesting novelties in the area of preliminary investigation.In view of the importance of the reform, it was deemed appropriate to analyze in detail the new procedural rules by comparing them with the previous ones in order to grasp more easily the differences.The present work thus traces the following procedural stages:- introduction of the case and constitution of the parties (with the novelty represented by the new summary procedure of cognition);- handling of the case and attempt at conciliation;- evidentiary instruction (with the novelties introduced regarding testimonial evidence and technical advice).The procedural overview is completed with the analysis of the reform constituted by the gradual activation of the telematic process, with some references to the constitution and instruction in judgments for the protection of collective interests, in separation and divorce proceedings, in the judgment before the justice of the peace, in the judgment of labor, in appellate degrees and in the Supreme Court.The whole is accompanied by references of doctrine and case law (also in the CD-ROM) and imoreziosito by the indispensable formulary and synoptic table.
- Author: Nunzio Santi Di Paola
- Year of publication: 2010
- Publishing house: CEDAM