Italy · Giudice di Pace – lower-value civil claims
Giudice di Pace – lower-value civil claims — Italy
Format requirements for this court
| Court and track | Giudice di Pace – lower-value civil claims |
|---|---|
| Paper | A4 |
| Margins | 2.5 cm · 2.5 cm · 2.5 cm · 2.5 cm |
| Type | Times New Roman, 12 pt |
| Line spacing | 1.5 |
| Paragraph numbering | {n}. |
Legible type of at least 12 points. Smaller type is as a rule queried by the court registry.
Every format rule is listed with its source so you can check it yourself.
Giudice di Pace – lower-value civil claims
A document drafted in Italian on A4 paper, 2.5 cm margins, Times New Roman 12 pt, numbered paragraphs, a heading naming the court office and the parties, a signature at the foot and an index of numbered attachments. Before the Giudice di Pace a claim may also be made orally on the record (arts. 316 and 318 of the code of civil procedure) and the parties may appear in person within the limits set by arts. 82 and 316. File the original and one copy for each defendant, plus the documents.
EUR 10,000 — The Giudice di Pace has jurisdiction over claims relating to movable goods of a value not exceeding 10000 EUR; for claims for damage caused by the circulation of motor vehicles and vessels the limit is 25000 EUR (art. 7 of the code of civil procedure). Check the text in force before filing.
Every format rule is listed with its source so you can check it yourself.
- Codice di procedura civile, art. 7 (competenza del giudice di pace: 10000 EUR per i beni mobili e 25000 EUR per i danni da circolazione)
- Codice di procedura civile, art. 316 (procedimento davanti al giudice di pace)
- Codice di procedura civile, art. 318 (domanda proposta verbalmente davanti al giudice di pace)
- Codice di procedura civile, art. 82 (difesa personale delle parti)
Tribunale – higher-value civil claims
A statement of claim with the content required by art. 163 of the code of civil procedure: the court, the particulars of the parties, the subject of the claim, the facts, the conclusions and the evidence, together with the notice and the hearing date. Before the Tribunale a party appears through a difensore save for the statutory exceptions; check whether your case is one of them.
Every format rule is listed with its source so you can check it yourself.
Filing checklist - what to bring, in how many copies, and why documents get returned.
- One signed document, drafted entirely in Italian, with the heading, the parties, the numbered facts and the conclusions.
Every format rule is listed with its source so you can check it yourself.
- The original for the file and one copy for each defendant, plus the documents.
Every format rule is listed with its source so you can check it yourself.
- A handwritten signature at the foot, with your name in block letters, address and contact details.
Every format rule is listed with its source so you can check it yourself.
- An index of attachments numbered continuously from 1 with the same numbering on each copy.
Every format rule is listed with its source so you can check it yourself.
- Check the value of the claim and the competent judge: the Giudice di Pace up to 10000 EUR and up to 25000 EUR for damage caused by road vehicles (art. 7).
Every format rule is listed with its source so you can check it yourself.
- Check whether you may appear in person (art. 82 of the code of civil procedure) or need a difensore, and whether the claim may be made orally before the Giudice di Pace (art. 318).
Every format rule is listed with its source so you can check it yourself.
- Unified fee: work out the amount due from the value of the claim and pay it on filing, or lodge an application for legal aid at the State's expense.
Modello di istanza di ammissione al patrocinio a spese dello Stato
Every format rule is listed with its source so you can check it yourself.
- Check that the document and any authority are in Italian and attach a translation of any foreign-language document.
Every format rule is listed with its source so you can check it yourself.
- Check the duties and the procedure for electronic filing with the competent court office.
Every format rule is listed with its source so you can check it yourself.
- Keep a complete copy of the file and the filing receipt, including the electronic one.
Every format rule is listed with its source so you can check it yourself.
Why filings get sent back
- The document is not signed. Documents of the parties must be signed by the party or the difensore; without a signature the registry cannot accept it and time limits are not observed.
Every format rule is listed with its source so you can check it yourself.
- The document is filed with a judge who is not competent as to value or territory. Value is determined under arts. 7 and 9 of the code of civil procedure and territorial competence follows the defendant's address; if necessary the judge declares that he or she has no jurisdiction.
Every format rule is listed with its source so you can check it yourself.
- The documents are filed without a numbered index. Attachments must be listed with continuous numbering and the same name on every copy, otherwise the judge cannot refer to a specific attachment.
Every format rule is listed with its source so you can check it yourself.
- The respondent's address is missing or incomplete. Without an address for service the document cannot be brought to the other party's knowledge.
Every format rule is listed with its source so you can check it yourself.
- The document or an attachment is drafted in a foreign language. Italian is prescribed throughout the proceedings (art. 122 of the code of civil procedure); documents in a foreign language must be filed with a translation, sworn where they are produced as evidence.
Every format rule is listed with its source so you can check it yourself.
- An application was used instead of a statement of claim or the other way round. Before the Tribunale the initiating document is as a rule the statement of claim with the content required by art. 163 of the code of civil procedure; before the Giudice di Pace the claim may also be made orally on the record (arts. 316 and 318).
Every format rule is listed with its source so you can check it yourself.
- The presentation makes the document hard to use: barely legible writing, type that is too small, no margins or unnumbered paragraphs. The registry and the judge must be able to cite paragraphs by number.
Every format rule is listed with its source so you can check it yourself.
The language you read here and the language of the documents are set separately.
Document language: Italiano. This is set by the court, not by the language you are reading now.
- Italiano (Required)
The use of Italian is prescribed throughout the proceedings (art. 122 of the code of civil procedure). The document set is therefore drafted in Italian whatever the interface language; a document in a foreign language must be filed with a translation, and a sworn translation is required where the document is produced as evidence.
Every format rule is listed with its source so you can check it yourself.
Disclosure: what this document set is and is not
This pack was assembled by a document preparation tool that organises the facts you supplied and aligns page format to the published requirements of the court office named above. The person or company that produced it is not a lawyer and does not act as your representative before any court. No legal advice is given, no assistance or representation relationship is created, and no assessment is made of which provision applies to your case or of how strong your position is. You remain responsible for the contents of every document you file, for meeting every time limit, and for obtaining professional help where you need it. The source of every format rule is listed in the filing checklist.
I have read this disclosure and understand that this pack is a format and fact-organisation aid, not legal advice, and that no attorney has reviewed my documents.
Every format rule is listed with its source so you can check it yourself.
Confirm you understand: citations are not verified
The system does not check whether a citation is real. You are responsible for checking each one in the official database: Normattiva (normattiva.it) e la banca dati giurisprudenziale della Corte di cassazione (Italgiure).
Normattiva (normattiva.it) e la banca dati giurisprudenziale della Corte di cassazione (Italgiure)
Check this reference yourself: that it exists, that it is still in force, and that no later amendment or decision has changed it.
Every format rule is listed with its source so you can check it yourself.
Every format rule is listed with its source so you can check it yourself.
- Codice di procedura civile, art. 7 (competenza del giudice di pace: 10000 EUR per i beni mobili e 25000 EUR per i danni da circolazione)
- Codice di procedura civile, art. 9 (competenza del tribunale)
- Codice di procedura civile, art. 82 (difesa personale delle parti)
- Codice di procedura civile, art. 121 (libertà di forme degli atti)
- Codice di procedura civile, art. 122 (lingua degli atti: uso della lingua italiana)
- Codice di procedura civile, art. 125 (contenuto e sottoscrizione degli atti di parte)
- Codice di procedura civile, art. 163 (contenuto dell'atto di citazione)
- Codice di procedura civile, art. 316 (procedimento davanti al giudice di pace)
- Codice di procedura civile, art. 318 (domanda proposta verbalmente davanti al giudice di pace)
- Normattiva, banca dati della legislazione vigente (normattiva.it)
- Ministero della Giustizia, portale dei servizi e dei moduli (giustizia.it)
- Italgiure, banca dati giurisprudenziale della Corte di cassazione
- Corte di cassazione, sito istituzionale