Litigation in Italy
Dimarco & Partners International Law Firm

Our Lawyers in Italy are specialized in litigation, disputes and arbitrations. We can represent the Client in Italy in front of all the italian courts in every grade of the judgment (first instance, appeal and in front of the Supreme Court). We can also represent our customers in cross border litigations in all the foreign countries, in Europe, Russia, America, Asia and Africa.
Our Law Firm  policy is to nominate an attorney in charge of the case and his substitute, another professionist with experience that is able to replace the first professionist in case of his absence and ensure the same quality of the services. This policy guarantee the Client to have always a personal referral for his case. The most important decisions, of course, are taken jointly by the two lawyers. Our lawyers can provide a professional and qualified service that allows the customer to be a competitive player in the market. We believe that the judicial phase is very delicate and that the lawyers should act methodically in litigation matters. Our modus operandi is the following one:

• Analysis of the financial situation of the italian debtor through investigative agencies, if required by the customer;

• The italian lawyers ask all the relevant documents to the Client to be analyzed.

• After a preliminary analysis, our italian lawyers prepare a written opinion: this phase is necessary to explain the customer which are the favourable points of the case and which are the less favourable, so they can recommend a transaction or alternatively the beginning of the litigation.

• Before starting the action, the lawyer drafts the deed for the proceeding that will be sent to the Client for his approval, requesting, if necessary, an integration of documents.
• Our lawyers start the material activities at the court.

   Below it is possible to find a description of the first grade civil procedure:
                                                                                                        CIVIL ORDINARY JUDGMENT:

1. the action starts with an "atto di citazione": it is the writ of summon of the first instance court trial. The attorneys describe all the facts, introduce all the documents and elements of the case. In this first deed are set the conclusions that the judge will take in consideration in his decision.
2. After the introduction phase there is a court hearing to permit the judge to check the accuracy of the notifications. In this stage the Judge will assign the terms for the investigation activities.
3. The investigation activities entail the drafting of 3 deeds: memoria 183 c.6 n.1, memoria 183 c.6 n.2 and memoria 183 c.6 n.3. The first one is to set definitively the conclusions, the second one is to produce all the evidences and the third one is to reply to the second memory of the counterpart.
4. After the analysis of the evidences, the judge sets a court hearing to discuss them and to decide which of them can be admitted in the process. In cases concerning specific and technical litigations, the judge is obliged to nominate an expert selected from the list of the court (CTU) that will evaluate the situation in his place (ex. for financial litigation an accountant, or for medical malpractice a doctor or a coroner). In this situation the Client will have to nominate an expert (CTP) to defend his rights. He will be coordinated by the lawyer.
5. After the investigation activities the lawyers will draft a deed called "precisazione delle conclusioni" that will be filed during the court hearing set for this fulfillment. The conclusions can be precised in this deed, considering the results of the evidences in the process.
6.  The last two deeds before the sentence are "conclusionale" and "replica alla conclusionale". In this deeds the attorneys bring to the court all the elements of right concerning the case (jurisprudence from other courts, ex. Supreme Court) and all the articles of the applicable law.
7. The judge will draft the sentence that can be appealed in front of the second court grade (Corte d'Appello) and if front of the Supreme Court (Corte di Cassazione).

We provide the litigation services in the following subjects in Italy, in the whole italian territory:

• Commercial law litigation 
• Civil litigation
• Enforcement of foreign rulings
• Debt collection
• Wrongful termination of contracts
• Arbitrations
• Financial litigation
• Product Liability litigation
• Bankruptcy procedures
• Insurance litigation
• Apellate litigation
• Mediation
• Medical malpractice in Italy
• Employment Law
• Labour Law
• Shareholders rights
• Agency and distributorships
• Real estate litigation
• Intellectual property litigation
• Competition Law

We look forward to cooperate with you.