News
If a party withdraws a judicial file and does not bring it back, the Judge can decide at the state of the proceedings
- 20/11/2018
If the Judge ascertains that a party, before the hearing, has regularly withdrawn its file, pursuant to art. 169 of the Italian Civil Code, and, at the time of the decision, the file itself cannot be found, the Judge himself is not obliged to refer the case to the register in order to allow the party to remedy, but has the duty to decide the case at the state of the proceedings. This principle was stted by the Court of Cassation with Ordinance no. 25133 of 10th October 2018.
The Supreme Court referred to the jurisprudential orientation according to which the Judge is obliged to dispose the research or, if necessary, the reconstruction of missing files, only if there are elements to believe that this lack is involuntary, or that depends on loss or subtraction. If the Judge omits to arrange the search or reconstruction of the missing acts, this omission could be a lack of proper reasoning.
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