News
The period for serving on a person a notice to take part in a civil lawsuit is peremptory
- 01/05/2018
With Order no. 8639 of 8th April 2018, the Court of Cassation has stated that when a Judge orders that an interested person be served a notice to take part in a civil lawsuit and the party to whom that service is demanded does not comply with that order or complies with it only partially, a new period for the said service cannot be given. If so, the Judge would grant an extension of time which is expressly excluded by article 153 of the Italian Civil Procedure Code.
The principle at issue can be waived, provided that a request for an extension is filed before the expiry of the first period, either when the existence of a fact not attributable to that party is supported by evidence, or when the party faultlessly ignores the place of residence of the person to whom the notice is to served.
NEWS
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