The Correction of Material Error According to the Supreme Court: Order No. 8620 of 2024

The recent order of the Supreme Court, No. 8620 of April 2, 2024, provides important clarifications on the issue of the correction of material error in civil matters. In particular, the Court addressed the issue of the admissibility of the correction request made personally by the party, concluding that such a request is inadmissible due to a violation of Article 82, paragraph 2, of the Code of Civil Procedure (c.p.c.).

The Regulatory and Jurisprudential Context

The central issue concerns the interpretation of Article 82 c.p.c., which provides specific methods for correcting material errors. According to the regulation, the request must be submitted by a lawyer, thus excluding the possibility of a personal proposal by the party involved in the case. This rule aims to ensure that all requests are formulated in a technical and professional manner, avoiding confusion or errors due to a lack of familiarity with legal procedures.

The Maxim of the Ruling

Correction of material error - Request made personally by the party - Admissibility - Exclusion - Basis. The request for correction of material error made personally by the party is inadmissible due to a violation of Article 82, paragraph 2, c.p.c.

This maxim highlights how the Supreme Court has been firm in emphasizing the importance of compliance with legal procedures. The decision to exclude the personal request of the party is motivated by the need for proper legal representation, which ensures the accuracy and appropriateness of the requests made in court. It is essential that the individual submitting the request is assisted by a professional in the field, who can ensure that all regulations are respected and that the request is formulated appropriately.

Final Considerations

In conclusion, Order No. 8620 of 2024 from the Supreme Court represents an important reminder of order in the Italian legal landscape. It emphasizes the importance of the role of the lawyer and compliance with legal procedures, fundamental elements to ensure a fair trial. Parties involved in a civil case must therefore be aware of the need to rely on professionals for the submission of requests, avoiding personal actions that could be inadmissible and compromise their rights.

Bianucci Law Firm