Order No. 19718 of 2024: The Inadmissibility of Interrogation via Special Attorney

The ruling of the Court of Cassation No. 19718 dated July 17, 2024, has raised important questions regarding the execution of formal interrogation in civil matters. In particular, the Court reiterated that the interrogation must be conducted personally by the involved party and cannot be delegated to a special attorney, as established by Article 231 of the Code of Civil Procedure (c.p.c.). This principle is fundamental to ensure the truthfulness and reliability of the statements made in court.

The Context of the Ruling

The case in question involved two parties, S. (S. G.) and P. (A. M.), in a legal dispute that necessitated a formal interrogation. The Court of Appeal of Naples had initially accepted the request for interrogation through a special attorney, but the decision was appealed, leading to the ruling of the Court of Cassation.

The Importance of Personal Interrogation

The ruling's maxim is clear:

Response to interrogation made by the special attorney - Inadmissibility. The formal interrogation cannot be conducted through a special attorney as the party to whom it is referred must respond personally and orally in accordance with Article 231 of the c.p.c.

This formulation highlights that formal interrogation cannot be delegated to third parties, as the law requires the interrogated party to respond directly and orally. Article 231 of the c.p.c. emphasizes the importance of direct testimony, which allows the judge to assess not only the content of the statements but also the credibility and sincerity of the witness.

Practical Implications of the Ruling

The decision of the Court of Cassation has several significant implications for lawyers and parties involved in civil proceedings:

  • Strengthening the necessity for preparation for the interrogated party, who must face the interrogation personally.
  • Possible repercussions on legal strategies, as it will no longer be possible to delegate the responsibility of responding to an attorney.
  • The importance of ensuring that the interrogated party is aware of the legal consequences of their statements.

This ruling serves as a reminder of the centrality of the individual in civil proceedings, highlighting how crucial it is for each party to take responsibility for their statements.

Conclusions

In conclusion, Order No. 19718 of 2024 from the Court of Cassation highlights a fundamental aspect of civil procedural law: the formal interrogation must be conducted personally by the involved party. This position not only respects the regulatory provision of Article 231 of the c.p.c. but also serves to ensure the integrity and truthfulness of the information provided in court. Lawyers and their clients will need to take this important clarification into account in future legal strategies.

Bianucci Law Firm