Order No. 15969 of 2024: The Importance of Proper Document Production in Court

The recent order no. 15969 of June 7, 2024, issued by the Court of Cassation, provides significant insights regarding the regulation of document production in civil proceedings. In particular, the ruling highlights the consequences arising from non-compliance with the procedures outlined in Articles 74 and 87 of the implementing provisions of the Code of Civil Procedure. This article aims to analyze the key points of the decision and its practical implications for lawyers and parties involved.

The Procedures for Document Production

According to current regulations, acts and documents must be presented in a formally correct manner to be considered valid in court. Article 74 of the implementing provisions of the Code of Civil Procedure states that documents produced before the establishment of the case must be listed in the index of the file and signed by the clerk. Similarly, those submitted after the establishment must be filed with the court, with a notification of the list to the other parties.

The Court reiterated that failure to comply with such procedures results in the preclusion of using the documents as evidence. However, there is an important exception: if the opposing party, despite being aware of the irregularity, implicitly accepts the production, the evidence may be considered validly acquired.

The Consequences of Non-Compliance

Procedures - Non-compliance - Consequences - Preclusion of use of irregularly produced documents - Existence - Limits - Implicit acceptance of document production - Basis - Specific case. According to Articles 74 and 87 of the implementing provisions of the Code of Civil Procedure, acts and documents produced before the establishment of the case must be listed in the index of the file and signed by the clerk, while those produced after the establishment must be filed with the court along with a notification of their list to the other parties (or, if presented in court, must be listed in the corresponding minutes, also signed by the clerk), with the consequence that non-compliance with such requirements, rendering the complete production irregular, precludes the party from using them as evidence, and the judge from examining them, provided that the opposing party entitled to assert the irregularities has not, even implicitly, accepted the filing of the documentation after having become aware of it, since if there is no timely opposition to irregular production (to be made in the first instance or subsequent defenses following the act or notification thereof), it cannot be appreciated the violation of the principle of contradiction, which the aforementioned rules are aimed at ensuring.

This order confirms what has already been established in previous rulings, emphasizing the importance of timeliness in opposing non-compliant document production. The lack of objections from the opposing party may lead to the implicit acceptance of the documents, thus making them usable in court.

Conclusions

In summary, order no. 15969 of 2024 highlights how the form and procedures for document production are essential in civil proceedings. Proper adherence to these procedures not only guarantees the right to defense but also protects the principle of contradiction. For lawyers and the parties involved, it is crucial to pay attention to these rules to avoid preclusions that could compromise the successful outcome of the case.

Bianucci Law Firm