Order No. 17403 of 2024: Communication of the CTU Report to the Constituted Parties

The recent order no. 17403 of June 24, 2024, issued by the Court of Cassation, provides important clarifications regarding the communication of the technical consultant's report (CTU) to the parties involved. The decision fits into an evolving jurisprudential context aimed at ensuring an effective and transparent technical debate during civil proceedings.

The communication of the CTU report

The Court has established that the communication of the technical consultant's report can occur through transmission to the party's technical consultant, rather than directly to the constituted attorney. This interpretation, based on Article 195 of the Code of Civil Procedure, is significant because the provision does not specify an obligation to communicate solely to the defender, but to the constituted parties. This means that the party's technical consultant can directly receive the necessary information to exercise their right to debate on the expert analysis.

ACTIVITY - COMMUNICATIONS TO THE PARTIES In general. The communication of the technical consultant's report is validly executed through its transmission to the party's technical consultant, rather than to the constituted attorney, because Article 195 of the Code of Civil Procedure prescribes transmission to the constituted parties - and not specifically to their defender - and this method is consistent with the rationale of the provision, aimed at establishing a technical debate on the issues subject to the expert investigation.

This maxim highlights the importance of the technical debate for the correctness of the expert investigation. The Court indeed emphasizes that direct communication to the party's consultant aligns with the rationale of the provision, which intends to ensure transparency and fairness in the process. In this way, the party's consultant is placed in a position to examine and potentially contest the conclusions of the CTU, contributing to a fairer and more balanced process.

Practical implications of the decision

The practical implications of this order are manifold and deserve consideration:

  • Strengthening of the right to defense: Direct communication to the party's consultant allows for active and informed participation in the expert analysis phase.
  • Greater procedural efficiency: Direct transmission of information can speed up the timelines of the process, avoiding delays related to communication with the attorney.
  • Clarity and transparency: The decision promotes greater clarity in the relationships between the parties and the CTU, facilitating constructive dialogue.

Conclusions

In conclusion, order no. 17403 of 2024 represents an important step in the protection of the technical debate and the right to defense in civil proceedings. The possibility of communicating the CTU report directly to the party's technical consultant is an element that can contribute to more effective and participatory justice. It is essential that the parties involved are aware of this and that legal professionals adapt to this new practice to ensure the respect of the rights of all actors involved in the process.

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