Order No. 18531 of 2024: The Waiver of Appeal to the Supreme Court and Its Implications

The recent order of the Supreme Court No. 18531 of July 8, 2024, provides an important reflection on the terms and methods of waiving an appeal at the Supreme Court level. This ruling definitively clarifies when it is possible to waive and what the consequences of such a choice are, which is essential for all those facing the Italian legal system.

The Regulatory Context

According to Article 390 of the Code of Civil Procedure (c.p.c.), the appellant has the right to waive their appeal up to a certain point in the proceedings. The Court, in its order, specified that the waiver is valid until the report begins at the hearing or until the date of the chamber meeting. This implies that once the chamber of counsel is reached, the possibility of waiver is excluded.

Supreme Court judgment - Deadline for waiving the appeal - Identification - Waiver after the chamber meeting set by the chamber assembly - Relevance - Exclusion - Basis. In the Supreme Court proceedings, the appellant may waive the appeal, pursuant to Article 390 c.p.c., until the report begins at the hearing or until the date of the chamber meeting or until they are notified of the written conclusions of the Attorney General in cases provided for in Article 380-ter c.p.c., with the consequence that the waiver after the chamber meeting of the scheduled assembly is ineffective, as the decision-making process has already been concluded.

The Implications of the Ruling

The Court has thus reiterated that a waiver made after the chamber meeting has no legal effects. This is a crucial aspect for lawyers and their clients, as it emphasizes the importance of acting promptly during the proceedings. It is not uncommon for appellants, in situations of uncertainty or after reviewing the conclusions of the Attorney General, to decide to waive the appeal. However, the ruling clarifies that such a decision, if made after a certain point, is ineffective.

  • Waiver valid until the beginning of the report at the hearing.
  • Possibility of waiver until the date of the chamber meeting.
  • Waiver after the chamber meeting is ineffective.

Conclusions

Ruling No. 18531 of 2024 represents an important guide for the correct approach to the Supreme Court proceedings. The clarity provided by the Supreme Court on the timing and methods of waiving an appeal is fundamental to avoiding procedural errors that could compromise the appellant's defense. It is essential, therefore, that lawyers and clients are always informed and prepared to make timely and informed decisions during the process.

Bianucci Law Firm