US AND ITALIAN CIVIL PROCEDUREUS AND ITALIAN CIVIL PROCEDUREA COMPARATIVE STUDYA COMPARATIVE STUDYCivil Telematic LitigationCivil Telematic Litigation

(Processo Civile Telematico - PCT)(Processo Civile Telematico - PCT)A reviewA review

Avv. Edoardo FerraroAvv. Edoardo FerraroTrial Attorney in PadovaTrial Attorney in Padova

Verona, 28 giugno 2016Verona, 28 giugno 2016

PCTWhy & How

The Aim of the PCT1) To register in an easier ed faster way every pleading and document made by attorneys and judges during the litigation

2) To avoid attorneys to go to the Courthouse all around the country to register any pleading or document

The Tools of the PCT1) A particular kind of e-mail: a certified e-mail (that certified the sending and the reception)

2) A particular kind of digital signature, linked with a single attorney

3) The certification of every attorney by the Ministry of Justice

Access from the firm to the Courthouse register and files

Sending pleadings and documents to the Courthouses all around the country

Reception of pleadings and documents from other attorneys

Reception of communications from the Courthouses

Applications and requests for true copies of documents

Attorneys' authority to make true copies of documents

Attorneys' authority to make notifications

Access to the Appeal Courthouses and Supreme Courthouse

PCTThe outlook

The long journey for PCT

Presidential Decree n. 123/2001Creation of the PCT

Legislative Decree n. 82/2005 e ss. mod.Digital Administration Code (CAD)

Minister of Justice Decreee n. 44/2011Civil Telematic Litigation regulation

Minister of Justice Act 18/07/2011Technical and informatic rules for the Decree n. 44/2011

Decree Law 179/2012 (then converted inLaw n. 221/2012)Additional compelling measures for economic growth (Section VI dedicated to Digital Justice)

The long journey for PCT

Minister of Justice Act 16/04/2014New PCT technical and informatic rules

Law Decree n. 90/2014 (converted in Law n. 114/2014)Measures for semplification and Courthouses efficiency.

Prime Minister Decree 13/11/2014Technical rules for informatic documents related to CAD

Decree Law n. 83/2015 (converted in Law n. 132/2015)Sending introductive acts to Courthouses

MDP of Minister of Justice act 28/12/2015Specific technical rules for informatic documents and true copies

Certified E-mailCertified E-mail(Posta Elettronica Certificata - PEC)(Posta Elettronica Certificata - PEC)

Certified E-mailProof of sending and receiving

To certify the messages conteining pleadings and documents directed to the Courthouse are sent within the legal timeline, the network gives two automatic replies:

Reply of sending acceptance (sent by our server)Reply of received message (sent by the server of the recipient)The second one includes all the pleadings and documents sent to the Courthouse.

The two replies are the proofs that the message was sent and received, determined by the law.

Web Mail (Incoming)

Reply of sending acceptance

Reply of received message

Digital SignatureDigital Signature(Firma Digitale - Aruba)(Firma Digitale - Aruba)

Digital SignatureRelated to each attorney

To be sure the pleadings and documents directed to the Courthouse are sent by the attorney, every lawyer must sign the pleadings and the documents with a digital signature, related with the fiscal code, and registered by the Minister of Justice.

ArubaSign

Choosing file to sign

Choosing signature protocol

Document Verification

Cades protocol signature

Pades Protocol signature

Pades Protocol signature

Verification procedure

Verification Procedure

Consolle AvvocatoConsolle AvvocatoThe softwareThe software

Homepage

Create the folder

Communication from Courthouse

Access to Courthouse Register

Calendar of timeline and hearings

Precedents

Sending DocumentsSending Documentsto the Courthouseto the Courthouse

1. Creating the folder1. Creating the folder

Creating new folder

Selecting Courthouse log

Insert folder data

Insert tax

Selecting litigation topic

Insert claimant

Insert claimant's attorney

Complete data litigation

Save folder

Created folder

Sending DocumentsSending Documentsto the Courthouseto the Courthouse

2. Sending pleading and documents2. Sending pleading and documents

Created folder

Adding data

Upload window

Insert pleading

Select pleading

The pleading must be created with a writer program (Word, Libreoffice, Open Office, ecc), then saved as PDF file.

No scan are allowed

No PDF-Image are allowed

How to create the pleading

Documents must be scanned in PDF file, or another consentend format (txt, jpeg, gif, ecc)

Video or audio file can't be attached

The certified E-mail has a limit of 30 MB, so it could be useful to use compressed file format

In case of limit excedeed, it's allowed to send more than one e-mail

How to create attached documents

Pleading uploaded

Selected attached documents

Documents uploaded

Creating E-mail

Insert digital signature password

Signing pleading

Verify pleading and xml data

Verify pleading and xml data

Pleading signed

xml data signed

Signing documents (eventually)

Busta inviata[Timbro deposito]

Email sentWaiting for 4 replies

The 4 replies

Reply of sending acceptance (sent by our server)Reply of received message (sent by the server of the Minister of Justice) - THAT MESSAGE IS THE LEGAL TIMELINEAutomatic control (made by the Minister server about identity of the attorney and xml data file)Courthouse control (made by the Courthouse record's office)