Le slide preparate per l'incontro di studio sulle procedure civili italiana e americana con gli avvocati del Bar di New Orleans ed il Giudice Federale della Lousiana Hon. Ivan Lemelle.

1. US AND ITALIAN CIVIL PROCEDUREUS AND ITALIAN CIVIL PROCEDURE
A COMPARATIVE STUDYA COMPARATIVE STUDY
Civil Telematic LitigationCivil Telematic Litigation
(Processo Civile Telematico - PCT)(Processo Civile Telematico - PCT)
A reviewA review
Avv. Edoardo FerraroAvv. Edoardo Ferraro
Trial Attorney in PadovaTrial Attorney in Padova
Verona, 28 giugno 2016Verona, 28 giugno 2016

2. PCT
Why & How
The Aim of the PCT
1) 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 PCT
1) 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

3. 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
PCT
The outlook

4. The long journey for PCT
Presidential Decree n. 123/2001
Creation of the PCT
Legislative Decree n. 82/2005 e ss. mod.
Digital Administration Code (CAD)
Minister of Justice Decreee n. 44/2011
Civil Telematic Litigation regulation
Minister of Justice Act 18/07/2011
Technical 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)

5. The long journey for PCT
Minister of Justice Act 16/04/2014
New 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 13/11/2014
Technical 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 28/12/2015
Specific technical rules for informatic documents and true copies

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

7. Certified E-mail
Proof 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.

8. Web Mail (Incoming)

9. Reply of sending acceptance

10. Reply of received message

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

12. Digital Signature
Related 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.

13. ArubaSign

14. Choosing file to sign

15. Choosing signature protocol

16. Document Verification

17. Cades protocol signature

18. Pades Protocol signature

19. Pades Protocol signature

20. Verification procedure

21. Verification Procedure

22. Consolle AvvocatoConsolle Avvocato
The softwareThe software

23. Homepage

24. Create the folder

25. Communication from Courthouse

26. Access to Courthouse Register

27. Calendar of timeline and hearings

28. Precedents

29. Sending DocumentsSending Documents
to the Courthouseto the Courthouse
1. Creating the folder1. Creating the folder

30. Creating new folder

31. Selecting Courthouse log

32. Insert folder data

33. Insert tax

34. Selecting litigation topic

35. Insert claimant

36. Insert claimant's attorney

37. Complete data litigation

38. Save folder

39. Created folder

40. Sending DocumentsSending Documents
to the Courthouseto the Courthouse
2. Sending pleading and documents2. Sending pleading and documents

41. Created folder

42. Adding data

43. Upload window

44. Insert pleading

45. Select pleading

46. 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

47. 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

48. Pleading uploaded

49. Selected attached documents

50. Documents uploaded

51. Creating E-mail

52. Insert digital signature password

53. Signing pleading

54. Verify pleading and xml data

55. Verify pleading and xml data

56. Pleading signed

57. xml data signed

58. Signing documents (eventually)

59. Busta inviata
[Timbro deposito]
Email sent
Waiting for 4 replies

60. 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 TIMELINE
Automatic control (made by the Minister server about identity of the
attorney and xml data file)
Courthouse control (made by the Courthouse record's office)