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It is left to the discretion of the delegated judge to decide whether to order the accounting ledgers to be produced

Civil Superior Court, Section I, 31 August 2020, no. 18152. Pres. Genovese. Est. Loredana Nazzicone

date: 19.10.2020
Area: Litigation and Arbitration

The order to produce the accounting ledgers pursuant to Article 2711, paragraph 2, of the Italian Civil Code is left to the discretion of the judge of merit and requires that the evidence to be proved cannot be acquired elsewhere (aliunde). The rule cited must be understood in a restrictive sense, as it must be coordinated with the ordinary rules of the burden of allegation and proof on the party asserting a right. Consequently, the official power of the Judge may be exercised only if a party cannot independently obtain the accounting documents through other means of proof, including the order to produce evidence pursuant to Article 210 of the Italian Criminal Code.

It is left to the discretion of the delegated judge to decide whether to order the accounting ledgers to be produced

Civil Superior Court, Section I, 31 August 2020, no. 18152. Pres. Genovese. Est. Loredana Nazzicone

date: 19.10.2020
Area: Litigation and Arbitration

The order to produce the accounting ledgers pursuant to Article 2711, paragraph 2, of the Italian Civil Code is left to the discretion of the judge of merit and requires that the evidence to be proved cannot be acquired elsewhere (aliunde). The rule cited must be understood in a restrictive sense, as it must be coordinated with the ordinary rules of the burden of allegation and proof on the party asserting a right. Consequently, the official power of the Judge may be exercised only if a party cannot independently obtain the accounting documents through other means of proof, including the order to produce evidence pursuant to Article 210 of the Italian Criminal Code.