Access to evidence in Italy

Elisabetta Silvestri

Chapter 4 in Access to Evidence in Civil Procedure, 2026, pp 76-88 from Edward Elgar Publishing

Abstract: Despite the many reforms that have transformed the landscape of Italian civil procedure since the 1990s, the law of evidence cannot be said to have undergone dramatic change. Even the advent of new IT technologies and the problems connected with the use and reliability of e-evidence have not altered in a noteworthy way the traditional approach to evidence-gathering in Italian courts. In particular, it is still difficult to gain access to information and evidence when they are controlled by the opposing party or by third parties. Recent amendments devoted to inspection and exhibition may turn out to be an important step towards a party's duty to loyal cooperation. The statutes passed for the implementation of EU Directives having a bearing on access to evidence are, however, often ignored by legal professionals and their application, when actually put into practice, has not generated a considerable amount of case law.

Keywords: Interrogatorio formale; Inspection; Exhibition; Actions for cartel damages; Ordine di esibizione; Evidence preservation procedure (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035336128
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