Practical guide
How to draft a third-party summons with AI
5 min read · Updated May 2026 · Editorial oversight: Avv. Federico Papa
The third-party summons (chiamata in causa del terzo) under art. 106 of the Italian Code of Civil Procedure (c.p.c.) is the legal instrument by which a party joins a third party to a pending lawsuit due to a shared cause of action or a right to indemnity (garanzia). Pursuant to art. 106 c.p.c., this mechanism ensures procedural efficiency and consistency in rulings, preventing conflicting judgments across interconnected legal relationships. The exercise of this right is strictly governed by Articles 167 and 269 c.p.c., which impose strict statutory deadlines (decadenze) and specific procedural burdens on the impleading defendant. Proper drafting and service of the summons are essential for the admissibility of the joinder and the proper establishment of due process regarding the third party.
In brief
This guide details the third-party summons under Art. 106 c.p.c. using AI. The defendant must declare this intent in the statement of defense seventy days before the hearing, per Articles 166 and 167 c.p.c., requesting adjournment under Art. 269 c.p.c. Following preliminary checks under Art. 171-bis c.p.c., the judge issues an authorization decree. The summons must comply with Art. 163 c.p.c. and notice periods in Art. 163-bis c.p.c., followed by mandatory electronic filing. The process concludes with supplemental briefs under Art. 171-ter c.p.c. to guarantee the adversarial principle.
The steps
- 1.
Verification of timeliness and deadlines
A defendant wishing to implead a third party must declare this intention, under pain of forfeiture, in the statement of defense (comparsa di costituzione e risposta), which must be filed at least seventy days before the hearing set in the summons, pursuant to Articles 166 and 167 c.p.c. Third-party joinder cannot be requested at a later stage of the first-instance proceedings unless the need arises from the plaintiff's defenses or is ordered by the court. Failure to comply with this deadline permanently precludes the exercise of the right to indemnity or shared liability within the same trial.
- 2.
Request for adjournment of the first hearing
Along with the declaration to implead included in the defense statement, the defendant must request the judge to adjourn the first hearing under art. 269 c.p.c. This request is an essential requirement to allow for the third-party summons while observing statutory appearance terms, as counsel cannot unilaterally schedule a new hearing date. Upon verifying admissibility, the judge issues a decree of adjournment authorizing subsequent service. Failing to include this specific request in the defense statement results in the inadmissibility of the third-party joinder.
- 3.
Preliminary checks and court decree
Following the filing of the statement of defense, the judge conducts the preliminary checks mandated by art. 171-bis c.p.c. to verify the regularity of due process and the timeliness of the application. If the request complies with Articles 167 and 269 c.p.c., the judge issues a decree within fifteen days postponing the first hearing and setting a strict deadline for summoning the third party. It is essential to monitor the electronic court record to promptly retrieve the decree, as service of the summons must occur within the court-ordered deadline and statutory appearance periods. This judicial order confirms procedural regularity and authorizes the defendant to proceed.
- 4.
Drafting the third-party summons
The third-party summons must be drafted in compliance with the formal requirements set forth in art. 163 c.p.c., detailing the factual and legal grounds supporting the claim for indemnity or shared liability. Counsel must strictly observe the statutory terms to appear under art. 163-bis c.p.c. (one hundred twenty days for service within Italy), calculated between the service date and the adjourned hearing date fixed by decree. The summons must also include the mandatory legal warnings regarding forfeitures pursuant to art. 163, paragraph 3, no. 7 c.p.c. Any defects concerning appearance terms or statutory warnings entail the nullity of the summons, which may be cured by the appearance of the third party or by renewing service.
- 5.
Service on the third party and electronic filings
Under art. 269 c.p.c., the summons must be served solely on the third party being impleaded. The original parties who have already appeared in court are not recipients of this service, as they receive notice of the hearing adjournment through court registry communications. Once service on the third party is executed, the defendant must deposit the served summons with proof of service into the electronic court file to confirm proper joinder. Failing to serve the third party within the peremptory deadline set by the judge invalidates the authorization and results in the loss of the right to implead the third party in the ongoing proceedings.
- 6.
Third-party appearance and supplemental briefs
Following service, the third party must appear in court by filing a statement of defense at least seventy days before the new hearing date, under pain of forfeiture pursuant to art. 167 c.p.c. Once the third party has appeared (or been declared in default), all parties proceed to file supplemental briefs under art. 171-ter c.p.c. Within these deadlines, the original parties and the third party may modify or extend their claims and defenses as a consequence of the third party's arguments, ensuring complete adversarial proceedings. The lawsuit then moves to the hearing under art. 183 c.p.c., where the judge issues rulings on evidentiary requests.
Legal basis: art. 106 c.p.c.art. 269 c.p.c.art. 167 c.p.c.art. 166 c.p.c.art. 163-bis c.p.c.art. 171-bis c.p.c.art. 171-ter c.p.c.
The template structure
The standard sections that make up the document. The full template can be opened and completed directly on edit.legal.
1. Court and proceedings
Identification of the court, division, assigned judge, and General Register case number of the pending proceeding.
2. Parties
Detailed identification of the impleading defendant, the plaintiff, and the third party being summoned.
3. Recitals: grounds for joinder
Statement of facts and underlying legal relationship, specifying the grounds for shared liability or direct/indirect indemnity.
4. Prayers for relief against the third party
Formulation of specific claims against the third party, including requests for indemnity, hold-harmless protection, or liability findings.
5. Date, signature, and power of attorney
Date and place of execution, along with the digital signature of the attorney acting under power of attorney.
Mistakes to avoid
- Serving the third-party summons on parties already appearing in the case rather than limiting service to the third party under art. 269 c.p.c.
- Failing to include the request for hearing adjournment in the statement of defense filed within the deadlines of art. 166 c.p.c.
- Incorrectly calculating the clear days for appearance under art. 163-bis c.p.c. without taking into account the adjourned hearing date fixed by decree.
- Attempting to request third-party joinder during the supplemental brief phase under art. 171-ter c.p.c. without having made a timely request in the initial statement of defense.
Frequently asked questions
What is the final deadline for the defendant to request a third-party joinder?
The defendant must request joinder, under pain of forfeiture, in the statement of defense filed at least seventy days before the hearing date specified in the original summons, pursuant to Articles 166 and 167 c.p.c.
Is a new Unified Tax (Contributo Unificato) required for the third-party summons?
Yes, if the third-party summons involves an independent claim or expands the subject matter of the lawsuit, an additional court fee (contributo unificato) calculated on the value of the new claim is due. However, if the impleader is for simple indemnity without expanding the claim, local court practices may vary.
What happens if the judge denies the request for hearing adjournment?
If the judge deems the request inadmissible or untimely, the adjournment is denied and the proceedings continue exclusively between the original parties. The defendant may subsequently sue the third party in separate legal proceedings, subject to procedural rules.
What edit.legal automates
- —Automated generation of the adjournment request under art. 269 c.p.c. with AI-calculated appearance terms.
- —Automated verification of the timeliness of the statement of defense relative to the original summons.
- —Guided drafting of indemnity and guarantee claims with adaptive clauses based on the legal relationship with the third party.
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