How to draft Article 171-ter CCP Memoranda with AI

The steps

1. 1.

   Identification of the memorandum and compliance with deadlines

   The practitioner must correctly identify which of the three memoranda is being filed, as each serves distinct functions and is subject to different deadlines: 40 days prior to the hearing for the first, 20 days for the second, and 10 days for the third. These deadlines are peremptory and calculated backwards from the appearance hearing, enabling the judge to arrive at the hearing with the thema decidendum and probandum already crystallized. It is essential to verify the proper establishment of the adversarial process and the presence of any motions for adjournment. Filings must be executed exclusively through the Electronic Civil Trial (PCT) system, ensuring that the electronic filing envelope is generated without fatal errors.

2. 2.

   Drafting the first memorandum: clarifications and modifications

   The first memorandum is dedicated to clarifying or modifying claims, objections, and conclusions already formulated. The plaintiff may submit claims and objections that arise as a consequence of the counterclaim or objections raised by the defendant, including the joinder of a third party pursuant to Article 269 CCP if the need arose from the opposing party's defenses. Third-party joinder by the plaintiff requires the judge to adjourn the hearing pursuant to Article 269 CCP, resetting the sequence of deadlines for the memoranda. Although entirely new claims outside the original scope are prohibited, substantial modification of the claim (including the petitum and causa petendi) is permitted, provided that the subject of the proceedings remains centered on the same underlying factual transaction between the parties.

3. 3.

   Drafting the second memorandum: evidentiary requests

   In the second memorandum, parties must formulate their evidentiary requests and produce supporting documents, as well as reply to new or modified claims and defenses raised by the opposing party. The defendant uses this submission to reply to the plaintiff's clarifications contained in the first memorandum. Witness examination chapters must be drafted in separate, specific, and factual items, avoiding evaluative judgments or generic statements. This is also the appropriate stage to produce documents not previously filed and to request the appointment of a court-appointed expert (CTU). Upon expiration of this deadline, parties face definitive forfeiture of the right to request direct evidence.

4. 4.

   Drafting the third memorandum: rebuttal evidence

   The final memorandum serves a function strictly limited to indicating rebuttal evidence regarding the evidentiary requests formulated by the opposing party in the second memorandum. Introducing new factual allegations or producing documents not aimed specifically at countering opposing evidentiary requests is impermissible. Counsel must analyze each opponent's witness chapter thoroughly and designate their own rebuttal witnesses. The memorandum must remain concise and closely tied to the opposing party's submissions to avoid irrelevance or inadmissibility.

5. 5.

   Verification of structure and electronic filing

   Prior to filing, counsel must verify that the submission includes the correct header, specifying the General Register (R.G.) number and the designated Examining Judge. The document must be signed using a valid digital signature (PAdES or CAdES) compliant with PCT technical specifications. Each attached document must be numbered, described, and specifically cross-referenced in the body of the pleading to facilitate judicial review. Errors in file naming or in the document index may delay court proceedings or cause confusion during the evidentiary admission stage.

Legal basis: art. 171-ter c.p.c.art. 269 c.p.c.art. 153 c.p.c.