How to file the witness list 468 with AI

The steps

1. 1.

   Identification of the judge and proceedings

   The first step involves the precise indication of the Judicial Authority before which the proceeding is pending, specifying whether it is a Tribunal in single-judge or collegiate composition or a Court of Assize. It is necessary to correctly report the General Register number (R.G. Dib. or R.G. Trib.) and the defendant's details to allow for the immediate association of the document with the case file. Proper heading ensures that filing occurs with the clerk of the judge competent for the trial phase, avoiding delays in the transmission of documents.

2. 2.

   Deadline calculation and hearing verification

   The list must be filed at least seven clear days before the hearing date, excluding both the day of filing and the day of the hearing from the calculation. For direct citation proceedings, pursuant to Art. 554-ter c.p.p. introduced by the Cartabia Reform, the deadline must be calculated relative to the pre-trial hearing (udienza predibattimentale) rather than the subsequent trial hearing. According to United Sections ruling no. 15553 of 2021, since it is a backward-running deadline, if the seventh clear day falls on a holiday, the deadline is moved forward to the previous non-holiday day to ensure the full notice period is respected.

3. 3.

   Listing of witnesses and experts

   The document must contain the nominal list of persons whose examination is requested, distinguishing between ordinary witnesses, court-appointed experts (periti), and party-appointed experts (consulenti tecnici). For each individual, it is necessary to precisely indicate full personal details, including place and date of birth if available, and the residential or home address where the summons should be sent. Correct identification prevents objections regarding the vagueness of the evidence and facilitates the notification of summons decrees pursuant to Art. 142 disp. att. c.p.p.

4. 4.

   Articulation of evidentiary circumstances

   Pursuant to Art. 468 paragraph 1 c.p.p., it is mandatory to indicate the specific circumstances on which the examination of each person listed must focus. A generic reference to the counts of the indictment is not sufficient: circumstances must be presented analytically to allow the judge to evaluate their pertinence and relevance for the decision. The lack of such indication or excessive vagueness of the evidentiary chapters can lead to the inadmissibility of the list or the exclusion of specific witnesses during the evidence admission phase under Art. 495 c.p.p.

5. 5.

   Formulation of evidentiary requests

   The document concludes with a formal request addressed to the trial judge (or the pre-trial hearing judge) to admit the examination of the indicated subjects and authorize their summons. It is advisable to include a reservation clause for the indication of rebuttal evidence (prova contraria) against that requested by other parties, which can be presented even beyond the seven-day deadline if it refers to witnesses already included in the opposing lists. This request is based on the combined provisions of Art. 468 and Art. 495 c.p.p., which govern the filing of the list and the evidence admission order, respectively.

6. 6.

   Electronic filing and signature

   The witness list must be signed by the defense attorney or by the public prosecutor and filed through the Criminal Filing Portal (PDP). Electronic filing generates an acceptance receipt that constitutes proof of compliance with the mandatory seven clear days deadline. Although Art. 142 disp. att. c.p.p. concerns the formal requirements of the summons, the absence of which can cause the nullity of the summons itself, it is standard practice to attach proof of filing at the first available hearing to overcome any disputes regarding timeliness.

Legal basis: art. 468 c.p.p.art. 495 c.p.p.art. 554-ter c.p.p.art. 172 c.p.p.art. 142 disp. att. c.p.p.