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Checklist: key checks before filing a civil Cassation appeal
2 min read · Editorial oversight: Avv. Federico Papa
Use this checklist immediately prior to signing or electronically filing the pleading to prevent fatal errors regarding deadlines, power of attorney, and drafting techniques required by the Code of Civil Procedure.
In brief
Before filing a civil Cassation appeal, practitioners must verify the special power of attorney under Art. 365 c.p.c. Pursuant to Supreme Court Joint Sessions No. 36057/2022, its special character is presumed if attached physically or digitally to the pleading. The advocate must be admitted to the special bar for higher courts. Grounds must comply with clarity and conciseness standards introduced by the Cartabia Reform (Art. 366 c.p.c.) and maintain the distinction between law and merits under Art. 360 c.p.c. Precise location of documents and a summary statement of facts are essential requirements for admissibility.
- 1.
Check the date and presumption of special character of the power of attorney (Art. 365 c.p.c.)
Related practical guide: How to draft a civil cassation appeal with AIVerify that the power of attorney is attached to the pleading (physically or digitally). If so, its special character is presumed pursuant to Cass. Joint Sessions No. 36057/2022 (even without specific references to the decision), and any date prior to the judgment does not render the appeal inadmissible.
- 2.
Signature by an authorized advocate (Art. 365 c.p.c.)
Ensure that the pleading is signed by an advocate admitted to the special bar for practice before higher courts. A signature by an unauthorized practitioner renders the appeal inadmissible.
- 3.
Compliance with the principles of specificity and conciseness (Art. 366 c.p.c.)
Avoid verbatim transcription of documents. Prioritize conciseness and precise location of essential content within the court file (Art. 366, paragraph 1, no. 6 c.p.c.), ensuring the alleged error is understandable without compromising the clarity of the pleading.
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4.Specific indication and location of documents (Art. 366, paragraph 1, no. 6 c.p.c.)
Indicate precisely where each cited document is located within the case files of previous court instances. Omitted or imprecise location renders the ground of appeal inadmissible.
- 5.
Distinction between issues of fact and law (Art. 360 c.p.c.)
Verify that the grounds do not request a re-examination of the merits or facts. An improper overlap between errors of law and factual claims leads to the inadmissibility of the appeal.
- 6.
Requirements of clarity and conciseness (Art. 366 c.p.c.)
Ensure that the grounds comply with the clarity and conciseness requirements introduced by the Cartabia Reform (Art. 366 c.p.c.). Non-compliance with these drafting standards results in the inadmissibility of the appeal.
- 7.
Summary statement of facts (Art. 366 c.p.c.)
Verify that the summary of the proceedings allows the grounds of appeal to be understood without consulting the challenged judgment. A deficient statement deprives the pleading of an essential admissibility requirement.

Frequently asked questions
What happens if the special power of attorney does not expressly reference the challenged judgment?
Failure to reference the judgment does not entail inadmissibility provided that the power of attorney is attached to the pleading. According to the Supreme Court Joint Sessions (Judgment No. 36057/2022), special character is presumed if the power of attorney is physically or digitally attached to the appeal.
Is it possible to cure the failure to indicate documents (Art. 366, paragraph 1, no. 6 c.p.c.) after filing?
No, the requirement of specific indication must exist at the time of filing: the omission leads to the inadmissibility of the ground of appeal.
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