Practical guide

How to draft a request for service in special forms with AI

3 min read · Updated September 2026 · Editorial oversight: Avv. Federico Papa

Article 151 of the Italian Code of Civil Procedure (c.p.c.) grants judges the discretionary power to authorize service of process methods that deviate from standard rules. This request is essential when traditional methods are impractical or excessively burdensome due to urgency or objective complexity.

In brief

The request for service in special forms (notificazione in forme speciali) under Art. 151 c.p.c. allows a departure from standard procedures like certified email (PEC), registered mail, or bailiffs. The lawyer must justify why standard routes are impossible or inefficient due to specific circumstances or urgency, proposing an alternative method that ensures the recipient's awareness. The judge rules via a decree (decreto), outlining the specific operational steps to be followed for valid service.

The steps

1.
Verification of admissibility requirements
Before drafting, you must confirm the existence of special circumstances (circostanze particolari) or reasons of speed (celerità) justifying the derogation. This is not an absolute right: case law requires that standard service be objectively difficult or that its duration would jeopardize the right of defense. The lawyer should gather documentary evidence, such as failed service attempts or reports of untraceability, to support the application.
2.
Analytical description of special circumstances
In the body of the request, you must describe in detail why standard forms are unsuitable. For instance, when serving parties abroad in countries with extremely slow bureaucratic procedures, or when the recipient systematically evades service. You should cite Article 151 c.p.c. as the legal basis, highlighting how the chosen special method is still capable of bringing the document within the recipient's sphere of knowledge.
3.
Proposal of the alternative method
The lawyer must suggest a specific method to the judge: this could be service via instant messaging, publication on websites, newspaper advertisements, or delivery to third parties connected to the recipient. The proposal must be reasonable and proportionate. For example, if proposing WhatsApp, you must prove the phone number belongs to the recipient and suggest that the 'read receipt' could serve as evidence of delivery.
4.
Drafting the proposed decree
It is best practice to include a draft decree (minuta di decreto) for the judge at the end of the request. This facilitates the judge's task and allows you to suggest precise terms and methods for when the service is deemed complete. The decree should include space for the judge's signature and date, and must explicitly state that service occurs 'pursuant to Art. 151 c.p.c.', specifying the duties imposed on the applicant.
5.
Electronic filing and proof of service
The request is filed electronically (deposito telematico) within the proceedings as a generic motion. Once the authorized decree is obtained, the lawyer must execute the service exactly as ordered. Proof of completion must then be filed: if a digital medium was used, you must provide screenshots or technical logs certifying the delivery of the document.

Legal basis: Art. 151 c.p.c.Art. 137 c.p.c.Art. 150 c.p.c.Art. 3-bis L. 53/1994

Mistakes to avoid

Failure to specifically state the 'special circumstances' that make standard service difficult.
Omitting a concrete proposal for an alternative method, leaving the choice entirely to the judge.
Using special forms before attempting service via PEC when the recipient's address is in public registries.
Forgetting to request a specific deadline within which to perform the authorized service.

Frequently asked questions

Is service via WhatsApp admissible under Art. 151 c.p.c.?

Yes, lower courts have allowed this method provided that the judge authorizes it in advance by decree, identifying special circumstances and ensuring certainty of receipt.

What happens if service is performed in special forms without authorization?

The service is null and void (nullità), unless the purpose is achieved, as the power to deviate from standard forms belongs exclusively to the judge.

Does Art. 151 c.p.c. apply to labor law proceedings?

Certainly, the rules on service of process in the code of civil procedure also apply to labor proceedings (rito del lavoro) insofar as they are compatible.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 19 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

What edit.legal automates

—edit.legal analyzes the urgency factors provided to suggest the most effective legal phrasing referring to Art. 151 c.p.c.
—The system automates the creation of the proposed decree (minuta di decreto) following Italian court standards.
—edit.legal checks the consistency between the proposed service method and recent judicial practices regarding digital tools.