Practical guide

How to draft a motion for the admission of new evidence under Art. 507 c.p.p. with AI

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

The motion under Art. 507 c.p.p. is the procedural tool used by parties to request the court to exercise its supplementary evidentiary powers after the trial hearing. This guide explains how to draft the request while adhering to the strict standard of absolute necessity.

In brief

The admission of new evidence under Art. 507 c.p.p. takes place after the evidentiary stage is concluded if further evidence is deemed absolutely necessary (assoluta necessità) for the fact-finding process. This mechanism allows the court to admit evidence even if parties missed the deadlines for witness lists (liste testimoniali), provided the evidence is decisive rather than exploratory. Drafting requires an analytical justification linking the new evidence to the existing record, proving its indispensability for the final judgment.

The steps

1.
Verification of the timing requirement
The power provided by Art. 507 c.p.p. can only be exercised after the evidence admitted at the start of the trial has been fully presented. The lawyer must wait for the formal closure of the evidentiary stage (istruzione dibattimentale) to submit the motion. Although the law refers to the court's own motion (ufficio), established practice allows parties to trigger this power. Using edit.legal, you can upload the hearing minutes to identify the exact procedural moment for the motion, ensuring no pending evidence makes the request premature.
2.
Arguing absolute necessity
The core of the motion is proving absolute necessity (assoluta necessità). It is not enough for the evidence to be useful or relevant: it must be indispensable to resolve a court's doubt or complete a fragmented evidentiary picture. You must highlight why the evidence was not requested earlier or why its relevance only surfaced following other testimonies. The motion must avoid dilatory purposes, focusing on the potential of the new evidence to influence the trial's outcome toward the discovery of truth.
3.
Specification of the evidentiary means
The motion must precisely indicate the requested evidentiary means. For a witness, provide personal details and specific circumstances (capitoli di prova) they will testify about. For documents, attach them or indicate their availability. It is crucial that the subject of the evidence is specific and not generic. edit.legal assists in structuring the testimony points logically, starting from the facts alleged in the indictment and cross-referencing them with new circumstances emerged during the trial stage.
4.
Linking to trial findings
An effective motion must explain how the new evidence fits into the materials already acquired. If a witness provided an unexpected account of facts, the Art. 507 c.p.p. request serves to confirm or rebut that account through new evidence. You should reference previous hearing transcripts and key passages of testimonies already given. This approach shows the court that the request is not an attempt to bypass deadlines due to negligence, but a necessary response to unpredictable or decisive procedural developments.
5.
Requesting the right to rebuttal evidence
When drafting the document, remember that admitting evidence under Art. 507 c.p.p. always triggers the opposing parties' right to rebuttal evidence (prova contraria). The motion must be drafted without infringing upon the adversarial principle. If the court admits evidence on its own motion or upon request, it must still guarantee other parties the opportunity to present evidence to refute the new element. Including a safeguard clause regarding the right to rebuttal helps prevent nullity claims related to violations of the fair trial principle.

Legal basis: Art. 507 c.p.p.Art. 190 c.p.p.Art. 495 c.p.p.Art. 111 Costituzione

Mistakes to avoid

Submitting the motion before all previously admitted evidence has been presented.
Requesting evidence for exploratory purposes without indicating the specific facts to be proven.
Failing to explain why the evidence was not requested within the standard witness list deadlines.
Omitting contact details or full personal information for the newly requested witnesses.

Frequently asked questions

Can Art. 507 c.p.p. be used if no witness list was filed?

Yes, established case law permits the use of Art. 507 c.p.p. even when parties have forfeited their right to request evidence due to failure to file the witness list (lista testimoniale) under Art. 468 c.p.p., provided absolute necessity is proven.

Is it possible to appeal the order rejecting an Art. 507 c.p.p. motion?

The trial order rejecting the motion cannot be appealed independently, but it can be challenged together with the final judgment by alleging the failure to admit decisive evidence.

What is the limit of the court's power under Art. 507 c.p.p.?

The primary limit is the absolute necessity for the fact-finding process. The judge cannot entirely replace the parties in defining defense or prosecution strategies but must intervene to fill gaps that prevent a fair decision.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 17 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

—Analysis of hearing transcripts to extract contradictions justifying absolute necessity.
—Automatic generation of testimony points based on the correlation between indictment counts and new findings.
—Consistency check of the motion against the procedural deadlines set by the Italian Code of Criminal Procedure.