Practical guide

How to draft an objection of procedural nullity under Art. 157 c.p.c. with AI

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

The objection of nullity under Art. 157 c.p.c. is the primary tool for challenging procedural defects that the Judge cannot detect ex officio. Proper drafting requires strict adherence to timelines and a rigorous check of the party's standing to object.

In brief

The objection of procedural nullity (eccezione di nullità) under Art. 157 c.p.c. applies to relative nullities that the Judge cannot raise ex officio. A party must raise the objection at the first available procedural opportunity (prima istanza o difesa successiva) after gaining knowledge of the defect. Standing is denied to the party who caused the defect or waived the right to object. Drafting involves identifying the specific violation and the actual prejudice caused to the right to be heard (contraddittorio).

The steps

1.
Classification of the nullity
Before drafting the objection, you must determine whether the defect is a relative nullity (subject to party objection) or an absolute nullity (detectable ex officio). Art. 157 c.p.c. sets the general rule that nullity is only per party request unless the law states otherwise. The lawyer must verify if the violated rule protects public interest or party interest. In edit.legal, this analysis can be accelerated by uploading the defective deed to identify the nature of the flaw according to statutory parameters.
2.
Verification of the deadline
The second paragraph of Art. 157 c.p.c. imposes a duty of promptness: the nullity must be raised in the first motion or pleading following the act or the discovery of it. If the party is present during the defective act (e.g., a hearing), the objection must be raised immediately before the next step. Lateness results in the curing (sanatoria) of the nullity through waiver. It is essential to document in the objection the exact moment of discovery to prove compliance with the deadline.
3.
Analysis of standing
Not everyone can raise an objection. According to Art. 157 par. 3 c.p.c., the objection cannot be proposed by the party who caused it (through their own error or omission), nor by the party who waived it, even tacitly. The professional must evaluate their client's conduct to prevent the objection from being dismissed as inadmissible. The drafting must clarify that the nullity resulted from an error by the opposing party or the Judge, outside the control of the party raising the defect.
4.
Description of the defect and prejudice
The deed must contain an analytical description of the formal non-compliance. Merely citing the rule is insufficient: you must explain how the deed lacks the essential formal requirements to achieve its purpose (art. 156 c.p.c.). While case law is strict, it is advisable to illustrate the concrete prejudice suffered regarding the right of defense or the fair trial principle. edit.legal helps structure this paragraph by linking the procedural violation to the negative procedural consequences suffered by the party.
5.
Drafting the conclusions
In the conclusions of the pleading (or the hearing minutes), you must explicitly request the declaration of nullity for the defective act and all subsequent dependent acts (art. 159 c.p.c.). If possible, request the renewal of the act at the expense of the party or the clerk who caused the defect. Precise drafting prevents interpretative doubts for the Judge and ensures that the effect of the nullity correctly extends to sequential acts of the trial, preserving the integrity of the proceedings.

Legal basis: Art. 157 c.p.c.Art. 156 c.p.c.Art. 158 c.p.c.Art. 159 c.p.c.Art. 161 c.p.c.

Mistakes to avoid

Raising the objection after the first instance or pleading following the discovery of the defect.
Objecting to a nullity that the party caused (e.g., an error in one's own service of process).
Failing to specify the concrete prejudice, relying only on an abstract citation of the rule.
Confusing the nullity of the act with legal non-existence (inesistenza), which follows different rules.
Forgetting to request the renewal of the void act in the final conclusions.

Frequently asked questions

What happens if the objection is raised late?

The objection is inadmissible and the nullity is considered cured (sanata) by the party's acquiescence, unless it is an absolute nullity detectable ex officio at any stage of the proceedings.

Does the nullity of one act always affect subsequent ones?

Yes, but only if the subsequent acts are dependent on the void one. Pursuant to Art. 159 c.p.c., the nullity of an act does not affect prior acts or subsequent acts that are independent of it.

Can one object to a nullity caused by their own technical expert (CTP)?

No, as the conduct of a party's experts is attributable to the party itself. Art. 157 par. 3 prevents objecting to defects caused by the party or its representatives/experts.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 18 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

—Automated analysis of hearing minutes to identify the final deadline (first subsequent instance) for raising the objection.
—Generation of specific clauses to prove the party did not contribute to causing the defect under Art. 157 par. 3.
—Intelligent checklist to distinguish between relative nullities and absolute nullities detectable ex officio.
—Drafting of the section on the consequences of nullity with automatic reference to the extension of effects under Art. 159 c.p.c.