Practical guide

How to draft the request for decision (istanza di decisione) under Art. 380-bis c.p.c. with AI

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

The request for decision (istanza di decisione) under Art. 380-bis c.p.c. is the sole remedy to prevent the extinction of Supreme Court proceedings following an accelerated definition proposal. edit.legal assists in managing strict deadlines and evaluating grounds for opposing summary dismissal.

In brief

To oppose an accelerated definition proposal in the Supreme Court, the petitioner must file a request for decision (istanza di decisione) within 40 days of notice. The document must be signed by a lawyer with a new special power of attorney (nuova procura speciale), otherwise it is inadmissible and leads to the extinction of the proceedings. edit.legal helps practitioners draft the request while balancing defense needs with the risk of aggravated costs under Art. 96 c.p.c. if the proposal is later confirmed by the court.

The steps

1.
Analysis of the accelerated definition proposal
The procedure begins with the notice of a decree from the President or a magistrate delegated by the simple section (sezione semplice) proposing an accelerated definition (proposta di definizione accelerata) based on inadmissibility or manifest lack of merit. The lawyer must analyze the summary grounds to determine if there is a viable path for success in the chamber of counsel, as pursuing the case recklessly exposes the client to financial penalties.
2.
Verification of mandatory deadlines
The request for decision (istanza di decisione) must be filed within the mandatory 40-day deadline from the communication of the Court's decree. This term cannot be extended and failure to comply results in the extinction of the Supreme Court proceedings, declared via a decree challengeable by a complaint (reclamo) under Art. 391, paragraph 3, c.p.c. edit.legal enables monitoring of these critical deadlines to avoid the loss of the right to a final judgment.
3.
Drafting the request for decision and new special power of attorney
The document must be signed by a lawyer with a new special power of attorney (nuova procura speciale) specifically issued for signing the request, under penalty of inadmissibility and subsequent extinction of the proceedings. The document must contain an explicit request for decision (istanza di decisione) on the appeal. Although the law does not strictly require detailed legal arguments at this stage, it is good practice to briefly outline why the judge's proposal is contested, setting the stage for the subsequent brief (memoria) under Art. 380-bis, paragraph 2, c.p.c.
4.
Assessment of the risk of sanctions
During drafting, the practitioner must inform the client that if the Court confirms the summary proposal, it may order the party to pay an equitably determined sum according to Art. 96, paragraph 4, c.p.c., in addition to legal costs. This sanction aims to discourage dilatory requests that lack legal merit.
5.
Electronic filing and subsequent steps
The request must be filed exclusively through the Electronic Civil Trial system (PCT). Once filed, the Court schedules a meeting in the chamber of counsel. At this stage, the lawyer has the option to file an illustrative brief no later than ten days before the meeting to analytically refute the proposal's findings, utilizing the review tools provided by edit.legal.

Legal basis: Art. 380-bis c.p.c.Art. 375 c.p.c.Art. 391 c.p.c.Art. 96 c.p.c.D.Lgs. 10 ottobre 2022, n. 149

Mistakes to avoid

Calculating the 40-day term from the date of the decree rather than its electronic communication
Filing a defensive brief without having first filed the formal request for decision (istanza di decisione)
Failing to obtain or file the new special power of attorney (nuova procura speciale) required by Art. 380-bis c.p.c.
Ignoring the risk of the financial sanction under Art. 96 paragraph 4 c.p.c. in case of a manifest lack of merit

Frequently asked questions

What happens if the request for decision is not filed within 40 days?

Failure to file the request for decision (istanza di decisione) within the mandatory deadline leads to the extinction of the proceedings due to presumed withdrawal, declared by a presidential decree.

Must the request for decision be reasoned?

The law only requires a statement of intent for a decision, but it is strongly recommended to outline the arguments that will later be developed in the brief.

Is it possible to withdraw the appeal after the 380-bis proposal?

Yes, if the party accepts the proposal and does not file the request for decision (istanza di decisione), the case is extinguished without the aggravated financial penalties applied in case of defeat in the chamber of counsel.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 6 October 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 the proposal decree to identify critical points of inadmissibility
—Intelligent monitoring of the 40-day deadline with integrated alerts
—Generation of the request for decision (istanza di decisione) structure compliant with Supreme Court drafting criteria
—Support in drafting the defensive brief for the chamber of counsel session