Practical guide

How to draft the relata di notifica (service of process report) under Art. 149 c.p.c. with AI

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

The notificazione a mezzo posta (service of process by mail) is a core method for delivering civil court documents in Italy, governed by Art. 149 c.p.c. and Law 890/1982. This guide examines how to correctly structure the relata (service report) to ensure the validity of the proceedings.

In brief

The relata di notifica (service report) under Art. 149 c.p.c. must specify the post office, the package tracking number, and the identities of the parties. Service is perfected at different times: for the notificante (claimant) upon delivery to the ufficiale giudiziario (bailiff), and for the destinatario (recipient) upon actual receipt or compiuta giacenza (constructive notice). By using edit.legal, practitioners can automate the verification of formal requirements and monitor shipping timelines, minimizing the risks of procedural nullity.

The steps

  1. 1.

    Identification of requirements and the document

    Before proceeding, ensure the document is suitable for postal service. The ufficiale giudiziario (bailiff) must clearly indicate the judicial authority and the parties. If the lawyer requests service, their professional capacity must be specified. edit.legal helps generate the correct heading by automatically importing party data from the digital case file, ensuring consistency between the main document and the relata (service report).

  2. 2.

    Drafting the report on the original and the copy

    Under Art. 148 c.p.c., the ufficiale giudiziario writes the report at the end of both the original and the copy of the document. For postal service, the report must certify the mailing of the plico raccomandato (registered letter). It must include the specific post office of origin and the tracking number of the avviso di ricevimento (acknowledgment of receipt). Missing these details may compromise the certainty of the mailing, potentially leading to nullity if the intended purpose is not met.

  3. 3.

    Managing the principle of scissione soggettiva

    It is essential to distinguish between the two moments of scissione soggettiva (separated effectiveness). For the notificante (claimant), service is deemed performed when the document is handed to the ufficiale giudiziario for mailing. This date is critical to avoid statutory deadlines. For the destinatario (recipient), the response period begins upon actual receipt or on the tenth day of giacenza (storage) at the post office. edit.legal facilitates the calculation of these differentiated timelines by flagging upcoming deadlines based on uploaded receipts.

  4. 4.

    Verification of the avviso di ricevimento

    The avviso di ricevimento (acknowledgment of receipt, often called the 'green card') constitutes proof of service. It must be returned to the notificante (claimant) and attached to the original document. You must check that it was signed by the recipient, a cohabiting family member, or an office/building employee. If delivery fails due to the recipient's absence, verify the dispatch of the Comunicazione di Avvenuto Deposito (Notice of Deposit or CAD). edit.legal can analyze scans of these notices to automatically detect the effective service date.

  5. 5.

    Filing the served document

    The document, complete with the relata and the avviso di ricevimento, must be electronically filed in the case record. The scan must be clear and include all parts of the receipt (front and back). Failure to file proof of service by the hearing or the court-ordered deadline prevents the case from proceeding. edit.legal automates the creation of the nota di deposito (filing note) and the assembly of PDFs for submission via the Processo Civile Telematico (Electronic Civil Trial or PCT).

Legal basis: Art. 149 c.p.c.Art. 148 c.p.c.Legge 20 novembre 1982, n. 890Art. 160 c.p.c.Art. 4 Legge 53/1994 (per notifiche in proprio)

Mistakes to avoid

  • Failure to attach the original acknowledgment of receipt or the Notice of Deposit (CAD) in case of storage.
  • Confusing the mailing date with the receipt date when calculating the time to appear in court.
  • Recipient address being incomplete or outdated compared to official registry records.
  • Failure of the bailiff or the serving lawyer to sign the service report (relata).

Frequently asked questions

What happens if the bailiff fails to indicate the package number in the report?

The omission may result in an irregular service. However, if the acknowledgment of receipt produced in court allows for a unique link between the mailing and the document, the defect is cured by the achievement of the purpose under Art. 156 c.p.c.

When is service perfected if the recipient refuses to accept the package?

Refusal to accept the package is equivalent to delivery. In such cases, the postal agent notes the refusal on the acknowledgment of receipt, and service is deemed perfected for the recipient on that same date.

Is it possible to serve a summons for appeal via mail?

Yes, service by mail is permitted for all civil documents, including introductory acts for appeals, provided the bailiff or the lawyer (if authorized) adheres to the procedures prescribed by law.

Avv. Federico Papa
Editorial oversight: Avv. Federico Papa·ICAMContent 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 generation of service report text compliant with Law 890/1982.
  • —Calculation of differentiated service effectiveness dates for all parties.
  • —Verification of personal data completeness extracted from official registers.
  • —Automatic organization of attachments (CAD and receipts) for electronic filing.

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