Practical guide

How to draft the rinuncia al ricorso (waiver of appeal) under Art. 390 c.p.c. with AI

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

The rinuncia al ricorso (waiver of the appeal to the Corte di Cassazione) is the procedural tool by which the appellant expresses the will to terminate the proceedings. This guide analyzes the formal and substantive requirements under Art. 390 c.p.c. to ensure the validity of the act.

In brief

The rinuncia al ricorso under Art. 390 c.p.c. can be filed until the start of the adunanza in camera di consiglio (chamber meeting) or the pubblica udienza (public hearing). The document must be signed by the party and counsel with a procura speciale (special power of attorney), or by counsel alone if specifically authorized. After being served to counter-parties and filed with the registry, the court declares the termination of the proceedings. Typically, the waiving party is liable for legal costs, unless a different agreement is reached between the parties.

The steps

1.
Verification of timing requirements
The waiver must be drafted and presented before the commencement of the public hearing or the chamber meeting. edit.legal suggests monitoring the Corte di Cassazione's calendar closely, as a late waiver does not produce an immediate extinctive effect, although it may be relevant for soccombenza virtuale (virtual defeat) or the assessment of procedural conduct. The deadline is mandatory: once the rapporteur has started the presentation during the hearing, the waiver can no longer be effectively pursued through the ordinary forms of Art. 390 c.p.c.
2.
Signature and procura speciale (special power of attorney)
For the waiver to be valid, the act must be signed personally by the party and their lawyer. Alternatively, it can be signed exclusively by the counsel, provided they hold a procura speciale that explicitly grants the power to waive the proceedings. If the power of attorney granted for the appeal does not include this specific authority, a new authenticated power of attorney must be provided, otherwise the waiver will be deemed inadmissible.
3.
Drafting the essential content
The document must include the identification details of the appeal, such as the General Registry number (R.G.) and the parties involved. The intention to waive the appeal and all related claims must be expressed unequivocally. It is advisable to specify whether there is an agreement between the parties regarding the compensation of legal costs, attaching any acceptance from counter-parties to avoid an ex officio order for costs by the Corte di Cassazione, as provided by Art. 391 c.p.c.
4.
Service of process to counter-parties
The waiver must be notificata (served) to the other parties who have appeared or who have a right to participate in the proceedings. Service ensures that counter-parties are informed of the appellant's intent and can potentially agree to the compensation of costs. Although the waiver does not require acceptance from other parties to be effective for termination purposes, service is a mandatory procedural step to allow for proper dialogue regarding the allocation of legal expenses.
5.
Electronic filing of the document
The final step involves filing the waiver with the Corte di Cassazione registry through the Processo Civile Telematico (PCT, or Electronic Civil Trial system). Along with the document, proof of service and, if necessary, the special power of attorney must be filed if not already present in the records. edit.legal recommends verifying the delivery receipts from the electronic system to ensure the document is included in the file before the decision or the scheduling of the meeting.

Legal basis: Art. 390 c.p.c.Art. 391 c.p.c.Art. 83 c.p.c.Art. 306 c.p.c.

Mistakes to avoid

Failure to have the party sign the document if the lawyer lacks a procura speciale specifically for the waiver.
Omission of serving the waiver notice to the counter-parties who have appeared.
Filing the waiver after the commencement of the oral argument in public hearing.
Failure to state the agreement on cost compensation, leading to an automatic order for payment.

Frequently asked questions

Does the rinuncia al ricorso (waiver of appeal) require acceptance by the counter-parties?

No, unlike the waiver of proceedings in lower courts under Art. 306 c.p.c., a rinuncia in Cassazione does not require acceptance by the counter-parties to result in the termination of the case.

What happens to legal costs in the event of a waiver?

In the absence of an agreement between the parties for compensation, the Corte di Cassazione orders the waiving party to pay the costs incurred by the other parties, as provided by Art. 391 c.p.c.

Is it possible to partially waive an appeal with multiple grounds?

Yes, it is possible to waive only some grounds of appeal. However, such a partial waiver does not terminate the proceedings but results in the abandonment of the specific complaints covered by the waiver.

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

—edit.legal automatically generates the waiver template by integrating data from the original appeal.
—The AI checks for cost compensation clauses based on uploaded settlement agreements.
—The system alerts the user if a special power of attorney is missing from the case documents.
—Optimization of electronic service with automatic verification of recipients' PEC email addresses.