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Par. 180
Hearing of first appearance and form of treatment
In the hearing fixed for first appearance of the parties the investigating judge verifies officially the regularity of the debate, and when it is necessary, he pronounces actions foreseen from paragraph 102, second sub-section, paragraph 164, 167, 182 and paragraph 291 first sub-section. The treatment of action in front of investigating judge is orally. If requested, the investigating judge can authorize communication from appearances according to last sub-section of paragraph 170. in any case fixes to a following date the first appearance of treatment, giving to defendant a peremptory term not shorter than twenty days before such hearing in order to propose necessary process exceptions not officially noticeable. An oral action is draft on the matter, including the conclusion of the parties and the measures that the judge pronounces during the action (126,130,183,184,189,att. 84).
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Par. 180.
Form of treatment
The treatment of action is orally, as well as the related process.
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Par. 183
First appearance of treatment
During the first hearing of treatment the investigating judge freely interviews the parties, and when the king of action make it possible he tries to arrange reconcilement (185). The missed appearance of the parties without justified reason is a matter valuable according to second sub-section of paragraph 116. the parties are entitled to assign their representation to a general or special attorney who must be aware of reasons of the action. The power must be granted by public act or simple, authenticated contract, and must be give to attorney the power to conciliate or compromise the controversy (84). The missed knowledge, without serious reasons, of facts related to the process on behalf of attorney, is valuable according to second sub-section of paragraph 116. The judge asks to involved parties the necessary explanations. He indicates the matters officially noticeable he thinks useful to be treated. In the same hearing the plaintiff can propose the questions and exceptions following to re conventional demand or exceptions proposed by defendant (167, 180). The judge can the authorization to call a third person according to paragraphs 106 e 269, third sub-section, if the requirement comes from defendant needs. Both the parties can specify and modify the questions, exceptions and conclusions already expressed. If required, the judge fixes a peremptory term not above thirty days for the bail of memories containing specifications or modifications of questions, exceptions and conclusions already purposed. He gives in addiction to the parties a following peremptory term not above thirty days to reply to questions and new exceptions or modified from the other party and to purpose the exceptions which in the Text in force are the result of the same questions and exceptions. By the same order the judge fixes the hearing for steps as per paragraph 184.
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Par. 183
First appearance of the parties and treatment of the action
During the hearing fixed for first appearance of the parties and treatment, the investigating judge verifies officially the regularity of the debate, and when it is necessary, he pronounces actions foreseen from paragraph 102, second sub-section, paragraph 164, 167, 182 and paragraph 291 first sub-section. When he pronounces measures as per first sub-section, the judge fixes a new hearing for treatment. The investigating judge, in case of combined request, fixes the hearing for personal appearance of the parties in order to interview them freely. The missed appearance without serious reasons is valuable according to second sub-section of paragraph 116. When the personal appearance is arranged, the parties are entitled to assign their representation to a general or special attorney who must be aware of reasons of the action. The power must be granted by public act or simple, authenticated contract, and must be give to attorney the power to conciliate or compromise the controversy. The missed knowledge, without serious reasons, of facts related to the process on behalf of attorney, is valuable according to second sub-section of paragraph 116. In the hearing of treatment or during the one eventually fixed according to third sub-section, the judge asks to the parties, according to attached facts, the necessary explanations and he shows the questions officially noticeable he thinks such important as to be treated. During the same hearing the plaintiff can propose questions and exceptions subsequent to re conventional demand or to exceptions of Text in force from 12 September 2005 proposed by the defendant. The judge can the authorization to call a third person according to paragraphs 106 e 269, third sub-section, if the requirement comes from defendant needs. Both the parties can specify and modify the questions, exceptions and conclusions already expressed. If required, the judge fixes a peremptory term not above thirty days for the bail of memories containing specifications or modifications of questions, exceptions and conclusions already purposed and to produce and supply new proof. He gives in addiction to the parties a following peremptory term not above thirty days to reply to questions and new exceptions or modified from the other party to purpose exception which are the result of the same questions and exceptions and to indicate an opposite proof. Excepted the application of paragraph 187, the judge reserves to provide on investigation requests with order pronounced off the hearing within a term not above thirty days fixing the hearing as per paragraph 184 regarding the assumption of proof considered acceptable and important. The order as per sixth sub-section is referred from the registrar within the following three days to the bail by fax, only if the number has been indicated in the defence acts, or by e-mail according to related rules, regarding legislation on subscription, transmission and reception of informative documents by using telecommunication way. To this end, the counsel of the defence shows in the first defensive act the fax number or e-mail address where he intends to receive the notice.
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Par. 184
Preliminary deductions
Except for application of paragraph 187, the investigating judge admits the proposed proof if he thinks they are acceptable and important; or on one’s party solicitation he adjourns a hearing, giving a term by which parties can produce documents (att. 87) and state new proof or other term for indication of any other opposite proof. Terms referring to previous sub-section are peremptory (att. 153). In case of proof officially arranged, each party can deduce within a peremptory term assigned from the judge, the necessary proof related to the formers.
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Par. 184
Preliminary deductions
Hearing for undertaking of proof. – During the hearing fixed by order provided for sixth sub-section of paragraph 183, the investigating judge proceeds to undertake the admitted proof. In case of proof officially arranged, each party can deduce within a peremptory term assigned from the judge, by order related to previous sub-section, the necessary proof related to the formers.
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