Order No. 18531 of 2024: Withdrawal of Appeal to the Supreme Court and Its Implications

The recent order of the Supreme Court No. 18531 of July 8, 2024, offers an important reflection on the terms and methods of withdrawing an appeal to the Supreme Court. This ruling definitively clarifies when withdrawal is possible and what the consequences of such a choice are, which is essential for all those facing the Italian legal system.

The Regulatory Context

According to Article 390 of the Code of Civil Procedure (c.p.c.), the appellant has the right to withdraw their appeal until a certain point in the proceedings. The Court, in its order, clarified that withdrawal is valid until the report at the hearing begins or until the date of the chamber hearing. This implies that once the case has reached the chamber hearing, the possibility of withdrawal is precluded.

Judgment of the Supreme Court - Timely period for withdrawal of appeal - Identification - Withdrawal after the chamber hearing set by a chamber session - Relevance - Exclusion - Basis. In the Supreme Court judgment, the appellant may withdraw the appeal, pursuant to art. 390 c.p.c., until the report at the hearing has begun or until the date of the chamber hearing or until the written conclusions of the Attorney General have been notified to them in the cases referred to in art. 380-ter c.p.c., with the consequence that withdrawal after the chamber hearing of the scheduled chamber session is devoid of effect, as the decision-making process has already concluded.

Implications of the Ruling

The Court therefore reiterated that withdrawal made after the chamber hearing has no legal effect. This is a crucial aspect for lawyers and their clients, as it emphasizes the importance of acting promptly during the proceedings. It is not uncommon for appellants, in situations of uncertainty or after examining the Attorney General's conclusions, to decide to withdraw the appeal. However, the ruling clarifies that such a decision, if made after a certain point, is irrelevant.

• Withdrawal valid until the start of the report at the hearing.
• Possibility of withdrawal until the date of the chamber hearing.
• Withdrawal after the chamber hearing is devoid of effect.

Conclusions

Ruling No. 18531 of 2024 represents an important guide for the correct approach to Supreme Court proceedings. The clarity provided by the Supreme Court on the timing and methods of withdrawing an appeal is fundamental to avoiding procedural errors that could compromise the appellant's defense. It is therefore essential that lawyers and clients are always informed and prepared to make timely and informed decisions during the process.