Conciseness and Clarity in the structure of Italian defence pleadings: a Comparative Overview in a European perspective

This chapter investigates the structure of pleadings in a comparative perspective. First, it analyses the situation in Italy, focusing especially on the Protocol of March 1st, 2023, between the Supreme Court, the General Prosecution Office, the Attorney General of Italy and the National Bar Association. The Protocol elaborates on the principles of conciseness and clarity recently introduced by the Government’s amendments to the Italian code of civil procedure. The question of the effectiveness of lawyers’ writing is then addressed from an international perspective, through a comparison between civil law and common law courts. Finally, the chapter highlights how empirical research can contribute to clarity and conciseness in legal writing and, as a consequence, to the overall smoothness of proceedings.