in via istruttoria:consulenza tecnica d'ufficio

English translation: At pre-trial stage - Court-appointed expertise

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:in via istruttoria:consulenza tecnica d'ufficio
English translation:At pre-trial stage - Court-appointed expertise
Entered by: Carmen Iulia Ciumarnean

09:27 Jul 20, 2008
Italian to English translations [PRO]
Law/Patents - Law (general)
Italian term or phrase: in via istruttoria:consulenza tecnica d'ufficio
In via istruttoria:consulenza tecnica d'ufficio
Carmen Iulia Ciumarnean
Local time: 10:19
At pre-trial stage - Court-appointed expertise
Explanation:
A CTU as it is called is when a judge needs an independent assessment or technical expertise on a certain question (one of the last cases I had regarded a Spanish client that refused to pay the balance on a machine they purchased because, according to them, it was not fit to produce the PET trays as per their technical specifications - the case was further complicated by the Italian machine manufacturer being declared bankrupct and going into liquidation).

When the judge may not fully understand the technical implications, he/she will order a CTU and appoint an expert. The parties to the case may also appoint their own experts (CTP - consulenti tecnici di parte).

By the way, the above case was settled out of court.

Alison

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Note added at 38 mins (2008-07-20 10:05:06 GMT)
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Wendell - thanks for your comments. Under Italian civil procedural law for dispute resolution , the judge will only ask for a CTU before hearing a case and fixing the date for deciding on the merits. This stage is also often used to try and get the parties to a case to settle and a CTU may well have instructions from a judge to work in this direction. This means a lot of "haggling". In the case I mentioned above, I sat through 12 hours of "negotiations" with no food and one glass of water - with poor expert (mechanical engineer) trying to keep the Italians and Spanish on their respective sides of the table!

I would be wary about using "Discovery" as I think that this is a criminal/penal term.
Selected response from:

Alison Kennedy
Italy
Local time: 09:19
Grading comment
thanks a lot
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1At pre-trial stage - Court-appointed expertise
Alison Kennedy


Discussion entries: 3





  

Answers


13 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
At pre-trial stage - Court-appointed expertise


Explanation:
A CTU as it is called is when a judge needs an independent assessment or technical expertise on a certain question (one of the last cases I had regarded a Spanish client that refused to pay the balance on a machine they purchased because, according to them, it was not fit to produce the PET trays as per their technical specifications - the case was further complicated by the Italian machine manufacturer being declared bankrupct and going into liquidation).

When the judge may not fully understand the technical implications, he/she will order a CTU and appoint an expert. The parties to the case may also appoint their own experts (CTP - consulenti tecnici di parte).

By the way, the above case was settled out of court.

Alison

--------------------------------------------------
Note added at 38 mins (2008-07-20 10:05:06 GMT)
--------------------------------------------------

Wendell - thanks for your comments. Under Italian civil procedural law for dispute resolution , the judge will only ask for a CTU before hearing a case and fixing the date for deciding on the merits. This stage is also often used to try and get the parties to a case to settle and a CTU may well have instructions from a judge to work in this direction. This means a lot of "haggling". In the case I mentioned above, I sat through 12 hours of "negotiations" with no food and one glass of water - with poor expert (mechanical engineer) trying to keep the Italians and Spanish on their respective sides of the table!

I would be wary about using "Discovery" as I think that this is a criminal/penal term.

Alison Kennedy
Italy
Local time: 09:19
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 624
Grading comment
thanks a lot

Peer comments on this answer (and responses from the answerer)
agree  Tom in London: good!
17 mins
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