Practical guide

How to draft the renewal of the summons under Art. 291 c.p.c. with Artificial Intelligence

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

The rinnovazione della citazione (renewal of the summons) is a mandatory step when a civil judge, noting the defendant's default (contumacia), identifies a defect in the service of process. This mechanism allows the curing of the procedural relationship, preventing the dismissal of the case.

In brief

The renewal of the summons, governed by Art. 291 c.p.c., must be drafted following a judicial order that sets a peremptory deadline for re-service. If the defendant fails to appear and the service is found null and void, the renewal cures the defect with retroactive effect (ex tunc), preserving any rights that would have expired after the first service. Failure to comply with the deadline or the renewal order results in the immediate extinction of the legal proceedings.

The steps

1.
Analysis of the judicial order
The first step involves a careful examination of the court order in which the judge, having found the service null and void, orders the renewal. It is essential to precisely identify the peremptory deadline granted. If the judge does not explicitly set a new hearing date, the document must include a new summons to appear, respecting the notice periods provided by Art. 163 bis c.p.c. It is advisable to check the judicial order to see if the judge specified any particular service methods or necessary integrations.
2.
Drafting the preamble and references
The renewal document is not a new legal claim but a repetition of the previous one. In the preamble, it is fundamental to reference the details of the original summons, the date of the first defective service, and the judicial order that mandated the renewal. This ensures procedural continuity and the retroactive effect (ex tunc). The objective elements of the claim, such as the petitum (prayer for relief) and the causa petendi (cause of action), must not be modified to avoid introducing inadmissible new claims.
3.
Reiteration of the summons to appear
The document must contain the full text of the original summons or, at least, reference it so that there is no doubt about the subject of the claim. A new vocatio in ius (summons to appear) must be issued, inviting the defendant to enter an appearance within the statutory period or a shortened period if authorized. Utmost attention must be paid to the correct indication of the forfeitures the defendant might incur in case of failure or late appearance, updating the formulas to match recent procedural reforms.
4.
Service of the renewed document
Service must be performed within the peremptory deadline assigned by the judge. It must be directed to the defaulting defendant at their residence, dwelling, or domicile, following standard rules. If the original defect concerned the identification of the recipient, the renewed document must correct those errors. Compliance with the deadline is perfected for the notifying party upon delivery of the document to the court bailiff or via certified email (PEC), depending on the method used.
5.
Electronic filing of proof
Once service is completed, the lawyer must electronically file the renewal document along with the proof of service, return receipt or PEC receipts. This filing must occur promptly to allow the judge, at the subsequent hearing, to verify the regularity of the cure. It is necessary to archive and link the proof of service to the digital file in accordance with the rules of the electronic civil trial (processo civile telematico).

Legal basis: Art. 291 c.p.c.Art. 163 c.p.c.Art. 163 bis c.p.c.Art. 164 c.p.c.Art. 156 c.p.c.

Mistakes to avoid

Failure to explicitly reference the judicial order that mandated the renewal.
Arbitrary modification of the petitum (prayer for relief): compared to the original document.
Error in calculating the notice period, failing to respect the clear days required by Art. 163 bis c.p.c.
Forgetting to attach the proof of the new service to the electronic file before the hearing.

Frequently asked questions

What happens if the renewal deadline is not met?

Failure to comply with the peremptory deadline set by the judge results in the extinction of the proceedings, which can also be raised by the court ex officio.

Does renewal also cure defects related to the content of the document?

No, Art. 291 c.p.c. specifically concerns the nullity of the service. The editio actionis (statement of claim) is governed by Art. 164 c.p.c.

Is it possible to request an extension of the renewal deadline?

Since it is a peremptory deadline, extensions are generally excluded, except in exceptional cases of restoration of terms due to causes not attributable to the party.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 13 October 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

—Automatic verification of compliance with the formal requirements of Art. 163 c.p.c.
—Intelligent monitoring of peremptory deadlines set by the judge for service.
—Simplified generation of the new summons by retrieving data from the original document.