How to sign, authenticate and file a digital power of attorney (procura alle liti)

The steps

1. 1.

   Prerequisites and necessary tools

   Before proceeding, both the client and the lawyer must have a valid digital signature device (smart card or USB token) or a remote signature service. The defense counsel must also have access to their drafting software for the Electronic Civil Trial (PCT) and possess a PEC (Certified Email) address registered in the ReGIndE. The document containing the power of attorney must be generated in a textual PDF format, without security restrictions that would prevent the application of cryptographic signatures.

2. 2.

   Digital signature by the client

   The client must apply their digital signature to the PDF file of the power of attorney. The law allows the use of a qualified electronic signature (FEQ) or a digital signature (CAdES or PAdES format). If the client uses the PAdES format, the file will retain the .pdf extension. If they use the CAdES format, the file will take the .pdf.p7m extension. It is the lawyer's responsibility to verify beforehand that the client's signature certificate is not expired or revoked, using the verification software provided by accredited certifiers.

3. 3.

   Electronic authentication by the defense counsel

   Upon receiving the signed file from the client, the lawyer must authenticate the signature. In the digital context, authentication is achieved by applying the defense counsel's digital signature to the same electronic file already signed by the client. If the file is in .pdf.p7m format, the lawyer will add their signature in CAdES format, creating a multiple or nested signature. This operation certifies the authenticity of the client's signature pursuant to Article 83 of the Code of Civil Procedure.

4. 4.

   Insertion into the electronic envelope

   The power of attorney file, now bearing the digital signatures of both the client and the lawyer, must be uploaded into the PCT drafting software. During the creation of the electronic envelope, the document must be specifically classified as 'Procura alle liti' and linked to the main deed (e.g., writ of summons, petition, or appearance brief). The drafting software's IT system will perform a formal check on the signatures present. Any anomalies in the certificates will be reported at this stage, allowing for correction before submission.

5. 5.

   Frequent system errors and resolution

   A common error during filing is 'Invalid or untrusted signature certificate'. This occurs if the signature software does not have updated Certificate Revocation Lists (CRL) or if an expired certificate is used. Another frequent block concerns the file extension: the ministerial system rejects compressed files or formats not permitted by technical specifications. In the event of a blocking error (FATAL outcome), it is necessary to recreate the electronic envelope, ensuring that the power of attorney file strictly complies with the allowed PAdES or CAdES formats.

6. 6.

   Verification of the filing outcome

   After sending the electronic envelope via PEC, the lawyer must monitor the four PCT receipts. The filing is perfected for the sender at the moment of the generation of the second receipt (Receipt of Successful Delivery - RAC). It is crucial to open and read the XML file attached to the third receipt to verify the absence of error messages (WARN or ERROR codes) related to the digital signatures applied to the power of attorney.

Legal basis: Art. 83 c.p.c. (Procura alle liti)D.Lgs. 82/2005 (Codice dell'Amministrazione Digitale - CAD), artt. 20 e 24D.M. 44/2011 (Regole tecniche per l'adozione nel processo civile e penale delle tecnologie dell'informazione)Provvedimento DGSIA 16 aprile 2014 (Specifiche tecniche PCT)