How to serve documents personally via PEC (Certified Email)

The steps

1. 1.

   Verification of prerequisites and IT tools

   Before proceeding, the lawyer must ensure they possess a PEC address registered in the ReGIndE (General Registry of Electronic Addresses) and a valid digital signature device. It is crucial to identify the recipient's PEC address exclusively through public registries provided by law, such as INI-PEC for businesses and professionals, ReGIndE for external authorized subjects, or INAD for citizens. Using addresses found elsewhere renders the service null or non-existent. Also, verify that your PEC mailbox has sufficient space to receive the receipts.

2. 2.

   Preparation of the document to be served

   The document to be served must be a native digital document, saved in PDF format without restrictions on text selection and copying. If it is a judge's order or a document extracted from the electronic file, you must download the digital duplicate (duplicato informatico) or the digital copy (copia informatica). In the case of a digital copy, the lawyer must affix a declaration of conformity to the original, which can be included within the service report or on a separate document, always digitally signed.

3. 3.

   Drafting and signing the service report (relata di notifica)

   The service report must be drafted as a separate digital document. It must contain the precise indication of the judicial office, section, and docket number if the service is during pending litigation, in addition to the data of the sender and recipient. It is mandatory to specify the public registry from which the recipient's PEC address was extracted. Once completed and converted to PDF, the report must be digitally signed by the lawyer. The use of PAdES or CAdES format is recommended, depending on current technical specifications.

4. 4.

   Composing and sending the PEC message

   The PEC message must have as its subject the exact and mandatory wording required by law: 'Notificazione ai sensi della legge n. 53 del 1994'. Any variation in the subject line can compromise the validity of the service. It is not mandatory to insert text in the body of the message, but it is standard practice to provide a brief summary. Attach the document to be served, any exhibits, and the digitally signed service report. Send the message requesting a complete delivery receipt (ricevuta di consegna completa), which certifies delivery with all attachments.

5. 5.

   Verification of receipts and error management

   After sending, the system generates two messages: the Acceptance Receipt (RdA) and the Delivery Receipt (RAC). Service is perfected for the sender with the RdA and for the recipient with the RAC. It is essential to download and store these receipts in .eml or .msg format, as they constitute proof of service. If a non-delivery notice is received, e.g., due to a full or inactive mailbox, the service was unsuccessful. In such cases, consult updated case law to assess whether to proceed with traditional service or if the fault lies with the recipient.

6. 6.

   Electronic filing of the proof of service

   To prove successful service in court, the lawyer must electronically file the PEC receipts. It is necessary to create an electronic envelope (busta telematica) inserting the .eml or .msg files of the Acceptance Receipt and the Delivery Receipt, which already contain the served attachments. It is not sufficient to file a PDF printout of the receipts, as they lack the intrinsic legal value of the original message. The court's IT system will automatically verify the signatures and the integrity of the filed messages.

Legal basis: L. 53/1994, art. 3-bis (Facoltà di notificazione a mezzo posta elettronica certificata)D.Lgs. 82/2005 (CAD), art. 20 (Validità ed efficacia probatoria dei documenti informatici)Codice di Procedura Civile, art. 147 (Tempo delle notificazioni)Codice di Procedura Civile, art. 149-bis (Notificazione a mezzo posta elettronica)