controricorso

Controricorso is the term used in Italian civil procedure for the written response submitted by the party against whom an appeal has been brought. It is filed in appellate proceedings to oppose the grounds of the appeal and to present the defendant’s or respondent’s defenses, ensuring the court receives a complete view of the dispute. The controricorso serves to contest the appellant’s arguments and to outline the relief sought by the respondent.

The document is prepared and filed within the time limits established by the Code of Civil Procedure and the court's orders, after the service of the appeal. It is typically accompanied by a brief of law (memorie) and any documentary evidence the respondent intends to rely on. A controricorso identifies the parties, summarizes the factual background as relevant to the appeal, sets out the legal arguments, and states the outcome the respondent requests from the court (such as rejection of the appeal or confirmation of the lower court’s decision).

In the appellate process, the controricorso is considered together with the appeal to allow the judge to assess the entire dispute. The absence of a controricorso may affect the procedural course in some instances, as the court might proceed on the basis of the pleadings already filed by the appellant. See also: ricorso (appeal), memorie (briefs).