Steps in a Dual Citizenship Court Proceeding
The proceeding applies when a lawsuit is filed before the Court of Rome claiming citizenship as descendant of an Italian born ancestor.
-The lawsuit is filed at the Civil Courthouse of Rome. It contains the summons and all the paperwork gathered to prove that you are a descendant from that Italian ancestor. You are the plaintiff and the defendant is the Italian Ministry of the Interior.
-The President of the Courthouse appoints the Court where your lawsuit will be heard.
-A few months later a judge is appointed to deal with your case.
-The judge sets the date of the hearing by decree.
-Your attorney serves the summons and the decree to the Ministry of the Interior.
-The Ministry deadline to respond is 10 days before the date of appearance. The Ministry rarely responds and appears. The client does not need to appear and will be represented by his/her attorney.
-At the hearing, the judge hears the case and checks the paperwork. If more documentation is needed, the judge adjourns the hearing. If the paperwork suffices to prove the ancestry, the judge closes the case and will rule on it through an Ordinance.
-To cut the Ministry deadline to appeal from 6 month to 1 month, your attorney serves the ordinance.
-The Court serves the ordinance to public prosecutor who has 2 months to appeal (never does).
-After all the deadlines have expired, your attorney will request the court to issue a formal copy of the ordinance stating that it is IRREVOCABLE.
-Once irrevocable, your attorney requests the Courthouse to release an executable ordinance, which your attorney serves to the administrative district (Comune) where you will be recorded as an Italian citizen.
This process may take from 16 to 24 months. Complex cases take longer.