Case law e filosofia degli atti introduttivi negli Stati Uniti

One of the main problems of the current legal practice has been, in the last twenty years, that of complex litigation together with the correlative one of big cases. In this area the initial stage of a lawsuit, i.e. the pleading phase, is of a fundamental importance both to shape the case and to clarify its factual grounds and essence. The research carried out through this article moves in this view, focusing on the opportunity for a reform of our procedural model, and taking into account what seems to be a notevolty example coming from a very interesting American federal case law. There the need of a more specific factual definition of the request contained in the pleading has actually brought about a change based on the rejection of the traditional model of “notice pleading” in favour of a renewed notion of “fact pleading”. The debate that followed has been analysed as a very keen discussion of the many procedural problems connected with it. Together with the suggestion that a similar debate should take place also in our legal system, given the similar probles also rising in our legal practice.