Definitions

1. by “Court”, we mean the “Court for trusts and fiduciary relationships” referred to in the Constitutional Law of 26 January 2012 n.1;
2. by “Chancellery”, we mean the Chancellery of the Court;
3. for “President” means the President of the Court;
4. “Fiduciary Relationships” means the legal relationships falling within the jurisdiction of the Court;
5. “judicial tax” means the judicial tax referred to in Law 25 July 2003 n.99 and subsequent amendments and additions.

Proposal of the case

Actions relating to Fiduciary Relationships Trustees propose themselves with a summons, containing the requests and their reasons in fact and in law, as well as the specific indication of the means of proof and documents that the plaintiff encloses with the summons.

The summons is filed with the Registry, together with, under penalty of inadmissibility, proof of payment:

1. of the court tax;
2. of the registry fees in the amount periodically determined by the President, in general, also in relation to the value of the case.

The Registry draws up the case file and presents it without delay to the President.
The President, having ascertained the total or partial failure to pay the court fee and the registry fees, grants the defaulting party a term of twenty current days to make the payment and thus rectify the inadmissible act.

Conflicts of jurisdiction

If the President considers that the case does not fall within the jurisdiction of the Court, he immediately informs the Magistrate Director of the Court and, if they agree, communicates it to the requesting party, inviting them to bring the case before the Ordinary Judicial Authority.
The Director Magistrate shall proceed similarly, in the reverse case, if the question is raised by a Law Commissioner of the Court.
In the event of a conflict between the Director Magistrate and the President of the Court, the conflict is referred to the Guarantor Board of the Constitutionality of the Rules. The rules on conflict of jurisdiction set forth in the Qualified Law of 25 April 2003 no. 55 and subsequent amendments and additions shall apply where compatible.

Start of the proceedings

The President, with a non-appealable decree:

1. authorizes the summons, sets the hearing for the appearance and the hearing for the oral contestation of the dispute, determines the language or the languages ​​of the proceedings by reason of the closest connection that the language has with the facts of the case and the parties and decides whether the case must be decided by the Court by means of a single Judge or by a panel, of which it indicates the members and the president of the same, or by the full Court;
2. determines the variable part of the compensation due to the Judge or the panel of Judges who will decide the case;
3. determines the sum, variable according to the complexity of the dispute and/or its value and in accordance with the general criteria, that the requesting party is required to pay within seven days, under penalty of inadmissibility, in relation to the overall compensation and reimbursement of expenses due to the Judge or the panel of Judges who will decide the case. The aforementioned sum is determined by the President by applying an increase, in a percentage ranging from 10% to 20%, on the costs incurred by the Treasury for the fees and reimbursements of expenses in favor of the Judges as well as for the registry costs;
4. establishes the methods of custody of the case file and its consultation byof the lawyers;
5. communicates to the defendant the invitation to appear, indicating that in the absence of appearance all subsequent notifications, excluding only those of new applications and the judgment, will be validly executed ad valvas.

Article 5 of Law no. 106 of 21 October 1988 does not apply.
Representation in court, including with regard to forensic lawyers, is governed by the rules of civil procedure in San Marino.

Terms

The computation of any term occurs in current days with reference to calendar days.
The terms that expire on a day in which the judicial offices are not open expire on the next day of opening.

Notifications

The President shall decide on the methods of notification; he may order that notifications be made by means of a collated telegram with acknowledgement of receipt, by courier with proof of receipt, by registered mail with acknowledgement of receipt or by other methods, different from those typically provided for by ordinary civil procedure. Notification is provided in these forms whenever the recipient is not resident or domiciled in the Republic or whenever particular circumstances or the need for greater speed, confidentiality or protection of dignity so suggest.
The President may allow notification to take place in the forms specific to the State in which it must be carried out.
All provisions issued by the President or the Court are notified ex officio, as are the acts of parties whose notification the President orders.
If a Resident Agent has been appointed in the Republic, pursuant to Law no. 42 of 1 March 2010, all documents of the process, including sentences, may be notified to the trustee and the guardian at the Resident Agent, with the same effects as notification performed personally on them.
The parties appearing in the proceedings are deemed to be domiciled by choice in San Marino, at the office of their lawyer. Notification at such domicile produces the effects of notification performed personally on the party. The party who revokes his domicile will remain domiciled there for the purposes of the proceedings until the election of the new one.
No procedural act must be compulsorily notified in person to the recipient and Rub. III, lib. II of the Leges Statutae does not apply to notifications carried out pursuant to this delegated decree insofar as it provides for the repetition of the notification where it has not taken place in person. Personal notification is, however, always valid.

Precautionary and provisional measures

A party may ask the President, before the first hearing and subsequently at any stage of the proceedings, to pronounce, on a precautionary and provisional basis, any measure provided for by ordinary civil procedure or to impose or prohibit a conduct in all cases in which there is a well-founded reason to fear that, during the time required to assert the right claimed in court, the latter will suffer irreparable harm.
The President shall proceed after having gathered summary information and, where he deems it appropriate, having heard the person against whom the measure is requested. If it does so without having heard such person, it shall set a hearing for the appearance of the parties within a period not exceeding twenty-one days. At such hearing, it shall confirm, modify or revoke the provision. The President may require the appellant to provide security.
Upon request of a party, the President shall establish, by means of a decree constituting an enforceable title, the sum of money owed by the recipient of the provision to the applicant in the event of non-compliance or delayed compliance with the provision, taking into account the damage that the non-compliance or delayed compliance would cause and the value of the case.
The President’s provisions are not subject to appeal, but may be revoked or modified by the President during the proceedings or by the Judge with the decision that rules on the merits.

Procedure

At the hearing set for the constitution of the parties, the plaintiff has the burden of reproducing the summons and the defendant has the right to file a brief for object and respond, containing all of one’s defenses with respect to the facts and theand the plaintiff’s reasons as well as the specific indication of the means of proof and documents that he/she encloses in the pleading and any counterclaims.
A party, if requested by the other party or by the Court to produce a document, even if not common to the parties, may produce it in a sealed envelope, leaving it to the Court to decide whether to open it and whether to disclose its contents to the other parties.

At the hearing set for the oral contestation of the dispute:

1. the Court:
   1. decide any question raised by the parties regarding the regularity of the adversarial proceedings;
   2. may request clarification of the facts and indicate the questions which it deems necessary to deal with;
2. the parties, under the direction of the Court:
   1. produce documents;
   2. they formulate their questions and exceptions completely and definitively;
   3. require the admission of evidence.

At the end of the hearing the Court:

1. with a decree that can always be modified during the proceedings, it decides on the requests for evidence and establishes, after hearing the parties, the calendar and the methods of taking evidence and, if it deems it appropriate, of the questioning of one or more parties;
2. or sets the oral hearing pursuant to the following article 9;
3. or holds the case for decision.

If the case has not been assigned to a single Judge, the Court may designate a Judge to take evidence.

No person other than the parties, their counsel and advisers, the latter where permitted by the Court, shall be admitted to the hearing. A witness shall have access to the hearing only for the time necessary for his or her testimony.

The Court may at any stage attempt to reconcile the parties. If they reconcile, the minutes of the conciliation, provided with the same form as the judgment but also signed by the parties or by whoever has the power to conciliate for them, have the same effects as a final and unappealable judgment.

Discussion of the case

When the Court deems the case ready for a decision, it sets the hearing for oral discussion.
On penalty of exclusion from the oral discussion, each party is required to file a structured outline of the arguments it intends to discuss at least seven days before the hearing.
The oral discussion hearing may also be held by video conference, in accordance with the Rules for video conferences issued by the President. In this case, the Regulation must, however, provide that:

1. the hearing is started and managed by the Judge or the President of the Panel, assisted by the Registrar or his delegate, in a courtroom of the Court of the Republic of San Marino;
2. each participant is allowed to identify the others, intervening in real time in the discussion;
3. each participant is allowed to view, receive and transmit documentation
4. concerning the meeting.

Decision of the case

If a case must be decided by the Court in collegiate composition:

1. The Court convenesvalidly also by video conference, initiated and managed according to the Regulations for video conferences;
2. the Court takes its decisions by majority vote;
3. the President of the Panel instructs a Judge to draft the judgment;
4. if the reasons for the decision are not shared by all or the ruling is not approved with the compliant vote of all the Judges, each Judge has the right to attach his or her opinion to the judgment, which forms an integral part thereof.

The judgment establishes which party is to bear the costs of the proceedings and may place, in whole or in part, the defense fees of the winning party on the losing party.
The judgment is rendered in the language or one of the languages ​​of the proceedings; however, at any time, upon request of a party or ex officio, the operative part or the operative part and the reasons for the decision are also drawn up in the language of the State in which the judgment may be executed.
The judgment is issued in the name of the Most Serene Republic of San Marino and bears the invocation of the divinity, in addition to the signature of the President of the Panel or of the individual Judge and the seal of office.
The judgment is filed with the Registry, from which it is published at the hearing established by the Court.
The judgment is always immediately enforceable.
The judgment, without prejudice to the right of the parties to obtain an immediate copy of the operative part, may provide:

1. that it is not accessible to the public and that copies are not released, even to the parties, without the authorization of the President;
2. that a copy of the same be filed in the Registry, without the names of the parties and other subjects interested in the case, as well as other elements that may lead to identifying the parties or the object of the case, of which the parties and third parties may freely extract copies.

The President may always modify these provisions or issue them if the judgment lacks them.

Appeal

The appeal may involve any question of law, without prejudice to the findings of fact made by the Court, provided that it is admitted pursuant to the following paragraphs.
The losing party may request the President, within fourteen days of the publication of the judgment, to be authorized to appeal; the President, with a reasoned provision, rejects or grants authorization to appeal exclusively because of the uncertainty of the legal questions decided or their general importance.
In the event of rejection of the authorization to appeal, the appellant party,  in   fourteen days after the President’s denial, may ask the Appeals Judge to admit the appeal in any case.
The appeal:

1. is lodged before the Appeals Judge within fourteen days of the granting of the authorization to appeal;
2. is notified to the parties at their domicile or, if they are present in the first-instance proceedings, at
3. domicile elected at the office of one’s own Sammarinese lawyer as provided for in Article 6, paragraph 5;
4. is followed, under penalty of inadmissibility, by the filing of the specific grounds for appeal within fourteen days of the interposition.

Within fourteen days of the filing of the grounds, the Appeals Judge requests the consilium sapientis, identifying the wise man in the register drawn up pursuant to Article 7, paragraph 4 of the Qualified Law of 26 January 2012 n.1. The Appellate Judge will identify a single expert, in the event that the first instance judgment was rendered by a single Judge, or a panel composed of three experts, in the event that it was rendered by a panel or in full Court.
The Appellate Judge shall abide by the principles of law set forth by the expert. Subsequent recourse to extraordinary remedies is precluded.
The appeal judgment must be concluded within ninety days of its initiation.ion, the period running from the request of the consilium sapientis to its obtaining not being included in this term.
The sentence rendered by the Appellate Judge constitutes a final judgment. The common law principle of “double conformity” does not apply.

Jurisdiction and procedure

The provisions set out in Articles 53, 54 and 55, first paragraph, of Law No. 42 of 1 March 2010 and Article 16 of Law No. 43 of 1 March 2010 are requested from the President by means of an appeal and issued by him, after having gathered summary information and, if he deems it appropriate, having heard the person against whom the provision is requested or other interested persons.
The President decides by means of an immediately enforceable decree.
The appeal, if authorised, is submitted to the President, who then passes it on to a panel of three Judges. The provisions on the first instance proceedings before the Court apply with the appropriate adaptations.

Compensation of the President, the Judge and the consilium sapientis

The Judge, called to intervene in a specific proceeding, is entitled to compensation for each proceeding handled. This compensation is composed of a fixed part and a variable part. The fixed part is determined in the manner contained in a specific regulation issued by the President and the variable part by decree.
The consilium sapientis is paid for each consilium in the amount provided for by Article 4 of Law 21 January 2004 no. 4.

Reimbursement of expenses

The Judge’s food and lodging expenses during hearings, incurred at affiliated hotel facilities, are paid by the State.
The Judge, during hearings, is also granted a reimbursement of travel expenses, if incurred, equal to the entire economy class air ticket and/or the entire first class train ticket, from the city of residence to the city of Rimini.