The Italian Supreme Court has ruled that legal clients can recover fees for expert witnesses without first paying them. The decision, issued by the Court’s joint civil sections on August 18, 2026, resolves a dispute over reimbursement rules in civil litigation.
The order (No. 24699/2026) states that when a party appoints a technical consultant during legal proceedings, the expense qualifies as a procedural cost. This classification allows courts to award reimbursement regardless of whether the client has settled the consultant’s bill.
It overturns a previous interpretation that required proof of payment before reimbursement. The Court now presumes that appointing a consultant creates a binding obligation to pay—one that justifies reimbursement even if the debt remains outstanding. The opposing party may challenge this only by proving the service was provided for free or that the debt was already settled.
This change matches how courts already handle attorney fees, which are routinely reimbursed without proof of payment. It removes what many lawyers considered an arbitrary barrier, especially for clients who rely on expert testimony but lack immediate funds.
It may also discourage defendants from delaying settlements in hopes that cash-strapped plaintiffs will drop claims due to rising costs.
The case began in Sicily, where landowners sued the government over repeated flooding from a state-owned stream, “Sbarda l’Asino.” While the Court upheld the government’s liability under Article 2051 of the Italian Civil Code, it found errors in the lower court’s handling of evidence and damages.
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The judges criticized the lower court’s refusal to admit testimony from landowners about maintaining drainage ditches on their property. The dismissal of this evidence as irrelevant, without explanation, was called “illogical” and a violation of the right to a fair defense.
The ruling also addressed damage calculations. The lower court had awarded compensation based on 2020 valuations, despite issuing its decision in 2022. The Supreme Court ruled that such calculations must account for inflation and economic changes, with clear explanations for any adjustments.
A key distinction was made between experts hired during a lawsuit and those consulted before legal action. Fees for pre-litigation consultants do not qualify as procedural costs and must be claimed as part of damages. Even so, plaintiffs need not prove they’ve already paid the consultant—only that the debt exists.
The case returns to the Tribunal of Public Waters for reconsideration, with instructions to apply the new standards. Practitioners expect the decision to influence Italian civil courts, particularly in cases involving technical evidence or public infrastructure disputes.
The law no longer forces litigants to pay upfront to prove they deserve reimbursement for the experts they hire to support their case.
