In Italy, in contrast to common law jurisdictions, the formal process of disclosure of documents is considered to be an exceptional measure.

Only in certain limited cases and under specific conditions may the court order the parties, or third parties, to make specific disclosure of certain documents, either on application of the parties or of its own motion. In particular, pursuant to the Italian Code of Civil Procedure, the court may only order the production of documents that it deems necessary to resolve a crucial issue in the case, and only where the facts cannot otherwise be proved. Disclosure can also only be ordered where the documents have been specifically identified and it is certain that they exist. Disclosure cannot be used to circumvent the requesting party's burden of proof.

For the sake of completeness, it is worth noting that documents would have to be handed over to the Italian authorities in the case of inspections ordered by the public prosecutor/district attorney in charge of a criminal investigation, or in the case of ordinary raids by authorities such as the Tax Police, Antitrust Authority, Privacy Authority, etc., who are responsible for conducting random inspections to make sure that companies comply with the law.