1. Translations completed… mostly!
2. Waiting on last POA
3. Should be filing soon
4. Update on Appeal Rules (This part is confusing.)

1. Our translator completed the translations of the POAs and attested them in court. She delivered them to our lawyer. This should have been the end of this bullet point, but our lawyer wanted the translations done slightly differently, so she has to redo them. This should not cost us anything but a couple of days’ time. She says she will have them back to him Wednesday (tomorrow!) or Thursday.
   
   
2. Kaitlyn’s POA remains at the California apostille office. I cannot state clearly enough that this was not because of Kaitlyn! California takes two weeks to do apostilles. Or 15 days for us! I am hoping to see that package get picked up today so that it can be delivered this week. Kaitlyn is a champ and packed up a separate, second signed POA and sent it to Italy directly, and our attorney has received that. He says he can file with just that if need be. Either way, the take away here: we should be able to file on time.
   
   
3. Once our attorney receives the translations tomorrow or Thursday, I believe his plan is to immediately file our appeal. I don’t think he is actually planning to wait for Kaitlyn’s apostilled POA, though he reminds me that his preference would be to have one with an apostille. (I still don’t know what to tell him except to say “California, man! 🤷‍♂️.”) I will send an update when we get a case number.
   
   
4. Our attorney sent me a long message today about an update about new rules around our appeal and how long the defendant has to appear in court. In our case, the defendant is the Italian government. It sounds like some new rules came into effect on March 1, and this changes how long the defendant has, but it also sounds like there are contradictions in the rules. I will paste the whole message right below my little farewell, in case you want to read it. I don’t think this will affect our case or anything, and I have asked our lawyer about that, but I have not heard back yet.

I need to let you know about a matter that could affect your case. Although this is a very technical issue, I believe that for transparency and fairness you should be aware of it: I will try to explain it as simply as possible.

From 1 March 2023 the new discipline of the judicial process came into force.

As far as we are concerned, the discipline of the first instance trial has been completely changed, as has that of the appeal process.

In part, the discipline of the appeal process is dictated with a mere reference to the relative provisions of the trial of first instance.

In the latter reform, however, the legislator did not correctly coordinate the two types of process, leaving in force a combined system of rules which is in some ways contradictory and which will only find clarification after the first period of application of the rules.

In particular, there was a contradiction between the provisions dictated on the deadline for the defendant to appear in the proceedings to avoid the forfeitures provided for by law and which imposes a specific obligation to warn the person presenting the appeal. In a nutshell, according to the current system, the defendant should appear in the trial 70 days before the hearing but in another provision this term, in order to avoid the forfeiture of the possibility of presenting an incidental appeal, is indicated as 20 days. Which doesn't make any sense because the term should be as unique as it has always been.

Unfortunately we are among those who have to pioneer and cannot base their question on an experience that has not yet matured.

The criterion that will inspire me to present your appeal is the more prudential one, i.e. that of slavishly following what the law establishes and at the same time pointing out the existence of this contradiction. I will therefore invite the defendant to appear within 70 days before the hearing but specifying that as regards the forfeiture of the proposition of the incidental appeal, this term is established at 20 days.

In any case,  the appeal is practically ready. I am only waiting to receive the translated POAs give the application a second look, especially with reference to the personal data of the parties, before submitting it.