Party Disposition and Ex Officio Powers in the Taking of Evidence. How to Make Mutual Cooperation Work

Although the taking of evidence relies primarily on the parties' initiative, the tendency to confer the court ex officio investigative powers is diffuse and shows in the last decades a growing trend. After a brief overview of this trend throughout legal systems traditionally tied to the so-called dispositive principle, the Author focuses on how a court is expected to manage these powers. In this context the Italian experience will serve as a test-bench for an analysis of the way the issue should be dealt with.