Questione giuridica chiave
Whether the appeal against the order granting future evidence taking is admissible.
Decisione estratta
The appeal is inadmissible because, against a superprovisional order of this kind, the opposing party may challenge only the later decision rendered after being heard; moreover, the granting of the request causes no irreparable harm.
Motivazione estratta
Under Art. 158(2) CPC, future evidence taking follows the rules on interim measures. Since the first judge ordered it superprovisionally under Art. 265 CPC, the appellants could not appeal at this stage. Even if the filing were treated as a recourse under Art. 319(b)(2) CPC, admission of the request does not create a difficult-to-repair prejudice.