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Code of Canon Law

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  • BOOK VII : PROCESSES
    • PART I : TRIALS IN GENERAL (Cann. 1400 - 1403)
        • TITLE II : DIFFERENT GRADES AND KINDS OF TRIBUNALS (Cann. 1417 - 1445)
          • CHAPTER I : THE TRIBUNAL OF FIRST INSTANCE
            • ARTICLE 2: AUDITORS AND RELATORS
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ARTICLE 2: AUDITORS AND RELATORS

Can. 1428 §1 The judge or, in the case of a collegiate tribunal, the presiding judge, can designate an auditor to instruct the case. The auditor may be chosen from the tribunal judges, or from persons approved by the Bishop for this office.

§2 The Bishop can approve clerics or lay persons for the role of auditor. They are to be persons conspicuous for their good conduct, prudence and learning.

§3 The task of the auditor is solely to gather the evidence in accordance with the judge's commission and, when gathered, to submit it to the judge. Unless the judge determines otherwise, however, an auditor can in the meantime decide what evidence is to be collected and the manner of its collection, should any question arise about these matters while the auditor is carrying out his role.

Can. 1429 The presiding judge of a collegiate tribunal is to designate one of the judges of the college as 'ponens' or 'relator'. This person is to present the case at the meeting of the judges and set out the judgement in writing. For a just reason the presiding judge can substitute another person in the place of the 'ponens'.




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