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Code of Canon Law

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  • BOOK VII : PROCESSES
    • PART I : TRIALS IN GENERAL (Cann. 1400 - 1403)
        • TITLE IV: THE PARTIES IN THE CASE (Cann. 1476 - 1490)
          • CHAPTER II : PROCURATORS AND ADVOCATES
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CHAPTER II : PROCURATORS AND ADVOCATES

Can. 1481 §1 A party can freely appoint an advocate and procurator for him or herself. Apart from the cases stated in §§2 and 3, however, a party can plead and respond personally, unless the judge considers the services of a procurator or advocate to be necessary.

§2 In a penal trial the accused must always have an advocate, either appointed personally or allocated by the judge.

§3 In a contentious trial which concerns minors or the public good, the judge is ex officio to appoint a legal representative for a party who lacks one; matrimonial cases are excepted.

Can. 1482 §1 A person can appoint only one procurator; the latter cannot appoint a substitute, unless this faculty has been expressly conceded.

§2 If, however, several procurators have for a just reason been appointed by the same person, these are to be so designated that there is the right of prior claim among them.

§3 Several advocates can, however, be appointed together.

Can. 1483 The procurator and advocate must have attained their majority and be of good repute. The advocate is also to be a catholic unless the diocesan Bishop permits otherwise, a doctor in canon law or otherwise well qualified, and approved by the same Bishop.

Can. 1484 §1 Prior to undertaking their office, the procurator and the advocate must deposit an authentic mandate with the tribunal.

§2 To prevent the extinction of a right, however, the judge can admit a procurator even though a mandate has not been presented; in an appropriate case, a suitable guarantee is to be given. However, the act lacks all force if the procurator does not present a mandate within the peremptory time-limit to be prescribed by the judge.

Can. 1485 Without a special mandate, a procurator cannot validly renounce a case, an instance or any judicial act; nor can a procurator settle an action, bargain, promise to abide by an arbitrator's award, or in general do anything for which the law requires a special mandate.

Can. 1486 §1 For the dismissal of a procurator or advocate to have effect, it must be notified to them and, if the joinder of the issue has taken place, the judge and the other party must be notified of the dismissal.

§2 When a definitive judgement has been given, the right and duty to appeal lie with the procurator, unless the mandating party refuses.

Can. 1487 For a grave reason, the procurator and the advocate can be removed from office by a decree of the judge given either ex officio or at the request of the party.

Can. 1488 §1 Both the procurator and the advocate are forbidden to influence a suit by bribery, seek immoderate payment, or bargain with the successful party for a share of the matter in dispute. If they do so, any such agreement is invalid and they can be fined by the judge. Moreover, the advocate can be suspended from office and, if this is not a first offence, can be removed from the register of advocates by the Bishop in charge of the tribunal.

§2 The same sanctions can be imposed on advocates and procurators who fraudulently exploit the law by withdrawing cases from tribunals which are competent, so that they may be judged more favourably by other tribunals.

Can. 1489 Advocates and procurators who betray their office because of gifts or promises, or any other consideration, are to be suspended from the exercise of their profession, and be fined or punished with other suitable penalties.

Can. 1490 As far as possible, permanent advocates and procurators are to be appointed in each tribunal and to receive a salary from the tribunal. They are to exercise their office, especially in matrimonial cases, for parties who may wish to choose them.




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