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  • TITLE 24 Trials in General
    • 1085
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Canon 1085

1. A collegiate tribunal must proceed as a collegial body and

pass its decisions by majority vote; this is for validity in the

following instances: (1) the rejection of a petition for a

counter-claim or for an incidental case; (2) the settlement of

recourse against a decree of the presiding judge; (3) the handing down of sentences, even interlocutory ones, as well as decrees which have the same effect as a definitive sentence. 2.

Other procedural acts are to be carried out by the presiding

judge, unless the college has reserved certain acts to itself;

however, such reservation is not for validity. 3. If the tribunal of first instance decided the case in a collegial manner,

likewise in appeal the case is to be decided collegially and not

by a lesser number of judges; if, however, a single judge gave

the decision in first instance, the case is to be decided in

appeal by a single judge, except in the case mentioned in can.

1084, 3.




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