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  • TITLE 25 The Contentious Trial
    • 1188
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Canon 1188

1. After the single judge or the president of a collegiate tribunal has recognized both that the matter is within his competence and that the petitioner does not lack legitimate personal

standing in court, he must accept or reject the introductory

libellus as soon as possible through a decree. 2. A libellus

introducing a suit can be rejected only if: (1) the judge or

the tribunal is incompetent; (2) it is undoubtedly clear that

the petitioner lacks legitimate personal standing in court; (3)

the prescriptions of can. 1187, nn. 1-3 have not been observed;

(4) from the introductory libellus itself it is certainly obvious that it lacks any basis whatsoever and that it is impossible that any such basis would appear through a process. 3.

If the introductory libellus has been rejected due to defects

which can be corrected, the petitioner can properly draw up a new

libellus and again present it to the same judge. 4. A party is

always free within ten available days (tempus utile) to lodge a

reasoned recourse against the rejection of the introductory libellus before the appellate tribunal or the college if it had been

rejected by its president; the question of the rejection is to be

resolved most expeditiously.




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