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  • TITLE 25 The Contentious Trial
    • 1190
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Canon 1190

1. In the decree which accepts the introductory libellus of the

petitioner the judge or president must either call into court or

cite the other parties for the joinder of issues (contestatio

litis), determining whether they must respond in writing or present themselves personally before the judge in order to join the

issues. But if from the written responses the judge perceives

that it is necessary to call the parties together for a session,

that can be determined in a new decree. 2. If the introductory

libellus is considered as having been accepted in virtue of the

norm of can. 1189, the decree of citation must be made in court

within twenty days from the party's insistence on action as mentioned in that canon. 3. But if the litigating parties de facto present themselves before the judge in order to proceed with

the case, there is no need for a citation; the notary, however,

is to note in the acts that the parties were present for the

trial.




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