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Lateran IV

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  • CANON 35
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CANON 35

Summary. An appellant, feeling that he has good grounds for an appeal before sentence, must make those grounds known to the judgc of the first instance. If sufficient, this is to be made known to the superior judge; if insufficient, the latter must return the appellant to the judge of the first instance.

Text. That proper respect may be shown the judges and that the interests of the litigants in the matter of labor and expenses may be duly considered, we decree that when anyone proceeds against an adversary before a competent judge, he shall not without good reason appeal to a higher judge before sentence is pronounced, but shall continue his case before the same judge (that is, of the first instance), even if he say that he has sent a message to the superior judge or has received letters from the same, as long as the letters have not been given to the delegated judge. But if he thinks he has sufficient ground for an appeal, he must make known this ground to the same judge, and, if it be found legal, let it be made known to the superior judge; if the superior judge finds the ground for an appeal insufficient, he must return the appellant to the judge of the first instance, who shall condemn him to pay the expenses also of the other party. Otherwise let him proceed, saving, of course, the ordinances governing the causae majores, which must be referred to the Apostolic See.




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