Table of Contents | Words: Alphabetical - Frequency - Inverse - Length - Statistics | Help | IntraText Library |
Code of Canon Law IntraText CT - Text |
|
|
PART II : THE CONTENTIOUS TRIAL SECTION I: THE ORDINARY CONTENTIOUS TRIAL TITLE I: THE INTRODUCTION OF THE CASE (Cann. 1501 - 1512) CHAPTER I : THE PETITION INTRODUCING THE SUIT §2 In both cases, however, the judge is to direct a notary to record the matter in writing. This written record is to be read to, and approved by, the plaintiff, and it takes the place of a petition written by the plaintiff as far as all effects of law are concerned. Can. 1504 The petition by which a suit is introduced must: 1° state the judge before whom the case is being introduced, what is being sought and from whom it is being sought; 2° indicate on what right the plaintiff bases the case and, at least in general terms, the facts and evidence to be submitted in support of the allegations made; 3° be signed by the plaintiff or the plaintiff's procurator, and bear the day, the month and the year, as well as the address at which the plaintiff or the procurator resides, or at which they say they reside for the purpose of receiving the acts; 4° indicate the domicile or quasi-domicile of the respondent. §2 A petition can be rejected only if: 1° the judge or the tribunal is not legally competent; 2° it is established beyond doubt that the plaintiff lacks the right to stand before the court; 3° the provisions of can. 1504 nn. 1 - 3 have not been observed 4° it is certainly clear from the petition that the plea lacks any foundation, and that there is no possibility that a foundation will emerge from a process. §3 If a petition has been rejected by reason of defects which can be corrected, the plaintiff can draw up a new petition correctly and present it again to the same judge. §4 A party is always entitled, within ten canonical days, to have recourse, based upon stated reasons, against the rejection of a petition. This recourse is to be made either to the tribunal of appeal or, if the petition was rejected by the presiding judge, to the collegiate tribunal. A question of rejection is to be determined with maximum expedition.
|
Table of Contents | Words: Alphabetical - Frequency - Inverse - Length - Statistics | Help | IntraText Library |
Best viewed with any browser at 800x600 or 768x1024 on Tablet PC IntraText® (V89) - Some rights reserved by EuloTech SRL - 1996-2007. Content in this page is licensed under a Creative Commons License |