CHAPTER I. Parties Who Do Not Appear

Can. 1592 §1. If the cited respondent has neither appeared nor given a suitable excuse for being absent or has not

responded according to the norm of can. 1507, §1, the judge, having observed what is required, is to declare the

respondent absent from the trial and decree that the case is to proceed to the definitive sentence and its execution.

§2. Before issuing the decree mentioned in §1, the judge must be certain that a legitimately executed citation

has reached the respondent within the useful time, even by issuing a new citation if necessary.

Can. 1593 §1. If the respondent appears at the trial later or responds before a decision in the case, the respondent

can offer conclusions and proofs, without prejudice to the prescript of can. 1600; the judge, however, is to take care

that the trial is not prolonged intentionally through longer and unnecessary delays.

§2. Even if the respondent did not appear or respond before a decision in the case, the respondent can use

challenges against the sentence; if the respondent proves that there was a legitimate impediment for being detained

and there was no personal fault in its not being made known beforehand, the respondent can use a complaint of

nullity.

Can. 1594 If the petitioner has not appeared on the day and at the hour prescribed for the joinder of the issue and

has not offered a suitable excuse:

1/ the judge is to cite the petitioner again;

2/ if the petitioner does not comply with the new citation, the petitioner is presumed to have renounced the

trial according to the norm of cann. 1524–1525;

3/ if the petitioner later wishes to intervene in the process, can. 1593 is to be observed.

Can. 1595 §1. A petitioner or respondent who is absent from the trial and has not given proof of a just impediment

is obliged both to pay the expenses of the litigation which have accrued because of the absence and to indemnify

the other party if necessary.

§2. If both the petitioner and the respondent were absent from the trial, they are obliged in solidum to pay the

expenses of the litigation.