Canon 1121

1. The exceptions that the matter has become res iudicata and

that an agreement had been already reached (transactio), as well

as other peremptory exceptions which are called litis finitae

must be proposed and adjudicated before the joinder of issues

(litis contestatio); a person who proposes them later is not to

be rejected but must settle the court costs unless there is proof

that presentation was not maliciously delayed. 2. Other peremptory exceptions are to be lodged during the joinder of issues

(litis contestatio) and are to be treated at their proper time in

accordance with the norms which deal with incidental questions.