Canon
1188
1. After
the single judge or the president of a collegiate tribunal has recognized both
that the matter is within his competence and that the petitioner does not lack
legitimate personal
standing in
court, he must accept or reject the introductory
libellus as
soon as possible through a decree. 2. A libellus
introducing
a suit can be rejected only if: (1) the judge or
the
tribunal is incompetent; (2) it is undoubtedly clear that
the
petitioner lacks legitimate personal standing in court; (3)
the
prescriptions of can. 1187, nn. 1-3 have not been observed;
(4) from
the introductory libellus itself it is certainly obvious that it lacks any
basis whatsoever and that it is impossible that any such basis would appear
through a process. 3.
If the
introductory libellus has been rejected due to defects
which can
be corrected, the petitioner can properly draw up a new
libellus
and again present it to the same judge. 4. A party is
always free
within ten available days (tempus utile) to lodge a
reasoned
recourse against the rejection of the introductory libellus before the
appellate tribunal or the college if it had been
rejected by
its president; the question of the rejection is to be
resolved
most expeditiously.
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