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Code of Canon Law
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  • BOOK VII : PROCESSES
    • PART II : THE CONTENTIOUS TRIAL
      • SECTION I: THE ORDINARY CONTENTIOUS TRIAL
        • TITLE IV: PROOFS (Cann. 1526 - 1586)
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TITLE IV: PROOFS (Cann. 1526 - 1586)

Can. 1526 §1 The onus of proof rests upon the person who makes an allegation.

§2 The following matters do not require proof:

1° matters which are presumed by the law itself;

2° facts alleged by one of the litigants and admitted by the other, unless their proof is nevertheless required either by law or by the judge.

Can. 1527 §1 Any type of proof which seems useful for the investigation of the case and is lawful, may be admitted.

§2 If a party submits that proof, which has been rejected by the judge, should be admitted, the judge is to determine the matter with maximum expedition.

Can. 1528 If a party or a witness refuses to testify before the judge, that person may lawfully be heard by another, even a lay person, appointed by the judge, or asked to make a declaration either before a public notary or in any other lawful manner.

Can. 1529 Unless there is a grave reason, the judge is not to proceed to collect the proofs before the joinder of the issue.



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