SECTION I: THE ORDINARY CONTENTIOUS TRIAL TITLE I: THE INTRODUCTION OF THE CASE CHAPTER I : THE PETITION INTRODUCING THE SUIT
Can. 1501 A judge cannot investigate any case unless a plea, drawn up in accordance with canon law, is submitted either by a person whose interest is involved, or by the promoter of justice.
Can. 1502 A person who wishes to sue another must present a petition to a judge who is lawfully competent. In this petition the matter in dispute is to be set out and the intervention of the judge requested.
§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.
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;
Can. 1505 §1 Once he has satisfied himself that the matter is within his competence and the plaintiff has the right to stand before the court, the sole judge, or the presiding judge of a collegiate tribunal, must as soon as possible by his decree either admit or reject the petition.
§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.
Can. 1506 If within a month of the presentation of a petition, the judge has not issued a decree admitting or rejecting it in accordance with can. 1505, the interested party can insist that the judge perform his duty. If, notwithstanding this, the judge does not respond within ten days of the party's request, the petition is to be taken as having been admitted.
CHAPTER II : THE SUMMONS AND THE INTIMATION OF JUDICIAL ACTS
Can. 1507 §1 In the decree by which a plaintiff's petition is admitted, the judge or the presiding judge must call or summon the other parties to court to effect the joinder of the issue; he must prescribe whether, in order to agree the point at issue, they are to reply in writing or to appear before him. If, from their written replies, he perceives the need to convene the parties, he can determine this by a new decree.
§3 If the litigants in fact present themselves before the judge to pursue the case, there is no need for a summons; the notary, however, is to record in the acts that the parties were present at the trial.
§2 The petition introducing the suit is to be attached to the summons, unless for grave reasons the judge considers that the petition is not to be communicated to the other party before he or she gives evidence.
§3 If a suit is brought against a person who does not have the free exercise of personal rights, or the free administration of the matters in dispute, the summons is to be notified to, as the case may be, the guardian, the curator, the special procurator, or the one who according to law is obliged to undertake legal proceedings in the name of such a person.
Can. 1509 §1 With due regard to the norms laid down by particular law, the notification of summonses, decrees, judgments and other judicial acts is to be done by means of the public postal service, or by some other particularly secure means.
TITLE II: THE JOINDER OF THE ISSUE
§2 The pleas and the replies of the parties may be expressed not only in the petition introducing the suit, but also either in the response to the summons, or in statements made orally before the judge. In more difficult cases, however, the parties are to be convened by the judge, so as to agree the question or questions to which the judgment must respond.
§3 The decree of the judge is to be notified to the parties. Unless they have already agreed on the terms, they may within ten days have recourse to the same judge to request that the decree be altered. This question, however, is to be decided with maximum expedition by a decree of the judge.
Can. 1514 Once determined, the terms of the controversy cannot validly be altered except by a new decree, issued for a grave reason, at the request of the party, and after the other parties have been consulted and their observations considered.
Can. 1515 Once the joinder of the issue has occurred, the possessor of another's property ceases to be in good faith. If, therefore, the judgment is that he or she return the property, the possessor must return also any profits accruing from the date of the joinder, and must compensate for damages.
TITLE III: THE TRIAL OF THE ISSUE
§2 However, the judge is to appoint another guardian or curator as soon as possible. He can appoint a procurator ad litem if the party has neglected to do so within the brief time prescribed by the judge himself.
Can. 1520 If over a period of six months, no procedural act is performed by the parties, and they have not been impeded from doing so, the trial is abated. Particular law may prescribe other time limits for abatement.
Can. 1521 Abatement takes effect by virtue of the law itself, and it is effective against everyone, even minors and those equivalent to minors; moreover, it must be declared even ex officio. This, however, is without prejudice to the right to claim compensation against those guardians, curators, administrators and procurators who have not proved that they were without fault.
Can. 1522 Abatement extinguishes the acts of the process, but not the acts of the case. The acts of the case may indeed be employed in another instance, provided the case is between the same persons and about the same matter. As far as those outside the case are concerned, however these acts have no standing other than as documents.
§2 To renounce the trial of an issue, guardians and administrators of juridical persons must have the advice or the consent of those whose agreement is required to conduct negotiations which exceed the limits of ordinary administration.
§3 To be valid, a renunciation must be in writing, and must be signed either by the party, or by a procurator who has been given a special mandate for this purpose; it must be communicated to the other party, who must accept or at least not oppose it; and it must be admitted by the judge.
Can. 1525 Once a renunciation has been admitted by the judge, it has the same effects for the acts which have been renounced as has an abatement of the trial. Likewise, it obliges the person renouncing to pay the expenses of those acts which have been renounced.
TITLE IV: PROOFS
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.
CHAPTER I : THE DECLARATIONS OF THE PARTIES
Can. 1530 The judge may always question the parties the more closely to elicit the truth. He must do so if requested by one of the parties, or in order to prove a fact which the public interest requires to be placed beyond doubt.
Can. 1532 Unless a grave reason suggests otherwise, in cases in which the public good is at stake the judge is to administer to the parties an oath that they will tell the truth, or at least that what they have said is the truth. In other cases, it is left to the prudent discretion of the judge to determine whether an oath is to be administered.
Can. 1535 A judicial confession is an assertion of fact against oneself, concerning a matter relevant to the trial, which is made by a party before a judge who is legally competent; this is so whether the assertion is made in writing or orally, whether spontaneously or in response to the judge's questioning.
§2 In cases which concern the public good, however, a judicial confession, and declarations by the parties which are not confessions, can have a probative value that is to be weighed by the judge in association with the other circumstances of the case, but the force of full proof cannot be attributed to them unless there are other elements which wholly corroborate them.
CHAPTER II : DOCUMENTARY PROOF
ARTICLE 1: THE NATURE AND RELIABILITY OF DOCUMENTS
Can. 1540 §1 Public ecclesiastical documents are those which an official person draws up in the exercise of his or her function in the Church and in which the formalities required by law have been observed.
Can. 1542 A private document, whether acknowledged by a party or admitted by a judge, has the same probative force as an extrajudicial confession, against its author or the person who has signed it and against persons whose case rests on that of the author or signatory. Against others it has the same force as have declarations by the parties which are not confessions, in accordance with can. 1536 §2.
ARTICLE 2: THE PRODUCTION OF DOCUMENTS
Can. 1544 Documents do not have probative force at a trial unless they are submitted in original form or in authentic copy and are lodged in the office of the tribunal, so that they may be inspected by the judge and by the opposing party.
Can. 1546 §1 No one is obliged to exhibit documents, even if they are common, which cannot be communicated without danger of the harm mentioned in can. 1548 §2, n. 2, or without the danger of violating a secret which is to be observed.
CHAPTER III : WITNESSES AND TESTIMONY
1° clerics, in those matters revealed to them by reason of their sacred ministry; civil officials, doctors, midwives, advocates, notaries and others who are bound by the secret of their office, even on the ground of having offered advice, in respect of matters subject to this secret;
2° those who fear that, as a result of giving evidence, a loss of reputation, dangerous harassment or some other grave evil will arise for themselves, their spouses, or those related to them by consanguinity or affinity.
ARTICLE 1: THOSE WHO CAN BE WITNESSES
Can. 1550 §1 Minors under the age of fourteen years and those who are of feeble mind are not admitted to give evidence. They can, however, be heard if the judge declares by a decree that it would be appropriate to do so.
1° the parties in the case or those who appear at the trial in the name of the parties; the judge and his assistant; the advocate and those others who in the same case assist or have assisted the parties;
2° priests, in respect of everything which has become known to them in sacramental confession, even if the penitent has asked that these things be made known. Moreover, anything that may in any way have been heard by anyone on the occasion of confession, cannot be accepted even as an indication of the truth.
ARTICLE 2: THE INTRODUCTION AND THE EXCLUSION OF WITNESSES
Can. 1554 Before witnesses are examined, their names are to be communicated to the parties. If, in the prudent opinion of the judge, this cannot be done without great difficulty, it is to be done at least before the publication of the evidence.
ARTICLE 3: THE EXAMINATION OF WITNESSES
§3 Without prejudice to the provisions of can. 1418 and 1469 §2, the judge is to decide where witnesses are to be heard for whom, by reason of distance, illness or other impediment, it is impossible or difficult to come to the office of the tribunal.
Can. 1559 The parties cannot be present at the examination of the witnesses unless, especially when there is question of a private interest, the judge has determined that they are to be admitted. Their advocates or procurators, however, may attend, unless by reason of the circumstances of matter and persons, the judge has determined that the proceedings are to be in secret.
§2 If in a grave matter the witnesses disagree either among themselves or with one of the parties, the judge may arrange for those who differ to meet or to confront one another, but must, in so far as possible, eliminate discord and scandal.
Can. 1561 The examination of a witness is conducted by the judge, or by his delegate or an auditor, who is to be attended by a notary. Accordingly, unless particular law provides otherwise, if the parties or the promoter of justice or the defender of the bond or the advocates who are present at the hearing have additional questions to put to the witness, they are to propose these not to the witness, but to the judge, or to the one who is taking the judge's place, so that he or she may put them.
Can. 1563 The judge is first of all to establish the identity of the witness. The relationship which the witness has with the parties is to be probed, and when specific questions concerning the case are asked of the witness enquiry is to be made into the sources of his or her knowledge and the precise time the witness came to know the matters which are asserted.
Can. 1564 The questions are to be brief, and appropriate to the understanding of the person being examined. They are not to encompass a number of matters at the same time, nor be captious or deceptive. They are not to be leading questions, nor give any form of offence. They are to be relevant to the case in question.
§2 If, however, the matters about which evidence is to be given are so remote in memory that they cannot be affirmed with certainty unless they are recalled beforehand, the judge may, if he thinks this can safely be done, advise the witness in advance about certain aspects of the matter.
Can. 1566 The witnesses are to give evidence orally. They are not to read from a script, except where there is a question of calculations or accounts; in this case, they may consult notes which they have brought with them.
Can. 1567 §1 The replies are to be written down at once by the notary. The record must show the very words of the evidence given, at least in what concerns those things which bear directly on the matter of the trial.
Can. 1568 The notary is to mention in the acts whether the oath was taken or excused or refused; who were present, parties and others; the questions added ex officio; and in general, everything worthy of record which may have occurred while the witnesses were being examined.
Can. 1569 §1 At the conclusion of the examination, the record of the evidence, either as written down by the notary or as played back from the taperecording, must be communicated to the witness, who is to be given the opportunity of adding to, omitting from, correcting or varying it.
Can. 1570 Before the acts or the testimony are published, witnesses, even though already examined, may be called for reexamination, either at the request of a party or ex officio. This may be done if the judge considers it either necessary or useful, provided there is no danger whatever of collusion or of inducement.
ARTICLE 4: THE CREDIBILITY OF EVIDENCE
Can. 1573 The deposition of one witness cannot amount to full proof, unless the witness is a qualified one who gives evidence on matters carried out in an official capacity, or unless the circumstances of persons and things persuade otherwise.
CHAPTER IV : EXPERTS
Can. 1574 The services of experts are to be used whenever, by a provision of the law or of the judge, their study and opinion, based upon their art or science, are required to establish some fact or to ascertain the true nature of some matter.
Can. 1578 §1 Each expert is to complete a report distinct from that of the others, unless the judge orders that one report be drawn up and signed by all of them. In this case, differences of opinion, if there are such, are to be faithfully noted.
§2 Experts must clearly indicate the documents or other appropriate means by which they have verified the identity of persons, places or things. They are also to state the manner and method followed in fulfilling the task assigned to them, and the principal arguments upon which their conclusions are based.
§2 If the judge admits them, these experts can inspect the acts of the case, in so far as required for the discharge of their duty, and can be present when the appointed experts fulfill their role. They can always submit their reports.
CHAPTER V : JUDICIAL ACCESS AND INSPECTION
Can. 1582 If, in order to decide the case, the judge considers it opportune to visit some place, or inspect some thing, he is to set this out in a decree. After he has heard the parties, the decree is to give a brief description of what is to be made available for this access.
CHAPTER VI : PRESUMPTIONS
TITLE V: INCIDENTAL MATTERS
Can. 1587 An incidental matter arises when, after the case has begun by the summons, a question is proposed which, even though not expressly raised in the petition which introduced the case, is yet so relevant to the case that it needs to be settled before the principal question.
Can. 1588 An incidental matter is proposed before the judge who is competent to decide the principal case. It is raised in writing or orally, indicating the connection between it and the principal case.
Can. 1589 §1 When the judge has received the petition and heard the parties, he is to decide with maximum expedition whether the proposed incidental matter has a foundation in, and a connection with, the principal matter, or whether it is to be rejected from the outset. If he admits it he must decide whether it is of such gravity that it needs to be determined by an interlocutory judgment or by a decree.
Can. 1591 Before the principal matter is concluded, the judge or the tribunal may for a just reason revoke or alter an interlocutory judgment or decree. This can be done either at the request of a party or ex officio by the judge after he has heard the parties.
CHAPTER I : THE NONAPPEARANCE OF PARTIES
Can. 1592 §1 If a respondent is summoned but does not appear, and either does not offer an adequate excuse for absence or has not replied in accordance with can. 1507 §1, the judge is to declare the person absent from the process, and decree that the case is to proceed to the definitive judgment and to its execution, with due observance of the proper norms.
Can. 1593 §1 If the respondent thereafter appears before the judge, or replies before the trial is concluded, he or she can bring forward conclusions and proofs, without prejudice to the provisions of can. 1600; the judge is to take care, however, that the process is not deliberately prolonged by lengthy and unnecessary delays.
§2 Even if the respondent has neither appeared nor given a reply before the case is decided, he or she can challenge the judgment; if the person can show that there was a just reason for being absent, and that there was no fault involved in not intimating this earlier, a plaint of nullity can be lodged.
Can. 1595 §1 A party, whether plaintiff or respondent, who is absent from the trial, and who does not establish the existence of a just impediment, is bound to pay the expenses which have been incurred in the case because of this absence, and also, if need be, to indemnify the other party.
CHAPTER II : THE INTERVENTION OF A THIRD PARTY IN A CASE
Can. 1596 §1 Any person with a legitimate interest can be allowed to intervene in a case in any instance of the suit, either as a party defending his or her own right or, in an accessory role, to help one of the litigants.
§3 A person who intervenes in a case is to be admitted at that stage which the case has reached. If the case has reached the evidence stage, a brief and peremptory time limit is to be assigned within which to bring forward evidence.
TITLE VI: THE PUBLICATION OF THE ACTS, THE CONCLUSION OF THE CASE AND THE PLEADINGS
Can. 1598 §1 When the evidence has been assembled, the judge must, under pain of nullity, by a decree permit the parties and their advocates to inspect at the tribunal office those acts which are not yet known to them. Indeed, if the advocates so request, a copy of the acts can be given to them. In cases which concern the public good, however, the judge can decide that, in order to avoid very serious dangers, some part or parts of the acts are not to be shown to anyone; he must take care, however, that the right of defense always remains intact.
§2 This conclusion occurs when the parties declare that they have nothing further to add, or when the canonical time allotted by the judge for the production of evidence has elapsed, or when the judge declares that he considers the case to be sufficiently instructed.
Can. 1600 Only in the following situations can the judge, after the conclusion of the case, still recall earlier witnesses or call new ones, or make provision for other evidence not previously requested:
§2 This right is given to the parties once only, unless for a grave reason the judge considers that the right to a second reply is to be given; if this right is given to one party, it is to be considered as given to the other as well.
Can. 1605 The notary is to be present at the oral discussion mentioned in canon. 1602 §1 and 1604 §2, so that, if the judge so orders, or the parties so request and the judge consents, the notary can immediately make a written report of what has been discussed and concluded.
Can. 1606 If the parties neglect to prepare their pleadings within the time allotted to them, or if they entrust themselves to the knowledge and conscience of the judge, and if at the same time the judge perceives the matter quite clearly from the acts and the proofs, he can pronounce judgment at once. He must, however, seek the observations of the promoter of justice and the defender of the bond if they were engaged in the trial.
TITLE VII : THE PRONOUNCEMENTS OF THE JUDGE
Can. 1607 A principal case which has been dealt with in judicial fashion is decided by the judge by a definitive judgment. An incidental matter is decided by an interlocutory judgment, without prejudice to can. 1589
§4 A judge who cannot arrive at such certainty is to pronounce that the right of the plaintiff is not established and is to find for the respondent except in a case which enjoys the favor of law, when he is to pronounce in its favor.
Can. 1609 §1 The presiding judge of a collegiate tribunal decides the day and time when it is to meet for discussion. Unless a special reason requires otherwise, the meeting is to be at the tribunal office.
§2 On the day appointed for the meeting, the individual judges are to bring their written conclusions on the merits of the case, with the reasons in law and in fact for reaching their conclusions. These conclusions are to be added to the acts of the case and to be kept in secrecy.
§3 Having invoked the divine Name, they are to offer their conclusions in order, beginning always with the 'ponens' or 'relator' in the case, and then in order of precedence. Under the chairmanship of the presiding judge, they are to hold their discussion principally with a view to establishing what is to be stated in the dispositive part of the judgment.
§4 In the discussion, each one is permitted to depart from an original conclusion. A judge who does not wish to accede to the decision of the others can demand that, if there is an appeal, his or her conclusions be forwarded to the higher tribunal.
§5 If the judges do not wish, or are unable, to reach a decision in the first discussion, they can defer their decision to another meeting, but not beyond one week, unless the instruction of the case has to be completed in accordance with can. 1600.
§2 In a collegiate tribunal, the 'ponens' or 'relator' is to draw up the judgment, using as reasons those tendered by the individual judges in their discussion, unless the reasons to be preferred have been defined by a majority of the judges. The judgment must then be submitted to the individual judges for their approval.
Can. 1612 §1 The judgment, after the invocation of the divine Name must state in order the judge or tribunal, and the plaintiff, respondent and procurator, with names and domiciles duly indicated. It is also to name the promoter of justice and the defender of the bond if they were engaged in the trial.
Can. 1614 A judgment is to be published as soon as possible, with an indication of the ways in which it can be challenged. Before publication it has no effect, even if the dispositive part may, with the permission of the judge, have been notified to the parties.
Can. 1615 The publication or notification of the judgment can be effected by giving a copy of the judgment to the parties or to their procurators, or by sending them a copy of it in accordance with can. 1509.
Can. 1616 §1 A judgment must be corrected or completed by the tribunal which gave it if, in the text of a judgment, there is an error in calculations, or a material error in the transcription of either the dispositive part or the presentation of the facts or the pleadings of the parties, or if any of the items required by can. 1612, §4 are omitted. This is to be done either at the request of the parties or ex officio, but always after having consulted the parties and by a decree appended to the foot of the judgment.
Can. 1617 Other pronouncements of a judge apart from the judgment, are decrees. If they are more than mere directions about procedure, they have no effect unless they give at least a summary of their reasons or refer to motives expressed in another act.
Can. 1618 An interlocutory judgment or a decree has the force of a definitive judgment if, in respect of at least one of the parties, it prevents the trial, or brings to an end the trial itself or any instance of it.
TITLE VIII: CHALLENGING THE JUDGMENT
CHAPTER I : THE PLAINT OF NULLITY OF THE JUDGMENT
Can. 1619 Without prejudice to canon. 1622 and 1623, whenever a case concerns the good of private individuals, acts which are null with a nullity established by positive law are validated by the judgment itself, if the nullity was known to the party making the plaint and was not raised with the judge before the judgment.
Can. 1621 In respect of the nullity mentioned in can. 1620, a plaint of nullity can be made in perpetuity by means of an exception, or within ten years of the date of publication of the judgment by means of an action before the judge who delivered the judgment.
Can. 1624 The judge who gave the judgment is to consider the plaint of its nullity. If the party fears that the judge who gave the judgment is biased, and consequently considers him suspect, he or she can demand that another judge take his place in accordance with can. 1450.
Can. 1626 §1 A plaint of nullity can be made not only by parties who regard themselves as injured, but also by the promoter of justice and the defender of the bond, whenever they have a right to intervene.
§2 Within the time limit established in can. 1623, the judge himself can retract or correct an invalid judgment he has given, unless in the meantime an appeal joined to a plaint of nullity has been lodged, or the nullity has been remedied by the expiry of the time limit mentioned in can. 1623.
CHAPTER II : THE APPEAL
Can. 1628 Without prejudice to the provisions of can. 1629, a party who considers him or herself to be injured by a judgment has a right to appeal from the judgment to a higher judge; in cases in which their presence is required, the promoter of justice and the defender of the bond have likewise the right to appeal.
Can. 1634 §1 To pursue the appeal, it is required and is sufficient that the party request the assistance of the higher judge to amend the judgment which is challenged, enclosing a copy of the judgment and indicating the reasons for the appeal.
§2 If the party is unable to obtain a copy of the appealed judgment from the originating tribunal within the canonical time limit, this time limit is in the meantime suspended. The problem is to be made known to the appeal judge, who is to oblige the originating judge by precept to fulfill his duty as soon as possible.
§2 Unless the law provides otherwise, an appeal made by the defender of the bond or the promoter of justice, can be renounced by the defender of the bond or the promoter of justice of the appeal tribunal.
§2 If there are several respondents or plaintiffs, and the judgment is challenged by only one of them, or is made against only one of them, the challenge is considered to be made by all and against all whenever the thing requested is an individual one or the obligation is a joint one.
§3 If one party challenges a judgment in regard to one ground, the other party can appeal incidentally on the other grounds, even if the canonical time limit for the appeal has expired. This incidental case is to be appealed within a peremptory time limit of fifteen days from the day of notification of the principal appeal.
Can. 1639 §1 Without prejudice to the provision of can. 1683, a new ground cannot be introduced at the appeal grade, not even by way of the useful accumulation of grounds. So the joinder of the issue can concern itself only with the confirmation or the reform of the first judgment, either in part or in whole.
Can. 1640 With the appropriate adjustments, the procedure at the appeal grade is to be the same as in first instance. Unless the evidence is to be supplemented, however, once the issue has been joined in accordance with can. 1513 §1 and can. 1639 §1, the judges are to proceed immediately to the discussion of the case and the judgment.
TITLE IX: ADJUDGED MATTER AND TOTAL REINSTATEMENT
CHAPTER I : ADJUDGED MATTER
§2 It has the effect of law between the parties; it gives the right to an action arising from the judgment and to an exception of an adjudged matter; to prevent a new introduction of the same case, the judge can even declare such an exception ex officio.
Can. 1644 §1 If two conforming sentences have been given in cases concerning the status of persons, recourse to a tribunal of appeal can be made at any time, to be supported by new and serious evidence or arguments which are to be submitted within a peremptory time limit of thirty days from the time the challenge was made. Within one month of receiving the new evidence and arguments, the appeal tribunal must declare by a decree whether or not a new presentation of the case is to be admitted.
§2 Recourse to a higher tribunal to obtain a new presentation of the case does not suspend the execution of the judgment, unless the law provides otherwise or the appeal tribunal orders a suspension in accordance with can. 1650 §3.
CHAPTER II : TOTAL REINSTATEMENT
Can. 1646 §1 Total reinstatement based on the reasons mentioned in can. 1645 §2, nn. 13, is to be requested from the judge who delivered the judgment within three months from the day on which these reasons became known.
§2 Total reinstatement based on the reasons mentioned in can. 1645 §2, nn. 4 and 5, is to be requested from the appeal tribunal within three months of notification of the publication of the judgment. In the case mentioned in can. 1645 §2, n. 5, if the preceding decision is not known until later, the time limit begins at the time the knowledge was obtained.
§2 If there are probable indications leading the judge to suspect that the plea was made to cause delays in execution, he may decide that the judgment be executed. The person seeking total reinstatement is, however, to be given suitable guarantees that, if it is granted, he or she will be indemnified.
TITLE X : JUDICIAL EXPENSES AND FREE LEGAL AID
§2 No distinct appeal exists from a pronouncement concerning expenses, honorariums and damages. The parties can, however, have recourse within ten days to the same judge, who can change the sum involved.
TITLE XI: THE EXECUTION OF THE JUDGMENT
§2 The judge who delivered the judgment and, if there has been an appeal, the appeal judge, can either ex officio or at the request of a party order the provisional execution of a judgment which has not yet become an adjudged matter, adding if need be appropriate guarantees when it is a matter of provisions or payments concerning necessary support. They can also do so for some other just and urgent reason.
§3 If the judgment mentioned in §2 is challenged, the judge who must deal with the challenge can suspend the execution or subject it to a guarantee, if he sees that the challenge is probably well founded and that irreparable harm could result from execution.
Can. 1651 Execution cannot take place before there is issued the judge's executing decree directing that the judgment be executed. Depending on the nature of the case, this decree is to be either included in the judgment itself or issued separately.
Can. 1652 If the execution of the judgment requires a prior statement of reasons, this is to be treated as an incidental question, to be decided by the judge who gave the judgment which is to be executed.
§2 If he refuses or neglects to do so, the execution of the judgment, at the request of an interested party or ex officio, belongs to the authority to which the appeal tribunal is subject in accordance with can. 1439 §3.
§2 He can deal with exceptions concerning the manner and the force of the execution, but not with the merits of the case. If he has ascertained from some other source that the judgment is null or manifestly unjust according to canon. 1620, 1622 and 1645, he is to refrain from executing the judgment, and is instead to refer the matter to the tribunal which delivered the judgment and to notify the parties.
§2 In personal actions, when a guilty person is condemned to hand over a movable possession or to pay money, or to give or do something, the judge in the judgment itself, or the executor according to his discretion and prudence, is to assign a time limit for the fulfillment of the obligation. This time limit is to be not less than fifteen days nor more than six months.
SECTION II: THE ORAL CONTENTIOUS PROCESS
2° indicate the evidence by which the plaintiff intends to demonstrate the facts and which cannot be brought forward with the petition; this is to be done in such a way that the evidence can immediately be gathered by the judge.
Can. 1659 §1 If an attempt at mediation in accordance with can. 1446 §2 has proven fruitless, the judge, if he deems that the petition has some foundation, is within three days to add a decree at the foot of the petition. In this decree he is to order that a copy of the plea be notified to the respondent, with the right to send a written reply to the tribunal office within fifteen days.
Can. 1660 If the exceptions raised by the respondent so require, the judge is to assign the plaintiff a time limit for a reply, so that from the material advanced by each he can clearly discern the object of the controversy.
Can. 1661 §1 When the time limits mentioned in canon. 1659 and 1660 have expired, the judge, after examining the acts, is to determine the point at issue. He is then to summon all who must be present to a hearing, which is to be held within thirty days; for the parties, he is to add the formulation of the point at issue.
Can. 1664 The replies of the parties, witnesses and experts, and the pleas and exceptions of the advocates, are to be written down by the notary in summary fashion, restricting the record to those things which bear on the substance of the controversy. This record is to be signed by the persons testifying.
Can. 1665 The judge can admit evidence which is not alleged or sought in the plea or the reply, but only in accordance with can. 1452. After the hearing of even one witness, however, the judge can admit new evidence only in accordance with can. 1600.
Can. 1668 §1 At the conclusion of the hearing, the judge can decide the case forthwith, unless it emerges from the discussion that something needs to be added to the instruction of the case, or that there is something which prevents a judgment being correctly delivered. The dispositive part of the judgment is to be read immediately in the presence of the parties.
Can. 1669 If the appeal tribunal discerns that a lower tribunal has used the oral contentious procedure in cases which are excluded by law, it is to declare the judgment invalid and refer the case back to the tribunal which delivered the judgment.
Can. 1670 In all other matters concerning procedure, the provisions of the canons on ordinary contentious trials are to be followed. In order to expedite matters, however, while safeguarding justice, the tribunal can, by a decree and for stated reasons, derogate from procedural norms which are not prescribed for validity.