The Catholic World, Vol. 10, October, 1869 to March, 1870Various
Religion
The Catholic World, Vol. 10, October, 1869 to March, 1870
Various
Catholic Church -- Periodicals
The defences of parties are presented in written memorials in the
Latin tongue, signed by an advocate or by a proctor approved by the
Roman court. These memorials are deposited with the secretary and
communicated to the complainants, as are also copies of all documents
that are produced, in nearly the same manner as in the highest
civil tribunals. These memorials are in turn succeeded by written
replications, signed and filed in the same way. Unless by special
permission, the memorials are limited to five printed sheets, and the
replications to two. In case of negligence, the proctor is liable to
a penalty. No supplementary writings are admissible.
From these papers the secretary makes memoranda, briefly setting
forth the whole affair and the principal arguments, the facts and
the law, as claimed by the parties, all of which, together with the
defences and replications, are printed and distributed in duplicate
to the cardinals. These, then, receive separately the parties with
their advocates and listen to their explanations, if they judge any
to be useful to their cause. These interviews are not, however,
secret. Both adversaries have their audiences, and they contribute
very much to elucidate doubtful matters.
The day of decision is fixed by the secretary. There is never any
delay except for the greatest reasons. The production of the defences
must take place at least thirty days before that of final judgment.
The printed memoranda are distributed at least six days before
it. The circulation of the papers and supplemental documents is
finished in the same interval. The audiences to parties are granted
within the last four or five days which precede. The distribution
of replications is made at latest the day before the session. After
this, no notice is taken of any testimony or document produced by one
of the parties, unless with the consent of the other.
There are no contradictory pleadings, no public audiences. Every
thing is done in writing. The cardinals, well instructed in the
cause from the defences, replications, documents, memoranda of the
secretaries, and the previous verbal explanations of the advocates,
assemble on the appointed day and deliberate out of the hearing of
the parties. This deliberation is secret, and sometimes takes place
between two audiences.
After judgment is rendered, the losing party has ten days in which to
petition for a new trial for the revision of the sentence by the same
congregation. The prefect grants this petition; the new hearing takes
place at the end of three months; and the party who demands it, if
defeated, defrays the expenses.
When sentence has been rendered, and has become of full force as a
judgment, an exemplification of it is transmitted to the winning
party, who presents it at the executive office of letters-apostolic
and of decrees of congregations, in order that it may be couched in
the requisite formularies.
Public-domain text, read in full here on John Shaqi.
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