Article III: Of the Notary, the Promoter of Justice, and the Defender of the Bond

§ 1. A notary must be present at any process, who performs the office of actuary; so much so that acts are to be considered null if they have not been written by the hand of the actuary or at least signed by him.

§ 2. Wherefore the judge, before he begins to hear the cause, must assume as actuary one from the legitimately constituted notaries, unless the Ordinary himself has already designated someone for that cause.

In the diocese there is to be constituted a promoter of justice and a defender of the bond; the former for causes, both contentious ones in which the public good, in the judgment of the Ordinary, can be called into danger, and criminal ones; the latter for causes in which there is question of the bond of sacred ordination or marriage.

§ 1. In causes in which their presence is required, if the promoter of justice or defender of the bond has not been cited, the acts are invalid, unless they, although not cited, were really present.

§ 2. If, having been legitimately cited, they were not present at some acts, the acts indeed are valid, but afterward must absolutely be submitted to their examination, so that they can observe and propose all those things, either orally or in writing, which they have judged necessary or opportune.

§ 1. The same person can hold the office of promoter of justice and defender of the bond, unless the multiplicity of affairs and causes prohibits this.

§ 2. The promoter and defender can be constituted both for the totality of causes and for individual causes.

§ 1. It belongs to the Ordinary to choose the promoter of justice and defender of the bond, who are to be priests of whole reputation, doctors in canon law or otherwise expert, and proven in prudence and zeal for justice.

§ 2. In the tribunal of religious, the promoter of justice is moreover to be a member of the same religion.

§ 1. The promoter of justice and defender of the bond chosen for the totality of causes do not cease from office when the episcopal see is vacant, nor can they be removed by the Vicar Capitular; but when the new Prelate arrives, they need confirmation.

§ 2. Nevertheless, a just cause intervening, the Bishop can remove them.