Chapter I: Of the Libellus Introducing Litigation

One who wishes to convene someone must present a libellus to the competent judge, in which the object of the controversy is proposed, and the ministry of the judge is requested for pursuing the rights brought forward.

§ 1. One who does not know how to write, or is legitimately impeded from presenting a libellus, can propose his petition orally before the tribunal.

§ 2. Likewise in causes of easier investigation and lesser moment, and therefore to be expedited quickly, the admission of a petition made orally to himself is left to the judgment of the judge.

§ 3. In each case, however, the judge is to order a notary to reduce the act to writing, which is to be read to the actor and approved by him.

The libellus by which litigation is introduced must:

1° Express before which judge the cause is introduced, what is sought, and from whom it is sought.

2° Indicate, at least generally, by what right the actor is supported for proving those things which are alleged and asserted.

3° Be signed by the actor or his procurator, with the day, month, and year added, and also the place in which the actor or his procurator lives, or has said that he resides for the sake of receiving the acts.

§ 1. The judge or tribunal, after he has seen both that the matter belongs to his competence and that the actor has a legitimate person for standing in judgment, must as quickly as possible either admit or reject the libellus, with the causes of rejection added in this latter case.

§ 2. If by decree of the judge the libellus has been rejected because of defects which can be emended, the actor can again present to the same judge a new libellus duly made; but if the judge rejects the emended libellus, he must explain the reasons for the new rejection.

§ 3. Against rejection of the libellus it always remains open to the party, within the useful time of ten days, to interpose recourse to the higher tribunal; by which, the party and the promoter of justice or defender of the bond having been heard, the question of rejection is to be defined most expeditiously.

If the judge within a continuous month from the libellus having been presented has not issued a decree by which he admits or rejects the libellus according to the norm of can. 1709, the party whose interest it is can insist that the judge perform his office; but if nevertheless the judge is silent, after five days have elapsed from the instance made, he can interpose recourse to the local Ordinary, if the judge himself is not he, or to the higher tribunal, so that either the judge may be compelled to define the cause or another be substituted in his place.