Chapter II: Of Citation and Notification of Judicial Acts

§ 1. Once the libellus or oral petition has been admitted, there is place for a calling into court, or citation, of the other party.

§ 2. But if the litigating parties present themselves spontaneously before the judge to conduct the cause, there is no need of citation, but the actuary is to signify in the acts that the parties were present at the judgment spontaneously.

§ 1. Citation is made by the judge and is inscribed on or joined to the libellus introducing litigation.

§ 2. It is notified to the defendant, and, if there are several, to each one.

§ 3. It must moreover be made known to the actor, so that on the established day and hour he too may present himself before the judge.

If litigation is moved against one who does not have free administration of the things about which discussion is had, citation is to be notified to the one who is bound to undertake judgment in his name according to the norm of can. 1648-1654.

Every citation is peremptory; nor is it necessary that it be repeated, except in the case of which in can. 1845, Sec. 2.

§ 1. Citation is to be notified by a notice, which is to express the precept of the judge made to the party convened to appear, that is, before which judge, for what cause indicated at least in general words, by which actor, the defendant, duly designated by name and surname, is convened; and also it is clearly to indicate the place and time, that is, the year, month, day, and hour fixed for appearing.

§ 2. The citation, furnished with the seal of the tribunal, must be signed by the judge or by his auditor and by the notary.

Citation is to be made in a double notice, of which one is sent to the defendant convened, the other is preserved in the acts.

§ 1. The notice of citation, if it can be done, is to be handed by the courier of the Curia to the one convened himself, wherever he is found.

§ 2. For this purpose the courier can even enter the boundaries of another diocese, if the judge has judged this expedient and has mandated it to the same courier.

§ 3. If the courier has not found the person convened in the place where he is staying, he can leave the citation notice with someone of his family or service, if this person is prepared to receive it and promises that he will hand the accepted notice to the defendant convened as soon as possible; otherwise he is to refer it to the judge, so that it may be transmitted according to the norm of can. 1719, 1720.

A defendant who refuses to receive the citation notice is to be held legitimately cited.

If because of distance or another cause the citation notice can be handed to the defendant convened only with difficulty by the courier, it can, by order of the judge, be transmitted through public postal carriers, provided it is registered and with a receipt of reception, or in another way which according to the laws and conditions of places is safest.

§ 1. Whenever, after diligent inquiry has been completed, it is still unknown where the defendant is staying, there is place for citation by edict.

§ 2. This is done by the courier affixing the notice of citation, in the manner of an edict, to the doors of the Curia for a time to be determined by the prudent judgment of the judge and by inserting it in some public newspaper; but if both cannot be done, either one will suffice.

§ 1. When the courier leaves the notice of citation in the hand of the defendant convened, he must sign it, with the day and hour noted on which it was handed to the defendant.

§ 2. He is to do the same if he leaves it in the hands of someone of the family or service of the defendant convened, with the name of the person to whom he handed the notice moreover added.

§ 3. If citation is made by edict, the courier is to sign at the foot of the edict on what day and hour the edict was affixed to the doors of the Curia and how long it remained affixed.

§ 4. If the defendant refuses reception of the notice, the courier is to send the notice itself, signed and with the day and hour of refusal added, back to the judge.

§ 1. The courier is to report to the judge those things which he carried out in writings signed by his own hand, which are to be preserved in the acts.

§ 2. If citation is transmitted through the office of postal carriers, the proof of the same office is to be preserved in the acts.

If the citation notice does not report those things which are prescribed in can. 1715 or has not been legitimately intimated, both the citation and the acts of the process are of no moment.

The rules established above for citation of the defendant are also to be accommodated and applied to the other acts of the judgment, according to their different nature, as to notification of decrees or sentences and other things of this kind.

When citation has been legitimately completed or the parties have come spontaneously into judgment:

1° The matter ceases to be intact.

2° The cause becomes proper to that judge or tribunal before whom the action was instituted.

3° In a delegated judge, jurisdiction is made firm so that it does not expire when the right of the delegating one is resolved.

4° Prescription is interrupted, unless something else is provided, according to the norm of can. 1508.

5° Litigation begins to be pending; and therefore immediately the principle has place: while litigation is pending, nothing is to be changed.