Article IV: Of the Examination of Witnesses

§ 1. Witnesses are to be subjected to examination at the very seat of the tribunal.

§ 2. From this general rule are excepted:

1° Cardinals of the Holy Roman Church, Bishops, and illustrious persons who by the law of their state are exempt from the obligation of appearing before a judge for the sake of testifying; all these can themselves choose the place where they testify, concerning which they must make the judge more certain.

2° Those who because of illness or another impediment of body or mind, or condition of life, such as nuns, cannot approach the seat of the tribunal; they are to be heard at home.

3° Those dwelling outside the diocese who cannot return into the diocese and approach the seat of the tribunal without grave inconvenience; they are to be heard by the tribunal of the place in which they are staying according to the norm of can. 1570, Sec. 2, according to the interrogations and instructions transmitted by the judge of the cause.

4° Those who indeed are staying in the diocese, but in places so distant from the seat of the tribunal that without grave expenses they can neither approach the judge themselves nor be approached by the judge. In this case the judge must depute some nearer priest, worthy and suitable, so that, with the assistance of someone who performs the office of actuary, he may complete the examination of these witnesses, the questions to be asked being likewise transmitted to him and opportune instructions being given.

The parties cannot be present at the examination of witnesses unless the judge has judged that they are to be admitted.

§ 1. Witnesses are to be examined individually and separately.

§ 2. Nevertheless it is left to the prudent judgment of the judge, after testimonies have been given, to bring witnesses together among themselves or with a party, or, as it is commonly said, to confront them.

§ 3. This can be done if all these things occur at the same time, namely:

1° If witnesses disagree among themselves or with a party in a grave matter touching the substance of the cause.

2° If no other easier way for detecting the truth is available.

3° If there is no danger of scandal or dissensions to be feared from the comparison.

§ 1. The examination is made by the judge, or by his delegate or auditor, whom a notary must assist.

§ 2. In the examination, questions are to be put to the witnesses by no one other than the judge or the one who holds the place of the judge. Therefore if the parties, or the promoter of justice, or the defender of the bond are present at the examination and have new questions to be asked of the witness, they must propose these not to the witness, but to the judge or the one holding his place, so that he himself may put them.

The witness must first be interrogated not only concerning the general circumstances of the person, that is, concerning name, surname, origin, age, religion, condition, and domicile, but also concerning what relationship he has with the parties in the cause; then questions which regard the cause itself are to be put, and it is to be asked whence and how he has known those things which he asserts.

Let the questions be brief, not embracing many things at the same time, not captious, not deceitful, not suggesting the response, removed from any offense, and pertinent to the cause which is being conducted.

§ 1. Questions are not to be communicated beforehand with the witnesses.

§ 2. Nevertheless, if the things which are to be testified are so removed from memory that unless they are first recalled they cannot be affirmed certainly, the judge can warn the witness beforehand about some matters, if he judges that this can be done without danger.

Witnesses are to give testimony orally and not read a writing, unless there is question of calculation and accounts; for then they can consult notes which they have brought with them.

The response is to be reduced to writing immediately by the actuary, not only as regards the substance, but also as regards the very words of the testimony given, unless the judge, with attention to the smallness of the cause, has enough that the substance alone of the deposition be reported.

The actuary is to make mention in the acts concerning the oath rendered, remitted, or refused, concerning the presence of the parties and others, concerning questions added from office, and generally concerning all noteworthy things which perhaps occurred while the witnesses were being examined.

§ 1. Before the witness departs from the hearing room, the things which the actuary reduced to writing concerning those matters which he himself testified by living voice must be read to him, with the faculty given to the same witness of adding, suppressing, correcting, and varying.

§ 2. Finally the witness, the judge, and the notary must sign the act.

Witnesses, although already examined, can, at the request of a party or from office, before the acts or testimonies become public, be called again to examination if the judge considers it necessary or useful, provided however that every danger of collusion or corruption is absent.