Article V: Of the Publication of Testimonies and Their Reprobation

§ 1. When the parties or their procurators were not present at the examination, testimonies can, immediately after the examination of all witnesses has been completed, be published by decree of the judge.

§ 2. But the judge can defer the publication of testimonies to the time when the remaining heads of proofs have been completed, if he judges this useful to the matter.

After the publication of testimonies:

1° The faculty of reprobating the person of a witness ceases, except the case of which in can. 1764, Sec. 4.

2° But there is a right of reprobating witnesses either as regards the manner of examination, namely when rules of law neglected in carrying out the examination are objected, or as regards the testimonies themselves, namely when testimonies are impugned concerning falsity, variation, contradiction, obscurity, defect of knowledge, and similar things.

The judge is to reject reprobation by his decree if he notices that it rests on a futile foundation or was made for delaying the judgment.

If the judgment of reprobation is admitted, the judge is to prescribe a brief term to the party requesting for proving the reprobation, and then he is to proceed as in other incidental causes.

After the testimonies have been published, witnesses already heard are not to be interrogated again concerning the same articles, nor are new witnesses to be admitted, except cautiously and from a grave reason in causes which never pass into a judged matter; from a most grave reason in other causes; and in any case with every danger of fraud and subornation removed, the other party having been heard, and the vote of the promoter of justice or defender of the bond having been required, if these are present in the judgment; all which things the judge is to define by his decree.