Chapter — 1917 Code of Canon Law
Chapter V: Of the Publication of the Process, Conclusion in the Cause, and Sentence
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
§ 1. Once the process has been published, it is still lawful for the parties to introduce new witnesses, according nevertheless to the norm of can. 1786, concerning different articles.
§ 2. But if witnesses already examined must be heard again concerning the same articles previously proposed, the prescription of can. 1781 is to be observed, the right of the defender of the bond to propose opportune exceptions remaining intact.
§ 1. Publicato processu fas adhuc est partibus novos testes, ad normam tamen can. 1786, super diversis articulis inducere.
§ 2. Si vero testes iam excussi super iisdem articulis antea propositis denuo audiendi sint, servetur praescriptum can. 1781, integro iure defensoris vinculi opportunas proponendi exceptiones.
§ 1. The defender of the bond has the right that in alleging, petitioning, and responding, both in writings and in oral defense, he be heard last.
§ 2. Wherefore the tribunal is not to come to definitive sentence unless the defender of the bond, having first been interrogated, has declared that nothing to be brought forward or investigated remains to him.
§ 3. But if before the day of judgment predefined by the judge the defender has brought forward nothing, he is presumed to have nothing now to be brought forward.
§ 1. Defensor vinculi ius habet ut in allegando, petendo et respondendo tam in scriptis quam in defensione orali, audiatur postremus.
§ 2. Quare tribunal ad definitivam sententiam ne deveniat, nisi prius vinculi defensor interrogatus declaraverit sibi nihil deducendum vel inquirendum superesse.
§ 3. Si vero ante praefinitum a iudice iudicii diem defensor nihil deduxerit, praesumitur eum nihil iam deducendum habere.
In causes which pertain to dispensation of a ratified and non-consummated marriage, the instructing judge is to come neither to publication of the process nor to sentence concerning the non-consummation itself and the causes for dispensing, but is to transmit all the acts together with the written vote of the Bishop and of the defender of the bond to the Apostolic See.
In causis quae spectant ad dispensationem matrimonii rati et non consummati, iudex instructor neque ad publicationem processus neque ad sententiam super ipsa inconsummatione et causis ad dispensandum deveniat, sed omnia acta una cum voto scripto Episcopi et defensoris vinculi transmittat ad Sedem Apostolicam.
1983 Code correlation: can. 1703-5