Title XI: Of Incidental Causes

An incidental cause is had whenever, after judgment has been begun at least by citation, a question is proposed by one of the parties, or by the promoter of justice or defender of the bond if they are present in the judgment, which, although it is not expressly contained in the libellus by which the litigation is introduced, nevertheless so pertains to the cause that it generally must be resolved before the principal question.

An incidental cause is proposed either orally or by libellus, with the bond which exists between it and the principal cause indicated, and with the rules established in can. 1706-1725 observed insofar as this can be done.

Once the libellus or verbal petition has been received, and the parties having been heard, and, if there is need, the promoter of justice or defender of the bond, the judge is to deliberate with himself whether the proposed incidental question is futile and raised only to delay the principal judgment; and likewise whether the incidental cause is of such a nature and coheres by such a bond with the principal cause that it must be resolved before it. If the matter is so, he is to admit the libellus or instance; otherwise he is to reject it by his decree.

§ 1. Whether the incidental question which is raised must be defined with the judicial form observed, or by mere decree, the judge is to estimate with attention to the quality and gravity of the matter.

§ 2. If the incidental cause must be defined judicially, the rules which obtain in ordinary trials are to be observed insofar as this can be done; nevertheless the judge is to take care that the terms of delays be as brief as possible.

§ 3. In the decree by which, without the judicial form being observed, he either rejects or defines the incidental question, the judge is to set forth briefly the reasons on which he relies, in law and in fact.

Before the principal cause is finished, the judge can, with a just cause intervening, correct or revoke an interlocutory sentence either of himself, after the parties have been heard, or at the instance of one party after the other party has been heard, and with the vote of the promoter of justice or defender of the bond always required, if they are present.