Title XII: Of the Publication of the Process, of Conclusion in the Cause, and of Discussion of the Cause

Before the discussion of the cause and sentence, all proofs which are in the acts and which have still remained secret are to be published.

Once the faculty of inspecting the processual acts and of requesting a copy of them has been granted to the parties and their advocates, publication of the process is understood to have been made.

§ 1. When all things which pertain to producing proofs have been completed, one must come to conclusion in the cause.

§ 2. This conclusion is had whenever either the parties interrogated by the judge declare that they have nothing else to be brought forward, or the useful time prescribed by the judge for proposing proofs has elapsed, or the judge declares that he has the cause sufficiently instructed.

§ 3. Concerning the completed conclusion in the cause, in whatever way it has occurred, the judge is to issue a decree.

§ 1. After conclusion in the cause, new proofs are inhibited, unless there is question of causes which never pass into a judged matter, or of documents now found for the first time, or of witnesses who earlier because of a legitimate impediment could not be introduced in useful time.

§ 2. If he thinks that new proofs must be admitted, the judge is to decree this after the other party has been heard, to whom he is to grant suitable time so that he can learn the new proofs and defend himself; otherwise the judgment is of no moment.

§ 1. Once conclusion in the cause has been made, the judge, according to his prudent judgment, is to prescribe to the parties a suitable space of time for exhibiting their defenses or allegations, whether by themselves or through an advocate.

§ 2. This term can be prolonged by the judge at the instance of one party, after the other has been heard; or even shortened, with both consenting.

§ 1. The defense is to be prepared in writing, and regularly to be written in as many copies as there are judges, so that individual copies can be distributed to the individual judges.

§ 2. But a copy must also be handed to the promoter of justice and defender of the bond, if they are present in the judgment; moreover the parties must exchange copies among themselves.

§ 3. The president of the tribunal, whenever according to his prudent judgment he thinks it necessary and notices that it can be done without excessive burden to the parties, can mandate that the defense be printed together with the principal documents to be joined in a fascicle which contains a summary of the acts and documents.

§ 4. In this case he is to order that nothing be printed unless the manuscript has first been exhibited and permission for publishing it obtained; moreover he is to take diligent care concerning secrecy, if any must be preserved in the cause.

It belongs to the judge, and in a collegial tribunal to the president, to moderate according to his prudence the excessive extension of defenses, unless provision has been made concerning this by a particular law of the tribunal.

§ 1. Once the writings of the defenses have been communicated mutually between the parties, it is permitted to each party to exhibit responses within the brief time prescribed by the judge, with the rules and cautions of which in can. 1863, 1864 observed.

§ 2. Let this right belong to the parties one time only, unless because of a grave cause it seems to the judge that it must be granted again; then, however, a grant made to one party is considered also to have been given to the other.

§ 1. Oral informations, as they are called, by which namely advocates strive to instruct the judge concerning circumstances of law and fact regarding the cause, are prohibited.

§ 2. Nevertheless moderate disputation before the judge sitting for the tribunal is admitted for illustrating something, if, with either or both parties petitioning, the judge considers it useful and admits it.

§ 3. To obtain the disputation, the parties must exhibit in writing the heads of questions to be discussed with the other party, expressed in few words; but it belongs to the judge to communicate these with the parties on both sides, and to assign the day and hour for the disputation and to moderate the disputation itself.

§ 4. Let one of the notaries of the tribunal assist at the disputation for this purpose: that, if the judge prescribes or a party petitions and the judge consents, he can immediately report in writing, according to the path of law, concerning the things debated, confessed, or concluded.

In contentious causes, if the parties neglect to prepare a defense for themselves in useful time, or commit themselves to the knowledge and conscience of the judge, the judge, if from the acts and proofs he has the matter plainly seen, will be able at once to pronounce sentence.