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Code of Canon Law


IntraText - Concordances
judge
    Book,  Part, Can.
1 1, 0, 125| through the sentence of a judge, either at the instance 2 4, 1, 961| to the diocesan bishop to judge whether the conditions required 3 4, 1, 978| remember that he is equally a judge and a physician and has 4 6, 1, 1314| the prudent appraisal of a judge.~§3. Particular law also 5 6, 1, 1323| imputability was grave.~§2. A judge can act in the same manner 6 6, 1, 1325| Can. 1326 §1. A judge can punish the following 7 6, 1, 1341| declaration of a penalty by a judge in a trial must be applied 8 6, 1, 1342| law or precept gives the judge the power to apply or not 9 6, 1, 1342| not apply a penalty, the judge can also temper the penalty 10 6, 1, 1343| uses preceptive words, the judge can, according to his own 11 6, 1, 1343| the time determined by the judge, the person is to pay the 12 6, 1, 1344| or something similar, the judge can also abstain from imposing 13 6, 1, 1345| prudent decision of the judge to moderate the penalties 14 6, 1, 1348| not provide otherwise, the judge is not to impose graver 15 6, 1, 1362| executive decree of the judge mentioned in can. 1651 within 16 7, 1, 1404| Roman Pontiff himself to judge in the cases mentioned in 17 7, 1, 1404| his own judgment.~§2. A judge cannot review an act or 18 7, 1, 1406| before an ecclesiastical judge who is competent by reason 19 7, 1, 1406| 2. The incompetence of a judge supported by none of these 20 7, 1, 1416| exercise of jurisdiction by a judge who has already begun to 21 7, 1, 1416| appeal. For this reason, the judge can prosecute a trial even 22 7, 1, 1416| Apostolic See has informed the judge that it has called the case 23 7, 1 | Art. 1.~THE JUDGE~ 24 7, 1, 1418| expressly excepted by law, the judge of first instance is the 25 7, 1, 1419| with ordinary power to judge, distinct from the vicar 26 7, 1, 1419| with the bishop but cannot judge cases which the bishop reserves 27 7, 1, 1423| 1424 In any trial, a single judge can employ two assessors 28 7, 1, 1424| cases to a single clerical judge who is to employ an assessor 29 7, 1, 1426| of pontifical right, the judge of first instance is the 30 7, 1, 1426| the supreme moderator will judge in first instance either 31 7, 1, 1426| monastic congregation will judge in first instance.~§3. Finally, 32 7, 1, 1427| Can. 1428 §1. The judge or the president of a collegiate 33 7, 1, 1427| according to the mandate of the judge, only to collect the proofs 34 7, 1, 1427| those collected over to the judge. Unless the mandate of the 35 7, 1, 1427| Unless the mandate of the judge prevents it, however, the 36 7, 1, 1430| for the diocesan bishop to judge whether or not the public 37 7, 1, 1433| whenever the law requires the judge to hear either both or one 38 7, 1, 1433| required in order for the judge to be able to decide something, 39 7, 1, 1440| the incompetence of the judge is absolute.~ 40 7, 1, 1441| Nevertheless, if a single judge rendered a sentence in the 41 7, 1, 1442| Roman Pontiff is the supreme judge for the entire Catholic 42 7, 1, 1446| possible.~§2. Whenever the judge perceives some hope of a 43 7, 1, 1446| even at any other time, the judge is not to neglect to encourage 44 7, 1, 1446| good of the parties, the judge is to discern whether the 45 7, 1, 1447| taken part in a case as a judge, promoter of justice, defender 46 7, 1, 1447| decide the same case as judge or perform the function 47 7, 1, 1448| Can. 1448 §1. A judge is not to undertake the 48 7, 1, 1448| adjudication of a case in which the judge is involved by reason of 49 7, 1, 1449| mentioned in can. 1448 the judge does not withdraw, a party 50 7, 1, 1449| an objection against the judge.~§2. The judicial vicar 51 7, 1, 1449| 3. If the bishop is the judge and the objection is lodged 52 7, 1, 1449| collegiate tribunal or the single judge deals with this exception.~ 53 7, 1, 1451| lodged.~§2. Acts placed by a judge before an objection is lodged 54 7, 1, 1452| private persons alone, a judge can proceed only at the 55 7, 1, 1452| introduced, however, the judge can and must proceed even 56 7, 1, 1452| souls.~§2. Furthermore, the judge can supply for the negligence 57 7, 1, 1452| exceptions whenever the judge considers it necessary in 58 7, 1, 1455| other disadvantage, the judge can bind the witnesses, 59 7, 1, 1456| Can. 1456 The judge and all officials of the 60 7, 1, 1457| as described above; the judge can also punish all of them.~ 61 7, 1, 1459| grade of the trial; the judge can likewise declare them 62 7, 1, 1460| against the competence of the judge, that judge must deal with 63 7, 1, 1460| competence of the judge, that judge must deal with the matter.~§ 64 7, 1, 1460| relative incompetence, if the judge finds for competence, the 65 7, 1, 1460| not prohibited.~§3. If the judge finds for incompetence, 66 7, 1, 1461| Can. 1461 A judge who becomes aware of being 67 7, 1, 1463| adjudicate them separately or the judge considers it more opportune 68 7, 1, 1465| limits lapse, however, the judge can extend them for a just 69 7, 1, 1465| if they request it; the judge, however, can never shorten 70 7, 1, 1465| agree.~§3. Nevertheless, the judge is to take care that such 71 7, 1, 1466| completing procedural acts, the judge must define them after having 72 7, 1, 1469| Can. 1469 §1. A judge expelled by force from his 73 7, 1, 1469| having heard the parties, the judge can also go outside the 74 7, 1, 1469| bishop of the place where the judge goes and in the location 75 7, 1, 1470| court whom the law or the judge has established as necessary 76 7, 1, 1470| appropriate penalties, the judge can call to task all those 77 7, 1, 1470| tribunal; furthermore, the judge can also suspend advocates 78 7, 1, 1471| language unknown to the judge or the parties, an interpreter 79 7, 1, 1471| interpreter designated by the judge and under oath is to be 80 7, 1, 1471| be questioned unless the judge may prefer the person to 81 7, 1, 1473| be noted in the acts; the judge and the notary are also 82 7, 1, 1475| Without a mandate of the judge, notaries and the chancellor 83 7, 1, 1477| prescript of the law or of the judge.~ 84 7, 1, 1478| prescript of §3.~§2. If the judge thinks that the rights of 85 7, 1, 1478| curator appointed by the judge.~§3. Nevertheless, in spiritual 86 7, 1, 1478| curator appointed by the judge.~§4. Those deprived of the 87 7, 1, 1478| delicts or at the order of the judge; otherwise, they must petition 88 7, 1, 1479| present, the ecclesiastical judge can admit the guardian or 89 7, 1, 1479| not seem admissible, the judge will appoint a guardian 90 7, 1, 1481| respond personally unless the judge has decided that the services 91 7, 1, 1481| personally or assigned by the judge.~§3. In a contentious trial 92 7, 1, 1481| exception of marriage cases, the judge is to appoint ex officio 93 7, 1, 1484| of a right, however, the judge can admit a procurator even 94 7, 1, 1484| time established by the judge.~ 95 7, 1, 1486| already been joined, the judge and the opposing party must 96 7, 1, 1487| 1487 For a grave cause, the judge either ex officio or at 97 7, 1, 1488| agreement is null, and the judge can fine them. Moreover, 98 7, 1, 1494| petitioner before the same judge in the same trial either 99 7, 1, 1495| must be presented to the judge before whom the first action 100 7, 1, 1495| action was filed even if the judge was delegated for only one 101 7, 1, 1496| its sequestration from the judge.~§2. In similar circumstances, 102 7, 1, 1499| Can. 1499 A judge who grants the sequestration 103 7, 2, 1501| Can. 1501 A judge cannot adjudicate a case 104 7, 2, 1502| must present to a competent judge a libellus which sets forth 105 7, 2, 1502| requests the services of the judge.~ 106 7, 2, 1503| Can. 1503 §1. The judge can accept an oral petition 107 7, 2, 1503| either case, however, the judge is to order the notary to 108 7, 2, 1504| litigation, must:~1/ express the judge before whom the case is 109 7, 2, 1505| 1505 §1. When a single judge or the president of a collegiate 110 7, 2, 1505| rejected only:~1/ if the judge or tribunal is incompetent;~ 111 7, 2, 1505| prepared libellus to the same judge.~§4. A party is always free 112 7, 2, 1505| rejected by the presiding judge; the question of the rejection 113 7, 2, 1506| presentation of the libellus the judge has not issued a decree 114 7, 2, 1506| party can insist that the judge fulfill his function. If 115 7, 2, 1506| fulfill his function. If the judge takes no action within ten 116 7, 2, 1507| libellus of the petitioner, the judge or the presiding judge must 117 7, 2, 1507| the judge or the presiding judge must call the other parties 118 7, 2, 1507| present themselves before the judge to come to agreement about 119 7, 2, 1507| the written responses the judge perceives it necessary to 120 7, 2, 1507| convene the parties, the judge can establish that by a 121 7, 2, 1507| present themselves before the judge to pursue the case, however, 122 7, 2, 1508| unless for grave causes the judge determines that the libellus 123 7, 2, 1512| have appeared before the judge to pursue the case:~1/ the 124 7, 2, 1512| the otherwise competent judge or tribunal before which 125 7, 2, 1512| jurisdiction of a delegated judge is fixed in such a way that 126 7, 2, 1513| through a decree of the judge.~§2. The petitions and responses 127 7, 2, 1513| declarations made before the judge; in more difficult cases, 128 7, 2, 1513| difficult cases, however, the judge must convene the parties 129 7, 2, 1513| sentence.~§3. The decree of the judge must be communicated to 130 7, 2, 1513| can make recourse to the judge within ten days in order 131 7, 2, 1513| change them; a decree of the judge, however, must resolve the 132 7, 2, 1516| issue has been joined, the judge is to prescribe a suitable 133 7, 2, 1518| has been concluded, the judge must proceed to the additional 134 7, 2, 1519| in the meantime.~§2. The judge, however, is to appoint 135 7, 2, 1519| as soon as possible; the judge can appoint a procurator 136 7, 2, 1519| period established by the judge.~ 137 7, 2, 1524| party, and accepted by the judge.~ 138 7, 2, 1525| renunciation accepted by the judge has the same effects for 139 7, 2, 1526| other unless the law or the judge nevertheless requires proof.~ 140 7, 2, 1527| that a proof rejected by a judge be accepted, the judge is 141 7, 2, 1527| a judge be accepted, the judge is to decide the matter 142 7, 2, 1528| refuses to appear before the judge to testify, it is permissible 143 7, 2, 1528| person designated by the judge or to require of them a 144 7, 2, 1529| Except for a grave cause, the judge is not to proceed to collect 145 7, 2, 1530| Can. 1530 The judge can always question the 146 7, 2, 1531| to respond, it is for the judge to decide what can be inferred 147 7, 2, 1532| public good is at stake, the judge is to administer an oath 148 7, 2, 1532| other cases according to the judge’s own prudence.~ 149 7, 2, 1533| the bond can present the judge with items about which the 150 7, 2, 1535| oneself before a competent judge by any party concerning 151 7, 2, 1535| being questioned by the judge.~ 152 7, 2, 1536| probative force which the judge must evaluate together with 153 7, 2, 1537| circumstances, it is for the judge to decide how much value 154 7, 2, 1542| party or approved by the judge, has the same force of proof 155 7, 2, 1543| defective, it is for the judge to decide what value, if 156 7, 2, 1544| tribunal chancery so that the judge and the opposing party can 157 7, 2, 1545| Can. 1545 The judge can order a document common 158 7, 2, 1546| above-mentioned disadvantages, the judge can decree that it be produced.~ 159 7, 2, 1547| under the direction of the judge in cases of any kind.~ 160 7, 2, 1548| Can. 1548 §1. When the judge questions witnesses legitimately, 161 7, 2, 1550| heard by a decree of the judge which declares such a hearing 162 7, 2, 1550| parties at the trial, the judge and the judge’s assistants, 163 7, 2, 1550| trial, the judge and the judge’s assistants, the advocate, 164 7, 2, 1552| the time period set by the judge; otherwise, the request 165 7, 2, 1553| Can. 1553 It is for the judge to curb an excessive number 166 7, 2, 1554| prudent judgment of the judge, however, that cannot be 167 7, 2, 1556| through a decree of the judge legitimately communicated 168 7, 2, 1557| appear or to inform the judge of the reason for the absence.~ ~ 169 7, 2, 1558| the tribunal unless the judge deems otherwise.~§2. Cardinals, 170 7, 2, 1558| place they select.~§3. The judge is to decide where to hear 171 7, 2, 1559| the witnesses unless the judge has decided to admit them, 172 7, 2, 1559| can be present unless the judge has decided that the examination 173 7, 2, 1560| party in a grave matter, the judge, after having removed discord 174 7, 2, 1561| Can. 1561 The judge, the judge’s delegate, or 175 7, 2, 1561| Can. 1561 The judge, the judge’s delegate, or an auditor 176 7, 2, 1561| to the witness but to the judge or the one who takes the 177 7, 2, 1561| who takes the place of the judge, who is to ask the questions, 178 7, 2, 1562| Can. 1562 §1. The judge is to call to the attention 179 7, 2, 1562| only the truth.~§2. The judge is to administer an oath 180 7, 2, 1563| Can. 1563 The judge is first of all to establish 181 7, 2, 1565| previously recalled, the judge can advise the witness beforehand 182 7, 2, 1565| beforehand on some matters if the judge thinks this can be done 183 7, 2, 1569| Finally, the witness, the judge, and the notary must sign 184 7, 2, 1570| party or ex officio, if the judge decides it is necessary 185 7, 2, 1571| the just assessment of the judge.~ ~ 186 7, 2, 1572| evaluating testimony, the judge, after having requested 187 7, 2, 1574| prescript of a law or of the judge requires their examination 188 7, 2, 1575| suggestions, it is for the judge to appoint the experts or, 189 7, 2, 1577| litigants may bring forward, the judge is to determine in a decree 190 7, 2, 1577| having heard the expert, the judge is to determine the time 191 7, 2, 1578| from the others unless the judge decrees that one report 192 7, 2, 1578| their conclusions.~§3. The judge can summon the expert to 193 7, 2, 1579| Can. 1579 §1. The judge is to weigh carefully not 194 7, 2, 1579| reasons for the decision, the judge must express what considerations 195 7, 2, 1580| Can. 1580 The judge must justly and equitably 196 7, 2, 1581| private experts whom the judge must approve.~§2. If the 197 7, 2, 1581| must approve.~§2. If the judge allows them, the private 198 7, 2, 1582| order to decide a case, the judge considers it opportune to 199 7, 2, 1582| inspect some thing, the judge, after having heard the 200 7, 2, 1584| presumption is one which a judge formulates.~ 201 7, 2, 1586| Can. 1586 The judge is not to formulate presumptions 202 7, 2, 1588| writing or orally before the judge competent to decide the 203 7, 2, 1589| and heard the parties, the judge is to decide as promptly 204 7, 2, 1589| rejected at the outset. If the judge admits the incidental question, 205 7, 2, 1589| incidental question, the judge is to decide whether it 206 7, 2, 1589| by a decree.~§2. If the judge decides not to resolve the 207 7, 2, 1589| definitive sentence, however, the judge is to decree that the question 208 7, 2, 1590| to be observed unless the judge decides otherwise due to 209 7, 2, 1590| auditor or the presiding judge.~ 210 7, 2, 1591| principal case is completed, the judge or the tribunal can revoke 211 7, 2, 1592| norm of can. 1507, §1, the judge, having observed what is 212 7, 2, 1592| decree mentioned in §1, the judge must be certain that a legitimately 213 7, 2, 1593| prescript of can. 1600; the judge, however, is to take care 214 7, 2, 1594| suitable excuse:~1/ the judge is to cite the petitioner 215 7, 2, 1596| present a libellus to the judge before the conclusion of 216 7, 2, 1597| having heard the parties, the judge must summon to the trial 217 7, 2, 1598| have been collected, the judge by a decree must permit 218 7, 2, 1598| a most grave danger the judge can decree that a specific 219 7, 2, 1598| be shown to no one; the judge is to take care, however, 220 7, 2, 1598| additional proofs to the judge. When these proofs have 221 7, 2, 1598| decree mentioned in §1 if the judge thinks it necessary.~ 222 7, 2, 1599| useful time prescribed by the judge to propose proofs has elapsed, 223 7, 2, 1599| proofs has elapsed, or the judge declares that the case is 224 7, 2, 1599| instructed sufficiently.~§3. The judge is to issue a decree that 225 7, 2, 1600| conclusion of the case, the judge can still summon the same 226 7, 2, 1600| proof is allowed.~§2. The judge, moreover, can order or 227 7, 2, 1601| conclusion of the case, the judge is to determine a suitable 228 7, 2, 1602| to be written unless the judge, with the consent of the 229 7, 2, 1602| previous permission of the judge, without prejudice to the 230 7, 2, 1603| period established by the judge.~§2. The parties are given 231 7, 2, 1603| right only once unless the judge decides that it must be 232 7, 2, 1604| information given to the judge by the parties, advocates, 233 7, 2, 1604| been done in writing, the judge can order a moderate oral 234 7, 2, 1605| 1604, §2 so that, if the judge orders it or a party requests 235 7, 2, 1605| party requests it and the judge consents, the notary can 236 7, 2, 1606| knowledge and conscience of the judge, and if from the acts and 237 7, 2, 1606| the acts and proofs the judge considers the matter fully 238 7, 2, 1606| matter fully examined, the judge can pronounce the sentence 239 7, 2 | THE PRONOUNCEMENTS OF THE JUDGE (Cann. 1607 - 1618)~ 240 7, 2, 1607| the principal case, the judge decides it through the definitive 241 7, 2, 1608| pronouncement of any sentence, the judge must have moral certitude 242 7, 2, 1608| by the sentence.~§2. The judge must derive this certitude 243 7, 2, 1608| and the proofs.~§3. The judge, however, must appraise 244 7, 2, 1608| proofs according to the judge’s own conscience, without 245 7, 2, 1608| of certain proofs.~§4. A judge who was not able to arrive 246 7, 2, 1608| of law, in which case the judge must pronounce for that.~ 247 7, 2, 1609| In the discussion each judge is permitted to withdraw 248 7, 2, 1609| original conclusion. The judge who is unwilling to assent 249 7, 2, 1610| 1. If there is only one judge, he will write the sentence 250 7, 2, 1612| must express in order the judge or the tribunal, the petitioner, 251 7, 2, 1612| with the signature of the judge or, if it is a collegiate 252 7, 2, 1614| with the permission of the judge.~ 253 7, 2, 1617| Other pronouncements of the judge besides the sentence are 254 7, 2, 1619| were not declared to the judge before the sentence even 255 7, 2, 1620| an absolutely incompetent judge;~2/ it was rendered by a 256 7, 2, 1620| the case was decided;~3/ a judge rendered a sentence coerced 257 7, 2, 1621| way of action before the judge who rendered the sentence 258 7, 2, 1624| Can. 1624 The judge who rendered the sentence 259 7, 2, 1624| the party fears that the judge who rendered the sentence 260 7, 2, 1624| therefore considers the judge suspect, the party can demand 261 7, 2, 1624| can demand that another judge be substituted according 262 7, 2, 1626| right to intervene.~§2. The judge can retract or emend ex 263 7, 2, 1626| null sentence, which that judge has rendered, within the 264 7, 2, 1628| the sentence to a higher judge, without prejudice to the 265 7, 2, 1629| iudicata;~4/ from a decree of a judge or from an interlocutory 266 7, 2, 1630| be introduced before the judge who rendered the sentence 267 7, 2, 1633| pursued before the appellate judge within a month from its 268 7, 2, 1633| introduction unless the judge from whom appeal is made 269 7, 2, 1634| the services of a higher judge for an emendation of the 270 7, 2, 1634| made known to the appellate judge who is to bind the judge 271 7, 2, 1634| judge who is to bind the judge from whom appeal is made 272 7, 2, 1634| precept to fulfill that judge’s duty as soon as possible.~§ 273 7, 2, 1634| possible.~§3. Meanwhile the judge from whom appeal is made 274 7, 2, 1634| the acts to the appellate judge according to the norm of 275 7, 2, 1635| action either before the judge from whom the appeal is 276 7, 2, 1635| or before the appellate judge, the appeal is considered 277 7, 2, 1642| of res iudicata which the judge can also declare ex officio 278 7, 2, 1646| must be sought from the judge who rendered the sentence 279 7, 2, 1647| execution, however, the judge can decree execution of 280 7, 2, 1648| integrum is granted, the judge must pronounce on the merits 281 7, 2, 1649| fifteen days to the same judge who can adjust the assessment.~ ~ 282 7, 2, 1650| prescript of can. ~1647.~§2. The judge who rendered the sentence 283 7, 2, 1650| proposed, also the appellate judge can order ex officio or 284 7, 2, 1650| in §2 is challenged, the judge who must investigate the 285 7, 2, 1650| it to a guarantee if the judge sees that the challenge 286 7, 2, 1651| executory decree of the judge which declares that the 287 7, 2, 1652| question which the same judge who rendered the sentence 288 7, 2, 1653| superior who delegated the judge.~ 289 7, 2, 1655| or do something else, the judge in the text of the sentence 290 7, 2, 1657| first grade before a single judge according to the norm of 291 7, 2, 1658| in such a way that the judge can collect them immediately.~§ 292 7, 2, 1659| 2 proved useless and the judge thinks that the libellus 293 7, 2, 1659| has some foundation, the judge is to order within three 294 7, 2, 1660| respondent demand it, the judge is to establish a time limit 295 7, 2, 1660| both of the parties the judge clarifies the object of 296 7, 2, 1661| and 1660 have elapsed, the judge, after an examination of 297 7, 2, 1661| of the doubt. Next, the judge is to cite all those who 298 7, 2, 1665| Can. 1665 The judge can admit proofs which are 299 7, 2, 1665| been heard, however, the judge can only decide about new 300 7, 2, 1668| completion of the hearing the judge in private is to decide 301 7, 3, 1671| belong to the ecclesiastical judge by proper right.~ 302 7, 3, 1672| establishes that an ecclesiastical judge can investigate and decide 303 7, 3, 1676| of a favorable outcome, a judge is to use pastoral means 304 7, 3, 1677| accepted, the presiding judge or the ponens is to proceed 305 7, 3, 1677| the issue, the presiding judge or the ponens is to establish 306 7, 3, 1677| the decree, the presiding judge or the ponens is to arrange 307 7, 3, 1679| the norm of can. 1536, the judge, if possible, is to use 308 7, 3, 1680| because of mental illness, the judge is to use the services of 309 7, 3, 1683| tribunal can admit it and judge it as if in first instance.~ 310 7, 3, 1686| the judicial vicar or a judge designated by him can declare 311 7, 3, 1687| declaration of nullity to the judge of second instance; the 312 7, 3, 1687| be sent to the appellate judge who must be advised in writing 313 7, 3, 1688| Can. 1688 The judge of second instance, with 314 7, 3, 1688| in the latter event the judge remands the case to the 315 7, 3, 1692| effects of marriage, the judge, after having observed the 316 7, 3, 1695| a favorable outcome, the judge is to use pastoral means 317 7, 3, 1703| publication of the acts. If the judge perceives that the proofs 318 7, 3, 1703| interested party.~§2. The judge can show a document introduced 319 7, 3, 1716| arbitrated sentence unless a judge confirms it, an arbitrated 320 7, 3, 1716| confirmation of an ecclesiastical judge of the place where it was 321 7, 3, 1716| judgment before a civil judge, however, the same challenge 322 7, 3, 1716| before an ecclesiastical judge competent to judge the controversy 323 7, 3, 1716| ecclesiastical judge competent to judge the controversy in the first 324 7, 4, 1717| same person cannot act as a judge in the matter if a judicial 325 7, 4, 1721| libellus of accusation to the judge according to the norm of 326 7, 4, 1723| Can. 1723 §1. The judge who cites the accused must 327 7, 4, 1723| the time limit set by the judge.~§2. If the accused does 328 7, 4, 1723| not make provision, the judge is to appoint an advocate 329 7, 4, 1726| not commit the delict, the judge must declare this in a sentence 330 7, 4, 1727| facultative or because the judge used the power mentioned 331 7, 4, 1730| delays in the penal trial the judge can defer the judgment for 332 7, 4, 1730| in the penal trial, the judge who does this must adjudicate


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