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Art. 4.

PROOFS

Can.  1678 §1. The defender of the bond, the legal representatives of the parties, and also the promoter of justice, if involved in the trial, have the following rights:

1/ to be present at the examination of the parties, the witnesses, and the experts, without prejudice to the prescript of can. 1559;

2/ to inspect the judicial acts, even those not yet published, and to review the documents presented by the parties.

§2. The parties cannot be present at the examination mentioned in §1, n. 1.

Can.  1679 Unless there are full proofs from elsewhere, in order to evaluate the depositions of the parties according to the norm of can. 1536, the judge, if possible, is to use witnesses to the credibility of those parties in addition to other indications and supporting factors.

Can.  1680 In cases of impotence or defect of consent because of mental illness, the judge is to use the services of one or more experts unless it is clear from the circumstances that it would be useless to do so; in other cases the prescript of can. 1574 is to be observed.

 




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