§1. In the decree which accepts the libellus of the petitioner, the judge or the presiding judge must call the other parties to trial, that is, cite them to the joinder of the issue, establishing whether they must respond in writing or present themselves before the judge to come to agreement about the doubts. If from the written responses the judge perceives it necessary to convene the parties, the judge can establish that by a new decree.
§2. If the libellus is considered as accepted according to the norm of can. 1506,
the decree of citation to the trial must be issued within twenty days from the request mentioned in that canon.
§3. If the litigating parties de facto present themselves before the judge to pursue the case, however, there is no need for a citation, but the notary is to note in the acts that the parties were present for the trial.
§1. The decree of citation to the trial must be communicated immediately to the respondent and at the same time to others who must appear.
§2. The libellus which introduces litigation is to be attached to the citation unless for grave causes the judge determines that the libellus must not be made known to the party before that party makes a deposition in the trial.
§3. If litigation is introduced against someone who does not have the free exercise of his or her rights or the free administration of the things in dispute, the citation must be communicated, as the case may be, to the guardian, curator, or special procurator, that is, the one who is bound to undertake the trial in the name of that person according to the norm of law.
§1. The notification of citations, decrees, sentences, and other judicial acts must be made through the public postal services or by some other very secure method according to the norms established in particular law.
§2. The fact of notification and its method must be evident in the acts.
A respondent who refuses to accept the document of citation or who prevents its delivery is considered to be legitimately cited.
If the citation was not communicated legitimately, the acts of the process are null, without prejudice to the prescript of can. 1507,
When the citation has been communicated legitimately or the parties have appeared before the judge to pursue the case:
1. the matter ceases to be *res integra*;
2. the case becomes proper to the otherwise competent judge or tribunal before which the action was initiated;
3. the jurisdiction of a delegated judge is fixed in such a way that it does not cease when the authority of the one delegating expires;
4. prescription is interrupted unless other provision is made;
5. the litigation begins to be pending; therefore, the principle while litigation is pending, nothing is to be altered immediately takes effect.
Page generated in 0.0015 seconds.