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Processes » The Contentious Trial » The Ordinary Contentious Trial » Proofs » Proof through documents
Canon 1539. In every type of trial documentary proof is admitted, whether the documents be public or private.
Processes » The Contentious Trial » The Ordinary Contentious Trial » Proofs » Proof through documents » The nature and trustworthiness of documentsCanon 1540. §1 Public ecclesiastical documents are those which an official person draws up in the exercise of his or her function in the Church and in which the formalities required by law have been observed.
§2 Public civil documents are those which are legally regarded as such in accordance with the laws of each place.
§3 All other documents are private.
§2 Public civil documents are those which are legally regarded as such in accordance with the laws of each place.
§3 All other documents are private.
Canon 1541. Unless it is otherwise established by contrary and clear arguments, public documents constitute acceptable evidence of those matters which are directly and principally affirmed in them.
Canon 1542. A private document, whether acknowledged by a party or admitted by a judge, has the same probative force as an extra-judicial confession, against its author or the person who has signed it and against persons whose case rests on that of the author or signatory. Against others it has the same force as have declarations by the parties which are not confessions, in accordance with can. 1536 §2.
Canon 1543. If documents are shown to have been erased, amended, falsified or otherwise tampered with, it is for the judge to evaluate to what extent, if any, they are to be given credence.
Processes » The Contentious Trial » The Ordinary Contentious Trial » Proofs » Proof through documents » The presentation of documentsCanon 1544. Documents do not have probative force at a trial unless they are submitted in original form or in authentic copy and are lodged in the office of the tribunal, so that they may be inspected by the judge and by the opposing party.
Canon 1545. The judge can direct that a document common to each of the parties is to be submitted in the process.
Canon 1546. §1 No one is obliged to exhibit documents, even if they are common, which cannot be communicated without danger of the harm mentioned in can. 1548
§2, n. 2, or without the danger of violating a secret which is to be observed.
§2 If, however, at least an extract from a document can be transcribed and submitted in copy without the disadvantages mentioned, the judge can direct that it be produced in that form.
§2, n. 2, or without the danger of violating a secret which is to be observed.
§2 If, however, at least an extract from a document can be transcribed and submitted in copy without the disadvantages mentioned, the judge can direct that it be produced in that form.
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