Code of Canon Law: text (original) (raw)

TITLE IV:PROOFS (Cann. 1526 - 1586)

Can.1526 §1 The onus of proof rests upon the person who makes an allegation.

§2 Thefollowing matters do not require proof:

1° matterswhich are presumed by the law itself;

2° facts alleged by one of the litigants and admitted by the other, unless their proofis nevertheless required either by law or by the judge.

Can.1527 §1 Any type of proof which seems useful for the investigation of the caseand is lawful, may be admitted.

§2 If aparty submits that proof, which has been rejected by the judge, should beadmitted, the judge is to determine the matter with maximum expedition.

Can.1528 If a party or a witness refuses to testify before the judge, that person may lawfully be heard by another, even a lay person, appointed by the judge, orasked to make a declaration either before a public notary or in any otherlawful manner.

Can.1529 Unless there is a grave reason, the judge is not to proceed to collect theproofs before the joinder of the issue.