Enciclopedia Cattolica Vol. III, 1949 Canon & civil law Particular questions

Citation

CITAZIONE

Italian original Cite

CITATION. - Citation, in the canonical process, is, unlike what normally happens in civil procedural systems (where it is often one party that cites the other), an order of the judge, inasmuch as it is through citation that the judge summons the parties to judgment (vocatio in ius) so that they may assert in the suit, regularly instituted, their claims, with reference to what is set out in the libellus, which, conversely, is the act properly introductory of the trial.

Note, moreover, that citation is not necessary when the parties appear personally in court to conduct the suit.

Among the various kinds of citation, there should be recalled, on the one hand, written, verbal or real ones (the latter having the characteristics of a manus iniectio) and, on the other, private or personal and edictal or public ones, which occur respectively according as the citation is effected by direct summons of the person (by means of the cursor and the postal service or of the members of the person's household) or by posting at the doors of the tribunal and insertion in the press (AAS for the tribunals of the Holy See and diocesan bulletins for the lower tribunals).

Citation is a jurisdictional act in the strictest sense of the word (CIC, can. 1715 § 1), given that it is an order of the judge, who provides for it by a decree of his own naturally bearing his signature, as well as the seal of the tribunal.

The nullity of the citation, for lack of the essential elements set out below, where it cannot be remedied by the personal appearance of the party (cf. ibid., cann. 1715, 1717, 1722), as well as the nullity, for irregularity, of its notification, produces the nullity of the entire proceeding of the sentence and represents a ground for querela nullitatis (cf. ibid., cann. 1723, 1894 § 1; v. QUERELA).

Materially the citation is drawn up on a special form, which is called the citation form and which must contain the essential elements of the vocatio in ius (name of the judge, order to appear, name, surname and domicile of the parties, place and time of appearance) and of the editio actionis (petitum and causa petendi), which are the two procedural functions of the citation.

This is formally brought to the knowledge of the parties by means of notification, which is attended to, through his public ministry, by the process server (v.). The manner of notification varies and ranges from delivery to the person concerned, to delivery to a member of his family or household, and to the use of the postal service and of the edict (cf. ibid., can. 1717 ff.).

The notification report, which is dated and signed by the process server (ibid., can. 1722 § 1), must indicate the manner and time in which the notification is carried out and is a public act which, as such, carries probative force until an action of forgery is brought (ibid., can. 1593).

Once notified, the citation brings about, from the procedural point of view, full litispendence (v. LITE PENDENTE) and in particular: it makes the substantive legal relationship litigious, it makes the case proper to the judge before whom the action is brought, it makes firm and consolidated the jurisdiction of the delegated judge, and it produces the prohibition of so-called attentata (v. ATTENTATO).

In addition to these procedural effects, the citation further achieves the typically substantive effect of the interruption of prescription, whether extinctive or acquisitive (cf. ibid., cann. 1508 and 1725 n. 4).

Bibliography9 works
BIBL.: E. Eichmann, Das Prozessrecht des Codex iuris canonici, Vienna 1921; Ch. Augustine, A commentary on the new Code of canon law, VII, St. Louis-London 1923; T. Muniz, Procedimientos eclesiásticos, III, Seville 1926; F. Roberti, De processibus, I, Rome 1926; P. De Meester, Iuris canonici et iuris canonico-civilis compendium, III, Bruges 1928, p. 11; Wern-Vidal, VI (1928), nn. 378-93; M. Lega, Commentarius in iudicia ecclesiastica, II, Rome 1939; M. Conte a Coronata, Institutiones iuris canonici, III, Turin-Rome 1941; F. Della Rocca, Istituzioni di diritto processuale canonico, Turin 1946.

Fernando Della Rocca

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By Fernando Della Rocca

How we know signed in print

Translated from the Enciclopedia Cattolica, vol. III (1949), coll. 1747–1749.

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Page 1016
vol. 3, coll. 1747–1748
Page 1017
vol. 3, coll. 1749–1750

More by Fernando Della Rocca: Confession (Means of Proof) · Contestation of the Suit · Contumacy · Correction of Sentences · Res Judicata

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Chicago

Della, Rocca Fernando. “Citazione.” In Enciclopedia Cattolica, vol. III, coll. 1747–1749. Città del Vaticano: Ente per l’Enciclopedia Cattolica e per il Libro Cattolico, 1949. https://azioneromana.com/article/citazione.

MLA

Della, Rocca Fernando. “Citazione.” Enciclopedia Cattolica, vol. III, Ente per l’Enciclopedia Cattolica e per il Libro Cattolico, 1949, coll. 1747–1749. Azione Romana, https://azioneromana.com/article/citazione.

BibTeX

@incollection{ec3_citazione,
  author    = {Della, Rocca Fernando},
  title     = {Citazione},
  booktitle = {Enciclopedia Cattolica},
  volume    = {III},
  pages     = {1747--1749},
  note      = {Cited by column},
  publisher = {Ente per l’Enciclopedia Cattolica e per il Libro Cattolico},
  address   = {Città del Vaticano},
  year      = {1949},
  url       = {https://azioneromana.com/article/citazione}
}

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