ORAL INFORMATIONS. — These are explanations or illustrations of the case that the advocate presents to the judge in order to clarify the reasons that militate in his favour. They are evidently a matter of private information.
This practice was tolerated in the Curia until the CIC. G. De Luca (Relatio Romanae Curiae, disc. 40 n. 24, in Theatrum veritatis..., XV, Rome 1726, p. 374) speaks favourably of it and relates how the Supreme Pontiff himself used to grant it before the definition of certain causes at the Apostolic Signatura.
In current law, they are forbidden by can. 1866 § 1, in consequence of the character of the canonical process, which is eminently “written,” i.e. it is based exclusively on the acts; hence the effect “quod non est in actis, non est in mundo.” In this way, it is also sought to protect the judge from the allurements of advocates’ sophistry, which might induce him to make assessments that are not entirely objective.
The norm of the CIC is repeated in art. 132 § 1 of the Norms of the S. Romana Rota (AAS, 26 [1934], p. 134). However, both can. 1866 and art. 132 of the Norms permit and regulate a modest “disputatio oralis” on the part of the advocates, which may be granted. In practice, however, this is rarely used in the ecclesiastical forum. The oral debate, being subject to moderation, must not take on an oratorical form; it may include the illustration of the proofs and exceptions already adduced, but not the adduction of new ones. To obtain the oral discussion, the parties must submit in writing a brief summary of the points to be discussed, which the judge may communicate to the other party, assigning the day and hour of the discussion, which he will moderate (can. 1866 § 2). If anyone exceeds in the discussion, he may lose the right to speak, and if it is advocates or procurators, they may even be suspended or deprived of office (Normae S. R. Rotae, art. 134, loc. cit.). A notary must attend the discussion to record it, if the judge so orders or the party requests it and the judge consents (art. 1866 § 4).