The defences of parties are presented in written memorials in the Latin tongue, signed by an advocate or by a proctor approved by the Roman court. These memorials are deposited with the secretary and communicated to the complainants, as are also copies of all documents that are produced, in nearly the same manner as in the highest civil tribunals. These memorials are in turn succeeded by written replications, signed and filed in the same way. Unless by special permission, the memorials are limited to five printed sheets, and the replications to two. In case of negligence, the proctor is liable to a penalty. No supplementary writings are admissible.
From these papers the secretary makes memoranda, briefly setting forth the whole affair and the principal arguments, the facts and the law, as claimed by the parties, all of which, together with the defences and replications, are printed and distributed in duplicate to the cardinals. These, then, receive separately the parties with their advocates and listen to their explanations, if they judge any to be useful to their cause. These interviews are not, however, secret. Both adversaries have their audiences, and they contribute very much to elucidate doubtful matters.
The day of decision is fixed by the secretary. There is never any delay except for the greatest reasons. The production of the defences must take place at least thirty days before that of final judgment. The printed memoranda are distributed at least six days before it. The circulation of the papers and supplemental documents is finished in the same interval. The audiences to parties are granted within the last four or five days which precede. The distribution of replications is made at latest the day before the session. After this, no notice is taken of any testimony or document produced by one of the parties, unless with the consent of the other.
There are no contradictory pleadings, no public audiences. Every thing is done in writing. The cardinals, well instructed in the cause from the defences, replications, documents, memoranda of the secretaries, and the previous verbal explanations of the advocates, assemble on the appointed day and deliberate out of the hearing of the parties. This deliberation is secret, and sometimes takes place between two audiences.