Civil Procedure

As we saw in chapter 8, from the early years of the Principate a new form of legal procedure, the cognitio extra ordinem or cognitio extraordinaria, began to be used concurrently with the per formulam procedure.

Under the new system imperial officials, acting as representatives of the emperor, tried cases directly, without having to go through the formalities of the per formulam procedure. By the end of the third century the latter procedure had entirely been superseded by the cognitio extra ordinem and, in 342 AD, was formally abolished by an edict of emperors Constantius and Constans.^{^[1186]} The cognitio extra ordinem was the chief form of civil procedure during the Dominate period and continued to apply under the legislation of Justinian and in the years that followed. Moreover, the same procedure was adopted by the ecclesiastical courts which began to be set up by the Church during this period. A description of the main stages of the cognitio extra ordinem, as it was applied during the post-classical period and under the Justinianic legislation, is given in the following paragraphs.^{^[1187]}

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Source: Mousourakis George. The Historical and Institutional Context of Roman Law. Routledge,2003. — 480 p.. 2003

Civil Procedure

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