EXTRAORDINARY PROCESS
(Extra ordinem) in Roman law or kognitsionny process (cognitio extra ordinem) - an emergency procedure for the consideration of the court dispute, which stemmed from the direct action of Praetor to implement remedies.
EP took some of the principles of previous forms of civil process: optionality and competitiveness.
The EP judicial functions carried out by administrative bodies: in Rome and Constantinople (in connection with the division of the Empire into East and West) - praefectus urbi (city police chief), in the provinces - the ruler of the province, and on less important matters - the municipal magistrates. Often, however, the emperors took legal cases and his personal consideration.
The case was heard by the said persons is general, ie, outside the formulary process. They took the statement of the claim and, appointing the day of judgment, on his behalf called the defendant.
Concentrated in the hands
administrative bodies, EP is not divided into stages (injure u injudicio).
Cases lost public nature and occur only in the presence of the parties and especially honored persons who were entitled to be present at the same time. If the claimant was not the case for a hearing, it shall cease; if the defendant fails to appear the case was heard in absentia.
EP shall be in writing. The documents had greater weight compared with the testimony.
The EP participated lawyers.
The extraordinary production
It provides for mandatory legal duty to cover office expenses on the pre-trial preparation of the case, and so on. n.
The decision on the case officer is issued in writing. It immediately entered into force, and was recognized as truth (in respect of the parties in this process).
The EP was first allowed appeal against the decision made in the next, higher authority. On the decision praefectus urbi could bring complaints to the emperor on the decision of the ruler province - praefectus praetorio (Chief of the Imperial Guard), and in its decision - the emperor. Denial of the appeal drew a doubling of the sum awarded.
The judgment in the EP are enforced by public authorities at the request of the plaintiff. In the case of the award of the defendant to issue a certain thing, it was selected by the said bodies force (manu militari), if within 2 months, the defendant did not give it voluntarily.
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