FROM YOU

 

 

TO THEM

 

Date

 

Dear Rev. Name Named

 

Case No.: XXXXXX  Name-Name

 

Exception to the Citation.

 

I am raising the exception that the acts of this process are null because my citation does not contain those things that are necessary (X-pages attached, [enter description of documents that you received], dated MONTH XX, 20XX). I did not receive petitioner's libellus. This cannot be a libellus because it is missing content required by canon law.

There is no description in a general way of the facts and proofs on which the petitioner is relying in order to demonstrate what is being asserted. Petitioner only states [enter quote of short statement from petitioner, or text associated with check box indicated on petition].

Can.  1459 no.1. Defects which can render the sentence null can be introduced as exceptions at any stage or grade of the trial; the judge can likewise declare them ex officio. _2. In addition to the cases mentioned in _1, dilatory exceptions, especially those which regard the persons and the manner of the trial, must be proposed before the joinder of the issue unless they emerged after the issue was already joined; they must be decided as soon as possible.

Can.  1504 The libellus, which introduces litigation, must: ... 2o indicate the right upon which the petitioner bases the case and, at least generally, the facts and proofs which will prove the allegations.

Dignitas Connubii (DC) Art. 116 §1 A libellus by which a cause is introduced must: ... 3o indicate at least in a general way the facts and proofs on which the petitioner is relying in order to demonstrate what is being asserted; (cf. can. 1504).

DC Art 127 §3. The introductory libellus  is to be attached to the citation, unless the praeses or ponens for grave reasons decrees, with a decree indicating reasons, that the libellus  is not to be communicated to the respondent party before that party has given his judicial deposition.

DC Art. 128. If the citation does not contain those things which are necessary in accordance with art. 127, § 3 or if it was not legitimately communicated to the respondent party, the acts of the process are null, without prejudice to the prescriptions of Art. 60; 126, §3; 131 and with the prescriptions of art. 270, nn. 4, 7 remaining in force (cf. can. 1511).

 

 

Exception to the decree accepting the petitioner’s libellus

 

I am raising an exception, in accord with Dignitas Connubii Art. 77, by proposing that the decree wherein the tribunal accepted the libellus should be vacated because libellus does not contain the facts and proofs in a general way that the petitioner is planning to bring forward to prove Petitioner’s case.  If the libellus does contain these thing, please provide it to me.  Otherwise, the libellus should be rejected.

Canon 1505 §1. When a single judge or the president of a collegiate tribunal has seen that the matter is within his competence and the petitioner does not lack legitimate personal standing in the trial, he must accept or reject the libellus as soon as possible by decree. §2. A libellus can be rejected only: […] 3o if the prescripts of canon 1504, nn. 1-3 have not been observed;

DC Art. 77 §1. At any stage or grade of trial, defects by which the nullity of a sentence can occur can be proposed as an exception and likewise declared by the judge ex officio (can. 1459, §1).

Rotal Jurisprudence describes elements of the Petitioner’s libellus that are missing: those that show the “fumus boni iuris” (smoke of law).

II The Law [...] Section 16. Finally we would note a procedural norm that must be followed in first instance, at the very beginning in fact of a case: the need to consider whether or not the Petitioner's libellus  shows a "fumus boni iuris". Litigation, as well as consuming time, raises expectations which are not always fulfilled, and often causes further and deep bitterness between the disputing parties. That is why an initial libellus  is required, setting forth “the basis for the petitioner's right and at least in general the facts and proofs which will be used to prove what has been alleged” (c. 1504, 2o). The court must then consider the libellus, to decide if there is in fact a minimum legal basis to the claim, a minimum possibility of its being upheld after formal judicial investigation; if not, the libellus  is to be rejected (c. 1505 §2, 4o), for it is an abuse if cases are admitted to hearing which are certainly groundless. Concretely, in cases brought under c. 1095, unless the allegations brought forward give some grounds to consider that one may be dealing with a grave defect of discretion regarding some essential right/obligation of marriage (c. 1095, 2§), which moreover would point to some serious psychic anomaly, present at consent, and not just to slight or moderate pathologies or simple defects of character (cf. Addresses of Pope John Paul II to the Roman Rota, 1987 and 1988: AAS, vol. 79, 1457; vol. 80, 1181), then the libellus  should not be accepted.

 ... III The Argument " [...] "26. Finally, as indicated above, the Court of first instance does not even address the very important question of which were the essential matrimonial obligations in regard to which the Petitioner was held to have laboured under a grave lack of discretion of judgment. (SOURCE Sentence of Oct. 15, 1992 Dublin http://www.cormacburke.or.ke/node/402)

 

I understood that the allegations brought forward in the libellus should describe the grounds being considered while identifying a specific defect regarding some specific right or obligation. If the libellus you present to me simply states the proposed ground is canon 1095, I find myself ill-equipped to provide any relevant reply to effectively 14 contentions at once.

 

1.           The petitioner lacked a sufficient use of reason.

2.           The respondent lacked a sufficient use of reason.

3.           The petitioner suffered from a grave defect of discretion of judgment concerning his duty to have a permanent marriage (bonum sacramenti)..

4.           The respondent suffered from a grave defect of discretion of judgment concerning her duty to have a permanent marriage (bonum sacramenti).

5.           The petitioner suffered from a grave defect of discretion of judgment concerning his duty to have conjugal relations and be open to children (bonum prolis)..

6.           The respondent suffered from a grave defect of discretion of judgment concerning her duty to have conjugal relations and be open to children (bonum prolis).

7.           The petitioner suffered from a grave defect of discretion of judgment concerning his duty to remain sexually faithful (bonum fidei). 

8.           The respondent suffered from a grave defect of discretion of judgment concerning her duty to remain sexually faithful (bonum fidei). 

9.           The petitioner was not able to assume the obligations to have a permanent marriage (bonum sacramenti) for causes of a psychic nature.

10.        The respondent was not able to assume the obligations to have a permanent marriage (bonum sacramenti) for causes of a psychic nature.

11.        The petitioner was not able to assume the obligations to have conjugal relations and be open to children (bonum prolis) for causes of a psychic nature.

12.        The respondent was not able to assume the obligation to have conjugal relations and be open to children (bonum prolis) for causes of a psychic nature.

13.        The petitioner was not able to assume the obligation to remain sexually faithful (bonum fidei) for causes of a psychic nature.

14.        The respondent was not able to assume the obligation to remain sexually faithful (bonum fidei) for causes of a psychic nature.

 

 

 This letter is being both faxed and mailed.

 

Sincerely,