The Defenders' Page

Purpose

Situations Leading to Group Posting

Reliable husband and father who was abandondend by wife and forced through no-fault divorced.
Husband had his young children forcebly removed from him half the time.
He was advised by his wife that he shall be reciving notice from their tribunal of her petition for nullity of their marriage.
Wife publicly professes to be a faithful, model, loyal Catholic.
Karls Posting to Reliable Husband

Respondent received 5 page leter from tribunal asking for a respondent form to be completed and returned.
Sequence of Events for Respondent

Does all the information collected by the tribunal for the case need to be in writing?

Respondent read discussions about having Rota be court of first instance due to the salvation of souls. Greg suggests language one could use
Greg's Suggested Language designating Rota as Court of First Instance

Tribunal judges are to strive toward reconciliation of spouses, and convalidation of invalid marraiges.
Canon law

Reliable Husband

Sequence of Events

1. "The notification of citations, decrees, sentences, and other judicial acts must be made through the public postal service or by some other very secure method". (CIC 1509)
   
   
2. The Libellus is presented to tribunal, naming tribunal, parties, reason for petitioning and grounds. Libellus, also called petition, is the statement requesting a determination concerning the validity of the marriage. (CIC. 1502) (DC 114-117)
   
   
3. The Judge considers whether to accept reject libellus (CIC 1505) (DC 119-125)
   
   
4. The Judge's acceptance or rejection of libellus is set by decree
   
   
5. The respondent is notified by summons (also called citation). The other party to the case, the respondent, is cited, so that he or she may participate in the case. (CIC 1507, 1508) (DC 126-128).
   
   
6. Competency is determined. The location of tribunal can be any of four places: a) where the marriage took place; b) where respondent lives; c) where petitioner lives (if the respondent lives in same country and the respondend approves); or d) where most of the witnesses live (if the respondent has been heard) (CIC 1673) (DC 10). If respodent lives in a different diocese than the petitioner the respondend's judicial vicar must be participating in communication. Judicial vicar = top tribunal judge.
   
   
7. The responded has a right to have an advocate assiting. (See Suggested Questons for Interviewing Tribunal Advocate)

   Art. 46 - § 1. The collegial tribunal is to be presided over by the Judicial Vicar or Adjunct Judicial Vicar or, if this cannot be done, by a cleric from the college designated by either one of them (cf. can. 1426, § 2).
   § 2. It pertains to the praeses of the college:
   6- to provide for the ministry of a procurator or advocate in accordance with artt. 101, §§ 1, 3; 102; 105, § 3; 106, § 2; 109; 144, § 2);
   
   Art. 101 - § 1. Without prejudice to the right of the parties to defend themselves personally, the tribunal is bound by the obligation to provide that each spouse is able to defend his rights with the help of a competent person, most especially when it concerns causes of a special difficulty.
   § 2. If in the judgement of the praeses the ministry of a procurator or advocate is necessary and the party has not so provided within a prescribed time limit, the praeses is to name them, as the case requires, but they remain in function only as long as the party has not named others.
   § 3. If gratuitous legal assistance has been granted, it pertains to the tribunal praeses himself to name the procurator or advocate.
   § 4. In any case, the appointment of a procurator or advocate by decree is to be communicated to the parties and the defender of the bond.
   
   Art. 112 - § 1. It pertains to the Bishop Moderator to publish an index or directory in which there are listed the advocates admitted before his tribunal and the procurators who usually represent parties there.
   § 2. The advocates inscribed in the directory are bound, by a mandate of the Judicial Vicar, to provide gratuitous legal assistance to those to whom the tribunal has granted this benefit (cf. art. 307).
   
   Art. 113 - § 1. At every tribunal there is to be an office or a person available so that anyone can freely and quickly obtain advice about the possibility of, and procedure for, the introduction of their cause of nullity of marriage, if such should be the case.
   § 2. If this office should happen to be carried out by the ministers of the tribunal, they cannot have the part of judge or defender of the bond in the cause.
   § 3. In each tribunal, to the extent possible, there are to be stable advocates designated, receiving their salary from the tribunal itself, who can carry out the function described in § 1, and who are to exercise the function of advocate or procurator for the parties who prefer to choose them (cf. can. 1490).

   
   
8. Roman Rota Request The respondent can advise the tribunal of intent to go to Rota. At any time during the first instance tribunal process, the respondent can advise tribunal that the second instance tribunal is to be the Roman Rota, as is one's right (Canon 1444, 1, Annotations on 1444, 1405).
   

Under canon 1444, after a first instance judgment, anyone can appeal to the Rota for the hearing in second instance. A simple indication in writing ("I appeal to the Rota for the second instance hearing of this case") to the first instance tribunal is sufficient; then the Tribunal is obliged to forward the case to the Rota. The petitioner has the right to know when this has been done. In such cases, the appellant can ask for gratuitous legal representation at the Rota and this is automatically granted - without charge.

9. The respondent may be able to get information from the Defender of the Bond. The defender of the bond is bound by his office to propose and clarify everything which can be reasonably adduced AGAINST nullity or dissolution. (Canon 1432).
   
   
10. Respondent notifies judge of intention to participate (with 15 day deadline after summons or citation) (DC 129), and can request session for joinder of the issue. (CIC 1677 §2). The purpose of the session for the joinder of the issue is to establish the formulation of the doubt.
    

Possible Response to Citation
1) I acknowledge receipt of your citation dated mm/dd/yy.
2) I request to see the list of advocates published by the Bishop (Dignitas Connubii Art 112).
3) I have no response at this time, other than that I shall be defending the validity of our marriage.
4) I shall await the decree setting forth the formulation of the doubt determining specifically by which ground or grounds the validity of our marriage is being challenged (DC 135 § 3).
5) I understand that I have 10 days to reply to the formulation of the doubt (DC 135 § 4).
6) I might offer any proofs of my position after reviewing the formulation of the doubt, since the formulation of the doubt is to delimit those things which are to be investigated (DC Art. 160).
7) I understand that "The burden of proof lies on the one making an assertion (can. 1526, § 1)" (DC Art. 156 - § 1).
8) I am awaiting a meeting with my advocate prior to admitting any proofs to the tribunal.

11. Formulation of the doubt is to be set by decree, and it must specify the grounds for invalidity to be investigated (within 25 days after citation - allowing 15 days for respondent's reply plus 10 days for formulation). The decree must be sent to the parties, unless they already agreed to the terms. One can object to the formulation of the doubt, within 10 days after it was decreed the judge must answer the objection. [DC Art 135 (citing CIC 1677 §2), DC 160 (citing CIC 1529)]
    
    
12. Instruction of the cause is to be set by decree, indicating that the case shall proceed. (CIC 1677 §4, DC 137)
    
    
13. Collection of Proofs. (DC 155-216). Proofs and witnesses are utilized by the tribunal to help the judge(s) come to a conclusion about validity of the marriage. (cc. 1526-1529, 1547-1573) Proofs are not to be secret unless a grave reason is shown (DC 157). (link to page for Witnesses)
    
    
14. Judicial Examinations are to be in person, and questions are not to be seen in advance. A respondent's advocate has the right to be present when the petitioner is giving his/her testimony so that the respondent's advocate could pose question for the petitioner. If a tribunal doesn't follow these norms, they are supposed to do all they can to prevent fraud and collusion. (CIC 1564-1566, DC 159, 161, 169-171)
    
    
15. Publication of Acts is to be set by decree. The parties and their advocates are invited to inspect the acts. The purpose is to permit both parties and their advocates to be informed regarding all that has taken place in the trail, and with which they may not yet be acquainted. If there is legitimate concern that some serious danger would evolve from this inspection, the judge may decide that a certain act is not to be shared with the parties.Ê The judge must not, however, jeopardize the right of defense. (CIC 1598, DC 229)
    
    
16. The respondant has the right to review the testimony -- the entire testimony in the case and not just a summary as some tribunals try to do: testimony cannot be withheld from a party except to avoid "a most grave danger" (c. 1598 ¤1) without violating a party's right of defense, which would render the Court's judgment irremediably null (c. 1620 7¡)
    
    
17. It is absolutely forbidden that any information given to the judge by the parties or the advocates, or by any other persons, be excluded from the acts of the case (CIC Can. 1604 §1).
    
    
18. After the publication of the Acts, is when the respondent really gets to defend the marriage (in theory and in law). When the Acts are published the respondent (or the advocate instead) reads the testimony of all witnesses (unless some of it is withheld by the judge for serious reason (CIC 1598 §1, DC 230). If the Acts are not made available, a case can be voided because the right of defense has been denied (DC 231, CIC 1620, n.7; 1622, n.5)
    
    
19. Parties declare nothing to add, the judge determines an appropriate time for the advocates to make pleadings for the case, time for proposing proofs expires, or judge declares proofs sufficiently instructed. (DC 237, CIC 1599)
    
    
20. The defender of the bond (a court officer) intervenes to propose in favor of the marriage bond, after carefully reviewing the case (DC 233, CIC 1432, 1603 §3).
    
    
21. Conclusion of the Cause is set by decree, stating that all things pertaining to the production of proofs have been completed (CIC 1599, DC 237)
    
    
22. The Pronouncement of judgement is decided by a definitive judgement (CIC 1607, DC 246), distributed to the parties, along with the means of appealing the sentence. (cc. 1611-1618)
    
    
23. The respondent should insist on receiving a copy of the Definitive Sentence of the Court once judgment is rendered, since the judgment cannot take effect unless it is published to the parties (c. 1614), and c. 1615 specifies, "Publication or communication of the sentence can be done either by giving a copy of the sentence to the parties or their procurators or by sending them a copy according to the norm of can. 1509."
    
    
24. Court of Second Instance The sentence, if finds the marriage invalid, along with any appeals and the acts of the case, are sent to an appellate tribunal for confirmation of the sentence, or it may admit the case for a new trial if it is unable to confirm the first sentence (DC 263-264, CIC 1682).
    
    
25. Appeal to the Roman Rota After a first instance judgment, anyone can appeal to the Rota for the hearing in second instance. A simple indication in writing ("I appeal to the Rota for the second instance hearing of this case") to the first instance tribunal is sufficient; then the Tribunal is obliged to forward the case to the Rota. The petitioner has the right to know when this has been done. In such cases, the appellant can ask for gratuitous legal representation at the Rota and this is automatically granted - without charge. (CIC 1444, DC 302-308, download rtf file)
    
    
26. Proposing Observations to Appeal Tribunal The appeal tribunal (second instance could be Rota) is to send letter to parties advising them that the party's observations are welcome and can be proposed to the tribunal of appeal. (DC 264-265, download rtf file).
    
    

Greg's Suggested Language designating Rota as Court of First Instance

"Whereas: Until such time and proven conditions that the structure of the tribunal courts of the USA are amply-reformed and may be reasonably-trusted to perform their functions with due-regard for the salvation of souls, I (insert name here) herewith request and petition that any future filing of any petition for a determination of nullity ofÊmy Marriage initiated byÊmy lawful Spouse be brought AT FIRST INSTANCE for hearing by the Roman Rota, for as long as I may live, and by my heirs hereafter should they so-desire it.

As justification for this request I offer the ample evidence presented by the late Professor Robert H. Vasoli in his book What God Has Joined Together: The Annulment Crisis in American Catholicism.

I further evidence my request be kept-on-file -- knowing that multiple "Respondents" have been judged "absent" from andÊthereby deniedÊparticipation in said marital nullity investigations when they have beenÊdenied proper notification of the investigation by their estranged spouse's petitioned tribunal.

(Signed and dated)

(Witnessed by a "witness" to your Marriage!)

(Notarized)."

Does all the information collected by the tribunal for the case need to be in writing?

What are the responsibilities of Tribunal prior to acception Petition for Annulment?

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