Folia Canonica 8. (2005)
STUDIES - Wojciech Kowal: Norms for Preparing the Process for the Dissolution of the Matrimonial Bon din Favour of the Faith
108 WOJCIECH KOWALOMI obligations the petitioner may have relative to the spouse and the children from the first marriage, about the causes which brought the marriage to its failure, and about the petitioner’s and his/her own religious practice.97 B) Examination of the parties and witnesses The instructor conducts the examination of the parties and the witnesses. The defender of the bond has to be cited and the necessary assistance of the notary is called for.98 The Notes indicate that each testimony is to be signed by the witness,99 the instructor, and the notary, as required by art. 14, § 4.100 Similarly, in the acts there is to be an indication as to whether the oath was taken, or excused, or, perhaps, refused.101 If, for some reasons, the other party or a witness cannot or will not appear before the instructor, he or she may make a declaration before a notary, or the testimony may be obtained in any other legitimate manner (cf. c. 1528).102 Previously, Ut notum est referred solely to a non-Catholic witness refusing to appear and give testimony before a Catholic priest. A document containing the deposition concerning the matter, made by this witness before a notary public or other trustworthy person, was acceptable in such circumstances.103 In order, however, to assess the trustworthiness of the testimony, the judge-instructor or his delegate was to call witnesses, especially Catholics, who knew the non-Catholic witness well.104 Notwithstanding the testimony of the character witnesses, the judge 97 See Notes Regarding the Documentary and Procedural Aspects of Favour of the Faith Cases, no. 6. 98 See Potestas Ecclesiœ, art. 14, § 1, 12. The Congregation for the Doctrine of the Faith warned against the practice of conducting the interviews by inexperienced persons, pointing to the fact that the instructor cannot properly fulfil his task on the basis of forms filled out by someone who does not understand fully the exigencies of the process. See directives from the Congregation for the Doctrine of the Faith in Schumacher — JARRELL (eds.), Roman Replies and CLSA Advisory Opinions 1990, 29, no. 2. 99 J. Kowal observes that in art. 14, § 4 of the text of Potestas Ecclesiœ released in 2001 there is no mention about the witnesses. The Latin-English edition of Norms on the Preparation of the Process for the Dissolution of the Matrimonial Bond in Favour of the Faith, Official Latin Text and English Translation, Vatican City, 2003, introduces this addition (20-21). Sec “Le Norme per lo scioglimcnto del matrimonio in favorem fidei: parte procédurale,” 283. 10,1 Sec Potestas Ecclesiœ, 12. 101 See ibid., art. 14, § 2, 12 and Notes Regarding the Documentary and Procedural Aspects of Favour of the Faith Cases, no. 7. 102 Cf. Potestas Ecclesiœ, art. 15, § 1, 12 and Notes Regarding the Documentary and Procedural Aspects of Favour of the Faith Cases, no. 7. 103 See art. 5, § 1, in LE, vol. 5, col. 6704 (English translation in Woestman, Special Marriage Cases, 132). 104 See Ut notum est, art. 5, § 2, in LE, vol. 5, col. 6704 (English translation in Woestman, Special Marriage Cases, 132).
