Annulment, Pope Francis, and Court of Second Instance

[TheAdvocate]

Since Pope Francis has done away with the requirement for a court of second instance to confirm the decision of a court of first instance, what role would a court of second instance play in the church today? For instance, let’s say that the respondent of the annulment were to dispute the tribunal’s decision. Would it THEN go the court of second instance, or would the appeal go straight to the Roman Rota?

 

[dans0622]

Since Pope Francis has done away with the requirement for a court of second instance to confirm the decision of a court of first instance, what role would a court of second instance play in the church today? For instance, let’s say that the respondent of the annulment were to dispute the tribunal’s decision. Would it THEN go the court of second instance, or would the appeal go straight to the Roman Rota?

In addition to what Deacon Jeff said:

As far as where an appealed case goes, it goes where the appellant wants it to go (i.e., either the “normal” appeals court or to the Rota). The “default” court is the local, second instance court. So, if the Respondent simply says “I appeal because of this, that, and the other thing” without saying which Court he is appealing to, it will go to the local court and not the Rota.

Cases go to the Rota if it is a case being heard for the third time or for those that are specifically appealed to it.

Dan