Annulment Witness apprehension

[TheOldColonel]

Only the Respondent and Petitioner may request to see the Acta. Such requests are extremely rare since this may only be done with tribunal supervision within the walls of a tribunal. This is done in a secure reading room with tribunal personnel present. Usually, the viewer is not even allowed to touch the pages. Rather, a court member turns the pages for the one viewing the documents. Also, viewing sessions are generally limited to a maximum of 30 minutes and may not be repeated unless new evidence is later added to the Acta. No notes or copies or photographs may be made of the Acta. Witnesses nor anyone else not party to the case may view such testimony. Neither may Procurator-Advocates, who have canonical authority to copy, possess and transport the Acta share information with anyone outside of the tribunal officers who are directly assigned to the case. Severe canonical penalties will be imposed for breech of confidentiality. So, one should have no fear in speaking the truth to the court.

 

[Gertabelle]

I appreciate your comment, although the information given is not entirely privy to only the court, the people involved can also request to read what I will have written from what I understand.

That is absolutely the opposite of what I have heard!

Incidentally, when a friend asked me if I could be a witness for her annulment proceedings, I said yes. When the packet arrived in the mail, I realized that I really just couldn’t participate in the process. So I never filled out or mailed back the paperwork. She never asked, and I never told her. She has no idea who replied and who didn’t. To the best of my knowledge, she has absolutely NO access to the testimonies of anyone who did participate.

 

[Gertabelle]

Only the Respondent and Petitioner may request to see the Acta. Such requests are extremely rare since this may only be done with tribunal supervision within the walls of a tribunal. This is done in a secure reading room with tribunal personnel present. Usually, the viewer is not even allowed to touch the pages. Rather, a court member turns the pages for the one viewing the documents. Also, viewing sessions are generally limited to a maximum of 30 minutes and may not be repeated unless new evidence is later added to the Acta. No notes or copies or photographs may be made of the Acta. Witnesses nor anyone else not party to the case may view such testimony. Neither may Procurator-Advocates, who have canonical authority to copy, possess and transport the Acta share information with anyone outside of the tribunal officers who are directly assigned to the case. Severe canonical penalties will be imposed for breech of confidentiality. So, one should have no fear in speaking the truth to the court.

oint_up:t3: oint_up:t3: oint_up:t3: What he said.

 

[TheLittleLady]

I would appreciate the definition of perjury, I guess what I was not so clear in, will have been the fact that when my relative called out of the clear blue to request my being a witness there were certain things that were said to subtly implied that I would answer everything correctly so that it would be possible to make it happen.

Perjury is lying. If your family member asked you to lie in your testimony, they asked you to commit perjury.

Answer the questions honestly. I agree, do not lie.

 

[TheLittleLady]

When I was a witness, I was asked if I wished my testimony to be read by either the petitioner or the respondent or if I wished it to remain confidential. I’d advise you contact the Tribunal.

 

[Peebo]

When my wife went through her annulment she could only get one witness…a brother in law…her sister refused because she didn’t want anything to do with the Catholic church…if you’re not sure just tell your family member you’d rather not be a witness…were you closely involved prior to the marriage…that is what the tribunal is seeking the answer to…to see if there was some impediment that could lead to the marriage being declared invalid…as others have stated…if you agree just fill out the form and tell the truth as you understood it leading up to the marriage…not after…you can’t be forced to agree to be interviewed…chances are you may not even be asked…my wifes brother in law was never asked…you’re not being questioned in a court of law if you agree to meet with the tribunal…you won’t be tried for perjury…

 

[Gorgias]

It’s the fact that I was totally asked to lie in this process, I apologize I did not make that perfectly clear at the onset of what I will have written.

Oh. OK – that’s a different situation, then.

No, you shouldn’t lie, even when a friend or family member asks you to do so on their behalf.

I am absolutely not comfortable twisting the truth to find favor for someone’s annulment when from what I’ve read there is nothing about the relationship that they had had that would allow for one.

Two thoughts:

• First, you aren’t being asked to make a legal judgment about the possibility of a decree of nullity. Rather, you are just being asked to give your testimony. So, give your testimony, and leave the law to canon lawyers.
• Second, I’ve learned that, in the context of job searches, the question to ask isn’t “are you willing to write a reference letter for me?” but rather “are you willing to write a positive reference letter for me?”. After all, a person might be willing to write a letter for me, but it might say “Gorgias is a real bum.” And, if I don’t ask in advance about the kind of content, then it’s fair game that I get what I get. If someone is asking you “are you willing to lie?”, the reasonable answer is “no.” If they’re asking “are you willing to say X, Y, and Z?” and those things aren’t true, the reasonable answer is “no.” If they’re only asking “are you willing to testify?”, then they’re going to get whatever you see as the truth… and that’s completely fair.