Subpœna by ecclesiastical courts

[JGMendes4049]

Can a diocesan tribunal issue a subpœna for an affidavit during the proceedings of an annulment?

Backstory: One of my dear friends from church is a divorcée. She would love to get an annulment. She has all her ducks in a row, except for one thing. The grounds for her annulment would be based off an affidavit by her ex–husband. However, said ex will not testify to that effect. So, can a tribunal issue a subpœna compelling testimony?

Thanks.

Dearest mods, I don’t know of any better forum to put this thread. If you can think of a better place for it, move it by all means.

 

[1ke]

no.

The person in this situation needs to talk to their advocate.

 

[JGMendes4049]

No. The person in this situation needs to talk to their advocate.

Thank you.

 

[Matthew_Holford]

Can a diocesan tribunal issue a subpœna for an affidavit during the proceedings of an annulment?

Backstory: One of my dear friends from church is a divorcée. She would love to get an annulment. She has all her ducks in a row, except for one thing. The grounds for her annulment would be based off an affidavit by her ex–husband. However, said ex will not testify to that effect. So, can a tribunal issue a subpœna compelling testimony?

Thanks.

Dearest mods, I don’t know of any better forum to put this thread. If you can think of a better place for it, move it by all means.

The tribunal cannot compel anyone to participate in its proceedings if they will not so participate. Your friend’s husband will be given an opportunity to participate in the tribunal process. However, if he refuses that does not mean that your friend won’t receive a declaration of nullity. His participation will be encouraged but it is not mandatory.

 

[Chatter163]

I worked for a tribunal for a short while. I would say that probably half of all nullity cases receive no reply from the respondent. That slows the process very slightly, but not much. It still proceeds as usual. It is normal business for any tribunal. Not to worry.