Chapter II: Of Constituting the Tribunal

With the prescription of can. 1576, Sec. 1, n. 1 remaining firm, there is a single instructing judge in the inquisition for dispensation concerning a ratified and non-consummated marriage.

Whether there is question of the nullity of marriage, or of proving non-consummation and the causes for dispensing concerning the ratified marriage, the defender of the matrimonial bond must be cited according to the norm of can. 1586.

It belongs to the defender of the bond:

1° To be present at the examination of the parties, witnesses, and experts; to exhibit to the judge closed and sealed interrogatories, to be opened by the judge in the act of examination and proposed to the parties or witnesses; and to suggest to the judge new interrogations emerging from the examination.

2° To weigh the articles proposed by the parties and, insofar as there is need, to contradict them; to inspect documents exhibited by the parties.

3° To write and allege observations against the nullity of marriage and proofs for the validity or for the consummation of the marriage, and to bring forward all things which he has considered useful for defending the marriage.

Let the defender of the bond have the right:

1° Always and at any moment of the cause to inspect the acts of the process, even if not yet published; to demand new terms for completing writings, to be prolonged by the prudent judgment of the judge.

2° To be informed concerning all proofs or allegations in such a way that he can use the faculty of contradicting.

3° To petition that other witnesses be introduced or the same witnesses again be subjected to examination, even when the process has been completed or published, and to issue new observations.

4° To require that other acts which he himself has suggested be prepared, unless the tribunal by unanimous vote dissents.