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INSTRUCTIONS FOR COMPILING THE ANNUAL REPORT
ON THE STATE AND ACTIVITY OF THE TRIBUNAL

 

General Instructions


1. Each year in the month of January, the Judicial Vicar is to send in to the Apostolic Signatura an accurate and complete Annual Report, without awaiting any prompting from the Apostolic Signatura. The form for the Annual Report, which should be kept in the tribunal archive, is to be used for this purpose.

2. Every tribunal must fill out the information sheet (p. 1-2) and Part I (p. 3-4).

3. Tribunals that judge in the first instance must also fill out Part II (p. 5, 6 or 7, 8), according to the nature of the tribunal (either Section C for diocesan/eparchial tribunals or Section D for interdiocesan/ intereparchial tribunals). If the tribunal does not judge cases in the first instance, do not complete (or submit) Part II.

4. Tribunals that judge in the second instance must also fill out Part III (p. 9-11). If the tribunal does not judge cases in the second instance, do not complete (or submit) Part III.

5. Tribunals competent to hear cases in the third or further instance, either by law or by pontifical commission, are to adapt Part III, mutatis mutandis, for reporting the activity of the tribunal in third or further instance.

6. If adequate space is lacking in a particular section, another sheet may be used to provide the requested information, or even the spaces found on pp. 2, 6, 8 and 11.

7. Before the Annual Report is submitted, it should be carefully reviewed by the Judicial Vicar, who is to sign and date the first page of the report, in attestation to its accuracy and completion.

8. The report may be filled out and saved as a “pdf” file, which then may be sent by email to the Apostolic Signatura (signatura@signatura.va). The report may also be submitted by fax (+39.06.69.99.75.53) or printed out and submitted in paper copy through the local Nunciature or hand-delivered to the Chancery of the Apostolic Signatura. However, only one copy of the report is to be submitted.

9. Every tribunal should keep a copy of the submitted report in its own archives, together with a copy of any observations made by the Apostolic Signatura on the occasion of its review of the annual report.

10. Instructions are given below to assist in the accurate compilation of the annual report, especially for those lines that may require particular attention.

Part I: Tribunal Ministers and Advocates

For each tribunal minister who exercises an office in a stable manner, fill in the appropriate line according to the indications on the report. Carefully note the following:

  1. Since the offices of judicial vicar and adjunct judicial vicar are, by their nature, judicial offices, the names of these ministers are not to be repeated in the section reserved for judges.
  2. If a minister does not have a degree in canon law and has received an indult from the Apostolic Signatura, the date of the indult as well as the time for which it was granted is to be indicated (e.g., 10 July 2015, 5 years). No other academic degrees are to be indicated.

Part II: The Activity of the Tribunal in the First Instance

Section B: Marriage Nullity Cases Handled by the Ordinary Process

Line 6: The number of cases pending at the beginning of the year should be the same as the number of cases pending at the end of the previous year. Any discrepancy should be explained in the space reserved for comments (p. 2).

Line 9: Indicate the number of sentences given in the year. This number is the sum of lines 9a and 9b.

Line 9a: Indicate the number of sentences given in favor of the bond, that is, a decision of non constat de nullitate on every ground joined.

Line 9b: Indicate the number of sentences given in favor of nullity, that is, a decision of constat de nullitate on at least one ground joined.

Line 9c: Indicate the grounds of nullity considered in the sentences, together with the number of the canon on which the decision is based.

In the boxes provided, indicate the number of decisions given on each ground of nullity, according to whether the decision was in favor of the bond or in favor of nullity.

Line 11: Indicate only the complaints of nullity introduced before the tribunal of first instance and decided in the current year, as well as the outcome, whether affirmative (Accepted) or negative (Rejected).

Line 13: Indicate the number of cases pending at the end of the year. This is the sum of Lines 6, 7, 8 minus the sum of Lines 9, 12a, 12b.

Section C: Marriage Nullity Cases Handled by the Briefer Process – For Diocesan/ Eparchial Tribunals Only

Line 14: The number of cases pending at the beginning of the year should be the same as the number of cases pending at the end of the previous year. Any discrepancy should be explained in the space reserved for comments (p. 2).

Line 16a: Indicate the grounds of nullity considered in the sentences. In the boxes provided, indicate the number of decisions given on each ground of nullity.

Line 17: Indicate the number of cases remitted to the ordinary process. This is reported in Line 8.

Line 18: Indicate the number of sentences appealed by the defender of the bond to the Bishop indicated in can. 1687, § 3, MIDI / can. 1373, § 3, MEMI and to the Roman Rota.

Line 19: Indicate the number of cases pending at the end of the year. This is the sum of Lines 14 and 15 minus the sum of Lines 16 and 17.

Section D: Marriage Nullity Cases Handled by the Briefer Process – For Interdiocesan/ Intereparchial Tribunals Only

See instructions for Section C, except for:

Line 16b: Indicate the Bishops who issued the sentence (e.g. Archbishop of X, Bishop of Y, etc.). In the boxes provided, indicate the number of sentences issued by each Bishop.

Section E: Marriage Nullity Cases Handled by the Documentary Process

General observation: Since the Annual Report deals with the judicial activity of tribunals, cases in which an administrative procedure was used to make “lack of form” determinations (cf. Authentic Interpretation of 26 June 1984) are not to be reported.

Neither should other administrative cases, such as those dealing with the dissolution of the bond of marriage (e.g. Pauline privilege, privilege of the faith, super rato), be listed on this report.

Section G: Causes of Rights and Section H: Penal Cases

General observation: For Sections G and H, a brief summary describing each case should be given (e.g. the object of the case, a citation of the pertinent canon(s), the decision of the judges, the status of any appeal). The space provided on the report may be used for this purpose.

Part III: The Activity of the Tribunal in the Second Instance

Section I: Marriage Nullity Cases Handled by the Ordinary Process

Line 30: The number of cases pending at the beginning of the year should be the same as the number of cases pending at the end of the previous year. Any discrepancy should be explained in the space reserved for comments (p. 2).

Line 33a: Indicate the grounds of nullity considered in the decrees. In the boxes provided, indicate the number of decisions given on each ground of nullity. Decrees of confirmation may not contain decisions in favor of the bond.

Lines 34-34c: See instructions for Lines 9-9c.

Line 34d: Indicate the number of first instance sentences in favor of nullity overturned by the second instance sentence. This means that the appellate tribunal decided in favor of the bond on every ground.

Line 34e: Indicate the number of first instance sentences in favor of the bond overturned by the second instance sentence. This means that the appellate tribunal decided in favor of the nullity on at least one ground.

Line 36: Indicate the complaints of nullity introduced before the tribunal of second instance, however they were proposed (principally, incidentally, against the first or second instance sentence or both) and decided in the current year, as well as the outcome, whether affirmative (Accepted) or negative (Rejected).

Line 38: Indicate the number of cases pending at the end of the year. This is the sum of Lines 30, 31, 32 minus the sum of Lines 33, 34, 37a, 37b.

Section J: Marriage Nullity Cases Handled by the Briefer Process

Line 39: The number of cases pending at the beginning of the year should be the same as the number of cases pending at the end of the previous year. Any discrepancy should be explained in the space reserved for comments (p. 2).

Line 41: Indicate the Bishop who issued the first instance sentence (e.g. Archbishop of X; Bishop of Y). In the appropriate box, indicate the number of sentences given by that Bishop against which an appeal has been introduced.

Line 44: Indicate the number of cases pending at the end of the year. This is the sum of Lines 39 and 40 minus the sum of Lines 42 and 43.

Section K: Marriage Nullity Cases Handled by the Documentary Process

Line 47: Indicate the individual grounds of nullity considered in each sentence. In the boxes provided, indicate the number of decisions given on each ground of nullity.

Section M: Causes of Rights and Section N: Penal Cases

General observation: For Sections M and N, a brief summary describing each case should be given (e.g. the object of the case, a citation of the pertinent canon(s), the decision of the judges, the status of any appeal). The space provided on the report may be used for this purpose.