| Proof by witnesses plays a crucial role in marriage nullity trials in the Code of Canon Law. The 1983 code provides extensive norms governing its admissibility and evaluation. Moreover, the 2005 instruction Dignitas connubii issued by the Pontifical Council for Legislative Texts reiterates many of the provisions already found in Book VII of the 1983 code regarding the admissibility of witnesses and the evaluation of witness testimony. However, it also contains several articles that address the issue more specifically than does the code. For example, it states that in evaluating testimonies, the judge is to consider when the witnesses came to know what they are asserting, i.e., whether it was during a non-suspect time (DC art. 201, 3°).; This dissertation, therefore, investigates and comments on the norms contained in the Code of Canon Law and Dignitas connubii governing proof by witnesses in marriage nullity trials. It provides answers to the following questions: Who can and who cannot be a witness in marriage nullity trials? How and by whom is testimony to be taken? And how is the testimony to be evaluated?; This dissertation examines the norms on the admissibility and rejection of witnesses, the obligation to testify and tell the truth, and those who and cannot be witnesses. It also discusses the norms governing the examination of witnesses, particularly the place for the examination, manner of conducting it, the kind of questions to be asked, and those who can legitimately question witnesses. It also examines the manner of the questioning, the nature of the questions, the manner of giving and recording the testimony.; Furthermore, this dissertation examines the various criteria for the evaluation of witnesses, the probative value to be given to the testimony of only one witness, and the importance of attaining moral certainty in evaluating witness testimony. It also discusses the importance of stating the reasons that gave rise to such certainty in the sentence. It states that by establishing norms for the evaluation of witness testimony, the Church is protecting and defending the sacred dignity of marriage. |
