The Appeal
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The Appeal
Church Law requires that every Decision be appealed to the Tribunal of Second Instance. For our Eparchy that is the Diocesan Tribunal for the Latin Diocese of Orange in California. There are two(2) ways to make an Appeal:
Appeal by Law: is made because the Code of Canons of the Eastern Churches requires it. This kind of appeal does not require a new hearing of the case but only a review of the Original Decision to consider whether it merits confirmation. Of course, the Defender of the Bond and/or the three Judges for Second Instance can order the opening of a new hearing regarding the evidence.
Appeal by Person: is made by one of the persons involved in the case: the Defender of the Bond of First or Second Instance, the Petitioner, the Respondent, or the Promoter of Justice, believing that a new hearing of the case would further assist in the search for the truth and serve justice. The parties are given 15 days after receiving notice of the Decision to file this appeal.
In order for an appeal to be lodged, it must be done within 15 days of receiving notification of the Decision and it must be lodged in writing to the Judge of First Instance who heard the case. The Defender of the Bond is bound by this same law.
Should the Second Instance Tribunal (Appellate Tribunal) reverse the Decision of the Tribunal of First Instance, the case must be appealed to the Supreme Court of the Church: The Roman Rota.
At any time the Defender of the Bond or the parties may have recourse to the Roman Rota. Since the Roman Rota employs lawyers as Advocates, there is a fee which the appealing party must pay in advance to the First Instance Tribunal so that the First Instance Tribunal can send the fee along with the First Instance Acts of the Case to Rome.
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