Mitis Iudex Canons 1671–1682, 1688–1691: A Commentary

The apostolic letter Mitis Iudex effects a significant revision of the procedural law governing marriage nullity cases. In addition to introducing a new abbreviated process for cases where the nullity of a marriage is clear, the apostolic letter makes major modifications in the grounds for tribunal competence and in the introductory phase of the process. It eliminates the mandatory appeal of all affirmative decisions and enhances the probative weight to be attributed to the declarations of the parties and of a single witness. Perhaps most importantly, it calls for a much greater personal or “hands-on” involvement in the work of tribunals by the diocesan bishop than has hitherto been typical.