Section II · Chapter 4. Removal of a Case from a Lower to a Higher Court

Lower courts shall submit their records once each year for review by the next higher court. If such review reveals a neglect of duty in dealing with censurable offenses, the higher court shall call attention to the neglect, and may direct the lower court to perform its duty. If a review of the minutes reveals any departure from the law and order of the church or any obvious injustice done to any member, the higher court may direct the lower to make the needed correction. The reviewing court may not reverse a judicial decision until the case has been brought before it by complaint or appeal.

A complaint is a written statement made to a higher court by one or more persons aggrieved by an action of a lower court. It may be made by the parties concerned, by members of the court, or by any interested persons.* The complainant shall give notice to the lower court within 30 days. He shall file his complaint, together with the reasons therefor, with the moderator and clerk of the lower court. He shall then file the same with the higher court at its next regular meeting or at a time fixed by that court. If the complainant does not appear in person or by counsel to prosecute his case, the action of the lower court shall stand, unless such absence is shown to be unavoidable.

The lower court shall transmit to the higher all records and papers pertaining to the case. If this is not attended to, the higher court may reprove the lower for its negligence and postpone the hearing until these documents have been received. The lower court is the defendant in the case, and shall be represented by one or more of its members or other persons appointed for this purpose. No one who is a party or has served as counsel to the complainant(s), or who is a member of the lower court whose action is under review, shall propose or second motions or vote in any decisions pertaining to the case. The complainant(s) and defendant(s) may challenge the right of any member of the higher court to sit in judgment of the complaint, subject to the judgment of the court.

If a complaint is sustained, the higher court may censure the lower court, and may annul in whole or in part the action complained of, and instruct the lower court as to further proceedings. The sustaining of a complaint, however, does not necessarily reverse the decision. A member of the court disagreeing with any action, but not wishing to make a complaint, may register his dissent and request that it be recorded in the minutes. His request must be complied with, provided it is expressed briefly and in respectful language.

A court may prosecute a complaint against a court of equal rank with the next higher court under the same general rules as govern the prosecution of complaints against individuals.

A lower court dealing with a judicial case may either without instituting process or at any stage of the proceedings refer it to the higher court for advice or instructions on any matters that may be involved. Or it may refer the whole case to the higher court for adjudication. All references shall be in writing, and accompanied by the records and papers pertaining to the case. It shall be the duty of the clerk of the lower court to transmit these to the higher court, and to notify the parties of the time and place set for the hearing.

A lower court must not take advantage of the privilege of reference to relieve itself of a disagreeable responsibility. Under ordinary circumstances it should handle all cases that come properly under its jurisdiction. But it may feel itself incompetent to deal with an important case because of the fewness of its members, or because of its inability to reach a decided opinion, or because members of the court are related to the parties involved, or because the nature of the case makes it unwise to conduct it in the local community, or because the law in the case is indefinite, or because the decision would tend to establish a precedent which would affect the church at large. Any one of these reasons, if established, would justify the lower court in referring a case.

The members of the lower court who are members of the higher may participate in the hearing and decision of a case sent up by reference. It is within the province of the higher court to give or refuse advice, to take over the trial of the case, or to return it to the lower court with or without instructions.

An appeal is the removal to a higher court of a case already decided by a lower court. None but parties can appeal. They may appeal on the following grounds: irregularity in the proceedings; injustice or undue severity in the censure imposed; manifest prejudice or unfairness to the party on trial; admission of improper testimony or refusal to hear testimony that is important; or undue haste in reaching a decision before all the testimony has been heard.

Written notice of an intent to appeal and a summary statement of the reasons must be filed with the clerk of the court appealed from within thirty (30) days after the accused is informed of the action, and the clerk shall transmit the same, with the necessary records and papers, to the clerk of the higher court. The higher court, upon receiving notice of the intent to appeal, shall make available an appropriate advisor from among the members of the court for the appellant. At least sixty (60) days shall be given for preparing the appeal and transmitting it to the clerk of the higher court, along with a full statement of reasons for the appeal and all relevant documents. In order for members of the higher court to have time to read and process the appeal, a period of at least thirty (30) days must elapse between the court's receiving the appeal and the meeting where it is to be adjudicated. Parties are entitled to such extracts from the minutes as may be necessary in preparing an appeal. The clerk of the court shall furnish such extracts, but, if they are large, the court may request the party demanding them to pay the necessary expense.

The notice of appeal shall serve to restrain the lower court from administering the censures of admonition or rebuke until the case has been determined by the higher court, unless the appellant shall fail to prosecute the appeal. A sentence of suspension from the privileges of the church, or of deposition from office, or of excommunication, shall be in force until the appeal has been decided. No one who is a party or has served as counsel to the appellant(s), or who is a member of the lower court whose action is being appealed, shall propose or second motions or vote in any decisions pertaining to the case. The appellant(s) and members of the lower court may challenge the right of any member of the higher court to sit in judgment of the appeal, subject to the judgment of the court.

An appeal shall be prosecuted by the appellant in person, unless, for reasons satisfactory to the court, he cannot be present. In this case he may request his advisor to act on his behalf. If an appellant fails to prosecute his appeal at the next meeting of the higher court, or at such time as the court may designate, the decision of the lower court shall stand. He may, however, appear at a later meeting, due notice having been given to the court from which he appealed, and present proof that his failure to appear was due to unavoidable circumstances. If the court is satisfied, it may proceed at once to hear the appeal, or appoint a later date for the hearing.

A higher court, when considering an appeal, shall inquire whether due notice has been given the lower court, and whether the records and papers pertaining to the case are present. If these requirements are met, the court shall proceed as follows: a. The clerk shall read the sentence appealed from. b. He shall read the appeal and the reasons assigned by the appellant, which must be the same as those presented to the lower court. c. The records and papers in the case shall be read. If the members of the court judge that they have had sufficient opportunity to review the record and papers, the court may waive the reading of the record. Either party may request the reading of specific portions of the record important to the case if the reading of the full record is waived. d. The answer of the lower court to the reasons of appeal shall be read, if such have been submitted. e. The parties shall be heard, the appellant having the opening and closing speeches. He shall not be permitted to introduce any new arguments in his closing speech, but confine himself to a summary of his appeal and a rebuttal of the argument presented by the other side. f. Opportunity shall be given for discussion of the case by the members of the court. g. The vote shall be taken on sustaining or not sustaining the appeal, each specification of error being voted on separately.

The decision of the higher court must be based solely on the records of the lower court. The higher court may confirm, or reverse, in whole or in part, the decision of the lower court. If the appeal is sustained, the judgment of the lower court is reversed. If an appeal is not sustained, the judgment of the lower court is affirmed. If the lower court has not followed the prescribed order in the conduct of the case, the higher court may, at its discretion, return the whole case to the lower for a new trial. If the decision of the lower court appears unjust and unwarranted, the higher court may itself try the case. A full record shall be kept of all the proceedings with the reasons for each decision.