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Proposed Amendments
D-7.0501 (Unchanged)
Appeal
Time
D-7.0502 An appeal may be initiated only
Appeals
by one or more of the original
parties
to a higher governing body
aligned with the same Primary
Synod (Auburn or Westminster)
as the Complainant and Respondent.
D-7.0601 (Unchanged)
Record of
Proceedings
D-7.0601 a. (Unchanged)
Verbatim
Recording
D-7.0601 b. (Unchanged)
Exhibits
D-7.0601 c. (Unchanged)
Minutes
D-7.0601 d.
(Unchanged)
Record
D-7.0601 e. (Unchanged)
Preservation
D-7.0601 f. (Unchanged)
Transcript
D-7.0602
No person may supplement
Additions to or add to the record in a case
the Record
except for good cause as
determined by the moderator
and clerk of the Permanent
Judicial Commission responsible
for conducting the trial. No request
to supplement the record shall be
considered until received in writing
by the stated clerk of the lower
governing
body, aligned with
the same Primary Synod as the
higher governing body and that of
the Complainant and Respondent
(Auburn or Westminster). Such
stated clerk of the lower governing
body shall transmit the record to the
moderator and clerk of the Permanent
Judicial Commission aligned with the
same Primary Synod (Westminster
or Auburn) as the Complainant
and Respondent. A copy of the
request shall be delivered to all
parties and every party shall have
ten days to respond in writing.
D-7.0701 If the governing body aligned
with
Reporting the same Primary Synod as the
the
Complainant and Respondent, is
decision meeting when the decision
is
received from the clerk of the
Permanent Judicial Commission,
the stated clerk shall report the
decision immediately and enter
the full decision upon the minutes
of the governing body. If that
governing body is not meeting,
the
stated clerk shall report the
decision to the governing body
at its first stated or adjourned meeting
thereafter, or at a meeting called
for that purpose, and enter the
full
decision upon the minutes
of the governing body.
D-8.0101 An appeal of a remedial case is
the
Definition transfer to the next higher governing
body aligned with the same Primary
Synod (Auburn or Westminster) as
the lower governing body and
also that of the complainant
and
respondent, of a case
in
which a decision has
been rendered in a lower governing
body aligned with the same Primary
Synod as the Complainant and
Respondent, for the purpose of
obtaining
a review of the
proceedings
and decision to
correct, modify, set aside, or
reverse the decision.
D-8.0102 (Unchanged)
Initiation of
Appeal
D-8.0103 (Unchanged)
Effect of
Appeal
D-8.0104 On application, the Permanent
Withdrawl of
Judicial Commission of the higher
Appeal governing
body aligned with the
same Primary Synod (Westminster
or Auburn) as the complainant
and respondent, may grant a
petition for withdrawl of an appeal.
The
Permanent Judicial Commission
shall
deny a petition if its approval
would defeat the ends of justice.
D-8.0105 (Unchanged)
Grounds for
Appeal
D-8.0201 A written notice
of appeal shall be filed
Time for within forty-five days
after a copy of the
Filing Written judgment has been delivered by
Notice of
certified delivery or personal service
Appeal
to the party appealing.
a. The written notice of appeal
shall be filed with the stated
clerk of the lower governing
body, aligned with the same
Primary Synod (Auburn or
Westminster) as the
complainant and respondent,
which also elected the
Permanent Judicial Commission
from whose judgment the appeal
is taken
b. The
party appealing shall provide
a copy of the notice of appeal
to each of the other parties and
to the stated clerk of the
governing body which will hear
the appeal.
D-8.0202 (Unchanged)
Content
of
Written Notice
of Appeal
D-8.0203
Upon receipt of the notice of
Transmittal of appeal and the decision being
Notice
of Appeal appealed, the stated clerk of
to Officers
the higher governing body
shall transmit them to the
officers of the Permanent
Judicial Commission of the
same
Primary Synod
(Westminster or Auburn)
with which the complainant
and respondent are aligned.
D-8.0301 Upon
receiving the papers, the
Examination moderator and the clerk of
the
of Papers Permanent Judicial Commission
of
the governing body aligned with
the same Primary Synod (Auburn
or Westminster) as the complainant
and respondent, that will hear the case
shall
promptly examine the papers
to determine whether
a. the governing body has jurisdiction;
b.
the appellant as standing to file
the appeal;
c.
the appeal papers were properly
and timely filed; and
d. the
appeal states one or more
of the grounds for appeal.
D-8.0302 The
moderator and clerk shall report
Preliminary their
findings to the parties and to the
Questions Permanent
Judicial Commission aligned
Determined with the same Primary Synod
(Westminster
or Auburn) as the complainant and
respondent.
D-8.0302 a. If a challenge
is made to the findings
of
the moderator and clerk within thirty
days after receipt of those findings,
either
by a party to the case or by
a member of the Permanent Judcial
Commission, opportunity shall be
provided to present evidence and
argument on the finding in question.
D-8.0302
b. If a hearing is necessary to decide
the
item in question, that hearing shall
be
scheduled at least thirty days prior
to the hearing on the appeal unless
the circumstances, including monetary
considerations, render advisable the
disposition
of the preliminary questions
immediately before the hearing on
the appeal.
D-8.0302 c. If the Permanent
Judicial Commission
determines that any point has been
answered in the negative, the Permanent
Judicial Commission
shall dismiss the
appeal.
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