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Proposed Amendment.
D-13.0104 The notice of
appeal, if properly and
Effect of and timely filed with a governing body
Appeal aligned with the same Primary Synod
(Auburn or Westminster) as the
accused, shall suspend further
proceedings by lower governing
bodies, except that, in the instance
of
temporary exclusion from
exercise of ordained office or
membership or removal from office
or membership, the person against
whom the judgment has been
pronounced shall refrain from the
exercise of office or from participating
and voting in meetings until the appeal
is finally decided.
D-13.0105 On application, the Permanent Judicial
Withdrawal
Commission of the higher governing
of Appeal body aligned with the same Primary
Synod
as the accused (Westminster or
Auburn), may grant a petition for
withdrawal of an appeal. The Permanent
Judicial Commission shall deny a
petition if its approval would defeat
the ends of justice.
D-13.0106 (Unchanged)
Grounds for
Appeal
D-13.0201 (Unchanged)
Time for Filing
Written Notice
of Appeal
D-13.0202 a. (Unchanged)
Content of
Written Notice b. (Unchanged)
of Appeal
c. (Unchanged)
d. (Unchanged)
e. (Unchanged)
f. a certification that a copy of the
notice of appeal was provided
by certified delivery or by personal
service
to each of the other parties
and to the stated clerk of the
governing
body, aligned with
the same Primary Synod as
the accused (Auburn or Westminster),
that will hear the appeal.
D-13.0203 Upon receipt of the notice of appeal
and
Transmittal the decision being appealed, the stated
of Notice of
clerk of the higher governing body, aligned
Appeal to with the same Primary
Synod as the
Officers accused, shall transmit them to the
officers
of the Permanent Judicial
Commission.
D-13.0301 Upon receiving the papers, the moderator
Examination
and the clerk of the Permanent Judicial
of Papers Commission, of the governing
body aligned
with the same Primary Synod as the
accused (Westminster or Auburn), that
will
hear the case shall promptly
examine
the papers to determine
whether
a. the governing body has jurisdiction;
b. the appellant has 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-13.0302 (Unchanged)
Preliminary
Questions
Determined
D-13.0303 (Unchanged)
Record on
Appeal
D-13.0303(a) a. (Unchanged)
List of
Record
D-13.0303(b) b. (Unchanged)
Additional
Records
D-13.0303(c) c. Upon notification by the
Filing of stated
clerk of the higher
Record on governing body of
jurisdiction
Appeal aligned
with the same Primary
Synod as the accused (Auburn
or Westminster), that the
case has been accepted, the
stated clerk of the lower governing
body shall certify and file the
record of the case, which may
include authenticated copies
of parts of the record, and shall
include any written challenges
disputing the completeness
or accuracy of the record, with
the stated clerk of the higher
govering body.
D-13.0303(d) d. If anything material to either
Correction
of party is omitted form the
Record
record by error or accident or
is misstated therein, the
omission or misstatement may
be corrected. The parties may
stipulate to the correction, or the
session or Permanent Judicial
Commission of the lower governing
body may certify and transmit
a supplemental record, or the
Permanent Judicial Commission
of the higher governing body,
aligned with the same Primary
Synod as the accused (Westminster
or Auburn), may direct the omission
or misstatement be corrected. All
other questions, as to the form
and content of the record shall
be presented to the Permanent
Judicial Commission of the
higher governing body.
G-13.0303(e) e. The stated clerk of the higher
Notice of
governing body, aligned with the
Date of
same Primary Synod (Auburn
Reception or Westminster)
as the accused,
shall notify the parties of the
date the record on appeal
was
received.
D-13.0303(f) f. (Unchanged)
Copy
Furnished
at Cost
D-13.0303(g)
g. (Unchanged)
Extension
D-13.0304 Within thirty days
after the date
Filing of of the filing of the record
on appeal,
Appeallant's the appellant shall file with the stated
Brief
clerk of the higher governing body
aligned with the same Primary Synod
as the accused (Auburn or Westminster),
a written brief containing specifications
of the errors alleged in the notice of appeal
and arguments, reasons, and citations
of authorities in support of the
appeallant's contentions as to the
alleged errors specified.
D-13.0304(a) a. (Unchanged)
Copy to
Other
Party
D-13.0304(b)
b. (Unchanged)
Extension
D-13.0304(c) c. (Unchanged)
Failure to
File Brief
D-13.0305 Within thirty days after the filing
Filing
of of appeallant's brief, the appeallee
Appellee's
shall file with the stated clerk of the
Brief higher
governing body aligned with
the same Primary Synod (Westminster
or Auburn) as the accused, a written
brief responding thereto.
D-13.0305(a) a. (Unchanged)
Copy to
Other
Party
D-13.0305(b) b. (Unchanged)
Extension
D-13.0305(c) c. (Unchanged)
Failure to
File Brief
D-13.0306 Upon receipt of the record and
Transmittal the briefs, or upon the expiration
of Record
of the time for filing them, the
and Briefs stated clerk of the higher governing
body, aligned with the same Primary
Synod as the accused (Westminster
or Auburn), shall transmit the record
and briefs to the clerk of the
Permanent Judicial Commission.
D-13.0307 (Unchanged)
Prehearing
Conference
D-13.0401 (Unchanged)
Notice of
Hearing
D-13.0402 (Unchanged)
Failure to
Appear
D-13.0403 (Unchanged)
Hearing
D-13.0403(a) a.
(Unchanged)
New Evidence
D-13.0403(b) b. (Unchanged)
Hearing
D-13.0404
(Unchanged)
Decision of
Permanent
Judicial
Commission
D-13.0404(a) a.
(Unchanged)
If no Errors
Found
D-13.0404(b) b. (Unchanged)
If Errors are
found
D-13.0404(c) c. (Unchanged)
Written
Decision
D-13.0404(d)
d. (Unchanged)
Determination
of Each Error
D-13.0404(e) e. (Unchanged)
Filed Promptly
D-13.0404(f) f. (Unchanged)
Further
Publicity
D-13.0405 (Unchanged)
Effect of
Reversal on
Appeal in
Disciplinary
Case
D-14.0101 (Unchanged)
Evidence
Defined
D-14.0201 (Unchanged)
Challenge
D-14.0202
(Unchanged)
Husband or
Wife
D-14.0203 (Unchanged)
Counselor
D-14.0204 (Unchanged)
Counsel for
Parties
D-14.0205
(Unchanged)
Credibility of
Witnesses
D-14.0301 (Unchanged)
Separate
Examination
D-14.0302 (Unchanged)
Examination of
Witnesses
D-14.0303 (Unchanged)
Record of
Testimony
D-14.0304 (Unchanged)
Testimony
Taken on
Deposition
D-14.0305 (Unchanged)
Member as
Witness
D-14.0401 (Unchanged)
Admissibility
of Records
D-14.0402 (Unchanged)
Admissibility
of Testimony
D-14.0501 (Unchanged)
Application for
New Trial
D-14.0502 (Unchanged)
Consideration
in Appeal
D-14.0503 The
accused can appeal to the
Appeal to General Assembly Board of
General Appeals from their Primary Synod's
Assembly
(Auburn or Westminster)
Appeals Permanent Judicial Commission,
as long
Board as the issues do not
involve ordination
standards, definitions of marriage,
statements of faith, evengelism
methods, or educational
materials used.
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