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BOOK OF DISCIPLINE - Associate Reformed Presbyterian Church

BOOK OF DISCIPLINE - Associate Reformed Presbyterian Church

BOOK OF DISCIPLINE - Associate Reformed Presbyterian Church

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<strong>BOOK</strong> <strong>OF</strong> <strong>DISCIPLINE</strong> 2798. The higher court may, at its own discretion, appoint oneor more of its members to assist in the presentation of thecase to its court.9. After a higher court has decided that an appeal is in orderand that it should be considered by the court, the followingprocedures are to be followed: (1) reading the appeal, with thereasons for it; (2) reading the record of the case, which mayinclude the whole record or only that part of it against whichappeal is being made; (3) hearing the parties, the appellanthaving the right of opening and closing the argument; (4)taking the vote, with members having the right to vote eitherto sustain, to sustain in part, or not to sustain the appeal.10. If the appeal is sustained, either in whole or in part, thejudgment of the lower court is set aside, and the court mayeither close the case, if further proceedings are unnecessary; itmay try the case itself; it may send the case back to the lowercourt for a new trial; or it may remit the case back to a lowercourt for the purpose of amending the record, if it appearsincorrect or defective.11. If the appeal is not sustained, the judgment of the lowercourt is upheld.12. The decision of the higher court shall be recorded anda copy of it shall be sent to the lower court.13. If after entering his appeal, the appellant does not appearbefore the higher court either in person or by counsel at itsnext meeting following the date of his notice of appeal, theappeal shall be treated as abandoned and the judgment of thelower court shall stand, unless the appellant can furnish thecourt with satisfactory explanation of his failure to appear.14. In cases where an appeal would necessarily and injuriouslydelay proceedings, it is proper for the lower court torefuse to admit an appeal and proceed with the trial. In suchcases the party refused an appeal may register his complaintwith the next higher court.

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