BOOK OF DISCIPLINE - Associate Reformed Presbyterian Church

280 BOOK OF DISCIPLINEE. COMPLAINTS1. A complaint is a representation made to a higher courtin respect to a decision of the lower court regarded as beingirregular or unjust.2. It differs from an appeal in that it does not suspendproceedings in the case and is the privilege of any one underthe jurisdiction of the court. In judicial cases, however,a party declining to appeal shall not be allowed to enter acomplaint.3. Complaints are usually to be entertained only wherethe complainants do not have the right of appeal or wherean appeal is refused.4. A complaint brings the whole proceedings of the lowercourt in the case under review of the higher, and if the complaintis found to be well grounded, the higher court maynot only reverse the decision of the lower court, either inwhole or in part, but may also subject it to such censure asthe case may require.5. The same rules of procedure are to be allowed in complaintsas in appeals.F. DECLINATURE1. A declinature is the refusal of a party under process tosubmit to trial by that particular court.2. Declinature is warrantable where the court betrays unfairnessor partiality; where it prejudices the case; where itgoes beyond its lawful authority; or where it permits personsclosely related to either party, at enmity with either party, orwho have themselves been active as parties to sit and votein the case after they have been challenged.3. A declinature is to be admitted by a court only when itis accompanied with reasons and notice of appeal. It in nocase ends the matter, but only removes it by appeal to thehigher court, where it is to be considered according to therules already given.