BCO 32.4 - On Issuing Citations

The Historical Development of the Book of Church Order

Chapter 32 : General Provisions Applicable to all Cases of Process

32-1	32-2	32-3	32-4	32-5	32-6	32-7	32-8	32-9	32-10
32-11	32-12	32-13	32-14	32-15	32-16	32-17	32-18	32-19	32-20

Paragraph 4 : On Issuing Citations

32-4. The citation shall be issued and signed by the moderator or clerk by order and in the name of the court. He shall also issue citations to such witnesses as either party shall nominate to appear on his behalf. Indictments and citations shall be delivered in person or in another manner providing verification of the date of receipt. Compliance with these requirements shall be deemed to have been fulfilled if a party cannot be located after diligent inquiry or if a party refuses to accept delivery.

DIGEST : The current PCA text dates to an overture presented in 2002 (Cf. M30GA, 30-10, Item 3, p. 65) and adopted in 2004.

BACKGROUND AND COMPARISON :
PCA 1973, RoD, 6-4, Adopted text, as printed in the Minutes of General Assembly, p. 147
and
Continuing Presbyterian Church 1973, RoD, 6-4, Proposed text, p. 43
The citation shall be issued and signed by the Moderator or Clerk by order and in the name of the court; he shall also issue citations to such witnesses as either party shall nominate to appear on his behalf.

PCUS 1933, VI-§196
PCUS 1925, VI-§196
PCUS 1879, VI-4
The citation shall be issued and signed by the Moderator or Clerk, by order and in the name of the court ; he shall also issue citations to such witnesses as either party shall nominate to appear on his behalf.

PCUS 1869 draft, Canons of Discipline, VI-4
The citation shall be issued and signed by the Moderator or Clerk, by order and in the name of the court; he shall also issue citations to such witnesses as the accused shall nominate to appear on his behalf.

PCUS 1867 draft, Canons of Discipline, VI-4
The citation shall be issued and signed by the moderator or clerk, by order and in the name of the court; he shall also issue citations to such witnesses as the accused shall nominate to appear on his behalf.

PCUSA 1858, Revised Book of Discipline, IV. Actual Process, paragraph 2
The citations shall be issued and signed by the Moderator or Clerk, by order and in the name of the judicatory. He shall also issue citations to such witnesses as the accused shall nominate, to appear on his behalf.

COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. ), on Rules of Discipline, VI-4:
175.--IV. The citation shall be issued and signed by the Moderator or Clerk, by order and in the name of the court ; he shall also issue citations to such witnesses as either party shall nominate to appear on his behalf.
At any time before the time set for trial, either party may nominate witnesses to the Moderator or Clerk ; but it would be a sufficient objection to any witnesses nominated by the prosecutor after the meeting of the court ordering the indictment to be served, that the prosecution then knew this witness (174). Either party has the right all the while to know what witnesses the other party is having cited.

AMENDMENTS :
2002 - M30GA, 30-10, Item 3, pp. 64-65.
Amendment of 32-3 was approved by a vote of presbyteries, 48 to 3, and subsequently adopted by the 32nd General Assembly (2004).