.

The Historical Development of the PCA Book of Church Order

Chapter 35 : Evidence

Paragraph 11 :

35-11. A member of the court who has given testimony in a case becomes disqualified for sitting as a judge if either party makes objection.

[Note :

Background and Comparison :
1. PCA 1973, 9-11, Adopted text, as printed in the Minutes of General Assembly, p. 150
2. Continuing Presbyterian Church 1973, 9-11, Proposed text, p. 50
3. PCUS 1933, IX, § 237
4. PCUS 1925, IX, § 237
A member of the court who has given testimony in a case becomes disqualified for sitting as a judge if either party makes objection.

PCUS 1879, IX-11
A member of the court shall not be disqualified for sitting as a judge by having given testimony in the case.

PCUS 1869 draft, IX-11
and
PCUS 1867 draft, IX-11
A member of the court shall not be disqualified from sitting as a judge by having given testimony in the case.

PCUSA, 1859 draft, VII-14
 A member of the judicatory may be called upon to bear testimony in a case which comes before it. He shall be qualified as other witnesses are; and, after having given his testimony, he may immediately resume his seat as a member of the judicatory.

UPCNA 1867, 7-

OPC, 1988, IV.
Any

Other:
ARP, 1958, §V-

COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. ), on IX-11 :
216.--XI. A member of the court shall not be disqualified for sitting as a judge by having given testimony in the case.
217.--XII. An officer or private member of the church refusing to testify may be censured for contumacy.
But not for refusing to testify against one's husband or wife or one's self. And no one can be censured for such contumacy except by the court having jurisdiction over him, and after conviction by process or after confession.


Chapter Index [links to Par. 1 of each chapter]:
FoG
.1.
I. King & Head of Church
.§1.
§2-3
§4
§5
RoD
II. Preliminary Principles
DfW
47
48
49
51
52
53
54
55
56
59
60
61
62
[FoG = Form of Government ; RoD = Rules of Discipline ; DfW = Directory for Worship]