Chapter 43 : Complaints

Paragraph 3 :

43-3. If, after considering a complaint, the court alleged to be delinquent or in error is of the opinion that it has not erred, and denies the complaint, the complainant may make complaint to the next higher court. If the court fails to consider the complaint by or at its next stated meeting, the complainant may make complaint to the next higher court. Written notice of complaint, together with supporting reasons, shall be filed with both the clerk of the lower court and the clerk of the higher court within thirty (30) days following the meeting of the lower court.

[Historical Summary : Three amendments to this paragraph have been approved thus far in the history of the PCA: 1984 [M14GA, 12-14, Item 5j, p. 90]; 1987 [M15GA, 15-25, Item 2, p. 95] and 1992 [M20GA, 20-12, Item 5, p. 53]. In 1984, what had been 43-3 was renumbered as 43-5 and a new 43-3 was added to this chapter.]

Background and Comparison :
1984 [M14GA, 12-14, Item 5j, p. 90]
If, after considering a complaint, the court alleged to be delinquent or in error is of the opinion that it has not erred, and denies the complaint or fails to act on the complaint, the complainant may make complaint to the next higher court. Written notice of complaint, together with supporting reasons, shall be filed with both the clerk of the lower court and the clerk of the higher court within fifteen (15) days following the meeting of the lower court.

No comparable provision in this chapter of these editions:
PCA 1973, RoD, Chapter 17, Adopted text
Continuing Presbyterian Church 1973, RoD, Chapter 17, Proposed text
PCUS 1933
PCUS 1925
PCUS 1879
PCUS 1869 draft
PCUS 1867 draft

OTHER COMPARISONS:
OPC 2005, Book of Discipline, IX-3
If after considering a complaint, the judicatory alleged to be delinquent or in error is not convinced that it has been delinquent or has erred, and refuses to make amends, the complainant may appeal to the next higher judicatory having jurisdiction. The appeal shall carry the complaint to that judicatory. Appeal shall be entered at the earliest possible time. Before this action is taken, notice of intention to appeal must be given to the judicatory against which the complaint is directed. The complaint carried to the higher judicatory must be the same complaint presented to the lower judicatory.