BCO 42.5

The Historical Development of the Book of Church Order

Chapter 42 : Appeals

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Paragraph 5 :

42-5. It shall be the duty of the clerk of the lower court to file with the clerk of the higher court, not more than thirty (30) days after receipt of notice of appeal, a copy of all proceedings in connection with the case, including the notice of appeal and reasons therefor, the response of the lower court, the evidence, and any papers bearing on the case, which together shall be known as “the Record of the Case”, and the higher court shall not admit or consider anything not found in this “Record” without the consent of the parties in the case. Should new evidence come to light the case shall be remanded to the lower court from which the appeal was made, unless both parties consent to admit the new evidence and proceed with the case.

DIGEST : Amendments to this paragraph have occurred in 1984 [M14GA, 12-14, Item 5, p. 88] and 1996 [M24GA, 24-13, Item 2, p. 59].

BACKGROUND AND COMPARISON :
1. PCA 1973, RoD, 16-5, Adopted text, as printed in the Minutes of General Assembly, p. 153
2. Continuing Presbyterian Church 1973, RoD, 16-5, Proposed text, p. 58
3. PCUS 1933, RoD, XVI-§277
4. PCUS 1925, RoD, XVI-§277
The appellant shall lodge his appeal, and the reasons therefor with the Clerk of the higher court before the close of the second day of its sessions. It shall be the duty of the Clerk of the lower court to file with the Clerk of the higher court within the same time a copy of all the proceedings in connection with the case, including the notice of appeal and reasons therefor, the evidence, and any papers bearing on the case, which together shall be known as "the record of the case", and the higher court shall not admit or consider anything not found in this "record", without consent of the parties in the case.

PCUS 1879, Rules of Discipline, XIII-3-6
The appellant shall lodge his appeal, and the reasons of it, with the Clerk of the higher court before the close of the second day of its sessions; and the appearance of the appellant and the appellee shall be either in person or by writing.

PCUS 1869 draft, Canons of Discipline, XIII-3-6
The appellant shall lodge his appeal and the reasons of it with the Clerk of the higher court before the close of the second day of its Session; and the appearance of the appellant and appellee shall be either personal or in writing.

PCUS 1867 draft, Canons of Discipline, XIII-3-6
The appellant shall lodge his appeal and the reasons of it with the clerk of the higher court before the close of the second day of its session; and the appearance of the appellant and appellee shall be either personal or in writing.

PCUSA 1858 draft, Revised Book of Discipline, VIII-3-5
The appellant shall lodge his appeal, and the reasons of it, with the clerk of the higher judicatory, before the close of the second day of their session: and the appearance of the appellant and appellee shall be either personally or in writing.

COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. 250), on XIII-3-6:
260.--VI. The appellant shall lodge his appeal, and the reasons of it, with the Clerk of the higher court before the close of the second day of its sessions; and the appearance of the appellant and the appellee shall be either in person or by writing.
The appeal and reasons must be the same as he gave notice of. The sessions must be the sessions of the meeting next after the notice of appeal is given. Both appellant and appellee are bound to appear without further notice than the original notice of appeal.