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The Historical Development of the PCA Book of Church Order

Chapter 35 : Evidence

Paragraph 13 :

35-13. If after trial before any court new testimony be discovered, which the accused believes important, it shall be his right to ask a new trial and it shall be within the power of the court to grant his request.

[Historical Summary : ]

Background and Comparison :
1. PCA 1973, 9-13, Adopted text, as printed in the Minutes of General Assembly, p. 150
2. Continuing Presbyterian Church 1973, 9-13, Proposed text, p. 50
3. PCUS 1933, IX, 239
4. PCUS 1925, IX, 239

If after trial before any court new testimony be discovered which the accused believes important, it shall be his right to ask a new trial and it shall be within the power of the court to grant his request.

PCUS 1879, IX-13
If after trial before any court, new testimony be discovered, which is supposed to be highly important to the exculpation of the accused, it is proper for him to ask, and for the court to grant, a new trial.

PCUS 1869 draft, IX-14
If, after a trial before any court, new testimony be discovered, which is supposed to be highly important to the exculpation of the accused, it is proper for him to ask, and for the court to grant, a new trial.

PCUS 1867 draft, IX-14
If after a trial before any court new testimony be discovered, which is supposed to be highly important to the exculpation of the accused, it is proper for him to ask, and for the court to grant, a new trial.

PCUSA, 1859 draft, VII-
All

UPCNA 1867, 7-

OPC, 1988, IV.
Any

Other:
ARP, 1958, §V-

COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. 220), on IX-13 :

218.--XIII. If after trial before any court, new testimony be discovered, which is supposed to be highly important to the exculpation of the accused, it is proper for him to ask, and for the court to grant, a new trial.
Even after technical acquittal, the accused may ask for a new trial, in order to make his vindication more certain. The court has discretion always to grant or refuse a request for a new trial, subject to appeal or complaint.



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I. King & Head of Church
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RoD
27
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II. Preliminary Principles
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DfW
47
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[FoG = Form of Government ; RoD = Rules of Discipline ; DfW = Directory for Worship]