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The Historical Development of the PCA Book of Church Order

Chapter 42 : Appeals

Paragraph 9 :

42-9. The decision of the higher court may be to affirm in whole or in part; to reverse in whole or in part; to render the decision that should have been rendered; or to remand the case to the lower court for a new trial. In every case a written opinion shall be prepared, and a copy of the opinion and judgment entered will be delivered personally or mailed to the lower court and the appellant, with a written receipt required.

[Historical Summary : The text of this paragraph dates to 1984 [M14GA, 12-14, Item 5, p. 89].

Background and Comparison :
1. PCA 1973, RoD, 16-8, Adopted text, as printed in the Minutes of General Assembly, p. 154
2. Continuing Presbyterian Church 1973, RoD, 16-8, Proposed text, p. 58
3. PCUS 1933, RoD, XVI-§280
4. PCUS 1925, RoD, XVI-§280
The decision of the higher court may be to confirm or to reverse in whole or in part, the judgment of the lower court; or to remit the case to the lower court for the purpose of amending the record, should it appear incorrect or defective; or to send the case back for a new trial. In every case a full record shall be made, and a copy of it shall be sent to the lower court.

PCUS 1879,
Rules of Discipline, XIII-3-8
The decision may be either to confirm or reverse, in whole or in part, the judgment of the inferior court; or to remit the cause for the purpose of amending the record; should it appear to be incorrect or defective, or for a new trial.

PCUS 1869 draft, Canons of Discipline, XIII-3-8
and
PCUS 1867 draft, Canons of Discipline, XIII-3-8
The decision may be either to confirm or reverse, in whole or in part, the decision of the inferior court; or to remit the cause for the purpose of mending the record, should it appear to be incorrect or defective; or for a new trial.

COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. 250), on XIII-3-8:
262.--VIII. The decision may be either to confirm or reverse, in whole or in part, the judgment of the inferior court; or to remit the cause for the purpose of amending the record; should it appear to be incorrect or defective, or for a new trial.
Accordingly, the vote may be first to sustain, not to sustain, or to sustain in part, the appeal ; and if the appeal is sustained or sustained in part, then that is done or is to be done which the appellant asked for in his appeal. But the vote may be upon a definite motion to confirm or reverse, to remit, or to order a new trial.



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