A. PROCEDURE FOR JUDICIAL PROCESS

1. Judicial procedure is the orderly succession of legal proceedings in accordance with those principles and rules set forth in the Constitution of the Associate Reformed Presbyterian Church, and specifically in this Book of Discipline.
2. Offenses which are brought before a church court are those of a public and general nature or personal and private offenses that cannot be settled in a private way.
3. Whenever any charge of offense is referred to a church court for decision, the court shall, before even hearing the charge, determine whether every reasonable and appropriate effort has been made to settle the matter in a more private way.
4. Judicial process against an alleged offender shall not be instituted unless some reliable person or persons make the charge and undertake to substantiate it, or unless the court finds it necessary for the good of the persons involved and/or the Church to investigate the alleged offense.
5. If there is any doubt in the minds of two or more members of the court regarding whether the alleged offender is censurable or whether there is sufficient evidence to substantiate the charge, a committee shall be elected by the court to ascertain whether all required preliminary steps have been taken, whether there are probable grounds for an accusation, and whether, if charges are proved, they will constitute a censurable offense.
(a) In its investigation, the committee (or the court) is to exercise great caution when charges rest chiefly on the testimony of persons who are or have been at enmity with the accused, who have the reputation of being untruthful or quarrelsome, or who have prospect of some temporal advantage from the charges.
(b) Anyone who brings charges shall be previously warned that if there is a failure to show reasonable grounds for the charges, the accuser may himself be censured for slander. The committee (or the court) will drop any charges based on rumors or other common report unless some particular offense is specified, is widely believed, and raises a strong possibility of the guilt of the accused.
(c) If the committee finds that the case does not require judicial process or that there is insufficient evidence to substantiate the charge, the committee will recommend that the matter be dropped. If the investigation indicates that charges should be made, the committee shall prepare the charges for presentation to the court.l
6. A person who may consider himself injured by a rumor, more or less current, may request an investigation for his own vindication. If the court grants the request, it may elect a special committee to make the investigation and report in writing. A record of the results may conclude the matter. If the committee finds that charges should be made, it shall prepare the charges for presentation to the court.
7. Before proceeding with any judicial process, the court, or a committee appointed by the court, should seek by private conference with the accused to avoid, if possible, the need for actual judicial process.
8. If the offender confesses, the way is clear for the court either to restore him or to impose such censure as the welfare of the offender and/or the Church may require.
9. The original and only parties in a case of process are the accuser and the accused. The prosecution is always initiated by a court in the name of the Associate Reformed Presbyterian Church. The prosecutor is always the representative of the Church, whether he voluntarily brings the charge and is permitted by the court to prosecute it or whether he is a member of the court appointed by the court to act as prosecutor. In appellate courts, the parties are known as appellant and appellee.
10. When the judicial process is initiated, the court shall appoint one or more of its members (in a case before the session, any communing member of that congregation may serve) as a prosecuting committee to prepare the indictment and conduct the case in all its stages in whatever court until the final decision is reached. Any appellate court before which the case is pending may appoint one or more of its own members to assist in the prosecution. No one is to be admitted as prosecutor who is personally biased or at enmity with the accused, who is not of good reputation, or who may have some temporal advantage in view.
11. When any church officer has been cited for process, all his official functions may be suspended at the discretion of the court pending the trial, but this shall not be construed as a censure.
12. In any trial neither the accused, his counsel, nor the prosecutor shall perform any function of a voting member of the court.
13. Prosecution for the alleged offense should begin as soon as possible, but it must begin within one year from the time of the alleged commission of the offense or from the date it is reported to the court of jurisdiction.
14. The accused person may appear on his own behalf, or if he prefers, he may be represented by any member or members of the Church subject to the jurisdiction of the court. Any counsel appearing before the court must sign a statement that he has not and will not accept any fee or other emolument beyond necessary expense for any service rendered as counsel for defense or prosecution.
15. If the accused is absent and not represented by counsel, the court shall appoint as counsel one or more members of the Church subject to the jurisdiction of the court.
16. It is incumbent on every member of a court engaged in the trial of offenders to bear in mind the injunction: "if a man is overtaken in any trespass, you who are spiritual should restore him in a spirit of gentleness. Look to yourself, lest you too be tempted" (Galatians 6:l)
17. Every charge must be presented to the court in writing and must state the alleged offense with the specifications of the facts relied upon to sustain the charge. Each specification shall declare, as far as possible, the time, place, and circumstances of the commission of the alleged offense, and shall be accompanied with the names of the witnesses and the titles of records and documents to be cited for its support.
18. When an offense, alleged to have been committed at a distance, is not likely otherwise to become known to the court having jurisdiction, it is the duty of the court within whose bounds the offense occurred, after satisfying itself that there is reasonable grounds of accusation, to send notice to the court having jurisdiction.
19. A charge shall not allege more than one offense. Several charges against the same person, however, with the specifications under each of them, may be presented to the court at the same time and may be tried together. A vote on each charge must be taken separately.

B. TRIAL PROCEDURE

1. Before beginning a trial, the court shall decide whether it shall try the case or refer the judicial case for hearing and decision to a judicial commission elected by it.
2. Judgment shall not be rendered in a case by any members of a court or commission who can benefit personally form the decision, who is closely related to either party, who had been active for or against either party in the matter embraced in the charge, who has personal enmity toward either party, or who has prejudged the case. Any member may be challenged by either party at and only at the first opportunity when the court meets for trial. The decision about the challenge shall be made by the remaining members of the court.
3. When the court begins consideration of an alleged offense, the charge and specifications shall be read. Except by consent of both parties, the only other actions to be taken at the first meeting of the court shall be: (1) To appoint the prosecution committee, (2) to furnish the accused with a copy of the charge and specifications including the times, places, and circumstances, if possible, and with the names of all witnesses then known and titles of records and documents that may be offered in support of the charge, (3) to cite all parties and their witnesses to appear and be heard at another meeting for the trial, which, except in an appellate court, shall not be sooner than two weeks after such citation.
4. The citation must specify the name of the accused, the court before which he is to appear, the time, and place. It is to be accompanied with a copy of the charge. The citations shall be issued and signed by the court's moderator and/or clerk, who shall also furnish citations for such witnesses as either party shall name. The accused shall not be required to disclose the names of his witnesses. Citations are issued only to members of this denomination. Other persons can only be requested to attend. Citations shall be served personally or by registered mail to the last known place of residence. Before proceeding to trial, it must be clear that all citations have been served as indicated. If anyone who is a member of the denomination fails to obey the citation, he shall be cited a second time. The second citation shall include notice that if he does not appear and plead and/or testify at the time appointed, unless providentially hindered (which he must make known to the court), he shall be considered guilty of disobedience and contempt and may be censured for that offense. The time allowed for responding to a second citation shall be set by the court with proper regard for all the circumstances.
5. When an accused person refuses to appear or plead after a second citation, the court shall enter the fact on its records, together with the nature of the offense charged, and the person shall be suspended from the sacraments and/or any office held in the Church. When the censure of suspension is imposed upon an accused person for refusing to appear or plead, the court will ordinarily proceed no further with the trial. It may, however, if circumstances require it, and if it is sure the citation was received, proceed to trial on the merits, despite the absence of the accused, and impose whatever censure it finds warranted. In this event counsel would be appointed to represent the interest of the accused person during the trial.
6. At the meeting when the citations are returnable, the accused may request a change in the time of meeting because of inability to be present or because of the need for additional time to prepare his defense. The accused or his counsel shall appear. He may file objections and be heard on the regularity of the organization, the jurisdiction of the court, the right of any member to participate in the trial, the sufficiency of the charges and specifications in form or legal effect, or any other substantial objections affecting the order or regularity of the proceeding. The court shall consider all such preliminary objections or charges which do not change their general nature. If the proceedings are found in order and the charges, if proved, are censurable, the accused shall be called to plead "guilty" or "not guilty." If the plea is "guilty," the court may deal with him according to its discretion. If the plea is "not guilty," or if the accused declines to answer, a plea of "not guilty" shall be entered on the record, and the trial shall proceed.
7. The following trial order shall be observed: (1) The moderator or commission chairman shall charge the court to recollect and regard their high responsibility as judges of a court of Jesus Christ. (2) The indictment shall be read and the answer of the accused heard. (3) The witnesses for the prosecutor and then those for the accused shall be examined, with either party being entitled to call rebuttal witnesses. (4) The parties shall be heard - first the prosecutor and then the accused - and the prosecutor shall close. (5) The prosecutor and the accused, their counsel and all non-members of the court shall withdraw, the roll shall be called, and then members may express their opinion in the case. (6) A ballot vote shall be taken on each charge separately, with a majority necessary to convict. (7) Keeping in mind that the purpose is to correct and restore and not to punish as an end in itself, the court shall determine what censure, if any, shall be inflicted. (8) The parties shall be recalled, the verdicts announced, and judgments entered on the records. It is then in order at once, in any court except the highest, to give notice of appeal. Such notice must be filed with the moderator or clerk of the court within two weeks after adjournment of the court.
8. Before or during the trial of a case prior to completion of receiving all evidence, any member of the court who expresses his opinion on its merits to either party or to any member of the court, or to any person not a member of the court, or who absents himself from any session without the permission of the court for reasons satisfactory to the entire court, shall be thereby disqualified from taking part in subsequent sessions.
9. If there are questions as to order or evidence arising in the course of the trial, the questioning parties shall have an opportunity to be heard. The question shall be decided by the moderator, or chairman, subject to an appeal to the court to be determined without debate.
10. At any stage of the trial the court may decide by a vote of two-thirds of the members present to sit in private session with all non-voting members excluded.
11. The charge and specifications, the plea, all the testimony, and the judgment shall be entered on the minutes of the court. The minutes shall also include all the acts and orders of the court relating to the case, with the grounds therefore together with any notice of appeal, with the grounds therefore. All of this, together with the evidence in the case duly filed and authenticated by the clerk, shall constitute the record. The parties shall be allowed copies of the whole record at their own expense, if they request them. In case of appeal, the lower court shall transmit the record, or a certified copy, to the higher court. Nothing not contained in the record shall be taken into consideration by the higher court without consent of the parties in the case. After the final decision in a higher court, its judgment shall be sent down to the court in which the case originated.

C. GENERAL PROCEDURE

1. If the convicted party refuses to submit to the censure, the court may impose a higher censure for disobedience.
2. The court shall use its own judgment as to when it is necessary to pronounce sentence in public. When the ends of public edification can be as well served, private censure is to be preferred.
3. A church officer under process shall retain the right to deliberate and vote in other matters unless suspended by the court until completion of investigation and/or trial.
4. Church courts are to be careful not to involve in the shame and severity of a judicial process errors and irregularities which do not strike at the vitals of doctrinal and practical godliness and/or which may be removed by private admonition and reproof.
5. Whenever a church officer willfully and habitually fails to be engaged in the regular discharge of his official functions, it shall be the duty of the court having jurisdiction, at a stated meeting, to inquire into the cause of such dereliction, and, if necessary, to institute judicial proceedings against him for breach of his covenant engagement. In such a case, the clerk shall, under the order of the court, forthwith deliver to the individual concerned a written notice that, at the next stated meeting, the question of his being so dealt with is to be considered. This notice shall distinctly state the grounds for this proceeding. The party thus notified shall be heard in his own defense. If the court decides that his neglect proceeds from his want of acceptance to the Church, or from his lack of interest in the work of his office, it may divest him of his office without censure, even against his will, a majority of two-thirds being necessary for this purpose. The Church officer may appeal from this decision as if he had been tried after the usual forms.
6. When a presbytery divests a minister of his office without censure, his church shall be declared vacant; but when he is suspended from office, it shall be left to the discretion of the presbytery whether the censure includes the dissolution of the pastoral relation.