A. INTRODUCTION

1. Transfer of jurisdiction to a higher court is provided in order to remedy, in an orderly way, wrongs that may be done. When those who had no concern in the origin of proceedings review and confirm or amend the proceedings judgments, the possibility of permanent wrongs is reduced as much as our present imperfect state allows.
2. The decisions of all church courts, with the exception of the highest, are subject to investigation by a higher court. The decision of the lower court may be brought before the higher court by review, reference, appeal, complaint, or declinature

B. REVIEW

1. The records of all lower courts are subject to the review of the next higher court at any time the higher court shall require.
2. In reviewing the records of a lower court, it is proper for the higher court to examine: first, whether the proceedings have been constitutional and regular; second, whether the proceedings have been equitable, faithful, and prudent; third, whether the proceedings have been properly recorded.
3. The review may be conducted by a committee of the court which shall make its report at the meeting at which it was appointed. If any censure or correction appears to be necessary, the members of the lower court present shall be heard in defense, and then the higher court shall make its judgment on the matter. This judgment shall be entered both on the records of the court and on the records reviewed.
4. If the review indicates irregular proceedings which require correction, the lower court shall be required to review and correct its proceedings, and to report the correction to the higher court as soon as possible.
5. No judicial decision shall be reversed by a court sitting in review unless the decision is regularly brought to the court by appeal or complaint.
6. If, however, the higher court is advised of unrecorded neglect and/or irregularities of a lower court, it shall cite the lower court to appear and answer the charges. If the charges are found to be true, the higher court shall impose such censures and give such orders as it may judge necessary in the case.

C. REFERENCE

1. A reference is a written representation made by a lower court to a higher court for advice or other action on a matter pending before a lower court.
2. Among proper subjects for reference are matters which are new, delicate, or difficult; which have produced a serious division among the members of the lower court; or with which a number of the members are so connected as to render it improper for them to sit in judgment.
3. In making a reference the lower court may ask either for advice or for final disposition of the matter referred. In case of referral for advice, the effect is to suspend the judgment of the lower court. In the case of referral for trial decision, the effect is for the lower court to relinquish jurisdiction to the higher court.
4. A reference may be presented to the higher court by one or more representatives appointed by the lower court for this purpose, and it should be accompanied with the records necessary for proper understanding and consideration of the matter referred.
5. In cases of reference for advice the higher court ought, as a rule, to give the advice asked for. It may, however, in cases of reference for decision, decline to give judgment, and remit the whole case, with or without advice, to the court referring it.
6. Notice of reference must be given to parties concerned in the case, and all evidence should be duly prepared and in readiness so that the higher court may be able to hear and issue the case with as little delay as possible.

D. APPEALS

1. An appeal is a legal proceeding by which a case is brought from a lower to a higher court for rehearing. The effect of an appeal is to suspend all further proceedings in the case, including the sentence, until the case has been finally decided in a higher court. If a sentence of suspension or deposition be appealed from, however, it shall be considered in force until the matter is decided.
2. An appeal can normally be made only by an accused party, called the appellant, who has submitted to a regular trial. An appellant who has not submitted to a regular trial is not entitled to an appeal.
3. An appeal can be made only to the next higher court, except with the express consent of that court.
4. An appeal may be made either from a definite sentence or from any particular part of the proceedings. The grounds for an appeal include matters such as any irregularity in the proceedings of the lower court; hindrance of procedural rights; refusal of reasonable indulgence to a party on trial; receiving improper or declining to receive proper evidence; rendering a decision before all testimony is taken; evidence for bias or prejudice in the case; and an unjust or mistaken sentence.
5. The appellant must make his appeal, together with the reasons for it, in writing, either to the court hearing his case before it adjourns or to the moderator or the clerk of that court within ten days after the judgment appealed from is pronounced. The appeal, however, should not be refused if reasons for unavoidable delay can be demonstrated.
6. The appellant shall lodge his appeal, with the reasons for it, with the clerk of the higher court prior to the beginning of its next regular meeting. The clerk of the lower court appealed from shall send the full record of the case or a certified copy to the higher court by the same time.
7. Evidence that has come to light at the first trial may be presented by either the appellant or appellee in an appeal.

E. COMPLAINTS

1. A complaint is a representation made to a higher court in respect to a decision of the lower court regarded as being irregular or unjust.
2. It differs from an appeal in that it does not suspend proceedings in the case and is the privilege of any one under the jurisdiction of the court. In judicial cases, however, a party declining to appeal shall not be allowed to enter a complaint.
3. Complaints are usually to be entertained only where the complainants do not have the right of appeal or where an appeal is refused.
4. A complaint brings the whole proceedings of the lower court in the case under review of the higher, and if the complaint is found to be well grounded, the higher court may not only reverse the decision of the lower court, either in whole or in part, but may also subject it to such censure as the case may require.
5. The same rules of procedure are to be allowed in complaints as in appeals.

F. DECLINATURE

1. A declinature is the refusal of a party under process to submit to trial by that particular court.
2. Declinature is warrantable where the court betrays unfairness or partiality; where it prejudices the case; where it goes beyond its lawful authority; or where it permits persons closely related to either party, at enmity with either party, or who have themselves been active as parties to sit and vote in the case after they have been challenged.
3. A declinature is to be admitted by a court only when it is accompanied with reasons and notice of appeal. It in no case ends the matter, but only removes it by appeal to the higher court, where it is to be considered according to the rules already given.