PROCEDURAL RULES APPLICABLE TO APPEALS UNDER ARTICLE 30-A OF THE CHURCH ORDER WHEN THE JUDICIAL CODE IS NOT INVOKED
A. Appeal by a Member (Appellant) from a Decision or Action of a Council (Respondent)
1. Time Limit. An appeal must be made within six (6)
months of the decision or action appealed from. If, however, the
action or decision appealed from creates a continuous or
repeating practice, the appeal is timely if filed within six (6)
months after the practice is exercised. A classis may accept a
late appeal if classis is satisfied that the appellant has
reasonable cause for being late.
2. Oral Presentation. When classis considers the appeal,
both appellant and respondent shall be allowed reasonable time to
make an oral presentation with respect to the appeal.
3. Action by Classis. The classis shall consider and
decide every appeal properly submitted to it. Classis shall
decide on the appeal within one (1) year from the date the appeal
is received by the stated clerk of classis. If classis has not
decided an appeal within the one (1)-year period allowed, either
the appellant or the respondent has the right to appeal the
matter to synod without waiting for decision of classis.
4. Appeal to Synod. Both the appellant and the
respondent have the right to appeal the decision of classis to
synod.
B. Appeals to Synod by Members or Assemblies (Appellant) from Decision of Classis (Respondent)
1. Time Limit. An appeal must be led within ninety
(90) days after the decision or action appealed.
2. Normally for an appeal to be considered by a synod in any year
the appeal must be in the hands of the executive director by
March 15 of that year. If an appeal is led after March 15,
it shall not be heard by the synod of the same year; however, the
Board of Trustees of the Christian Reformed Church, upon the
recommendation of the executive director, may decide to submit
the appeal to the synod of the same year.
3. Normally appeals will not be printed in the agenda for synod.
However, if the Board of Trustees of the Christian Reformed
Church, upon recommendation of the executive director, decides
that an appeal raises an issue the resolution of which by synod
will likely have significant application outside of and beyond
the classis from which the appeal came, the appeal and any
response to it or, at the discretion of the executive director,
an abbreviated version of the appeal and response will be printed
in the agenda. If an appeal is filed before March 15 but the
deadline for response falls after March 15, the executive
director, after conferring with the respondent, may decide to
print the appeal and distribute any responses to delegates at the
beginning of synod or to hold the appeal over to the next
synod.
4. The appellant and the respondent shall have the right to
appear before the advisory committee of synod to explain their
positions. Requests to be heard shall be directed to the
executive director, who shall transmit them to the chairperson of
the advisory committee.
5. The appellant and the respondent shall have the right to be
present during the presentation of the case at synod, and, upon
recommendation of the advisory committee and with the approval of
synod, they shall have the privilege of explaining and defending
their positions on the oor of synod.
6. The advisory committee shall present a clear and adequate
statement of the content of each appeal and response to the
entire synod.
7. Copies of the appeals and responses not appearing in the
agenda and, if possible, the principal related documents shall be
sent to the members of the appointed advisory committee as soon
as possible.
General Rules
1. Filing an appeal. An appeal must be
in writing and filed with the stated clerk or executive director
of the assembly appealed to. A copy shall be promptly given to
the clerk of the assembly whose action is being appealed and to
any other party to the appeal.
2. Form of Appeal. No specific form is
prescribed. However, an appeal should contain at least the
following elements:
a. The name of the appellant.
b. The name of the body against which the appeal is being
made.
c. The decision which is being appealed.
d. The reasons why the appealed decision is believed to be
wrong.
e. Background information which will enable the assembly to make
a proper decision.
f. A statement defining clearly what action the appellant desires
the assembly to take.
3. Respondent’s Submission. The respondent
shall be entitled to submit a response to the appeal. Such
submission shall be made to the clerk of the assembly appealed to
within sixty (60) days from the date the respondent has received
a copy of the appeal. A copy of such submission shall be promptly
given to the appellant.
4. In any appearance before an assembly or a committee of an
assembly, the appellant and the respondent shall have the right
to be represented or counseled by a member of the church.