Appeals

  1. An appeal is the removal of a judicial case to the next higher court by the filing of a petition asking that the judgment of a lower court be reversed or modified. An appeal may be taken by the accused, or by a prosecutor when a judgment of guilty has been reversed or modified by an appellate court.
  2. Preliminary decisions made by the trial court during the course of a trial may be excepted to and then may be assigned as grounds of appeal from the final judgment of the court.
  3. If an appeal is contemplated, written notice of appeal must, within fifteen days after the judgment has been announced, be filed with the clerk or the moderator of the court from which appeal is taken.
  4. In order to perfect an appeal, the appellant must lodge the appeal and the specifications of error with the clerk of the appellate judicatory within forty-five days after the filing of the notice of appeal. The appellant shall also serve a copy of the appeal upon the clerk of the court from whose judgment the appeal is taken. The clerk of the appellate court shall give the appellant and the court from which the appeal is taken reasonable notice of the time and place fixed for the hearing of the appeal.
  5. The clerk of the court from which the appeal is taken shall lodge the entire record of the case with the clerk of the higher court.
  6. If the appellate court does not sustain any of the specifications of error the judgment of the lower court shall be affirmed. If one or more material specifications of error are sustained, the appellate court shall reverse or modify the judgment, or return the case to the lowest court for a new trial.
  7. When the judgment of a lower court is before an appellate court, no member of the court from which the appeal is taken shall have any part in the decision of the case.
  8. Book of Discipline of the Bible Presbyterian Church, General Synod ©1998 Amended by the 55th, 56th, and 58th General Synods of the Bible Presbyterian Church.