Chapter 40: General Review and Control

40-1. It is the right and duty of every court above the Session to review, at
least once a year, the records of the court next below, and if any lower court
fails to present its records for this purpose, the higher court may require them
to be produced immediately, or at any time fixed by this higher court.

40-2. In reviewing records of a lower court the higher court is to examine:
1. Whether the proceedings have been correctly recorded;
2. Whether they have been regular and in accordance with the
Constitution;
3. Whether they have been wise, equitable and suited to promote the
welfare of the Church;
4. Whether the lawful injunctions of the higher court have been
obeyed.

40-3. It is ordinarily sufficient for the higher court merely to record in its
own minutes and in the records reviewed whether it approves, disapproves or
corrects the records in any particular; but should any serious irregularity be
discovered the higher court may require its review and correction by the lower.
Proceedings in judicial cases, however, shall not be dealt with under review
and control when notice of appeal or complaint has been given the lower court;
and no judgment of a lower court in a judicial case shall be reversed except by
appeal or complaint.

40-4. Courts may sometimes entirely neglect to perform their duty, by which
neglect heretical opinions or corrupt practices may be allowed to gain ground;
or offenders of a very gross character may be suffered to escape; or some
circumstances in their proceedings of very great irregularity may not be
distinctly recorded by them. In any of these cases their records will by no
means exhibit to the higher court a full view of their proceedings. If, therefore,
the next higher court be well advised that any such neglect or irregularity has
occurred on the part of the lower court, it is incumbent on it to take cognizance
of the same, and to examine, deliberate and judge in the whole matter as
completely as if it had been recorded, and thus brought up by review of its
records.

40-5. When any court having appellate jurisdiction shall receive a credible
report with respect to the court next below of any important delinquency or
grossly unconstitutional proceedings of such court, the first step shall be to cite
the court alleged to have offended to appear before the court having appellate
jurisdiction, or its commission, by representative or in writing, at a specified
time and place, and to show what the lower court has done or failed to do in
the case in question.
The court thus issuing the citation may reverse or redress the
proceedings of the court below in other than judicial cases; or it may censure
the delinquent court; or it may remit the whole matter to the delinquent court
with an injunction to take it up and dispose of it in a constitutional manner; or
it may stay all further proceedings in the case; as circumstances may require.