Chapter 43: Complaints

43-1. A complaint is a written representation made against some act or
decision of a court of the Church. It is the right of any communing member of
the Church in good standing to make complaint against any action of a court
to whose jurisdiction he is subject, except that no complaint is allowable in a
judicial case in which an appeal is pending.

43-2. A complaint shall first be made to the court whose act or decision is
alleged to be in error. Written notice of complaint, with supporting reasons,
shall be filed with the clerk of the court within sixty (60) days following the
meeting of the court. The court shall consider the complaint at its next stated
meeting, or at a called meeting prior to its next stated meeting, provided that
the complaint has been filed with the clerk at least ten (10) days in advance. If
the complaint is filed with less than ten (10) days’ notice, the court may
consider the complaint at a later meeting not more than 60 days later. No
attempt should be made to circularize the court to which complaint is being
made by either party.

43-3. If, after considering a complaint, the court alleged to be delinquent or in
error is of the opinion that it has not erred, and denies the complaint, the
complainant may take that complaint to the next higher court. If the lower court
fails to consider the complaint against it by or at its next stated meeting,
provided that the complaint has been filed with the clerk at least ten (10) days
in advance, the complainant may take that complaint to the next higher court. If
the complaint is filed with less than ten (10) days’ notice, the court may
consider the complaint at a later meeting not more than 60 days later. Written
notice thereof shall be filed with both the clerk of the lower court and the clerk
of the higher court within thirty (30) days of notification of the last court’s
decision.
Notification of the last court’s decision shall be deemed to have
occurred on the day of mailing (if certified, registered or express mail of a
national postal service or any private service where verifying receipt is
utilized), the day of hand delivery, or the day of confirmed receipt in the case
of e-mail or facsimile. Furthermore, compliance with such requirements shall
be deemed to have been fulfilled if a party cannot be located after diligent
inquiry or if a party refuses to accept delivery.

43-4. Notice of complaint shall not have the effect of suspending the action
against which the complaint is made, unless one-third (1/3) of the members
present when the action was taken shall vote for its suspension, until the final
decision in the higher court.

43-5. The court against which complaint is made shall appoint one or more
representatives to defend its action before the higher court, and the parties in
the case shall be known as complainant and respondent. The complainant
himself may present his complaint, or he may obtain the assistance of a
communing member of the Presbyterian Church in America, who is in good
standing, in presenting his complaint.

43-6. It shall be the duty of the clerk of the lower court to file with the clerk
of the higher court, not more than thirty (30) days after receipt of notice of
complaint, a copy of all its proceedings in connection with the complaint
including the notice of complaint and supporting reasons, the response of the
lower court, if any, and any papers bearing on the complaint. If the clerk of the
lower court shall neglect to send up the proceedings on the complaint, he shall
receive a proper rebuke from the higher court, and the act or decision
complained against shall be suspended until the proceedings are produced so
that the higher court can fairly consider the complaint.

43-7. The complainant shall be considered to have abandoned his complaint
if he fails to appear before the higher court, in person or by counsel, for a
hearing thereof, after he has been properly notified; but a complainant may
waive, in writing, his right to appear with permission of the court and not be
considered to have abandoned his case. In case of such failure to appear, the
judgment of the lower court will stand unless the complainant gives to the
court a prompt and satisfactory explanation.

43-8. Subject to the provisions below, after the higher court has decided that
the notice filed with its clerk was timely and that the complaint is otherwise in
order for it to be heard by the higher court, it shall hear the complaint, or in
accordance with the provision of BCO 15-2 and 15-3, appoint a commission to
do so. Ordinarily the court or its commission shall schedule a hearing in a manner
that reasonably accommodates the schedules of the respective parties and affords
each party a prior opportunity to file a written brief upon such terms and in
accord with a briefing schedule established by the court or its commission in
the reasonable exercise of its discretion.

43-9. At the hearing, after all the papers bearing on the complaint have been
read, the complainant and respondent will be given the opportunity to present
argument, the complainant having the right of opening and closing the
argument. After the hearing has been concluded, the court or the commission

should go into closed session, and discuss and consider the merits of the
complaint. The vote should then or later be taken as to what disposition should
be made of the complaint, and the complainant and respondent notified of the
court’s decision.