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Chapter 45: Dissents, Protests and Objections

Part II — The Rules of Discipline

Sections 45.1–45.5

45-1

Section 45.1

45-1. Any member of a court who had a right to vote on a question, and is
not satisfied with the action taken by that court, is entitled to have a dissent or
protest recorded.
None can join in a dissent or protest against an action of any court
except those who had a right to vote in the case.
Any member who did not have the right to vote on an appeal or
complaint (see BCO 39-2), and is not satisfied with the action taken by the
court, is entitled to have an objection recorded.
A dissent, protest or objection shall be filed with the clerk of the lower
court within thirty (30) days following the meeting of the lower court or with
the clerk of the General Assembly before its adjournment.

45-2

Section 45.2

45-2. A dissent is a declaration on the part of one or more members of a minority,
expressing a different opinion from the majority in its action on any issue before the
court, and may be accompanied with the reasons on which it is founded.

45-3

Section 45.3

45-3. A protest is a more solemn and formal declaration by members of a
minority, bearing their testimony against what they deem an improper or
erroneous action on any issue before the court, and is generally accompanied
with the reasons on which it is founded.

45-4

Section 45.4

45-4. An objection is a declaration by one or more members of a court who
did not have the right to vote on an appeal or complaint, expressing a different
opinion from the decision of the court and may be accompanied with the
reasons on which it is founded.

45-5

Section 45.5

45-5. If a dissent, protest, or objection be couched in temperate language, and be
respectful to the court, it shall be recorded; and the court may, if deemed necessary,
put an answer to the dissent, protest, or objection on the records along with it. Here
the matter shall end, unless the parties obtain permission to withdraw their dissent,
protest, or objection absolutely, or for the sake of amendment.