Appeal To Court of Review
Notice & Briefs
Notice of Intent to Appeal an Order of a Hearing Panel must be issued within 40 days after the Order by the Hearing Panel is issued. (Title IV.15.2)
The Notice is a written notice of the Appeal served on the Bishop, with copies of the Notice to the President of the Hearing Panel and the President of the Province. The Notice must be signed by the Respondent’s Counsel or the Church Attorney and include a copy of the Order from which the Appeal is taken, and shall state the grounds of the Appeal. After receiving the Notice of Appeal, the Hearing Panel is required to produce the Record on Appeal within 30 days. (Title IV.15.7) The party appealing must serve two copies of the Record on Appeal, the Notice of Appeal and the appealing parties’ Brief, if any, on the opposing party and the Court of Review within 30 days after receiving a copy of the Record on Appeal. The party opposing the Appeal serves the Brief in opposition, if any, on the appealing party and the Court of Review. The appealing party may thereafter submit a reply Brief within fifteen days after service of the Brief in opposition.
Participants
The Chancellor may be consulted with regard to the Hearing Panel’s compilation of the materials for the Record on Appeal, both to serve the needs of the Court of Review and parties in the Appeal and to recognize the need of the Diocese ultimately to file these materials in the Archives of the Church.
If the Church Attorney is the appealing party, the Church Attorney files a Notice and begins to develop a Brief after the Record of the Hearing Panel has been produced by the Panel. The Church Attorney will pay particular attention to the standards for any conditions of Appeal provided in the Canons. (
Title IV.5.2)
If the Respondent’s Attorney is the appealing party, the Respondent’s Attorney files a Notice and begins to develop a Brief after the Record of the Hearing Panel has been produced by the Panel. The Respondent’s Attorney must pay particular attention to the standards for any conditions of Appeal provided in the Canons. (
Title IV.5.2)
Upon receiving a Notice of Appeal, the President of the Hearing Panel must oversee and organize the preparation of the Record on Appeal (
Title IV.15.7). The Record consists of the transcript of the proceedings before the Hearing Panel, together with documentary and tangible evidence received by the Hearing Panel.
