PCV Code OnLine

Chapter Six - General Rules for Church Courts
 
  Section Eight - Reference to a Higher Court
 
45.

Reference defined

 

A reference is a document containing the facts of a case which is stated and referred by resolution of a lower court for the opinion, advice, direction or judgment of its immediate higher court. (see appendix 5)
 
46.

Kind of cases referred

 

A court refers a matter to its immediate higher court when it is in doubt as to the correct procedure of the law of the church; but it may refer other matters such as:

  1. cases of particular difficulty or delicacy, the decision on which may establish an important precedent;
  2. cases on which the members of the court are much divided in opinion;
  3. cases on which it is desirable, for any reason, that a larger body should first decide.
 
47.

Evasion of responsibility

 

A court may not state a reference merely to evade its proper and ordinary responsibility. In such a case the higher court declines to deal with the reference and directs the lower court to deal with the matter. (see rule 7:90)
 
48.

Effect of referring the case

 

The reference of a case, either without comment or otherwise, to a higher court halts procedure in the lower court until the higher court has given its decision.
 
49.

How transmitted

 

A reference is transmitted in the form of a properly attested extract minute of the resolution to refer, accompanied by all relevant documents. If there are parties in the case, they must be cited by the court referring so that they may appear for their interests.
 
50.

How presented

 

A reference places at the bar persons stating the reference who are not members of the higher court. In presenting and stating a reference it is necessary to show what the case is and why it has been referred.

 
51.

Reference disposed of

 

After a reference has been stated and questions answered, the reference is either sustained or not sustained. If it is sustained, any parties in the case are called and heard, after which the higher court considers the whole case and decides it, or gives such advice and directions as it considers necessary and sends the matter back to the lower court so that it may take the appropriate action.
 
52.

Cost of printing

 

A lower court may be required to pay the cost of printing a reference which it has transmitted.