4.01  Every decision made by any judicatory, except the General Assembly, is subject to review by the next highest judicatory and may be brought before it by general review and control, appeal, or protest.
     4.02  Persons who are members of a judicatory whose actions are the subject of appeal or protest shall not be eligible to serve on a committee or commission of the higher judicatory dealing with the appeal or protest; nor shall such persons, if members of the higher judicatory, be eligible to vote on any motions related to the appeal or protest.

4.10 General Review and Control      Top
     4.11  Every judicatory above the session shall, at stated intervals as prescribed, review the proceedings of the judicatory next below. If any judicatory shall fail to send its records to the next highest judicatory for this purpose, it may be ordered to do so immediately or on a specified date, or else face disciplinary action.
     4.12  In reviewing the records of a lower judicatory, it is proper to examine whether:

a.		The proceedings have been correct;
b.		The proceedings have been wise and equitable and for the edification of the church;
c.		The proceedings have been correctly recorded;
d.		The directives of the higher judicatories have been obeyed.

     4.13  Generally, the higher judicatory shall record in its minutes the approval of the record or any disciplinary action it considers appropriate with regard to any errors or irregularities that were found. It shall make an entry of the same in the records under review. In addition, if any disciplinary action is taken, it shall send a communication to the clerk of the judicatory whose records were under review, listing the errors or irregularities and indicating the corrective action that is to be taken. In reviewing the record of disciplinary actions against persons, no action of a lower judicatory shall be altered or reversed, unless regularly brought up by appeal.
     4.14  Should a judicatory neglect to perform its duty, and thereby allow false doctrine or immorality to develop, offenders to go undisciplined, or other great irregularities to occur and not be properly recorded, the higher judicatory being aware by other means that such neglect or irregularity has occurred, shall make inquiry into and shall examine, deliberate, and decide the entire matter as if it had been recorded, and thus brought up by review and control.
     4.15  When a judicatory has been advised by the records of a constituent judicatory, by resolution, or by any other satisfactory means of any important neglect, error, or irregularity of its proceedings, it may cite the lower judicatory to appear through a representative or in writing to explain what it has done or failed to do in the matter in question. Except in disciplinary cases, after full investigation, the actions of a lower judicatory may be reversed in part or as a whole; or the matter may be referred back to the lower judicatory with instructions that it be reconsidered and corrective action taken. If the explanations of the lower judicatory are satisfactory and it is able to show that the matter is not of serious consequence, the review may be terminated with a caution to exercise greater care in future actions.

4.200 Appeals      Top
     4.201  An appeal removes a case already decided from a lower to the next higher judicatory. Appeals are of three types:

a.		Of a disciplinary action by a session/presbytery of a person under its care;
b.		Of a disciplinary action by a judicatory concerning a constituent body;
c.		Of any and all non-disciplinary actions.

     4.202  Proper ground for appeal are: any irregularity in the proceedings of the lower judicatory; a refusal of reasonable privilege to one directly involved in the case or decision; declining to receive important testimony or information; hurrying to a decision before the testimony or information is fully received; a manifestation of prejudice in the case; an error or injustice in the decision; a decision or action which is contrary to the Constitution or other rules of the church.
     4.203  Any person or judicatory that wishes to appeal an action must give notice in writing of the intention and reasons for doing so. Notice must be given by persons before the adjournment of the judicatory whose actions are being appealed, or within ten days to its moderator or stated clerk; and by a judicatory in writing within sixty days following the date of the action it wishes to appeal.
     4.204  An appeal must be made to the judicatory that is immediately higher. The appeal may be heard by the judicatory or by a commission it appoints for that purpose.
     4.205  An appeal of a disciplinary action by a session/presbytery of a person under its care, suspends the discipline imposed when guilt was determined until the appeal is finally decided. An appeal is allowable to the person disciplined, or with his or her consent by someone in the person's behalf, or to any individual who has suffered direct, personal injury from the actions of which the accused was charged and may be filed whether the accused is declared innocent or guilty.
     4.206  An appeal of a disciplinary action of a judicatory of one of its constituent judicatories may be made by any member of the higher judicatory, provided it is signed by one-third of those present and voting when the disciplinary action was taken; or it may be authorized by an action of the judicatory that is the subject of the discipline. The appeal suspends the disciplinary action until the appeal is finally decided.
     4.207  An appeal of any and all non-disciplinary actions of a judicatory may be made by any person who is a member of the Cumberland Presbyterian Church/Cumberland Presbyterian Church in America, but it shall not suspend the action until the appeal is finally decided, except in the following cases, and then only if the appeal is signed by one-third of the members of the judicatory who were present and voting at the time the action was taken:

a.		The ordination of a minister;
b.		The action of a presbytery to unite, divide, or dissolve particular churches;
c.		The action of a synod to unite, divide, or dissolve any of its presbyteries.

     4.208  In considering an appeal, the judicatory or a commission it appoints, should observe the following order:

a.		Ascertain whether the appellant has conducted it regularly;
b.		Read the record of the action;
c.		Hear the parties--first the appellant, then the appellee, the appellant to close;
d.		Call the roll, that each member may express his or her opinion in the matter;
e.		Receive a motion on the disposition of the appeal, with each member being permitted to speak only once before the vote is taken.

     The decision may be to confirm or reverse the action appealed, in whole or in part; remit the case to the lower judicatory for the purpose of amending an incorrect or defective record; or to direct the lower judicatory to reconsider the action appealed.
     4.209  If an appellant fails to pursue the appeal, it shall be regarded as abandoned, and the decision appealed from shall be final. The appellant shall be considered as having abandoned the appeal if it is not presented to the proper judicatory during its next stated meeting, unless such failure be the fault of someone other than the appellant.
     4.210  If an appellant manifests an unchristian spirit in pursuing the appeal, the appellant shall be subject to disciplinary action.

4.30 Dissents and Protests      Top
     4.31  A dissent is a declaration unaccompanied by reasons by one or more members of a minority of a judicatory, expressing a different opinion from that of the majority as to a particular matter. If stated in temperate language, the dissent shall be noted in the records of the judicatory, together with the names of the persons dissenting.
     4.32  A protest is a declaration accompanied by reasons by one or more members of a minority of a judicatory, expressing a different opinion from that of the majority, as to a particular matter. If stated in temperate language, the protest with its reasons shall be entered in the records, together with the names of the persons protesting.
     4.33  When a protest is lodged by any member of a judicatory, the judicatory may respond to the reasons given in the protest.
     4.34  The higher judicatory shall take cognizance of, and render judgment on all protests appearing upon the records passing under its review.