43. General Review and Control

  1. It is the right and duty of every court above the Session to review, at least once a year, the records of the court next below, and if any lower court fails to present its records for this purpose, the higher court may require them to be produced immediately, or at any time fixed by this higher court.
  2. In reviewing records of a lower court the higher court is to examine:
    1. Whether the proceedings have been correctly recorded;
    2. whether they have been regular and in accordance with the Constitution;
    3. whether they have been wise, equitable, and suited to promote the welfare of the Church;
    4. whether the lawful injunctions of the higher court have been obeyed.
  3. It is ordinarily sufficient for the higher court merely to record in its own minutes and in the records reviewed, whether it approves, disapproves, or corrects the records in any particular; but should any serious irregularity be discovered the higher court may require its review and correction by the lower. Proceedings in judicial cases, however, shall not be dealt with under review and control when notice of appeal or complaint has been given the lower court; and no judgment of a lower court in a judicial case shall be reversed except by appeal or complaint.
  4. Courts may sometimes entirely neglect to perform their duty, by which neglect heretical opinions or corrupt practices may be allowed to gain ground; or offenders of a very gross character may be suffered to escape; or some circumstances in their proceedings of very great irregularity may not be distinctly recorded by them; in any of which cases their records will by no means exhibit to the higher court a full view of their proceedings. If, therefore, the next higher court be well advised that any such neglect or irregularity has occurred on the part of the lower court, it is incumbent on it to take cognizance of the same, and to examine, deliberate, and judge in the whole matter as completely as if it had been recorded, and thus brought up by the review of the records.
  5. When any court having appellate jurisdiction shall be advised, either by the records of the court next below or by memorial, either with or without protest, or by any other satisfactory method, of any important delinquency or grossly unconstitutional proceedings of such court, the first step shall be to cite the court alleged to have offended to appear by representative or in writing, at a specified time and place, and to show what it has done or failed to do in the case in question. The court thus issuing the citation may reverse or redress the proceedings of the court below in other than judicial cases; or it may censure the delinquent court; or it may remit the whole matter to the delinquent court, with an injunction to take it up and dispose of it in a constitutional manner; or it may stay all further proceedings in the case; as circumstances may require.
  6. In process against a lower court, the trial shall be conducted according to the rules provided for process against individuals, so far as they may be applicable.


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