# LCMS Convention Proceedings_St. Louis Missouri_1944_S731
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

CONSTITUTIONAL MATTERS 147

; subject to the approval of the chairman: of the Board, select
e other counselor, provided he is a member of Synod.

d: Within a time limit fixed by the Board the appellee shall
epare a brief answer to the petition of the appellant as his
adings. If the appellee considers the presentation of facts in
petition correct, either in whole or in part, he shall admit it; he
| list’ any disagreement with the presentation of facts in the
tition. He shall also list objections to the reasons for a review,.
‘given in the petition. The appellee shall send a copy to the
pellant and sufficient copies for all members of the Board to the

-e, When forwarding their pleadings, both parties shall submit
any documents, or certified copies thereof, which they wish to
Mintroduce as evidence. A congregation may send certified copies
the parts of the congregational minutes pertaining to the case
instead of the book of minutes; but this book shall be produced
at the hearing. The parties shall later also submit any documents
which in the view of the Board are essential or helpful in arriving
at a proper decision.

f. Names of probable witnesses shall’ be sent to. the Board
and the other party’ a reasonable time before the hearing. The
Board shall not countenance the practice of “surprise witnesses.”
If it has not been possible to advise the Board beforehand that
a-.witness will testify, he may be heard with the Board’s consent,
but the Board shall grant the other party an opportunity to present
” witnesses in rebuttal, even if this necessitates an additional meeting. '
g. The chairman of the Board shall arrange for a hearing.
" Notice to the parties shall be sent within a reasonable time.

h, At the hearing the Board shall aim to bring all facts and
‘ arguments pro and con to the light of day and shall not permit
‘man-made rules of evidence to prevent the accomplishment of
» this goal and may also require such further evidence as it may
deem necessary. The members of the Board may at any time enter
the discussion.

i. The hearing need not be open to any person wishing to
attend. In most cases a stenographic report of the meeting is not
“necessary. The Board may, however, at the request of the secretary
of the Board, employ a stenographer to assist him.

fe ‘j. On the basis of the pleadings, the Board shall determine
; which facts are not in dispute. The Board shall state these facts
-.at the beginning of the hearing and shall attempt to secure stipula-
:+ tioris (agreements in writing) from all parties concerning material .
facts at any time during the hearing.