P.O. Box 17176
Sugar Land, TX 77496
Constitution of the Society of the Eucharist Fellowship
Approved and accepted by the Board of Directors on 12/15/2017
In the Name of the Father and of the Son and of the Holy Spirit. Amen.
The Society of the Eucharist Fellowship was established to help fulfill the Great Commission and Great Commandment of our Lord and Savior Jesus Christ, through the guidance and power of the Holy Spirit and in steadfast commitment to the “faith that was once for all entrusted to the saints.” As Christians we are raising up disciples who are committed to evangelical and Gospel truth, apostolic order and godliness. In obedience to Christ’s mission we are planting fellowships where the Word is truly preached and heard and the Sacraments faithfully administered and faithfully received. As members of the Christian body, “Our fellowship works, prays, and witnesses for reform and renewal of the Christian faith with no compromise of truth and no limitation of love. Our fellowship includes faithful Christians spanning many denominations, convocations, societies and structures with the mission to champion the Gospel.” As missionaries sent to advance God’s Kingdom, the Society seeks the transformation of individual lives and communities, and the formation of new churches in North America and beyond, through the power of Jesus Christ.
We, the Ministers, Deacons, Pastors, Priests, Elders, Senior Elders, and Laity of the Society of the Eucharist Fellowship make the following Solemn Declaration: We declare this Society to be a mission of the Christian people established to fulfill, through the guidance and power of the Holy Spirit, the Great Commission and Great Commandment of our Lord and Savior Jesus Christ. We hold the one Faith revealed by God and defined in the Creeds of the undivided primitive Church in the undisputed Ecumenical Councils; receive the same Canonical Scriptures of the Old and New Testaments as containing all things necessary to salvation; teach the same Word of God; partake of the same Divinely ordained Sacraments, through the ministry of the same Apostolic Orders; and worship one God and Father through the same Lord Jesus Christ, by the same Holy and Divine Spirit Who is given to them who believe, to guide them into all truth. We are determined by the help of God to hold and maintain the Doctrine, Sacraments, Worship, and Discipline of Christ as the Lord has commanded in His Holy Word, and as the Christian Fellowship planted by God in this nation.
We uphold the Evangelical Faith and Liturgical Order which is the inheritance of the Christian people. To that end, therefore, we do ordain and establish this Constitution of the Society of the Eucharist Fellowship.
Section 1. The authority of the Society is vested in and shall be exercised by the Senior Elder/Executive Director; and the Board of Directors
Section 2. The Senior Elder/Executive Director is the Ecclesiastical Authority of the Society, and as ordinary he shall have original jurisdiction in all ecclesiastical causes and in religious or benevolent organizations within the Society, except as shall be reserved by civil or canon law to other authority.
Section 3. Consistent with canonical and civil law the Senior Elder/ Executive Director shall have the ultimate responsibility and authority to arbitrate and adjudicate, within the limits of this Constitution and canonical provisions, all controversies within the Society including, but not limited to, disputes between members of the Clergy, between a Fellowship or Mission and its governing body (typically the Vestry) or Minister, or between a Vestry and its Minister.
Section 4. The Senior Elder/ Executive Director may on occasion authorize a representative or representatives to act in his stead, provided that such authorization is not in conflict with the Society's Constitution and Canons.
Section 5. In the event of the death of the Senior Elder/ Executive Director or his inability to exercise his authority, then in accordance with the Canons, that authority shall pass to the Assistant Executive Director, or to the Board of Directors, in that order.
The annual Synod of this Society shall assemble at a place, time, and date set by the Senior Elder/Executive Director and Board of Directors.
The Elder, or a majority of all members of the Board of Directors, may call a special Society Synod upon thirty (30) days notice thereof. When there is no Senior Elder/ Executive Director, the Board of Directors shall have power to call a special meeting of the Synod, giving thirty (30) days notice thereof. At this special meeting of the Synod, the only business to be transacted shall be specified in the call. The Senior Elder/ Executive Director; and all clergy canonically resident in the Society and not under Ecclesiastical discipline, and who have not in contemplation of removal from this Society, applied for their Letter Dimissory; and Lay Delegates chosen by and representing their Fellowships are members of this Synod.
ARTICLE 3 QUORUM
At a meeting of the Society Synod a quorum necessary to transact business shall consist of one-third (1/3) of the Clergy entitled to seats therein and Lay Delegates from one-third (1/3) of the Fellowships and Missions in union with the Synod; but a smaller number shall have the power to adjourn from day to day until a quorum is obtained.
PRESIDENT OF SYNOD
At every meeting of the Synod, the Senior Elder/Executive Director shall be presiding officer. In the Senior Elder/Executive Director’s
absence, or inability to act, the Assistant Executive Director, if there be one, shall be presiding officer. In the absence or inability to act of both the Senior Elder and Assistant Executive Director, an appointed clergy person of seniority within the Society shall be
RULES OF SYNOD
At the meeting of the Synod, the Clergy and Laity shall deliberate as one body. Each clergy person present and each Lay Delegate present shall be entitled to one (1) vote. Unless a vote by orders is determined, required or otherwise provided by the Constitution or Canons, a majority of the aggregate votes shall be decisive. Whenever a vote by orders is determined, required or otherwise provided, a concurrent majority in both orders shall be necessary. Upon demand of any seven (7) members of the Synod representing not less than three (3) fellowships or Missions of the Society, the vote shall be taken by orders. The Board of Directors will adopt rules of procedure to regulate and expedite the orderly disposition of its business, including elections.
THE Board of Directors
The Board of Directors shall consist of those clergy and laity elected by only Board of Directors in accordance with the Canons of this Society. Lay Persons eligible to serve shall be Confirmed Communicants in good standing in this Society at least forty (40) years of age and who shall possess such other qualifications as may be prescribed by Canon. When there is a Senior Elder/Executive Director in charge of the Society, the Board of Directors shall be his Council of Advice. If there be no Senior Elder canonically authorized to act, the Board of Directors shall be the Ecclesiastical Authority of the Society. Vacancies occurring prior to the expiration of the term of any member of the Board of Directors shall be filled by the Senior Elder with the advice of the remaining members of the Board of Directors. The Board of Directors is the primary authority over the Foundation, Fellowship, and Council of Elders, and Seminary. The Board of Directors serve for life, unless resigned or voted out of board by other Members of the Board of Directors.
Council of Elders
Election of the Council of Elders and Calling of the Chairman of the Council of Elders
The Council of Elders are entrusted to manage the operations of ministry: Worship, Fellowship Development, Seminary Education, Training & Ordination of clergy, Finance, Judicial Issues, and Evangelism.
The election of a Chairman Elder for the Council of Elders shall take place at a duly called Synod for that purpose. A concurrent majority of all clergy shall be necessary to a choice if two-thirds (2/3) of all the Clergy entitled to vote and Lay Delegates from two-thirds (2/3) of the Fellowships and Missions entitled to representation are present and voting; otherwise, two-thirds (2/3) of the votes in each order present shall be necessary to a choice. In any event, the election may not occur unless a quorum be and remain present. The Senior Elder may call an Assistant Elder in accordance with the Constitution and Canons to preside over the election.
The Chairman of Elders shall serve for five (5) year terms with no term limits. The Chairman of Elders, with the support of the Clergy, shall appoint other Clergy to manage obligations of ministry.
AMENDMENTS TO THE CONSTITUTION
Section 1. Any proposed alteration, amendment or repeal of this Constitution shall first be submitted in writing to the Senior Elder, and shall be reported by him to the Synod.
Section 2. If approved by the Board of Directors at its first reading, the proposed amendment shall be published in the minutes and held until the next Synod. Upon final consideration by the next Synod it shall be adopted if approved by a majority of both Orders, voting separately.
Section 3. Amendments to the Constitution shall take effect with the adjournment of the Synod by which they are finally adopted.
CANONS of the Society of the Eucharist Fellowship
Title I Organization and Administration of the Society's
Section 1 - Concerning Membership
The Society of the Eucharist Fellowship (hereinafter the Society) is comprised of the fellowships, missions, religious orders, communities, societies, clergy and laity gathered for mission under the oversight of its Senior Elder, and are members of the Christian people.
Vow taken for life in the Society of the Eucharist Fellowship
Obedience to ordained life in Christ and living the Gospel.
Of Religious Orders and Other Christian Communities
Section 1 - Concerning Religious Orders
A Religious Order of the Society is defined as a society of Christians who voluntarily commit themselves for life, or a term of years: to holding their possessions in common or in trust; and obedience to their Rule and Constitution. To be officially recognized, a Religious Order must have at least six (6) professed members, and must be approved by the Senior Elder of the Society with the advice and consent of the Board of Directors. Each Order shall have a Superior General, who shall not of necessity be the Senior Elder of the Society.
The Superior General shall be the guardian of the Constitution of the Order, and shall serve as an arbiter in matters which the Order or its members cannot resolve through its normal processes.
Any persons under vows in a Religious Order, having exhausted the normal processes of the Order, may petition the Superior General for dispensation from those vows. In the event the petitioner is not satisfied with the ruling of the Superior General on such petition, he may file a petition with the Senior Elder of the Society, who shall have the highest dispensing power for Religious Orders,
and his ruling on the petition shall be final.
A Religious Order may establish a house only with the permission of the Senior Elder of the Society. This permission once granted shall not be withdrawn by him or any succeeding Senior Elder.
The Constitution of every Religious Order shall make provision for the legal ownership and administration of the temporal possessions of the Order, and in the event of the dissolution of the Order, or should it otherwise cease to exist, to provide for the disposition of its assets according to the laws governing non-profit religious organizations in the State wherein the Order is incorporated.
Of Society Governance
Section 1 - Concerning the Senior Elder
The Senior Elder of the Society shall be chosen and elected in conformity with the Constitution and Canons of the Society, by the concurrence of a majority of the members in the Board of Directors. He shall be the chief pastor of all the members of the Society and the President of the Synod. He shall make regular visitations to each fellowship, shall have the right to summon and attend meetings of fellowships and missions within his jurisdiction and shall be ex officio a member of all fellowship vestry committees and agencies.
Section 2 - Concerning the Synod
The Society shall be consulted by a Synod meeting annually at a date and place established by Synod at its previous meeting, or for special reasons at other times at the call of the Senior Elder and the Board of Directors, or, during the vacancy of the see, by the
Board of Directors. Synod shall be comprised of the clergy in good standing and by a minimum of two lay delegates selected by each Fellowship and mission listed on the most recent Annual Report. Additional delegates per Fellowship will be entitled based on the
number of confirmed adult communicants in good standing reported on the Annual Parochial Report for the year ending December 31 next preceding the Synod according to the following table:
101 through 200 - 1 additional delegate
201 through 300 - 2 additional delegates
301 through 400 - 3 additional delegates
401 through 500 - 4 additional delegates
501 through 600 - 5 additional delegates
601 through 700 - 6 additional delegates
701 through 800 - 7 additional delegates
801 through 900 - 8 additional delegates
901 through 1000 - 9 additional delegates
1001 and over - 10 additional delegates
The selection of the Lay Delegates shall be certified in writing by the Secretary or Clerk of the Vestry of the Fellowship or Mission; but, in the absence of the Secretary or Clerk, such certificates of selection may be signed by one of the Wardens, or by the clergy of such Fellowship or Mission. The "Certificate of Election of Lay Delegates" shall show upon its face that their selection as Delegates has been made pursuant to this Canon. Each Fellowship and Mission shall select Alternate Lay Delegates equal in number to the number of Lay Delegates to which entitled. In the absence of a Lay Delegate, an Alternate Lay Delegate from the same Fellowship or Mission shall have all rights and privileges of a Lay Delegate. The selection of Alternate Lay Delegates shall be certified in the same manner as provided for Lay Delegates. The manner of selecting Lay Delegates and Alternates is determined by Fellowship or mission bylaws. The clergy of Fellowships and Missions shall have authority to fill such vacancies as may occur in the list of Alternate Lay Delegates between the time of such selection and any meetings of The Synod.
Immediately before the meeting of each Synod, the Senior Elder, or in case of his death or inability to act, the Board of Directors, shall prepare a list of the Clergy canonically resident in the Society, excluding those who have been suspended from the Ministry. The list shall be filed with the Secretary of the Synod on the first day of its meeting, and shall be prefixed to the Journal.
All clergy certified are voting members of this Synod. Minutes of the Synod shall be published and distributed to all clergy,
Fellowships and missions of the Society within sixty days of the adjournment of the Synod.
Section 3 - Concerning the Board of Directors
Between Synods, the administrative authority of the Society shall reside in the Senior Elder and the Board of Directors. The membership of the Board of Directors shall consist of the Senior Elder and three clergymen. The Board of Directors shall meet at the call of the Senior Elder. The President of the Board of Directors shall be elected by that body from among its members who are ministers. The Secretary of the Board of Directors shall be elected by that body from among its members. The members of the Board of Directors shall have voice and vote in Synod. The elected members of the Board of Directors shall serve for life until resigned or voted out be other members. The Board of Directors has ultimate authority over the Foundation, Fellowship, and Council of Elders.
Section 4 - Concerning Finance and Budget
The Board of Directors, with the assistance of the Finance Committee, shall develop the program and budget of the Society based on commitments of the Fellowships, Missions and other monies raised. The program and budget shall be presented annually to the Society for adoption. The Finance Committee shall consult with any Fellowship or Mission that is not able to meet the requested support of the Society. The standard of financial support in this Society is the biblical tithe.
Of Fellowships and Missions
Section 1 - Concerning Fellowship Mission
The fundamental agency of the mission of the Society is to extend the Kingdom of God through the local Fellowship. The chief agents of this mission are the people of God.
Section 2 - Concerning Organization
Every Fellowship shall be established in accordance with the laws of the State or jurisdiction where situated, shall handle its own finances, and shall carry appropriate insurance coverage for general liability, officers and directors liability, financial personnel bonding, and fire and other insurance for damage to improved real property.
Section 3 - Concerning Fellowship Clergy
No Fellowship Clergy may serve without being licensed by the Senior Elder and Council of Elders.
Section 4 - Concerning Governing Boards
There shall be a governing board of each Fellowship, often known as the vestry, which is chosen and serves according to applicable laws, Society canon, and the Fellowship by-laws. The Minister in charge of the Fellowship shall always be a member of the governing board and its presiding officer except as provided by Society canon. The governing board is responsible for the temporalities of the Fellowship and, except where otherwise provided by canon, supports the clergy in the spiritual leadership of the Fellowship.
Section 5 - Concerning Property Ownership
All Fellowship property, real and personal, owned by the Society is and shall be solely and exclusively owned by the Fellowship and shall not be subject to any trust in favor of the Society or Province or other claim of ownership arising out of the canon; neither may this Society assert any such claim over the property of any of its Fellowships without the express written consent of the Fellowship. Where property is held in a different manner by this Society or grouping, such ownership shall be preserved.
Section 6 - Concerning Church Planting
A Fellowship, with the consent of the Senior Elder, should plant new churches whenever possible. In such case the Fellowship shall provide spiritual cover and temporal assistance to the newly planted Church until it is self-sustaining. A newly planted Church is self-sustaining when it is able to call and provide for its own Clergy and is acceptable to the Senior Elder.
Section 7 - Concerning Annual Reports
On or before March 1 of each year the governing board of the Fellowship shall prepare and forward to the Senior Elder a report, in a form specified from time to time by the Board of Directors, reflecting the status and growth of the Fellowship in terms of average Sunday attendance, tithes and offerings, baptisms, confirmations and receptions, marriages, burials, and other important categories of information concerning the preceding calendar year, including new initiatives for mission and ministry.
Section 8 - Concerning Finances
The biblical tithe is the minimum standard of giving to support the Mission of the Fellowship, and should be taught and encouraged at every level in the Society. Financial responsibility and accountability are the obligations at every level. The Society, Fellowships and Missions shall provide standards for record keeping, audits, insurance, investments and the bonding of financial officers.
Of the Laity
Section 1 - Concerning Membership
Membership requires that a person has received the Sacrament of Baptism with water in the Name of the Father, and of the Son, and of the Holy Spirit, and that such a person be received by a Fellowship in compliance with the Constitution and Canons. Such a person is a baptized member of the Christian Church and so recorded in the Fellowship Register. A confirmed member is a baptized member who has been confirmed or received by a minister and so recorded in the Fellowship Register.
Section 2 - Concerning Ministry
The people of God are the chief agents of the Mission of the Church to extend the Kingdom of God by so presenting Jesus Christ in the power of the Holy Spirit that people everywhere will come to put their trust in God through Him, know Him as Savior and
serve Him as Lord in the fellowship of the broader Christian Church. The effective ministry of the Society is the responsibility of the laity no less than it is the responsibility of Clergy. It is incumbent for every lay member of the Fellowship to become an effective
minister of the gospel of Jesus Christ, one who is spiritually qualified, gifted, called, and mature in the faith. The Society may establish standards for the ministry of the laity.
Section 3 - Concerning Duties of the Laity
It shall be the duty of every member of the Society:
To worship God, the Father, and the Son and the Holy Spirit, every Lord’s Day in a Church unless reasonably prevented;
To engage regularly in the reading and study of Holy Scripture and the Doctrine of Christ's Divinity;
To observe their baptismal vows, to lead an upright and sober life, and not give scandal to the Society;
To present their children and those they have led to the Lord for baptism and confirmation;
To give regular financial support to the Society, with the biblical tithe as the minimum standard of giving;
To practice forgiveness daily according to our Lord’s teaching;
To receive worthily the Sacrament of Holy Communion as often as reasonable;
To continue his or her instruction in the Faith so as to remain an effective minister for the Lord Jesus Christ;
To devote themselves to the ministry of Christ among those who do not know Him, utilizing the gifts that the Holy Spirit gives them, for the effective extension of Christ’s Kingdom.
Of Holy Orders in the Society of Eucharist Fellowship
The Society affirms what traditional Christianity has always held, namely the normality of the threefold pastoral ministry of Senior Elder, Pastor and Deacon. Both males and females may be admitted to the office of Senior Elder, Pastor or Deacon in this Society, and allowed to exercise any of these offices, who have been called, examined, and ordained according to the Society, or ordained in some church whose Orders are recognized and accepted.
All clergy under the authority of the Senior Elder who exercise ministry in the Society shall be subject to the disciplinary provisions.
The Rights of the Respondent
Any member of the clergy against whom disciplinary measures are initiated shall be pre-sumed innocent until he has been determined guilty according to the provisions and pro-cedures described herein. All disciplinary procedures shall be undertaken speedily in a manner consistent with principles of fairness, due process, and natural justice.
The Canonical Investigator
The Board of Directors of the Society shall appoint a canonical investigator to ascertain the merit of any accusations made against clergy of the Society and to make a recommendation to the Board of Directors as to whether further juridical process should be pursued.
The Ecclesiastical Trial Court of the Society's
Section 1 - Ecclesiastical Trial Court Established, Composition, Number of Members, Mode of Election and Term of Office
There shall be an Ecclesiastical Trial Court (“Court”) of the Society consisting of five members elected by the Synod of the Society's upon the nomination of the Council of Elders for a term of three years. Two members shall be chosen from the laity and three from the clergy. No elected member may serve more than two consecutive terms. Staggered terms may be provided.
Section 2 - Court Advisor
The Senior Elder may appoint an attorney at law to advise the Court as to its procedures.
Section 3 - Court Officers and Recorder of Proceedings
The Court shall elect its President and Secretary from its members, and shall appoint a recorder of proceedings, which recorder may be a court reporting agency not affiliated with the Society.
Section 4 - Quorum and Composition of Court
A panel of no fewer than five members of the Court shall be necessary for the conduct of a trial or for a judgment. Any panel of the Court shall comprise an odd number of members with one more clergy than laity.
Section 5 - Judgment of the Court
An affirmative vote of sixty percent of the members of a panel of the Court shall be required for any judgment.
The Trial Attorney
The Senior Elder shall appoint a Trial Attorney who shall have the responsibility of preparing all presentments and presenting the evidence to the Court.
Attorney for the Respondent
The Respondent shall have the right to an attorney. The Board of Directors may, in its discretion, authorize the payment in whole or in part of the legal fees incurred by a Respondent.
Court Rules and Procedures
The rules governing proceedings in the Court are set forth in Appendix A to these Society Canons.
Clergy Under Ecclesiastical Authority in Another Jurisdiction
Regardless of whether any member of the clergy under the authority of the Senior Elder is also under the authority of another Senior Elder, whenever it is believed that such a member of the clergy may have committed a canonical offense in this Society, the same shall be reported by the Senior Elder to the other Senior Elder who also has ecclesiastical authority over such member of the clergy. Such member of the clergy shall be subject to disciplinary proceedings in this Society in accordance with Title III of the Society
Upon any conviction, the Senior Elder shall pronounce sentence as outlined in Title III, Canon 8 of the Canons, which shall include the implied authority of the Senior Elder to prohibit the convicted member of the clergy from serving in the Society.
Enactment, Amendment, and Repeal of Canons
Of Enactment, Amendment, and Repeal
Section 1 - Concerning New Canons
No new canon shall be enacted or existing canon amended or repealed, except by majority vote of the Board of Directors and ratification of such action by majority vote of the Synod.
ECCLESIASTICAL TRIAL COURT RULES OF PROCEDURE
Rule 1: Application and Scope of Rules
These Rules govern procedure in the Ecclesiastical Trial Court (the “Court”) in all presentment actions. They shall be construed and administered to secure the just, speedy, and inexpensive determination of every such action.
Rule 2: Institution of Presentment Action
(a) Form. A presentment proceeding authorized by the Court shall be instituted by the service of a Summons, together with a copy of the Articles of Presentment. The Summons and Articles of Presentment shall be signed by the President of the Court, identify the Court and all the parties to the proceeding, be directed to the Respondent and state the name and address of the Trial Attorney representing the Society. It shall state the time within which the Respondent must file with the Court an Answer to the Articles of Presentment, and notify the Respondent that failure to do so may result in a Judgment that an Offense was committed by the Respondent and place the Respondent at risk for a Sentence to be pronounced at a later date. The Court may allow the Summons to be amended.
(b) Service. The service of the Summons and Articles of Presentment shall be made either by hand or certified mail with return receipt. The Respondent may waive personal service in writing.
(c) Proof of Service. The person effecting service of the Summons and Articles of Presentment shall make proof of service by affidavit or sworn statement to the Court. If service is waived, the written waiver of service shall be filed with the Court.
Rule 3: Service and Filing of Pleadings and Other Papers
Except as otherwise expressly provided in these Rules, every pleading, paper, motion and notice subsequent to the Summons and Articles of Presentment required to be served on a party shall be served upon either the party or the attorney that enters an appearance for the party, unless otherwise ordered by the Court. Service shall be made by hand delivering a copy to the party or the party’s attorney or by mailing it to the party’s or the attorney's last known address. Service by mail is complete upon mailing. The filing of papers with the Court shall be made by filing them with the President of the Court unless otherwise directed by the Court. The parties may by agreement approved by the Court also provide for service by other means such as electronic mail and/or facsimile transmission.
Rule 4: General Rules of Pleading
(a) Articles of Presentment. The Articles of Presentment shall contain a short and plain statement of each Offense with express reference to applicable provisions of Canon 2 of Title III of the Canons of the Province, and a plain and concise statement of
the facts upon which each such allegation is made.
(b) Answer. The Answer shall state in short and plain terms the Respondent's response to each allegation of the Articles of Presentment, including any defense thereto, and shall admit or deny the factual allegations of the Articles of Presentment. If the Respondent is without knowledge or information sufficient to form a belief as to the truth of any factual allegation, the Respondent shall so state and this has the effect of a denial. Denials may also be made in part or with qualification.
(c) Style. Pleadings are to be plain and concise. No technical forms of pleadings or motions are required.
(d) Construction. All pleadings shall be so construed as to do substantial justice.
(e) Form of Pleadings. Every pleading shall identify the name of the Court, name of the Respondent, and file number, if any. All allegations in the Articles of Presentment and the Answer thereto shall be made in separately numbered paragraphs. Exhibits may
be attached and identified by reference within the pleading.
(f) Signature. All pleadings shall be signed by the attorney for the party on whose behalf it has been prepared, or the party if not represented by an attorney. Each paper shall state the signer's address and telephone number.
Rule 5: Defenses and Objections
(a) When Presented. Unless a different time period is prescribed, a Respondent shall serve an Answer to the Articles of Presentment upon the Trial Attorney and file it with the Court within 30 days after being served with a Summons and Articles of Presentment.
(b) How Presented. The following defenses may be asserted either in the Answer or by motion: (1) insufficiency of service or process; (2) lack of jurisdiction; (3) failure to state the factual basis of an Offense; and (4) expiration of the applicable period of
limitations as stated in Canon 3 of Title III of the Canons. The Respondent may also move for a more definite statement before filing an Answer if the Articles of Presentment are so vague or ambiguous that Respondent cannot reasonably be required to frame a responsive pleading.
Rule 6: Amended and Supplemental Pleadings
The Court may, in the interest of justice, permit the filing of amended and supplemental pleadings.
Rule 7: Voluntary Disclosures, Discovery
(a) Voluntary Disclosures. The parties shall provide to each other and the Court not later than sixty days prior to trial a list of all the witnesses expected to testify at trial, including the name and address of each witness; and copies of all documents and exhibits intended for use at trial.
(b) The parties may conduct discovery through written or oral depositions or written interrogatories. The Court may limit the number, length and scope of depositions or interrogatories. The Respondent shall not be required to make any statement or
admission against himself in any discovery procedure.
Rule 8: Taking of Testimony
In all Court proceedings, the testimony of witnesses shall be taken orally in open Court by the Recorder of proceedings, unless otherwise provided by the Court. Such testimony shall be given under oath or solemn affirmation.
Rule 9: Summary Judgment of Offense
(a) How Made. If the Respondent fails or refuses to Answer the Articles of Presentment or otherwise respond by motion, except for reasonable cause to be allowed by the Court, the Trial Attorney may, no sooner than thirty days after the Answer is due, move with or without supporting affidavits for Summary Judgment. A Respondent may also move, with or without supporting affidavits, for Summary Judgment on part or all of the allegations of the Articles of Presentment.
(b) Opposing Affidavits. Prior to the day of any hearing set by the Court on a Motion for Summary Judgment, the Respondent may submit affidavits in support of his response to the Motion.
(c) Proceedings Thereon. The court shall convene a hearing to consider any Motion for Summary Judgment and may, in the Court's discretion, receive oral testimony at any such hearing. If the Articles of Presentment, together with affidavits, if any, and
any oral testimony or other admissible evidence presented to the Court show that there is no genuine issue as to any fact material to a determination that the Respondent committed an Offense, the Court shall render Summary Judgment as sought by the Motion for Summary Judgment.
(d) Form of Affidavits. Supporting and opposing affidavits, and any oral testimony, shall be made on the basis of personal knowledge, shall state such facts as would be admissible in evidence, and shall show affirmatively that the witness is competent to testify as to the matters stated. Copies of papers referred to in an affidavit shall be attached to and served with the affidavit.
(e) Defense Required. When a motion is made and supported as provided in this rule, the opposing party may not rest upon mere allegations or denials of the adverse party's pleading but must, by affidavits or otherwise provided in this rule, set forth
specific facts to show that there is a genuine issue for trial.
Rule 10: Trials
Each Respondent is entitled to a speedy and just trial of the allegations set forth in the Articles of Presentment. Each Respondent is entitled to confront the evidence against him. The facts alleged in the Articles of Presentment must be proved by clear and convincing evidence and the Society's bears the burden of going forward and of proof as to each and every allegation in the Articles of Presentment. Trials shall be governed by the Federal Rules of Evidence and, where applicable under those rules, the rules of evidence of the state in which the Society's has its principal office.
Rule 11: Judgment
The Court shall render its Judgment no later than sixty days after the date of the conclusion of the hearing upon a Motion for Summary Judgment or trial.