7. Church Discipline Hearing Evidence

7. Evidence

5027. Rules of Evidence. An investigation, judicatory or other official body shall not be bound by any technical rules of evidence but shall adopt such rules as shall, in its opinion, be best adapted to ascertain the truth and determine accurately the substantial rights of the parties involved. The chair of the judicatory shall decide on the admissibility of evidence.

5028. Testimony. No one may be barred as a witness on the grounds of not being a member of The Wesleyan Church (but their time in the room where the hearing is held shall be limited to their time on the stand unless waived by the chair of the judicatory (cf. 5046). Whenever circumstances make it impossible for a witness to appear, a proper certificate of affidavit from such a person may be presented, provided that the party against whom it is sought to be introduced has had a proper opportunity to see the certificate or affidavit and personally or through counsel to question before witnesses the person signing the affidavit regarding the contents thereof.

5030. Proof of Charges. The accused shall be presumed innocent until the contrary is proved. However, the moral conviction of the truth of the charge is all that is necessary to find the accused guilty of the charges. In all matters the accused may be questioned relative to the charges made.