APPENDIX B STEPS LEADING TO A TRIAL, TRIAL PROCEDURES AND THE APPEAL PROCESS

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1 APPENDIX B STEPS LEADING TO A TRIAL, TRIAL PROCEDURES AND THE APPEAL PROCESS THIS DOCUMENT IS INTENDED FOR THE MEMBERSHIP S USE AS A TOOL TO UNDERSTANDING OUR FRATERNAL ORDER OF EAGLE S PROVISION OF INTERNAL JUSTICE FOR OFFENSES COMMITTED AGAINST THE LAWS OF OUR ORDER IN COMPLIANCE WITH THE LATEST EDITION OF OUR STATUTES TABLE OF CONTENTS: SECTION (A) APPOINTMENT OF TRIAL COMMITTEE 62.1 SECTION (B) JUSTIFICATION FOR A TRIAL 63.2 SECTION (C) FILING OF CHARGES 63.1 SECTION (D) PREPARATIONS FOR TRIAL SECTION (E) PART & PART SUGGESTED TRIAL PROCEDURE SECTION (F) TRIAL COMMITTEE S EXECUTIVE SESSION 63.6 & 63.7 SECTION (G) APPEALS 64.1 through 64.3 The references made to the Constitution and Statutes and existing Opinions and Appeals in these Sections are provided to give the reader a reference source, as statements in this document are not always DIRECT quotes. The recommended forms mentioned in this document can be found in the back of the Articles of Incorporation Constitution and Statutes book or online at SECTION (A) APPOINTMENT OF TRIAL COMMITTEE Section 62.1 Each Worthy President at the very beginning of his term must appoint a "Trial Committee": Consisting of five (5) members and two (2) alternates, from among the Past Worthy Presidents and/or Ten-Year Secretaries (retired) of his Aerie. The two (2) alternate Trial Committee members fill any vacancies that occur on the Trial Committee during the Worthy President s term. If a total of seven (7) Past Worthy Presidents and/or Ten-Year Secretaries (retired) ARE NOT available, then the Worthy President may appoint members to the Trial Committee from among the local Aerie membership who are in good standing. Dual members (Past Worthy Presidents and others) in good standing of the Aerie may also be appointed. The Worthy President shall appoint one (1) member of which is designated as Chairman. No two (2) members of the same immediate family shall serve on the Trial Committee at the same time. Members who are disqualified from the Trial Committee are listed under Section It is suggested that a listing of the Trial Committee members be posted on the Aerie bulletin board or next to the Aerie By-Laws.

2 The Worthy President, who does appoint the Local Trial Committee, is not authorized to change the membership thereof except to appoint new members to such Trial Committee when a vacancy properly occurs thereon. (Opinion No. 276) To subpoena a member of the Trial Committee as a witness is not sufficient of itself to excuse or remove a member of the Trial Committee unless bias or prejudice is obvious. (Appeal No. 366) To accuse a Trial Committee member of bias or prejudice, it must be spoken into the trial record or the Grand Tribunal will not consider the matter on appeal. The date the Complaint was filed determines which Trial Committee handles the trial. An existing Trial Committee shall retain jurisdiction over any and all Complaints filed during the term for which it has been appointed. (Opinion No. 837) There are a number of reasons that a vacancy in the Trial Committee may occur under Section 62.3(a-e): 1. A Trial Committee member may resign from the Trial Committee by presenting a written resignation to the Worthy President. This is a complete resignation from the Trial Committee for the balance of the term. 2. A Trial Committee member may be excused from service on any particular case for good cause only, by presenting a written request to be excused to the Worthy President. This temporary abstention is for a specific trial or time period. 3. A Trial Committee member may be disqualified. 4. Other objections to the makeup of the Trial Committee are determined by the Trial Committee at the time of the trial by motions or objections from either party supported by evidence indicating the alleged prejudice or bias. The Worthy President fills any vacancy first from his designated alternates. After appointing the two designated alternates to the Trial Committee, he may appoint new members to the Trial Committee, if required, from other Past Worthy Presidents or Ten-year Secretaries (retired) of the Aerie, if available, otherwise, from any other member in good standing of the Aerie. The Trial Committee hears all Complaints filed during their term following Section 63. After the trial and evaluating all the evidence the Trial Committee makes their finding as to the guilt or innocence of the accused. This Committee also decides the penalty (if guilty) given to the accused. (Section 63.7) SECTION (B) JUSTIFICATION FOR A TRIAL Section 63.2(a-f) Offenses against the Laws of the Order used to file a Complaint are: a) Violation of the Rituals of the Order which we all swore to uphold when we were initiated. b) Violation of the Laws described in the Constitution and Statutes and/or Local Aerie By-Laws. c) Breaking the Local Aerie House Rules by conduct that is unbecoming that of a member and likely to bring disgrace upon the Eagles. d) If a member is convicted by any court of our land of a felony conviction, which conviction is likely to bring disgrace on the Eagles.

3 e) If a member is connected to the Communist Party or any organization that wants to overthrow the government in the country where the Aerie is located. f) Fraud, which is the unlawful intentional taking of property, money or funds for personal use or gain or some deceitful or willful purpose, resorted to with intent to deprive another of their right, or in some manner would cause harm. This pertains to any officer, committeeman or member of any entity of the Fraternal Order of Eagles. SECTION (C) FILING OF CHARGES Section 63.1(a) and (b) Any member in good standing may file charges against another member, even if the accused resigned from the Eagles, as long as the offense occurred while the accused was still a member and within ninety (90) days of the offense, except fraud, which has no time limitation. A member serving a Board of Trustees suspension or a Trial Committee suspension from the social rooms and activities is considered a member in good standing and may file a Complaint. A member serving a Trial Committee suspension from the Aerie may not file a Complaint until the suspension period has been served. The time limitation for filing charges on items (a) through (e) is within ninety (90) days of the actual occurrence of the offense. There is no time limitation on item (f) fraud for the filing of charges. There is a twenty-five dollar ($25.00) filing fee to file a Complaint which is to be paid by the accuser to the local Aerie or the Complaint will not be processed. All fees are to be deposited in the Aerie s General Fund. If a Board of Trustees is the accuser, the fee is waived. A refund of the filing fee is given to the accuser if the mediation process is successful and a Settlement Statement is signed by all parties and the Mediator. ALL of the following tasks must be accomplished by the accuser (within the ninety (90) day deadline) to have a properly filed Complaint: 1. A copy of the Complaint must be filed directly with the Aerie Worthy President. 2. A copy of the Complaint must be filed directly with the Aerie Trial Committee Chairman. 3. The offense(s) charged must have happened within ninety (90) days prior to the filing of the Complaint; unless the charge is for fraud which has no limitation. 4. The $25 filing fee must be paid directly to the Aerie Secretary. The responsibility of delivering a copy of the Complaint directly to the Aerie President, directly to the Chairman of the Trial Committee, and directly delivering the filing fee to the Aerie Secretary are those of the person filing the Complaint. The complainant (Accuser) may choose a representative to make the deliveries designated above. The Complaint must be signed and verified under the obligations of the Order by the accuser and must include the date and place and a reasonable description of the alleged offense. The facts and circumstances must be written in concise terms and with reasonable certainty. A member s resignation from the Order does not prevent the filing of charges against the member when the violation took place while the accused was a member and within ninety (90) days of the violation, except for fraud, which has no time limitation.

4 A charge of fraud causes an officer or employed accused member to be suspended from the office or employment until final determination of the case, unless stayed by order of the Grand Tribunal. Refer to Section If the charges are against the Worthy President, then the Complaint is delivered directly to the Worthy Vice-President, and directly to the Trial Committee Chairman. If the charges are against both the Worthy President and the Worthy Vice-President, then the Complaint is delivered directly to and filed with the next person who is eligible to preside over the Aerie (Jr. Past Worthy President or Presiding Officer and the Trial Committee Chairman.)(Section 72.3) The accuser DOES NOT HAVE TO be present at the time the incident occurred to qualify as an accuser. However, the burden of proof is on the accuser. The accuser may withdraw a Complaint by submitting a written withdrawal to the Trial Committee Chairman any time prior to the decision being formally announced by the Trial Committee. Auxiliary Member vs. Auxiliary Member In the event a Ladies Auxiliary Member(s) files a formal Complaint against another Ladies Auxiliary Member(s), the Complaint and filing fee should be delivered to and filed with the Aerie Worthy President and the Aerie Trial Committee Chairman for processing under the provisions of Sections 63.1(a) through of the Statutes. The Ladies Conciliation Committee would take no action in this matter, as mediation is part of the trial process. All other informal complaints and disputes involving members of the Auxiliary should be handled in accordance to Section 20.5 of the Ladies Rules and Regulations, in hopes that the Conciliation Committee can achieve resolution between the members of the Auxiliary. If resolution is not reached by the actions of the Conciliation Committee, then a formal Complaint may be delivered as stated above. SECTION (D) PREPARATIONS FOR TRIAL PART When the Trial Committee Chairman receives a Complaint and proof of payment of the filing fee, he immediately contacts the members of the Trial Committee to set a time, date and place for the trial, NOT to discuss the merits of the case. The Trial Committee Chairman has fifteen (15) calendar days to serve the ACCUSER and the ACCUSED with a Notice of Trial stating the time, date and place the trial is to be held, TOGETHER WITH a copy of the Complaint. The Notice of Trial and copy of the Complaint can be hand delivered or sent registered or certified mail, return receipt requested. If the Complaint and Notice of Trial are hand delivered, a copy of the document should be signed and dated by the party acknowledging his/her receipt of the documents. The trial date must be set by the Trial Committee within a time frame of not LESS than seven (7) calendar days and not MORE than thirty (30) calendar days from when the Notice of Trial is received by the parties. The actual mailing or hand delivering of these Notices is the duty of the Trial Committee Chairman.

5 Where the Laws of the Order require a trial to be heard at least seven (7) days after service of notice of the hearing on the offending member, such period of time may be computed by excluding the first and including the last day. (Appeal No. 65) Refusal to accept the certified mail by the Accused when he knew or should have known of its contents does not invalidate the trial or results if the certified mail was initiated within the proper time. (Appeal No. 227) A member accused of an offense against the Laws of the Order who receives notice of the trial, even though the Complaint and the notice are defective, must appear and make a record of his (her) objections or his (her) objections are waived and will not be considered on appeal. (Appeal No. 845) The Trial Committee Chairman should note the date indicated on the Certified Mail receipt in the trial record. The trial proceeds. Immediately after the Worthy President receives the Complaint, he appoints a mediator who must be a member of the Eagles, but not necessarily a member of the Aerie/Auxiliary in which the trial is being held. Mediation is a mandatory part of the trial process. The mediator should try his/her best to assist the parties to settle the problem between them and avoid a trial. The parties shall participate in the mediation process in good faith. Both the accuser(s) and the accused should make every effort to participate in the mediation process in the hope of settling the issues without a trial. Refusal of either the Accuser or the Accused to meet for mediation, or refusal to sign the mediation settlement statement completes the mediation, and the matter goes forth to trial. The mediator must complete a Mediation Settlement Statement so there is a record of the mediation and its outcome. The completed Settlement Statement is immediately given to the Trial Committee Chairman to inform him that the trial will go forward or settlement was reached and the trial is canceled. SECTION (D) PREPARATIONS FOR TRIAL PART The Worthy President appoints a prosecutor, who must be a member of the Eagles, but not necessarily a member of the Aerie in which the trial is being held. The Prosecutor performs the function of prosecuting the Accused on behalf of the Aerie/Auxiliary for the offense against the Laws of the Order. That being said, the accuser, upon the filing of a Complaint charging a fellow member with an offense against the Order, then and there becomes a party to the proceeding. The Accuser, as such party, is entitled to participate in all stages of the trial proceedings. The Accuser has the right to examine and cross-examine all witnesses and the accuser has the right to appeal as a party to the proceedings from any adverse decision or any part thereof. Participation in the trial by the Accuser, however, does not relieve the Prosecutor appointed by the Worthy President from the Prosecutor s duty of going forward with the prosecution of the case. The Accuser may elect to leave the prosecution entirely in the hands of the Aerie Prosecutor. (Opinion No. 832)

6 The accuser and the accused have a right to be present at all the trial proceedings. The accused can choose an Eagle member to be defense counsel or be represented by an attorney-at-law who need not be an Eagle member. Expenses incurred for an attorney are the responsibility of the accused. Trial proceedings before a Local Trial Committee should not be conducted in secret and behind closed doors, but should be open to all members in good standing until the case has been finally submitted to it, when it may retire into executive session to decide by secret ballot the guilt or innocence of the Accused. (Opinion No. 98) [Auxiliary members may attend trials.] The burden of proof is upon the accuser from the filing of the Complaint until the Trial Committee retires for their decision. (Appeal No. 1720) The Aerie Secretary should be prepared to make a record of the trial (audio, video, court reporter, stenographer, etc.) so that a verbatim, typewritten transcript may be prepared if an appeal is filed. The transcribing of the recording is not required unless an appeal is filed. If a court reporter or stenographer is hired, the expense must first be approved by the Aerie. If the Aerie Secretary is unable to attend or a party or an involved witness, then the Trial Committee Chairman appoints a Recorder who cannot be a member of the Trial Committee and is responsible for recording that trial only. If an appeal is filed with the Grand Tribunal, a transcript in verbatim, typewritten language plays a critical part in the appeal process. If the Aerie s transcript is unclear and/or all speakers are not clearly identified, the Aerie runs the real risk of having the proceedings remanded for a retrial. Although either party may make a tape recording of the proceedings at a trial, this right is limited to the extent that its use not be disruptive to the conduct of the trial. The official record, however, is the record authorized by the Aerie Secretary. (Opinion No. 767) Subpoenas are filled out by the party requesting them and the Aerie Secretary completes them by signing and affixing the Aerie seal to each one. It is up to the party requesting these subpoenas to make sure they are delivered to the witnesses. (Section 63.4) Section 63.4 (h) Any person who is not a member of the Order may be requested to appear and testify. (i) A member present at the trial may be called as a witness without a subpoena. SECTION (E) SUGGESTED ACTUAL TRIAL PROCEDURES It is the responsibility of the Trial Committee Chairman to maintain order so that an accurate record and typewritten, verbatim transcript can be produced. (Appeal No. 2468) There is no "jury selection or jurist's duties, as the members of the Trial Committee serve in this capacity. Any member of the Trial Committee is free to ask questions to clarify the record and even to interrupt when the questioning goes beyond the scope of relevancy.

7 The fraternal system of justice does not permit the Trial Committee to hold pre-trial hearings or arraignments to determine if there is enough evidence to justify a trial, or to entertain motions of dismissal. A motion to dismiss by either party must be introduced and evidence presented when the Trial Committee convenes the trial and made part of the record. The decision of the Trial Committee dismissing the charges without holding a hearing is a clear violation of the Laws of the Order. (Appeal No. 287) 1) The Chairman convenes the trial. A. The Chairman instructs the Aerie and Auxiliary Conductors to check members' cards (Aerie and Auxiliary). The trial is not to be a closed trial; members must be allowed to attend. B. Non-members who are not participating in the trial cannot attend. Participating in means the non-member must be a witness, part of or all of the defense counsel or an outside stenographer in order to attend the trial. C. The Chairman announces the Aerie name and number. D. The Chairman states the date and time. E. The Chairman announces that the trial will be tape recorded, video recorded or transcribed by a stenographer, court reporter and/or the Aerie Secretary. F. The Chairman should caution all those participating in the trial to identify themselves when they speak and carry on only one conversation at a time for the sake of a clear record. 2) The Chairman announces the names of the Trial Committee members and the name of the trial recorder. 3) The Chairman reads the Complaint and states the names of the accuser(s) and the accused. The Chairman should repeat their names for clarity of the record. 4) The Chairman announces when and how the charges were delivered to the accused and if a return receipt or a signed and dated proof of hand delivery document was received in compliance with Section 63.3, Statutes. The return receipt and/or proof of hand delivery within the proper time frame should be entered into evidence. 5) The Chairman ascertains if both the accuser and accused are present at the trial. 6) The Chairman states the Prosecutor and Defense Counsel's names. 7) The Chairman reads the Mediation Settlement Statement received from the Mediator. 8) The Chairman asks if there are any challenges to any member of the Trial Committee from the Prosecution or Defense Counsel. If there are challenges (motions or objections), the Trial Committee will retire into Executive Session to decide on the challenges. If the Trial Committee composition falls below five (5) members and no alternates remain, the trial must be postponed until the Worthy President, in a timely manner, appoints such replacements to insure the Trial Committee is made up of no less than five (5) members. (Unless the date and time are announced at the trial, a new Notice of Trial must be served on all parties, with no less than seven (7) days after the date of service of the notice, nor more than thirty (30) days after service of the notice.) 9) The Chairman asks if there are any other motions or objections from the Prosecutor or Defense Counsel (i.e. Motion to sequester witnesses, Motion to dismiss, or any challenges or any issues alleged to be in violation of the Constitution and Statutes). If so, the Trial Committee will retire into Executive

8 Session to make a ruling. 10) The Chairman asks for opening statements. The Prosecution is the first to present an opening statement, followed by the Defense. These statements are intended to advise the Trial Committee of a preview of the case and of the evidence to be presented. Not meant to be argumentative, however, often includes some form of argument. Opening statements are not evidence. All witnesses must be sworn in before testifying. (Section 63.4(f)) All witnesses shall identify themselves before giving their testimony. All witnesses may also be asked by the Trial Committee Chairman if they were approached at any time and asked to alter their testimony. Upon completion of any witness testimony, the Trial Committee Chairman asks members of the Trial Committee if they have additional questions for the witness. 11) The Chairman then instructs the prosecution to present its evidence. At this time, the Prosecutor calls the witnesses it has determined will best support the Prosecution's position and presents such evidence it has to support its conclusions. The questions asked the witnesses at this time are called "direct examination. Upon conclusion of direct examination, the Defense Counsel may address the witness with "cross-examination" in the hopes of negating the credibility of the prosecution s witness testimony. Following cross-examination, the prosecution is then given the opportunity of repairing any perceived damage through "redirect-examination. After the prosecution has completed calling its witnesses and presentation of evidence, it so indicates to the Trial Committee Chairman that "the Prosecution rests" or words to that effect. 12) The Chairman then instructs the Defense to present its evidence. At this time, the accused's counsel calls the witnesses it has determined will best support the defense's position and presents such evidence to support its conclusions. The questions put to the witnesses by the defense at this time are also referred to as "direct examination. Upon conclusion of direct examination, the prosecution may address the witness to cross-examination. Following this crossexamination, the defense has the option of repairing any perceived damage through "redirect examination. When the defense has completed calling its witnesses and presentation of evidence, it so indicates to the Trial Committee Chairman that "the Defense rests or words to that effect. 13) The Chairman asks for closing statements by the Prosecution. (The Prosecution, at this time, should make known all facts of the trial which might persuade the Trial Committee to adopt its view of the trial and/or influence the type of penalty assessed if accused is found guilty; such as, accused s recurrent Trustee suspensions or actions establishing a positive or negative pattern of behavior.) 14) The Chairman asks for closing statements by the Defense. (During the closing statements, the Defense should make known all facts of the trial which might persuade the Trial Committee to adopt its view of the trial and/or influence the type of penalty assessed if found guilty; such as, accused s actions establishing a positive pattern of behavior and may make the accused's past record of performance in the Aerie known to the Trial Committee, such as volunteer service to the Aerie, offices held.) 15) Rebuttals may be permitted. The purpose of the summation or closing arguments is to provide each side with an opportunity to persuade the Trial Committee to adopt their view. Closing statements are not evidence.

9 Information relating to prior behavior is permitted during closing argument to influence the Trial Committee in its deliberations as to the possible penalty that can be assessed, but not the guilt or innocence of the Accused. (Appeal No. 2472) SECTION (F) TRIAL COMMITTEE S EXECUTIVE SESSION Sections 63.6 & 63.7 Immediately after the completion of all the steps in Section E above, the Trial Committee goes into Executive Session (private meeting) and decides the guilt or innocence of the accused by a secret ballot, and if found guilty, decides the penalty. It takes at least three (3) votes of the Trial Committee to find the guilt or innocence of the accused. It also takes at least three (3) votes to decide the penalty, if the accused is found guilty. The Trial Committee determines not only the guilt or innocence of the Accused, but also fixes the penalty in the event of a finding of guilty subject to the limitations prescribed in the Statutes. It would be proper, after the Accused's guilt is adjudged, to consider the Accused's past record of performance in the Aerie in determining the appropriate penalty. (Appeal No. 432) The Trial Committee shall have the power to impose the following penalties under the provisions of Section 63.7: a. A suspension from the Social Rooms and all social functions of the Aerie and Auxiliary for a specified period of time not to exceed six (6) months, OR; b. A suspension from membership in the Aerie or Auxiliary for a specified period of time not to exceed six (6) months, AND/OR c. Removal from office. Any officer so removed shall not be eligible to run for or be appointed to any Local office or committee prescribed by the Constitution and Statutes, which shall include the position Auditor, in any Local Aerie or Auxiliary until three (3) regular elections have been held. Penalty (c) can be combined with penalties (a) and (b) above. d. Expulsion from the Order. This breaks down into the following six decisions options: 1. Suspension from the Social Rooms and all social functions of the Aerie and Auxiliary for a specified period of time not to exceed six (6) months; or 2. Suspension from membership in the Aerie or Auxiliary for a specified period of time not to exceed six (6) months; or 3. Suspension from the Social Rooms and all social functions of the Aerie and Auxiliary for a specified period of time not to exceed six (6) months AND removal from office. Any officer so removed shall not be eligible to run for or be appointed to office in any Local Aerie or Auxiliary until three (3) regular elections have been held; or 4. Suspension from membership in the Aerie or Auxiliary for a specified period of time not to exceed six (6) months AND removal from office. Any officer so removed shall not be eligible to run for or be appointed to office in any Local Aerie or Auxiliary until three (3) regular elections have been held; or 5. Removal from office only. Any officer so removed shall not be eligible to run for or be appointed to office in any Local Aerie or Auxiliary until three (3) regular elections have been held; or 6. Expulsion from the Order. No other penalties can be levied on the accused. Keep in mind that a suspension from

10 membership in the Aerie/Auxiliary of an officer or employee (No. 2. above), by operation of law, automatically removes them from office or employment because they are no longer allowed on Aerie property during the suspension period. Once the suspension period is served, the officer may go back to his elected office provided that his term has not ended or the member has not been replaced by a newly-elected officer. Employee reinstatement is a Board of Trustees matter. The Trial Committee must read their decision into the record immediately following the Executive Session at the conclusion of the trial and the decision is effective immediately. The Trial Committee must also give written notice of the Trial Committee decision to the accuser, and the accused by certified mail and to the Aerie Secretary at the conclusion of the trial. The Decision and Judgment shall be read into the minutes of the next regular meeting of the Aerie, making it part of the record. SECTION (G) APPEALS - Section 64.1 through 64.3 Any Trial Committee decision may be appealed by any party by filing a Notice of Appeal, by regular or electronic mail to the Grand Tribunal. The Notice of Appeal shall be ineffectual unless filed with the one hundred dollar ($100.00) filing fee paid, within 30 calendar days after the reading of the Trial Committee decision at the conclusion of the trial. The Notice of Appeal shall legibly state the trial decision date, the appellant s name and indicate the alleged trial procedure errors. The Appellant is also responsible for the cost of the transcript. The Notice of Appeal shall be filed together with a copy of the Complaint, the Trial Committee decision and proof of fees paid. Then the Grand Tribunal will send a letter to the Aerie Secretary stating that an appeal has been filed and that additional trial documents should be collected, the record transcribed and all should be sent to the Office of the Secretary of the Grand Tribunal within fifteen (15) days. An extension may be requested by the Aerie Secretary for the completion of the transcript and its viewing. The one hundred dollar ($100.00) filing fee is to be paid to the local Aerie by the party filing the appeal (Appellant). All fees are to be deposited in the Aerie General Fund. Both the $100 filing fee and the cost of the transcript will be refunded if the appeal is successful. If the appeal is filed by the Board of Trustees of the local Aerie, the fee is waived. The Local Aerie is not responsible for attorney's fees or other costs charged the accused or the Appellant. In such cases where an Aerie member files charges against an Auxiliary member and vice versa, the expense of the trial shall be borne equally by the Aerie and Auxiliary. ONLY the accuser(s) and/or the accused may appeal a Trial Committee decision. In a case involving fraud, any member in good standing of the local Aerie may file an appeal. The reason(s) for filing the appeal is up to the person and should list those errors they believe to be a violation of the Constitution and Statutes, Trial Committee errors in the handling of the trial or an adverse decision. The Grand Tribunal cannot "create reasons" for an appeal. An Accused cannot file an Appeal under Section 64 and expect the Grand Tribunal Justices to create grounds for the Appeal. The burden of stating grounds for Appeal is upon the person appealing. (Appeal No. 1681)

11 In any appeal made to the Grand Tribunal, any and all appeal points must be contained in the record of the local Aerie trial in order for such appeal points to be considered by the Grand Tribunal. It is critical that the trial transcript be a true copy of the trial proceedings with each speaker clearly identified and provided in verbatim (word for word) and typewritten form. If the Grand Tribunal, upon appeal, cannot make sense of the trial transcript, the Grand Tribunal has the authority to remand the entire proceedings back to the local Aerie for retrial. When the transcript is ready, the local Aerie Secretary must immediately notify all parties, by certified or registered mail, of the time and place to inspect the transcript before it is forwarded to the Grand Tribunal. Such arranged time must be not less than five (5) days, or more than ten (10) days after the Secretary s service of Notice. If the accused or accuser believes there are corrections to the transcript that should be included with the records to go to the Grand Tribunal, either or both may submit a sworn affidavit to the Aerie Secretary within five (5) days of inspecting the records. These corrections shall immediately be sent to the Secretary of the Grand Tribunal s office by the Aerie Secretary. The party submitting the correction may send an additional copy to the Secretary of the Grand Tribunal s office. An Appellant may receive a copy of the transcript from the local Aerie Secretary if the Appellant pays for the actual cost of making a copy of the transcript. If the trial record was taken by a court reporter, then the cost of the transcript is set by the court reporter because the transcript is their work product. Otherwise, the usual cost of copying the pages is assessed. The Grand Tribunal attempts to adhere to a goal of a ten (10) day turn around once all the required information and documents are submitted to the Grand Tribunal office from the Local Aerie Secretary. Rev. 07/17 The decision of the Grand Tribunal is final.