¶5.1 Withdrawal Under Charges of Complaint. When the General Superintendent, an elder, a member on trial, or a local preacher is accused of any of the offenses enumerated in ¶1.1, and he desires to withdraw from the church, he shall be permitted. In so doing, the record shall be plainly marked, “Withdrawn Under Charges.” If written complaints have been filed with the proper agents and/or agencies, and he desires to withdraw from the church, he shall be permitted. In so doing, the record shall be plainly marked, “Withdraw Under Complaints.” In either case, his status shall be the same as if he had been expelled.

¶5.2 When any of the aforementioned is deprived of, or surrenders by withdrawal, his credentials, license, or ordination, the necessary authority shall file them along with the respective records dealing with his case.

¶5.3 Counsel. In all cases of trial, the accused shall be entitled to appear, to be represented by counsel of his own selection, and to be heard in oral or written argument. If the defendant has not secured counsel, such counsel shall be appointed by the presiding officer, unless the defendant elects to represent himself. Each counsel shall be allowed one assistant counsel of his own choice.

¶5.4 All notices required in judicial administration shall be in writing, signed by or on behalf of the person or body giving or required to give such notice, and shall be addressed to the person or body to whom it is required to be given. Such notices shall be served at least seven (7) days in advance, and be delivered, in person, to the party or leading officer of the body to whom it is addressed, or by certified mail addressed to the last known residence or address of such party. The fact of the giving of the notice shall affirmatively appear over the signature of the party required to give such notice, and becomes a part of the record in the case.

¶5.5 In all cases of investigation or trial, notice to appear shall be given to such witnesses as either party may name, shall be issued in the name of the church, and be signed by the presiding officer of the trial court. It shall be the duty of all church members to appear and testify when summoned.

¶5.6 As soon as the trial court has convened, the charge shall be read by the presiding officer at which time the accused shall enter his plea which shall be duly recorded. On his neglect or refusal to plead, the plea of “not guilty” shall be entered for him, and the trial shall proceed, provided that the court may adjourn from time to time for sufficient cause, and provided that the accused shall, at all times during the trial, have the liberty to be present to make his defense and produce testimony.

¶5.7 In case the accused person shall refuse or neglect to appear at the time or place set forth for the hearing, the trial court may proceed in his absence.

¶5.8 Records. In the trial court, the records shall be accurate and complete. They shall include the proceedings in detail, all the evidence taken stenographically, if possible, and documents admitted, together with the charges and findings, and shall be approved and attested by the presiding officer and secretary.

¶5.9 If, within sixty (60) days after the conviction of any of the aforementioned accused, he (or she) shall make application in writing to the General Superintendent or presiding officer for a new trial on the ground of newly discovered evidence, and shall submit therewith a written statement of the same, and if it shall appear to the General Superintendent that such evidence is material to the issue involved, he shall grant a new trial. In no case, however, shall a new trial be granted upon newly discovered evidence which could have been obtained for the trial by the exercise of due diligence, or which is merely cumulative in its effect.