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Circuit Court Rules

Order: 67A

Recording of Proceedings : S.I. No. 354 of 2008

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No67A-S.I. No. 100 Of 2013: Circuit Court Rules (Recording Of Proceedings) 2013
No67A-S.I. No. 410 Of 2014: Circuit Court Rules (Provision Of Transcripts Of Sentencing Hearings) 2014

          1. In this Order,

          “record” means a contemporaneous record of the proceedings concerned made by any one or more means, including, without limitation—

              (a) any shorthand or other note, whether written, typed or printed, and

              (b) any sound recording or other recording, capable of being reproduced in legible, audible or visual form, approved by the court;

          “transcript writer” means any person (including a body corporate acting by its employee or contractor) appointed by the Courts Service to make a transcript of the record.”

          2. Subject to rule 3 and to rule 7 of Order 58, at the trial or hearing of any cause or action, any party may, with the Court’s permission and subject to and in accordance with any direction of the Court, make or cause to be made a record of the proceedings, which record shall include—

              (a) the oral evidence;

              (b) in the case of an action tried by a Judge and jury, the Judge’s charge and directions to the jury, and the submissions and requisitions made to the judge and his ruling thereon;

              (c) in any case tried by a Judge without a jury, the Judge’s judgment (unless it be a written judgment).

          3. The record of any criminal proceedings shall be made or caused to be made by a person appointed by the Courts Service, and such record shall include all submissions made by counsel in the course of the trial including opening and closing speeches to the jury and any submissions made in mitigation of sentence.

          4. At the hearing of any proceedings before the County Registrar any party may, with the County Registrar’s permission, and subject to any order or direction of the County Registrar, make or cause to be made a record of the proceedings in such case, which record shall include—

              (a) any oral evidence;

              (b) any speech or submissions by counsel or solicitor;

              (c) the County Registrar’s judgment or ruling (unless it be a written judgment or ruling).

          5. The party making or causing to be made a record in a case referred to in rule 2 or rule 4 shall pay the cost of the production of the record and, where any transcript is required, the cost of the production of such transcript and the said payment shall be borne by the said party unless the Judge or the County Registrar (as the case may be) shall after the trial or hearing certify that in his opinion it was expedient that the proceedings or any part thereof should have been so recorded, or, as the case may be, a transcript produced. If such certificate is given, the cost occasioned by the making of the record (and, where certified, any cost arising from the production of a transcript of or from the record) to which the certificate relates shall be part of the costs in the cause.

          6. The Judge shall have power during the course or at the conclusion of the trial or hearing, to direct that a transcript of the record or any part thereof be furnished to him at the public expense or be furnished to any party applying therefor at the expense of that party.

          7. Unless:

              (a) otherwise permitted by and in accordance with this Order, or

              (b) otherwise permitted by the Court and, in that event, subject to and in accordance with any direction of the Court,

          no person, other than the Courts Service or a person authorised by it on its behalf, shall make any record of proceedings otherwise than by written or shorthand notes.”.