Access to court records

Access to Court Records

All records created in relation to court proceedings are considered court records. These records relate to the business of the court and are under the control of the presiding judge.

Freedom of Information and court records

Under Section 42(a)(i) of the Freedom of Information Act 2014, court records are not accessible under the FOI Act. The section provides that:

“This Act does not apply to a record held by the courts and relating to, or to proceedings in, a court, other than a record relating to the general administration of the courts or the offices of the courts.”

Accordingly, the Freedom of Information Act does not apply to court records. Access to them cannot be granted under the Act.

Court records are under the control of the judiciary, in line with Section 65 of the Court Officers Act 1926, which states:

“All proofs and all other documents and papers lodged in or handed in to any court in relation to or in the course of the hearing of any suit or matter shall be held by or at the order and disposal of the judge or the senior of the judges by or before whom such suit is heard.”

Access outside the Freedom of Information Act

Outside of FOI, access to some court records may be granted to parties involved in a case or to their legal representatives.

• If you are a party to a case and wish to access a court record, you should contact the Court Office where your case was heard.
• If you are not a party to a case, you must apply directly to the court where the case was heard. Your application will be put before a judge for a decision, outside of FOI.

Courts Service staff cannot give legal advice. Applicants are advised to contact the relevant Court Office for guidance on the appropriate procedure.

Access to court recordings and transcripts

Specific procedures apply for anyone seeking access to an official recording of court proceedings (known as a Digital Audio Recording – DAR). The procedures are set out in the following Statutory Instruments:

• S.I. No. 99 of 2013 — District Court Rules (Recording of Proceedings) 2013
• S.I. No. 100 of 2013 — Circuit Court Rules (Recording of Proceedings) 2013
• S.I. No. 101 of 2013 — Superior Court Rules (Recording of Proceedings) 2013

Any request for access to a recording must be made by formal application to the trial judge, on notice to all other parties involved. The judge decides whether access is granted and in what format.

If access is granted, the applicant may be required to pay transcript costs, typically around €200 per hour of audio recording, unless otherwise directed by the judge.

Contact information

If you wish to apply for access to court records, recordings or transcripts, please contact the relevant court office directly. You can find contact details for all court offices nationwide here.

For general queries about Freedom of Information, please contact the FOI Unit.