Superior Court Rules

ORDER 123

RECORDING OF PROCEEDINGS

1. …

[SI 485/14]

2. At the trial or hearing of any cause or matter, 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 (subject, in the case of criminal proceedings, to rule 14(2) of Order 86) 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).

[SI 325/08]

3. At the hearing of any inquiry as to damages or other proceedings by the Master, any party may, with the Master’s permission and subject to any order or direction of the Master, 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 Master’s judgment (unless it be a written judgment), and Order 36, rule 44 shall not apply in any such case.

[SI 325/08]

4. The party making or causing to be made a record in a case referred to in rule 2 or rule 3 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 Master (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.

[SI 325/08]

5. 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.

[SI 325/08]

6. (1) In case of an appeal, only such part of the record of the proceedings as the parties agree to be relevant shall be transcribed and included in the books of appeal to be lodged by the appellant pursuant to Order 58 or, as the case may be, Order 86. Any party may, however, cause any additional part of the record to be transcribed and included in the books of appeal but shall not be allowed the expenses of such additional part of the transcript (or of making copies thereof) as part of any costs awarded to him unless the Supreme Court or Court of Appeal shall immediately after the appeal certify that in its opinion it was expedient or desirable that the transcript of such additional part of the record should have been lodged with the books of appeal.

(2) The Supreme Court or Court of Appeal shall have power, on the application of any party or without any such application, before or during the hearing of an appeal, to direct that any part of the record of the proceedings which has not been included in the books of appeal be transcribed and included therewith.

[SI 485/14; SI 325/08]

7. The Supreme Court, Court of Appeal or the court may require the production to it of a record in such manner as it requires.

[SI 485/14; SI 325/08]

8. Unless–

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

(b) otherwise permitted by the Supreme Court, the Court of Appeal or the court and, in that event, subject to and in accordance with any direction of such 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.

[SI 485/14; SI 325/08]

9. (1) Any party or person who seeks access to any part of a record of proceedings (in this rule referred to as the “relevant record”) which is held by or for the Supreme Court, the Court of Appeal or the Court, as the case may be (in this rule referred to as the “relevant court”) may apply to the relevant court by motion in the proceedings concerned on notice to the other party or the parties to those proceedings, grounded upon an affidavit.

(2) On the date first fixed for the hearing of the motion, the relevant court may:

(a) direct that copies of the notice of motion and affidavit be served on any other person who the relevant court considers has a sufficient interest in or may be affected by the application;

(b) fix time limits for the delivery of any replying affidavit.

(3) The relevant court may, for the purposes of considering any such application, review privately the contents of the relevant record.

(4) Subject to sub-rule (5), the relevant court may, where it considers it necessary in the interests of justice so to do, permit the applicant to have such access to all or such part of the relevant record concerned as is specified in the order made on the application, by such means and at such time or times as may be specified in that order and on such terms and under such conditions (including terms restraining the publication, dissemination or further disclosure of all or any part of the relevant record by the applicant, and the giving of an undertaking to such effect) as the relevant court may direct.

(5) Unless the relevant court otherwise directs, access to the relevant record concerned shall, where permitted under sub-rule (4), be afforded solely by the provision to the applicant of a transcript of all or any part of that record, on payment by the applicant to the transcript writer of the transcript writer’s fee for producing the transcript.

[SI 485/14; SI 101/13]

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