S.I. No. 325/2008 - Rules of the Superior Courts (Recording of Proceedings) 2008

1. In this Order, the expression “record” has the same meaning as in Order 86.

2. These Rules shall come into operation on the 10 day of September 2008.

3. These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2008 and may be cited as the Rules of the Superior Courts (Recording of Proceedings) 2008.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These rules are intended to facilitate the introduction of digital and other non-manual means of recording proceedings in addition to shorthand recording in criminal and civil proceedings.

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.

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.

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, rule 12. 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 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 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.

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

8. Unless

(

a

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

(

b

) otherwise permitted by the Supreme Court 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.”;

(

h

) by the insertion in rule 1 of Order 125 of the following after the definition of “the Court” in that rule

“the Courts Service” means the Courts Service established by the

Courts Service Act 1998

;”.

S.I. No. 325 of 2008

RULES OF THE SUPERIOR COURTS (RECORDING OF PROCEEDINGS) 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

19

th August

, 2008.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act 1936

, section 67, and reconstituted pursuant to the provisions of the

Courts of Justice Act 1953

, section 15, by virtue of the powers conferred upon us by the

Courts of Justice Act 1924

, section 36, and the

Courts of Justice Act 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act 1961

, section 48), and the

Courts (Supplemental Provisions) Act 1961

, section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 3rd day of April, 2008.

JOHN L. MURRAY

PATRICK O'CONNOR

RICHARD JOHNSON

NOEL RUBOTHAM

JOSEPH FINNEGAN

WILLIAM M C KECHNIE

ELIZABETH DUNNE

LYNDON MACCANN

MARY CUMMINS

I concur in the making of the following Rules of Court.

Dated this 12 day of August 2008.

DERMOT AHERN

Minister for Justice, Equality and Law Reform

S.I. No. 325 of 2008

RULES OF THE SUPERIOR COURTS (RECORDING OF PROCEEDINGS) 2008