S.I. No. 354/2008 - Circuit Court Rules (Recording of Proceedings) 2008

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.”.

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.

S.I. No. 354 of 2008

CIRCUIT COURT RULES (RECORDING OF PROCEEDINGS) 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

9

th September

, 2008.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act 1936

, and

section 12

of the

Courts of Justice Act 1947

, by virtue of the powers conferred on us by

section 66

of the

Courts of Justice Act 1924

and

section 70

of the

Courts of Justice Act 1936

, (as applied by

section 48

of the

Courts (Supplemental Provisions) Act 1961

) and

section 27

of the

Courts (Supplemental Provisions) Act 1961

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 24 day of June 2008.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Tony Hunt

Gerard J. Doherty

Joe Deane

Noel Rubotham

Susan Ryan (Secretary)

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

Dated this 3 day of September 2008.

Signed: DERMOT AHERN

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 354 of 2008

CIRCUIT COURT RULES (RECORDING OF PROCEEDINGS) 2008