LEGAL PRINCIPLE: CIVIL PROCEDURE – Case Management – Decisions Cannot Be Based on Unrecorded Recollections of Judge
PRINCIPLE STATEMENT
It is not in the interest of justice for decisions to be based on recollections of judges not recorded anywhere during the trial; it will be laying a dangerous precedent for this court to act on such a recollection no matter how vivid, which does not form part of the record and being the basis for dismissal of cases.
RATIO DECIDENDI (SOURCE)
"It is not in the interest of justice for decisions to be based on recollections of Judges not recorded anywhere during the trial... It will be laying a dangerous precedent for this court to act on such a recollection no matter how vivid, which does not form part of the record and being the basis for the dismissal of the sister cases."
EXPLANATION / SCOPE
Judicial decisions must be based on recorded proceedings, not unrecorded recollections. Judges cannot: base rulings on memories of unrecorded events, rely on matters not in the record, or supplement the record with personal recollection. This rule serves: appellate review (reviewable only from record), transparency (parties know evidence relied upon), fairness (preventing surprise bases for decisions), and accountability (decisions rest on verifiable record). Even vivid, accurate recollections cannot: substitute for proper recording, support decisions when not recorded, or remedy recording failures. The “dangerous precedent” concern: encouraging inadequate recording, undermining appellate review, creating unreviewable decisions, and disadvantaging parties who cannot challenge unrecorded matters. Proper practice requires: recording all material matters during trial, basing decisions solely on recorded evidence and submissions, and declining to supplement record with recollection. If judges realize something wasn’t recorded: they should have parties address it again on record, not rely on unrecorded recollection. This principle protects: procedural integrity, appellate review efficacy, and parties’ rights to decisions based on known, recorded matters.