Principle

CIVIL PROCEDURE – Case Management – Judge’s Recollection Cannot Supplement the Record

Area of law
CIVIL PROCEDURE
Court
Supreme Court

This reinforces Principle 449. No procedural rules permit: omitting recording of important submissions, judges supplementing record with recollection, or decisions based on unrecorded matters. "Well-known practice" of recording important submissions is mandatory, not optional. "Minutes" include: submissions of counsel, rulings, key testimony, procedural applications, and…

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