LEGAL PRINCIPLE: CIVIL PROCEDURE – Case Management – Presiding Judge’s Duty to Record Proceedings in Writing
PRINCIPLE STATEMENT
Subject to any rules of court for the taking of minutes of proceedings, the presiding judge shall in every cause or matter take down in writing the purport of all oral evidence given before the court and shall sign the same at any adjournment of the case and at the conclusion thereof.
RATIO DECIDENDI (SOURCE)
"Subject to any rules of court for the taking of minutes of proceedings the presiding judge shall in every cause or matter take down in writing the purport of all oral evidence given before the court and shall sign the same at any adjournment of the case and at the conclusion thereof."
EXPLANATION / SCOPE
Judges have statutory duty to record proceedings. Requirements: (1) take down in writing the purport of oral evidence; (2) record in every cause or matter; (3) sign recordings at adjournments and conclusion. “Purport” means substance or gist—not necessarily verbatim transcription but sufficient to convey testimony substance. This duty ensures: evidence preservation for appeal, transparency in proceedings, and verification of what was said. Recording must occur: contemporaneously (during testimony), consistently (every case), and completely (all oral evidence). Judges must sign recordings: at each adjournment (authenticating that session’s record), and at conclusion (authenticating entire record). This serves: authenticating the record, preventing alterations, and ensuring judge’s approval of accuracy. Failure to properly record: undermines appellate review, prevents verification of proceedings, and may render proceedings irregular. The duty applies “subject to rules of court”—rules may specify recording details but cannot eliminate the recording requirement. This fundamental obligation protects: parties’ rights to recorded proceedings, appellate courts’ review ability, and procedural integrity through documented proceedings.