The Place of Court Reporting in Civil Proceedings
Court reporting is one of the most important elements of civil proceedings: an accurate record of the hearing creates the factual basis without which neither a review of the decision nor the resolution of a dispute about what happened in the courtroom is possible. Under the Civil Procedure Code, the drawing up of minutes is mandatory for each session of the court and for each procedural act performed outside a session in which parties, their representatives, witnesses, experts and specialists participate. The record thus performs a binding legal function, and its quality is often decisive — a precise protocol may itself become the basis for verifying evidence.
Openness of the Hearing and the Rules of Recording
The Code establishes that all cases in court are heard at open sessions unless this contradicts the interests of protecting state secrets; a hearing in closed session is also admissible in other cases provided by legislation, upon the motivated motion of a party, about which the court issues a motivated ruling. Photography, filming and video recording, stenography and audio recording in the court building and during the hearing of a civil case are carried out according to the rules established by the Organic Law of Georgia on Common Courts. Proceedings are conducted in the state language, and an interpreter is appointed for a person who does not know the state language. A closed session is attended by the parties and their representatives and, where necessary, by witnesses, experts, specialists and interpreters.
Contents of the Minutes and the Required Data
Where recording by technical means is impossible, minutes are drawn up which must record the year, month, day and place of the session, the time of its beginning and end, the name and composition of the court hearing the case and the secretary of the session, the name of the case, information about the appearance of the parties' representatives, witnesses, experts and interpreters, and information on the explanation to the parties of their procedural rights and duties. The minutes further record the orders of the court and the rulings issued without going to the deliberation room, the explanations of the parties and their representatives, the testimony of witnesses, the clarifications of experts' conclusions, the data on the inspection of material and written evidence, the content of the parties' arguments, information on the announcement of the decision and the ruling, and the explanation of the content of the decision, of the procedure and of the deadline for appeal. Where recording by technical means is possible, the minutes contain the essential data together with the particulars of the parties, representatives, witnesses and other persons invited to the session, including the time and duration of their statements.
The Technical Record and the Right to Request a Copy
The court may use a tape recorder, a computer or another technical means for drawing up the minutes, through which recordings are attached to the minutes. At the request of the judge, the secretary of the court session ensures the deciphering of the technical record or of a part of it. A party is entitled to request a copy of the technical record in electronic form, and this request must be satisfied; the fee for taking the copy is paid according to the procedure established by the legislation of Georgia. Exercising this right allows the party to study the course of the hearing independently and to identify violations that will become grounds for submitting remarks.
Remarks Concerning the Minutes of the Session
The law gives the parties a special guarantee in connection with the minutes: under the Code, within three days of signing the minutes of the session, the parties and their representatives may submit their remarks, pointing to the inaccuracy and incompleteness of the minutes. The remarks are attached to the case, and the judge or the court hearing the case examines them within five days of their submission and issues a ruling on the remarks. The periods of three and five days are strict, so the preparation of remarks must be approached in good time — a late remark in fact loses its legal significance.
Frequently Asked Questions
Are minutes drawn up for every hearing?
Yes. The drawing up of minutes is mandatory for each session of the court and for each procedural act performed outside a session in which the designated persons participate.
Can a copy of the technical record be obtained?
Yes. A party is entitled to request a copy of the technical record in electronic form, and this request must be satisfied. The fee for taking the copy is paid under the procedure established by legislation.
What must the minutes contain?
The minutes record the date and place of the session, the time of beginning and end, the composition of the court, the secretary of the session, the name of the case, information on the appearance of participants, the fact of the explanation of rights, orders and rulings, explanations, testimony, inspection data, the arguments of the parties and information on the announcement of the decision.
Within which period may remarks be submitted?
Remarks are submitted within three days of signing the minutes of the session. The judge or the court examines them within five days of submission and issues a ruling on the remarks.
How We Help on Legal.ge
The team of Legal.ge will assist you with all matters connected with court reporting: we prepare remarks concerning the minutes, arrange the request for a copy of the technical record, analyse the contents of the minutes to reveal violations and use these materials in an appeal to defend your position. Contact us — the deadlines for working with the minutes are short, and delay makes it impossible to correct the violations.