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Court transcript

  • 12-09-2018 12:08am
    #1
    Registered Users, Registered Users 2 Posts: 594 ✭✭✭


    Hi can anyone tell me how to go about getting court transcript as a person who was involved in the case


Comments

  • Registered Users, Registered Users 2 Posts: 78,644 ✭✭✭✭Victor


    I understand it is difficult unless you are one of the parties or their representatives. Ask your solicitor.

    In some civil cases, the parties may retain their own stenographer / shorthand note taker.

    If it is mere morbid curiosity, you are unlikely to get the transcript.


  • Registered Users, Registered Users 2 Posts: 594 ✭✭✭carfiosaoorl


    Victor wrote: »
    I understand it is difficult unless you are one of the parties or their representatives. Ask your solicitor.

    In some civil cases, the parties may retain their own stenographer / shorthand note taker.

    If it is mere morbid curiosity, you are unlikely to get the transcript.

    No definitely not curiosity. We are looking for transcripts as children who brought a case against a parent. At that time we were children but now adults


  • Registered Users, Registered Users 2 Posts: 27,254 ✭✭✭✭Peregrinus


    Have you any reason to think that a transcript was made? It's not routine in civil cases.


  • Registered Users, Registered Users 2 Posts: 78,644 ✭✭✭✭Victor


    Depending on the type of case and the court(s) involved, there might be a judgment available.


  • Registered Users, Registered Users 2 Posts: 594 ✭✭✭carfiosaoorl


    Peregrinus wrote: »
    Have you any reason to think that a transcript was made? It's not routine in civil cases.

    I assumed there was always a transcript. Is there not :/


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  • Registered Users, Registered Users 2 Posts: 27,254 ✭✭✭✭Peregrinus


    I assumed there was always a transcript. Is there not :/
    There usually is not. A transcript only happens if one party or the other (or both) decides that they want one, and organise and pay for one.

    In recent years I think that most (all?) courtrooms have been equipped with recording facilities and proceedings are routinely recorded so that it's possible to make a transcript after the event. But, depending on how long ago your case was, there may be no recording of it.


  • Posts: 13,712 ✭✭✭✭ [Deleted User]


    Victor wrote: »
    I understand it is difficult unless you are one of the parties or their representatives. Ask your solicitor.
    Even as a party to a case, it is very difficult (is it even possible?) to acquire a transcript, unless there's an appeal lodged, for example.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Any person can apply for a copy of the transcript, but they must do so with the actual judge in the proceedings (so what happens when the judge has left office or RIPd?) and on notice to any parties concerned.

    All court records are under the control of the judge themselves and not the Courts Service.


  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    Is there not a right of access to data from Art.15 GDPR
    If the personal data exists.


  • Registered Users, Registered Users 2 Posts: 399 ✭✭IsaacWunder


    Is there not a right of access to data from Art.15 GDPR
    If the personal data exists.

    No. Art 23 gives nation states the right to make an exception for judicial proceedings. This was done in the Data Protection Act 2018, which largely exempts courts when acting in their judicial capacity.


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  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    No. Art 23 gives nation states the right to make an exception for judicial proceedings. This was done in the Data Protection Act 2018, which largely exempts courts when acting in their judicial capacity.

    Correct, people only have a "right" to access their personal information where Statute, the Rules of Court or Court practice allows for such rather than being afforded a right from the Data Protection Act 2018 itself in relation to court records, this is considered necessary and proportionate to safeguard judicial independence and court proceedings.

    The media also have the ability to request court records under Court Rules as part of the 2018 Act to allow for accurate reporting of proceedings.


  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    How would a person getting a copy of their personal data interfere with the independence of judicial procedings or impinge on judicial independence?


  • Registered Users, Registered Users 2 Posts: 399 ✭✭IsaacWunder


    How would a person getting a copy of their personal data interfere with the independence of judicial procedings or impinge on judicial independence?

    It doesn’t always. It’s not a blanket exemption. In certain circumstances you can get a copy of your personal data from the courts (i.e. you are entitled to apply to take up a copy of the DAR transcript, as other posters have pointed out).


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