Transcripts

jumpingjackflash

Are there Transcripts taken, Audio or Written at family law cases. i.e in camera?

Peregrinus

SFAIK, only if the parties want it, and pay for it. I think it would be unusual.

jumpingjackflash

https://www.boards.ie/discussion/comment/120446385#Comment_120446385

Do you mean pay for the transcript to be recorded in court?

or

do you mean they can pay for a copy of the transcript after the hearing?

My original question was: Is there a transcript recorded during a family law case, like it would be recorded during any other case types not "in camera"?

Peregrinus

OK, sorry. Bit of confusion there. An audio recording is not a "transcript"; a transcript is a written document, created either from shorthand notes that were made as the proceedings went on, or from an audio recording. The audit recording of proceedings in Irish courts is usually called the "DAR recording". (If I ever knew what DAR stands for, I have forgotten.)

As a matter of law, the court service may make an DAR recording of court proceedings, but it's not required. As a matter of practice, DAR recording of court proceedings is routine unless, e.g. the proceedings are held somewhere where recording equipment has not been installed (which would happen, but not often) or there is some technical problem. In an individual case the judge can direct that a DAR recording must be made, or that it must not. Usually, there is no direction either way.

If a DAR recording exists, access for the parties to a copy of the audio or a hard-copy transcript is at the discretion of the judge. If you are granted access, there will be a fee to be paid.

So, in camera proceedings: there are no special rules. We've no way of knowing whether judges, or some judges, routinely direct that they not be recorded (to avoid a risk to the confidentiality of the proceedings) but I doubt that they do; it's useful for internal purposes to have the DAR recording. But I would imagine that applications for access to the recording, or transcripts of it, are very carefully assessed, since giving out copies or transcripts obviously does create a risk to confidentiality.

cml387

Digital Audio Recording

Peregrinus

https://www.boards.ie/discussion/comment/120446577#Comment_120446577

So a DAR recording is a Digital Audio Recording recording, like an ATM machine, PIN numbers and the HIV virus?

jumpingjackflash

https://www.boards.ie/discussion/comment/120446420#Comment_120446420

so if a request was made for an appeal to an in camera decision, it might be possible to get a copy of a transcript of the original hearing?

jumpingjackflash

or DAR

Peregrinus

It's certainly something the judge could allow, yes. But it's not an area that I have much experience in, and I don't know what the attitude of the judges to a request for access tends to be.

jumpingjackflash

https://www.boards.ie/discussion/comment/120446723#Comment_120446723

would you have an idea if it would be the original hearing judge or the appeal hearing judge who might make that decision?

Peregrinus

https://www.boards.ie/discussion/comment/120446731#Comment_120446731

It's the court in which the DAR recording was made that controls access to it. So if your case was in the District Court and you are appealing it to the Circuit Court, you go to the District Court to get access to the recording.

jumpingjackflash

https://www.boards.ie/discussion/comment/120446766#Comment_120446766

https://www.courts.ie/how-make-subject-access-request

"Any request for access to the record of court proceedings must be made by formal application to the trial judge in the proceedings, and on notice to the other party or parties to the proceedings.

It is a matter for the judge to decide whether, and in what format, access to a recording of court proceedings is provided"

so would this application be made to the judge who presided over the case in the district court as per your example?

Peregrinus

https://www.boards.ie/discussion/comment/120446928#Comment_120446928

Yes.