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District Court judgements

  • 07-10-2019 9:41pm
    #1
    PanicStations
    Registered Users, Registered Users 2 Posts: 121 ✭✭


    Can someone tell me where District Court judgements are published online? I tried looking on courts.ie and beta.courts.ie but could not find them.
    Thank you


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    The District Court doesn't deliver judgments. It doesn't have the power to create a binding authority so it would be pointless for it to have judgments, which take time to compile and really would in many cases simply serve as a stick with which to beat the author.

    I'm not even sure a District Judge would be allowed to publish such a thing if they did for some mad reason decide to write a decision down.


  • #3
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,571 Mod ✭✭✭✭Robbo


    PanicStations wrote: »
    Can someone tell me where District Court judgements are published online? I tried looking on courts.ie and beta.courts.ie but could not find them.
    Thank you
    On the new Courts Service website, just select District Court as the jurisdiction and hit the search button.

    There was a move a couple of years ago to publish DC judgments in relation to childcare as part of a project so that's all there is.


  • #4
    PanicStations
    Registered Users, Registered Users 2 Posts: 121 ✭✭PanicStations


    If the decisions (for non-childcare cases) are not posted online, where can I find them? If I wanted to find out what a judge said about a case, where would I go to find this?


  • #5
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    PanicStations wrote: »
    If the decisions (for non-childcare cases) are not posted online, where can I find them? If I wanted to find out what a judge said about a case, where would I go to find this?

    newspaper reports


  • #6
    PanicStations
    Registered Users, Registered Users 2 Posts: 121 ✭✭PanicStations


    Ah, that's what I was afraid of, there were no reporters in the court for the case I'm concerned with.

    It's not stored in any archive or suchlike?


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  • #7
    Victor
    Registered Users, Registered Users 2 Posts: 78,490 ✭✭✭✭Victor


    PanicStations wrote: »
    It's not stored in any archive or suchlike?
    There is, but it's private. Unless you are a party to the case access would be a Very Difficult Thing™. Getting access would at a minimum mean engaging a solicitor and applying to the the court with a Very Good Reason™.

    If you are a party to the case, your legal advisors may have details of the case on file.


  • #8
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,344 ✭✭✭NUTLEY BOY


    If a DC civil action goes to a verdict can OP ask the DC Clerk for confirmation of the actual verdict e.g. decree for the plaintiff on a finding of 100% liability against the defendant.

    I presume that the DC is actually a court of record and that you can use the verdict to establish res judicata. e.g. a finding of 50/50 as between plaintiff and defendant binds them similarly in respect of any other claims arising from the exact facts in issue.


  • #9
    coylemj
    Registered Users, Registered Users 2 Posts: 25,492 ✭✭✭✭coylemj


    PanicStations wrote: »
    If the decisions (for non-childcare cases) are not posted online, where can I find them? If I wanted to find out what a judge said about a case, where would I go to find this?

    You mentioned reporters not being in court so I assume this is a criminal case. The only thing recorded in the DC in such cases is the judge's decision and the penalty (if any) imposed, not anything that the judge or any witness said.

    Judges in the District Court can mouth off all they like, give out to the OPW about the place being cold, berate witnesses for lying etc. but there is no court official paid to record what they say.

    If there was no reporter there to record the proceedings, you're not going to find what you're looking for.


  • #10
    Victor
    Registered Users, Registered Users 2 Posts: 78,490 ✭✭✭✭Victor


    You might have a look at http://www.courts.ie/Courts.ie/Library3.nsf/PageCurrent/0C2BB029A1157BA780257FC0004E8631?opendocument&l=en
    coylemj wrote: »
    The only thing recorded in the DC in such cases is the judge's decision and the penalty (if any) imposed, not anything that the judge or any witness said.
    In the Criminal Courts of Justice (and likely other modern court houses), I understand all court hearings are recorded using Digital Audio Recording (DAR). http://www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/EABA8BDF656AE9738025756D005A2B44/$FILE/Digital%20Audio%20Recording%20-%20February%202009.pdf


  • #11
    coylemj
    Registered Users, Registered Users 2 Posts: 25,492 ✭✭✭✭coylemj


    Victor wrote: »
    You might have a look at http://www.courts.ie/Courts.ie/Library3.nsf/PageCurrent/0C2BB029A1157BA780257FC0004E8631?opendocument&l=en

    Where does it say that proceedings in the DC are recorded?
    Victor wrote: »
    In the Criminal Courts of Justice (an likely other modern court houses), I understand all court hearings are recorded using Digital Audio Recording (DAR). http://www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/EABA8BDF656AE9738025756D005A2B44/$FILE/Digital%20Audio%20Recording%20-%20February%202009.pdf

    Page 2 .....

    Pilot and First Live Phase

    DAR was tested in a pilot project in 2008. The pilot project was successful and as a result DAR was used in live cases in the Circuit Criminal Court, the Central Criminal Court and High Court Family Law courts from October 2008.


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  • #12
    Victor
    Registered Users, Registered Users 2 Posts: 78,490 ✭✭✭✭Victor


    coylemj wrote: »
    Where does it say that proceedings in the DC are recorded?
    I'll rephrase. I understand in the Criminal Courts of Justice (and likely other modern court houses), all courtrooms have Digital Audio Recording (DAR). As to whether it was used in a specific case is another matter.


  • #13
    coylemj
    Registered Users, Registered Users 2 Posts: 25,492 ✭✭✭✭coylemj


    Victor wrote: »
    I'll rephrase. I understand in the Criminal Courts of Justice (and likely other modern court houses), all courtrooms have Digital Audio Recording (DAR). As to whether it was used in a specific case is another matter.

    Get off the fence, are procedings in the DC recorded or not?


  • #14
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    coylemj wrote: »
    Get off the fence, are procedings in the DC recorded or not?

    DAR has been in use in District Courts for several years now, all courts use it in the state.

    There are often applications made for release of DC recordings for use in appeals and JRs, getting them however is not always easy.


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