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Organizing and Managing Judicial Records for Efficient Legal Proceedings

Understanding the importance of organizing judicial records, this content discusses the custody and transmission of judicial records in pending cases, highlighting the necessity of proper preparation and documentation. It emphasizes the objectives of maintaining judicial records, defines key terms, and provides detailed instructions on the preparation, indexing, and transmission of judicial records. By following these guidelines, courts can ensure smooth legal proceedings and effective administration.

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Organizing and Managing Judicial Records for Efficient Legal Proceedings

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  1. CUSTODY & TRANMISSION OF JUDICIAL RECORD BY ILYAS SAEED CIVIL JUDGE/JUDICIAL MAGISTRATE MANSEHRA.

  2. Topic of the Day Custody & Transmission of Judicial record a) Pending Cases b) Mode of transmission c) Precepts of High Court High Court Rules And Orders Volume IV, Chapter 16

  3. Why do we need to organize? • It save you from many problems • It saves time and money • It reduces clutter • it’s easier to keep track of records • It makes efficient administration

  4. Why keep a Judicial Record (Objectives) • To document proceedings relating to cases in various Courts. • To preserve evidence, documentary or oral, submitted or produced in Court & orders thereon. • To have access to information regarding an issue or controversy brought in Court. • To make available all needed records to all concerned for just decision of the controversies. • To organize the record for preservation & its subsequent use as and when occasion arises.

  5. Judicial Record Definitions of: Judicial: Belonging to the office of a judge; as judicial authority. Relating to or connected with the administration of justice. Record: . Information captured in reproducible form required for conducting any transaction or activity. Word “record” is derived from Latin recordum, which means the testimony of a witness. Prout Patet Per Recordum: As appear by record. Records by their very nature provide proof of the activities of organizations.

  6. A Judicial Record is… • Dockets or records of judicial proceedings;. Documents filed or introduced into evidence in a court during a criminal or civil trial or pretrial proceedings qualify as “judicial record”.

  7. PREPARATION OF JUDICIAL RECORD • I – General Directions ; having been found guilty of gross negligence in maintaining judicial record properly. High Court directed Court below to initiate disciplinary action against officials responsible for not maintaining record of case • 1988 CLC 1873 Administrative staff

  8. CHAPTER –16 RECORDS PART A – PREPARATION OF JUDICIAL RECORD I – General Directions 1. Quality of paper to be used for applications, etc. 2. Paper to be used for English record. 3. Paper to be used for forms. 4. Paper to be used for vernacular records of Court. 5. Paper to be used for vernacular autograph records of Courts.

  9. No. 245 Opening Sheet of the Judges Autograph Record in a Civil Suit In the Court of _________ _________ (Name of Judge) Suit No. _______ 20 Plaint presented on the _______ 20 Name, Parentage, residence, and trade or occupation of the plaintiff Name, Parentage, residence, and trade or occupation of the defendant Brief description of the claim Value of suit for purposes of jurisdiction and Court fee Amount of Court fee on plaint

  10. 6- General Instructions for Preparation Of Judicial Record • (b) Margin to be left on either sides. • (c) how records should be tied and kept between stiff covers. • (d) English papers • (e) Exhibits. • (f) Abstracts to the case, evidence and Judgment (g) Number of pages (h) Handwriting.

  11. II — Index of Papers, Consigning and Checking of Record • 1 its contents, and such index should be in the prescribed form. 2. Directions as to preparation of index. 3. Index number on record. Withdrawal documents to be noted on index. . 4. Separate index for each part. Note about destruction and certificates.— 5. Precepts of High Court. 6 Consigning record to records-room.— Records of a civil appeal revision decided in a Sub-Judge specially empowered Index.—Each civil and criminal record should have prefixed to it an index of • • • • • •

  12. II — Index of Papers, Consigning and Checking of Record • 6. Checking of record by the record-keeper • 7. Checking of record on its passing from official to another.

  13. TRANSMISSION OF JUDICIAL RECORDS High Court Rules And Orders Volume IV, Chapter 16 Part B

  14. Pending Cases • Custody of Judicial Records. Part D.

  15. WHAT IS TRANSMISSION OF JUDICIAL RECORD? It is an act of transmitting/sending judicial records to another office. Files are carefully and securely packed to avoid unauthorized access, loss or damage in the transit.

  16. PART B – TRANSMISSION OF JUDICIAL RECORDS— • 1. Duplicate Challans. • 2. Checking of record. • 3. Docket to accompany records. • 4. Transmission of record to Appellate Courts in parts.— • 5. precepts of High Court. • 6. Quarterly list of record sent from record room but not returned.

  17. PRECEPTS OF HIGH COURT High Court Rules And Orders Volume IV, Chapter 20

  18. Code of Civil Procedure (CPC) Section 46. Precepts. (1) Upon the application of the decree holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment debtor and specified in the precept.

  19. Precept • Black’s law Dictionary • Precept .A standard or rule of conduct; a command or principle (several legal precepts govern here). A writ or warrants issued by an authorized person demanding another’s action, such as a judge’s order to an officer to bring a party before the court (the sheriff executed the precept immediately. •

  20. Precept Oxford advance Learner’s dictionary a rule about how to behave or what to think.

  21. PRECEPTS OF HIGH COURT CHAPTER 20 1. Language of precept. 2. language of endorsement of return. 3. Precept to be treated urgent. 4. Papers to be send to be entered in the dispatch register. 5. Dispatch of connected records 6. Checking of records received from High Court.

  22. 7. Transmission of records of High Court. 8. Packing of records sent. 9. Dispatch of connected records 10. Extract from settlement records 11. Requisition of records should be promptly complied with. 12. High Court notices to the promptly served

  23. • • • High Court Practice and Procedure File Movement Registers to be maintained: Order dated 14/03/1966 Vide Office Order No. 363-V.Z.7 dated 14thMarch, 1966, following instructions were issued. • File movement registers should be maintained for the movement of files within the branch as well as outside the branch. No file should be handed over or received without obtaining the signatures or initials against the entry pertaining to the file in the movement register. • The Superintendent of the branch should make frequent checks in order to ensure that the movement registers are being properly maintained in the branch. This should also enable him to have proper control and supervision over the work assigned to the various officials in the branch. • The record clerks and their daftaries alone should handle the record in the record room and no other member of the branch should be allowed to have access to such record. Al requisitions of record should be made through the record clerks who should not allow any file to go out of the record room without properly entering in the movement register. • Handing over of charge should not be considered as complete unless complete and full lists of all files and papers pending with the official transferred from the seat are prepared and have been duly checked and verified by the relieving official.

  24. II — Index of Papers, Consigning and Checking of Record • COURT OF___________IN__________DISTRICT CHALLAN OF FILES CONSIGNED TO DISTRICT RECORD ROOM • Clerk receiving the file with date Goshwara number with date 7 8 9 6. Checking of record by the record-keeper.—On receipt of the case in the record Date of dispatch of records to District Record Rooma Serial Num ber Case Number Names of parties Natur e of case Date of decision Name Of Village Basta In which records consigned Name Of Village Basta In which record s consig ned Name Of Village Basta In which records consigned Signa tures in full of Reco rd Roo m 1 2 3 4 5 6 7 9 9

  25. REGISTER OF MISCELLANEOUS PROCEEDINGS, & C. RECEIVED FROM THE OTHER DISTRICTS AND COURTS. 1 2 3 4 5 6 7 8 9 10 11 Serial No. District or Court from which proceed ings received . Date of receipt Name of parties Descrip tion of procee dings For what purpos e receive d. Date fixed for return of papers by the issuing Court. Interm ediate orders Date of return Abstract of final order Remarks

  26. REGISTER OF DISPATCH OF PACKETS AND LETTERS 1 2 3 4 5 6 7 Date of dispatch Description of document dispatched Date of document To whom addressed Name of dispatcher Signature of person receiving packet or letter Remarks

  27. LIST OF FILES ISSUED To the Court of________________ dated_________________ Number of file in issue register Record room No of file Name of Parties Description of case Date fixed for hearing Date on which the file left the record- room Verification of Ahlmad of Court 1 2 3 4 5 6 7

  28. REGISTER OF GENERAL ORDERS ISSUED IN THE JUDICIAL DEPARTMENT. 1 2 3 4 5 6 Number Date Department in which order issued Subject of order To whom sent and date Copy of order

  29. •The Receipt and Issue Branch shall maintain a separate register for each Section/Office in the Department containing the following heads:‐ From whom received S.No Communication Subject Acknowledgment Time initials of Section Officer, etc of receipt and No. Date 1 2 3 4 5 6

  30. •The heading in the Section Diary shall be as follows:‐ From whom received S. No Communication File No‐ Subject Movement of case at each stage it is sent out of Section. Final Disposal be also indicated No Date 1 2 3 4 5 6

  31. 29. The Section Clerk (where provided)/Section Assistant shall affix the Section Stamp on each receipt (whether received from the Receipt and Issue Branch or otherwise) and enter them in the Section Dairy on the same day they are received in the section. He shall at the same time enter the diary number of each receipt in the space provided for it in the Section Stamp, the form of which is given below:‐ Department ___________ Section________________ Diary No______________

  32. THANK Y0U

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