THE CASE FOR VERBATIM ARGUMENT TRANSCRIPTS IN COURTS

Abstract

Verbatim transcripts of arguments are a regular feature of trial Courts in the United States. Besides acting as a device to eliminate bias, unfair practices and browbeating on all sides, verbatim transcripts serve as a useful tool for everyone concerned with the trial process and also as a reference for appellate purposes.  

In the present system followed in Indian Courts, the presiding officer records a daily sheet or roznama where the bare minimum effective developments in each matter are recorded. The presiding officer not only enjoys complete control over what is recorded in the daily sheet, but such record at times is the only available account of what transpired in Court. The recording of verbatim proceedings within Courts becomes relevant in cases where certain developments which are significant to the justice of the case take place, but are left out either inadvertently or because there is no rule for the recording of such developments unless certain reports are filed.  

Even in the case of judgments passed by judges after considering the entire record and after noting down oral as well as written arguments which counsel for adverse parties may file before the Court, certain matters of significance may be left out if not noted down by the presiding judge in his/her note sheet, which is a voluntary act. Verbatim records would serve as a useful resource even to the trial Judge who cannot note down each and every word that is uttered in the Court room during hearings, but who could benefit immensely from referring to such a record of arguments, in finding the crux of the submissions and arguments made in the Court room. The verbatim transcript and written arguments can supplement each other in the process of identifying the crux of a dispute and assist in arriving at a wholesome adjudication. Verbatim record is maintained in institutions other than Courts, viz. Parliaments and Legislative Assemblies.  

The purpose of this article is to explore the practical importance and utility of Verbatim Argument Transcripts in Court proceedings.