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Statutes of Newfoundland 1994


CHAPTER 29

CHAPTER 29

AN ACT TO AMEND THE RECORDING OF
EVIDENCE ACT

(Assented to December 16, 1994)

Analysis

1. S.2 Amdt.
Definitions

2. S.5 R&S
Preparation of transcripts

3. S.7(3) Added
Filing of sound records

4. S.9 Added
Standards of competency

5. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN1990 cR-7

1. Section 2 of the Recording of Evidence Act is amended by renumbering paragraph (a) as paragraph (a.1) and by adding immediately before paragraph (a.1) the following:

(a) "appellate court" means the Court of Appeal, the Trial Division or the Provincial Court;

2. Section 5 of the Act is repealed and the following substituted:

Preparation of transcripts

5. (1) An official court reporter, employee of the court or a person referred to in subsection (2) or (3) may prepare a transcript of the whole or a part of

(a) a sound record made under section 3 and certified under section 4; or

(b) a copy of a sound record reproduced under section 6

and, where the official court reporter, employee of the court or person referred to in subsection (2) or a person preparing a transcript under subsection (3) does so, he or she shall attach to the transcript his or her affidavit stating that it is a true and correct transcription of the sound record or part of it and the transcript shall then have the same effect as the original evidence.

(2) The Department of Justice may, with the approval of the appellate court, contract with a person, other than an official court reporter or employee of the court, for the purpose of subsection (1).

(3) Where a party to a proceeding intends to appeal a decision and that party obtains an order from the appellate court, that party may, in accordance with the terms and conditions contained in the order, arrange to have a person prepare a transcript of the whole or a part of a copy of a sound record reproduced under section 6.

3. Section 7 of the Act is amended by adding the following immediately after subsection (2):

(3) Notwithstanding subsection (2), a copy of a sound record made under section 6 may be released to a person who requests it.

4. The Act is amended by adding immediately after section 8 the following:

Standards of competency

9. The rules committees referred to in section 54 of the Judicature Act may establish a minimum standard of competency for court reporters, other employees of the court and persons referred to in subsections 5(2) and (3).

Commencement

5. This Act comes into force on January 1, 1995.

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