Notes, Judge's - Definition - Law Dictionary Home Dictionary Definition notes-judge-s

Definition :

Notes, Judge's. a judge usually takes notes of the viva voce evidence given during the trial of an action, and these are in practice always referred to on appeal, although they cannot be obtained as a matter of right. In criminal trials the judge must, it seems, take such notes and furnish them, in cases of appeal, to the Court of Criminal Appeal [(English) Court of Criminal Appeal Act, 1907, ss. 8 and 9(a); and Criminal Appeal Rules, 1908, r. 14]. At the trial or hearing of any action or matter in the county court in which there is a right of appeal, the judge, at the request of either party, shall make a note of any question of law raised, and of the facts in evidence relating thereto, and of his decision thereon, and of his decision of the action or matter. Any party to the action is entitled to a copy at his own expense [(English) County Courts Act, 1888, ss. 120 and 121]. See now County Courts Act, 1934 (c. 53), ss. 105, 108; and McGrah v. Cartwright (1889) 23 QBD 3, as to the duty of an appellant to supply copies for the use of the Court. See SHORT HAND NOTES.