26 September 2024
In this article we will tell you — what prevents you from correcting the minutes of the court session if there is an error in them and what actions to take to correct the violation.
Record sessions on a tape recorder
Although today almost all meetings are conducted with the use of audio recording, it is impossible to exclude technical failures or to insure against the technical impossibility of audio recording. After the fact (in the 2nd and 3rd instance) it is practically impossible to prove the incorrectly kept minutes if it lacks information significant for the party. Thus, in the following examples, the courts indicate that «the party did not submit comments on the protocol» and the protocol does not reflect the party’s claims, the party did not submit comments. We recommend checking the minutes and the audio recording after each hearing to avoid possible errors.
Request the case file for familiarization on the day of the hearing
Unfortunately, in arbitration proceedings it is not possible to review the minutes separately, we recommend requesting the entire case file (with a note that the minutes of the meeting are required). A party has 6 days (including the day of signing) to request an amendment. Case requests are reviewed in about 3-5 days and either send a scan or schedule a face-to-face review. It may well be that the party simply does not have time to file comments, then you can apply for restoration of the time limits. (Clause 7 of Article 155 of the APC).
Submit a motion with a transcript in the form of a table, if you have found inaccuracies, indicate them in your motion detailing the discrepancies (ideally in the form of a table where the columns would reflect in detail where and when there were inaccuracies). We recommend attaching a transcript of your audio recording. Keep in mind that when filing, you should state exactly what you want to correct and why; courts will recharacterize the application if you try to cheat by using other procedural tools to change the filing deadline.
Appeal to the higher court not the refusal to take into account the comments (it will not be accepted, it does not interfere with the course of the case), but the refusal to restore the term. The five-day deadline is subject to the general rule of good cause; it is the same procedural deadline. The following cases contain the practice of applying such an appeal.
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