The Judicature and Application of Laws (Remote Proceedings and Electronic Recording) Rules, 2021
Section 3 is titled “Interpretation” and sits in Part II on remote proceedings.
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- The Judicature and Application of Laws (Remote Proceedings and Electronic Recording) Rules, 2021
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- en
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About this statute
Section 3 is titled “Interpretation” and sits in Part II on remote proceedings. Section heading on when remote proceedings may be directed. Section heading only: Appointment of remote proceedings assistants. This section is titled “Functions of remote proceedings assistants.” Section 8 is titled “Observers” in Part IV on remote hearing procedure.
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Provisions of The Judicature and Application of Laws (Remote Proceedings and Electronic Recording) Rules, 2021
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- 3 Verify source ↗
Interpretation
AI-assisted research summary: Section 3 is titled “Interpretation” and sits in Part II on remote proceedings.
3. Interpretation. PART II REMOTE PROCEEDINGS
Part
PART II REMOTE PROCEEDINGS
- 5 Verify source ↗
When remote proceedings may be directed
AI-assisted research summary: Section heading on when remote proceedings may be directed.
5. When remote proceedings may be directed. PART III REMOTE PROCEEDINGS ASSISTANTS AND OBSERVERS
Part
PART III
- 6 Verify source ↗
Appointment of remote proceedings assistants
AI-assisted research summary: Section heading only: Appointment of remote proceedings assistants.
6. Appointment of remote proceedings assistants. 1 Judicature and Application of Laws (Remote Proceedings and Electronic Recording) GN. NO. 637 (Contd.) - 7 Verify source ↗
Functions of remote proceedings assistants
AI-assisted research summary: This section is titled “Functions of remote proceedings assistants.”
7. Functions of remote proceedings assistants. - 8 Verify source ↗
Observers
AI-assisted research summary: Section 8 is titled “Observers” in Part IV on remote hearing procedure.
8. Observers. PART IV REMOTE HEARING PROCEDURE - 6 Verify source ↗
(1) Where circumstances so require, the
AI-assisted research summary: The court may appoint or direct a remote proceedings assistant when needed, but certain people cannot be appointed. The assistant must declare any interest, take an oath before proceedings start, and is entitled to reasonable pay.
6.-(1) Where circumstances so require, the court may direct that remoteproceedings be conducted with the help of a remote proceedings assistant. (2) The court may appoint any of the following as a remote proceedings assistant- (a) a judicial officer; (b) ajustice of peace; (c) a public servant; (d) a retired public servant; (e) a retired judicial officer; (f) an advocate or a State Attorney; (g) local government officer; (h) a diplomat; or (i) any other person the court may consider necessary to appoint. (3) A person shall not be appointed as a remote proceedings assistant if• (a) he is a minor; 5 Appointment of remote proceedings assistants Judicature and Application of Laws (Remote Proceedings and Electronic Recording) GN. NO. 637 (Contd.) (b) he is a person disabled by mental infirmity; (c) he has an interest in the proceedings; (d) he has a criminal record; and (e) he is untrustworthy or lacks integrity. (4) Where a person is appointed as a remote proceedings assistant and has an interest in the proceedings, he shall declare his interest. (5) A remote proceedings assistant shall be entitled to a reasonable remuneration determined by the Judiciary. (6) In criminal proceedings, remuneration for a remote proceedings assistant shall be paid by the Judiciary. (7) In civil proceedings, remuneration for the remote proceedings assistant shall be paid by parties on terms and conditions imposed by the court. (8) The remote proceedings assistant shall take oath before commencement proceedings according to the law governing oaths and affirmations. of remote Functions of remote proceedings assistant - 7 Verify source ↗
A remote proceedings assistant shall have the
AI-assisted research summary: A remote proceedings assistant must carry out specified support functions for remote hearings.
7. A remote proceedings assistant shall have the following functions: (a) to conduct in advance a test of the audio or video feed; (b) to ensure that the person he is assisting is available and ready at the premises earmarked for remote hearing at least 30 minutes before the scheduled time and he is well briefed beforehand on the courtroom practices and what entails remote proceedings; (c) to ensure that no other recording device is the one used for remote permitted except proceedings; (d) to ensure safety, physical and psychological well- being, dignity and privacy of the parties, their representatives and 6 Judicature and Application of Laws (Remote Proceedings and Electronic Recording) GN. NO. 637 (Contd.) witnesses; (e) to verify the identity of parties, their legal representatives and/or witnesses he is assisting; (f) to observe compliance with the provisions of rule 10 (h), G) and (l); and (g) to perfom any other functions as may be directed by the court. Observers - 8 Verify source ↗
(1) Observers may be allowed to attend remote
AI-assisted research summary: Observers may be allowed to attend remote proceedings, but only on conditions set by the court.
8.-(1) Observers may be allowed to attend remote Remote hearing and other procedural laws Remote hearing procedure proceedings subject to , .. , the conditions imposed by the court. (2) Where an observer attends remote proceedings, he shall be identified by the remote proceedings assistant and the purpose of his being present explained to the court. PART IV REMOTE HEARING PROCEDURE
Part
PART IV
- 9 Verify source ↗
Remote hearing and other procedural laws
AI-assisted research summary: This section is titled “Remote hearing and other procedural laws.”
9. Remote hearing and other procedural laws. - 11 Verify source ↗
Prohibition from publication, etc. of proceedings
AI-assisted research summary: This section is about prohibiting publication of proceedings.
11. Prohibition from publication, etc. of proceedings. - 16 Verify source ↗
Adjournment in certain circumstances
AI-assisted research summary: This section is titled “Adjournment in certain circumstances” and appears to sit within a part about electronic recording of court proceedings.
16. Adjournment in certain circumstances. PARTV ELECTRONIC RECORDING OF COURT PROCEEDINGS 1 7. Recording and storage of court proceedings. - 18 Verify source ↗
Request for copy of recorded court proceedings
AI-assisted research summary: This section concerns requests for a copy of recorded court proceedings.
18. Request for copy of recorded court proceedings. - 19 Verify source ↗
Official records of court
AI-assisted research summary: Section heading: “Official records of court” in Part VI on judgment, ruling, decree and order.
19. Official records of court. PART VI JUDGMENT, RULING, DECREE AND ORDER - 9 Verify source ↗
Save as provided for in these Rules, remote hearing
AI-assisted research summary: Remote hearing proceedings must follow the relevant procedural laws, except where these Rules provide otherwise.
9. Save as provided for in these Rules, remote hearing proceedings shall be conducted in accordance with the relevant procedural laws. - 10 Verify source ↗
Where proceedings are to be conducted remotely
AI-assisted research summary: This section sets out the steps and conduct required for remote hearings.
10. Where proceedings are to be conducted remotely- (a) the court shall, at least seven clear days before commencement of the hearing, notify the parties that the matter will be conducted by remote hearing; · (b) the notice under paragraph (a) shall state the date and time of the hearing, the relevant joining instructions for the remote hearing and a list of any other necessary requirements to facilitate the hearing; (c) at least three hours before commencement of the hearing, remote proceedings assistant, parties or their representatives shall be provided with the court's video conference link, password and instructions is applicable; the service whichever to access (d) the testing of the audio or video feed of each 7 Judicature and Application of Laws (Remote Proceedings and Electronic Recording) GN. NO. 637 (Contd.) party or their representatives shall take place before the allotted hearing time and before the presiding judge or magistrate joins the hearing; (e) the hearing shall start promptly at the scheduled time and the presiding judge or magistrates shall join the video conference or teleconference timely; (f) a party served with a notice of hearing and provided with the video link or instructions to access the service as per these Rules does not enter appearance without good cause, shall be deemed to have defaulted appearance and the relevant law governing non• appearance of parties shall apply; (g) parties and their representatives shall be ready for hearing at the scheduled time and any consultations between them shall take place before, and consultations during the hearing, if any, shall be subject to prior leave of the presiding judge or magistrate; (h) the solemnity of the proceedings shall be observed as closely as it is in a courtroom; (i) advocates and state attorneys attending the proceedings have to be dressed in a manner compatible with their appropriate rules of etiquette, and parties shall be properly dressed; G) the respective environment in which the court, parties and their Representatives are physically sitting, shall be conducive to court proceedings and background noises shall be avoided; (k) oath or affirmation by witnesses shall be administered according to the law governing oaths and affirmations; and (1) in the course of the hearing, the party, his representative and witness shall ensure that there is no interruption or distraction for the whole duration of the remote hearing. Prohibition from publication, etc. of proceedings - 11 Verify source ↗
Proceedings shall not be recorded, published or
AI-assisted research summary: Parties or anyone else must not record, publish, or broadcast proceedings unless prior leave is first obtained from the presiding judge or magistrate.
11. Proceedings shall not be recorded, published or broadcasted by any means or in any form by parties or any other person unless prior leave has been sought and obtained from the presiding judge or magistrate. 8 Judicature and Application of Laws (Remote Proceedings and Electronic Recording) GN. NO. 637 (Contd.) Reference to authorities Tendering of documents Tendering or real exhibits - 12 Verify source ↗
Where, in a remote hearing, a party wishes to refer to
AI-assisted research summary: In a remote hearing, a party who wants to rely on certain authorities must prepare an indexed, paginated electronic bundle and file it with the court, then serve it on the other parties in advance.
12. Where, in a remote hearing, a party wishes to refer to a judgement in any unreported case or a quote from any book or any other authority which the law and practice requires him to produce its copy in court, he shall prepare an indexed and paginated electronic bundle of the said authorities and present it to the court through the Judiciary Case Management System or any other means which the court may order and the same shall be served on all other parties or their representatives in advance of the proceedings. - 13 Verify source ↗
(1) Subject to the provisions of rule 5(2), a party
AI-assisted research summary: A party using video conference evidence must send the original hard copy to court in advance, serve certified copies on the other parties, and prepare a certified electronic copy for the hearing.
13.-(1) Subject to the provisions of rule 5(2), a party who intends to produce any document in evidence during the remote hearing by video conference shall send the original hard copy to the court by postal or any other way at least three clear days before the hearing. (2) The certified copies of the document referred to under subrule (1) shall be served on the other party or parties at least three days before the hearing. (3) A certified electronic copy of the relevant document referred to under subrule (1) shall be prepared in advance and stored in a device to be used for video conference. (4) When tendering the document, the witness shall do a screen sharing. - 14 Verify source ↗
(1) Subject to the provisions of rule 5(2),
AI-assisted research summary: In video-conference hearings, an exhibit must be with the witness or representative and shown on screen; after admission, it must be sent to the court at the party’s own cost as soon as practicable.
14.-(1) Subject to the provisions of rule 5(2), unless justice requires otherwise, an object sought to be tendered as an exhibit in a hearing by video conference shall be in the possession of the witness intending to tender it or his representative and tendering shall be by showing it or displaying it on a screen so that the court and the parties can see it. (2) Once the object is admitted, the party on whose behalf the object is 9 Judicature and Application of Laws (Remote Proceedings and Electronic Recording) GN. NO. 637 (Contd.) Adjournment of proceedings tendered shall, as soon as practicable, send it to the court at his own cost where it shall be endorsed accordingly. - 15 Verify source ↗
(1) The court may adjourn
AI-assisted research summary: The court may adjourn remote proceedings if there is a technical fault or another circumstance making adjournment necessary.
15.-(1) The court may adjourn the remote proceedings in the following circumstances: (a) where there is a technical fault; or (b) where for any other circumstance the court finds necessary to adjourn the proceeding. (2) Where proceedings are adjourned pursuant to subrule (1) of this rule and no necessary improvements can be made within reasonable time and without undue delay, the court shall make appropriate orders. Adjournment of proceedings in certain circumstances - 16 Verify source ↗
Where the court has directed the proceedings
AI-assisted research summary: If a hearing is already being held remotely and that mode becomes unsuitable, the court may adjourn and switch the case to another remote mode or to a conventional hearing.
16. Where the court has directed the proceedings to proceed remotely, and in the course of the hearing it is found that the remote proceedings or the selected mode- (a) is not appropriate; (b) cannot be continued without undue delay or expenses; or (c) for any other reason, it is not in the interest of justice to proceed with remote proceedings or a selected mode of remote hearing, it may adjourn the proceedings and order the same to proceed in another mode of remote proceedings or in a conventional way. PART V ELECTRONIC RECORDING OF COURT PROCEEDINGS Recordingand storage of court
Part
PART VI
- 20 Verify source ↗
Judgment, ruling, decree and order
AI-assisted research summary: This section is a heading for "Judgment, ruling, decree and order" and identifies the Judicature and Application of Laws (Remote Proceedings and Electronic Recording) Rules, 2021.
20. Judgment, ruling, decree and order. 2 Judicature and Application of Laws (Remote Proceedings and Electronic Recording) GN. NO. 637 (Contd.) THE JUDICATURE AND APPLICATION OF LAWS ACT (CAP. 358) ______ RULES ______ (Made under section 4) ______ THE JUDICATURE AND APPLICATION OF LAWS (REMOTE PROCEEDINGS AND ELECTRONIC RECORDING) RULES, 2021 Citation Application PART I PRELIMINARY PROVISIONS - 20 Verify source ↗
( I) The court may pronounce, date, sign and
AI-assisted research summary: The court may handle judgments, rulings, decrees, orders, or proceedings electronically and make them available to the parties through the Judiciary Case Management System.
20.-( I) The court may pronounce, date, sign and 11 Judicature and Application of Laws (Remote Proceedings and Electronic Recording) GN. NO. 637 (Contd.) sealing court records seal a judgment, ruling, decree and order or proceedings electronically and make them available to the parties electronically through the Judiciary Case Management System. (2) Where the judgment, ruling, order, decree or proceedings is signed and sealed in a conventional way, it shall be scanned and made available to the parties in a manner prescribed under subrule (1). Dar es Salaam, IBRAHIM HAMIS JUMA, 27th July, 2021 Chief Justice 12
Part
PART I PRELIMINARY PROVISIONS
- 1 Verify source ↗
These Rules may be cited as the Judicature and
AI-assisted research summary: These Rules may be cited as the Judicature and Application of Laws (Remote Proceedings and Electronic Recording) Rules, 2021.
1. These Rules may be cited as the Judicature and Application of Laws (Remote Proceedings and Electronic Recording) Rules, 2021. - 2 Verify source ↗
These Rules shall apply to the High Court and
AI-assisted research summary: These Rules apply to the High Court and subordinate courts in civil and criminal proceedings.
2. These Rules shall apply to the High Court and courts subordinate thereto in both civil and criminal proceedings. 3 Judicature and Application of Laws (Remote Proceedings and Electronic Recording) GN. NO. 637 (Contd.) Interpretion - 3 Verify source ↗
In these Rules, unless the context otherwise requires
AI-assisted research summary: This section defines key terms used in the Rules, including audio feed, equipment, audio-visual recording, electronic recording equipment, Judiciary, observer, remote proceedings assistant, teleconference, video conferencing, and video feed.
3. In these Rules, unless the context otherwise requires- "audio feed" means a flow of audio signals; equipment" means "audio-visual electronic media Cap. 2 Remote Proceedings approved by the Judiciary having both sound and visual component used to record court proceedings; "audio-visual recording" means sound and visual recording of court proceedings; "electronic recording equipment" means audio-visual or any other electronic devices approved by the Judiciary capable of recording court proceedings; "Judiciary" has the meaning ascribed to it under the Constitution of the United Republic of Tanzania; "observer" means any person who attends the proceedings, but has no active role in it; "remote proceedings assistant" means a person appointed under rule 6 to assist the court and parties in conducting remote proceedings; "teleconference" means a live audio communication through telephone or any other telecommunication device; "video conferencing" means a remote sound and visual appearance before the court; and "video feed" means a flow of video and audio signals. - 4 Verify source ↗
(1) The court may, on its own motion, or on an
AI-assisted research summary: The court may allow proceedings to be conducted remotely, either on its own motion or if a party applies.
4.-(1) The court may, on its own motion, or on an application by a party, allow proceedings to be conducted remotely. (2) Where the court directs proceedings to be conducted remotely, it may be conducted by any or a combination of the following methods: (a) electronic exchange of documents between the court and the parties through the Judiciary Case Management System; (b) the court's video conference system hosted or approved by the Judiciary but not any other video conference application; and (c) teleconference. 4 Judicature and Application of Laws (Remote Proceedings and Electronic Recording) GN. NO. 637 (Contd.) When remote proceedings may be directed - 5 Verify source ↗
(1) Unless it is impracticable and not in the
AI-assisted research summary: The court may direct a remote hearing in specified situations, but it must not use video conference or teleconference when a witness intends to tender an exhibit, subject to a limited exception for video conference.
5.-(1) Unless it is impracticable and not in the interest of justice to do so, the court may direct remote hearing- (a) where a party, his representative or a witness lives outside or within the jurisdiction of the court and his attendance cannot be procured without undue delay or unreasonable cost; (b) for security reasons of the witness; (c) for health reasons; and (d) for any other reason that the court considers necessary and appropriate. (2) Where a witness intends to tender an exhibit, the court shall not direct hearing by video conference, unless it is in the interest ofjustice to do so. (3) The Court shall not, under any circumstances, direct hearing by teleconference where a witness intends to tender an exhibit. PART III REMOTE PROCEEDINGS ASSISTANTS AND OBSERVERS
Part
PART V
- 17 Verify source ↗
(1) The court may, where electronic
AI-assisted research summary: The court may order proceedings to be recorded electronically if electronic recording equipment is available.
17.-(1) The court may, where electronic recording equipment is available, direct proceedings 10 Judicature and Application of Laws (Remote Proceedings and Electronic Recording) GN. NO. 637 (Contd.) proceedings to be recorded electronically. (2) Where proceedings are recorded electronically, they shall be preserved in electronic device or facility approved by the Judiciary assuring accuracy and trustworthy ofproceedings. Request for copy of recorded court proceedings GN. No. 247 of 2018 - 18 Verify source ↗
(1) The court shall supply a copy of electronic
AI-assisted research summary: The court must provide copies of electronic records of proceedings or transcripts when a party or interested person applies.
18.-(1) The court shall supply a copy of electronic record of proceedings or its transcript upon application by a party or an interested person. (2) A copy shall be supplied to an interested person upon approval by the registrar or the magistrate in-charge subject to payment of fees as prescribed under the Court Fees Rules, 2018. (3) The approval of the request by the registrar or magistrate in-charge under subrule (2), shall be subject to such conditions as to the use ofthe copy of the electronic record and its transcript so supplied. (4) The supplied copy of the electronic record and its transcript shall be certified by court as a true record of the court. Official Record of court - 19 Verify source ↗
(1) The electronically recorded proceedings
AI-assisted research summary: The electronically recorded proceedings and its transcript are the court’s official record.
19.-(1) The electronically recorded proceedings and its transcript shall be official record ofthe court. (2) In the event of conflict between the electronically recorded proceedings and its transcript the electronically the custody of the court shall prevail. recorded proceedingunder PART VI JUDGMENT, RULING, DECREE AND ORDER Signing and
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