Protocol in Civil Procedure: Some Aspects of Judicial Communication and the Principle of Immediacy

Abstract

The article reviews the court records as a tool to ensure the fixation of communication between the court and the participants of the process, and also defines its role in the appeal court proceedings. The author analyzes the existing approaches to the combination of recording facilities and criticizes the point of view on the use of audio-recording as the main way to record the court proceedings. Despite the identified disadvantages of audiorecording, the author concludes that it is impossible to return completely to the written record of the court proceedings and as a solution to overcome the shortcomings proposes the use of speech recognition technology to prepare a text record of the court session. According to the author, such a reformation of the civil process will reduce the burden on the court system employees and, at the same time, ensure the implementation of the principle of immediacy in the proceedings in the court of appeals.