record

1. verb

To commit to writing, to printing, to inscription, or the like. To make an official note of; to write, transcribe, or enter in a book, file, docket, register, computer tape or disc, or the like, for the purpose of preserving authentic evidence of. To transcribe a document, or enter the history of an act or series of acts, in an official volume, for the purpose of giving notice of the same, of furnishing authentic evidence, and for preservation. Shimmel v. People, 108 Colo. 592, 121 P.2d 491, 493

2. noun

A written account of some act, court proceeding, transaction, or instrument, drawn up, under authority of law, by a proper officer, and designed to remain as a memorial or permanent evidence of the matters to which it relates. People ex rel. Simons v. Bowling, 84 Misc. 201, 146 N.Y.S. 919, 920.

A memorandum public or private, of what has been done, ordinarily applied to public records, in which sense it is a written memorial made 'by a public officer. Nogueira v. State, 123 Tex. Cr.R. 449, 59 S.W.2d 831.

A computer printout qualifies as a "record" within business records exception to hearsay rule. American Oil Co. v. Valenti, 179 Conn. 349, 426 A.2d 305, 309.

The act or fact of recording or being recorded; reduction to writing as evidence, also, the writing so made. A register, a family record, official contemporaneous writing; an authentic official copy of document entered in book or deposited in keeping of officer designated by law; an official contemporaneous memorandum stating the proceedings of a court or official copy of legal papers used in a case. Shimmel v. People, 108 Colo. 592, 121 P.2d 491, 493. Records are generally admissable under Fed.Evid.R. 803.

See also Rules 901 and 902 (authentication), and Rule 1005 (public records).

See business entry rule.

The term "records" means accounts, correspondence, memorandums, tapes, discs, papers, books, and other documents or transcribed information of any type, whether expressed in ordinary or machine language. Securities Exchange Act of 1934, No. 3.

See also business (business records)

- congressional record

- court (court of record)

- defective record

- docket

- file

- Freedom of Information Act

- judgment book

- making record

- minutes book

- official record

- official records act

- of record

- public record

- sealing of records

- shop-book rule

- whole record test.

@ complete record

Such encompasses clerk's record, record of proceedings and all evidence. Springfield Coal Co. v. Meade, Ky., 430 S.W.2d 652, 653.

@ court record of proceedings

The official collection of all the trial pleadings, exhibits, orders and word-for-word testimony that took place during the trial. The "record" includes pleadings, the process, the verdict, the judgment and such other matters as by some statutory or other recognized method have been made a part of it. C. J. Tower & Sons of Buffalo, Inc. v. U. S., Cust.Ct, 347 F.Supp. 1388, 1389.

A written memorial of all the acts and proceedings in an action or suit, in a court of record. The official and authentic history of the cause, consisting in entries of each successive step in the proceedings, chronicling the various acts of the parties and of the court, couched in the formal language established by usage, terminating with the judgment rendered in the cause, and intended to remain as a perpetual and unimpeachable memorial of the proceedings and judgment. Such record in civil cases consists primarily of the "civil docket" (Fed.R.Civil P. 79); and in criminal cases of the "criminal docket" (Fed.R.Crim.P. 55).

See also docket

- transcript, and record on appeal, below.

@ courts of record

A court whose proceedings are recorded. Also a court of general jurisdiction. States vary as to the requirements and strata of courts qualifying as courts of record.

+ courts of record

Those courts whose proceedings are permanently recorded, and which have the power to fine or imprison for contempt

See also court (court of record).

@ debts of record

Those which appear to be due by the evidence of a court of record; such as a judgment, recognizance, etc.

@ diminution of record

Incompleteness of the record sent up on appeal.

See diminution.

@ judicial record

A precise history of civil or criminal proceeding from commencement to termination.

See docket.

@ nul tiel record

/nal tiyl rekard/

No such record. A plea denying the existence of any such record as that alleged by the plaintiff. It is the general plea in an action of debt on a judgment. Judgment of nul tiel record occurs when some pleading denies the existence of a record and issue is joined thereon; the record being produced is compared by the court with the statement in the pleading which alleges it; and if they correspond, the party asserting its existence obtains judgment; if they do not correspond, the other party obtains judgment of nul tiel record (no such record)

@

- public record

@ record commission

The name of a board of commissioners appointed for the purpose of searching out, classifying, indexing, or publishing the public records of a state or county

@ record date

The date on which a person must be registered as a shareholder on the stock book of a company in order to receive a declared dividend or, among other things, to vote on company affairs. Dividends are paid on payment date to those who own the stock on the record date

@ record of nisi prius

In England, formerly an official copy or transcript of the proceedings in an action, entered on parchment and "sealed and passed" as it is termed, at the proper office. It served as a warrant to the judge to try the cause, and was the only document at which he could judicially look for information as to the nature of the proceedings and the issues joined

@ record on appeal

In the practice of appellate tribunals, refers to the history of the proceedings on the trial of the action below (with the pleadings, offers, objections to evidence, rulings of the court, exceptions, charge, etc.), in so far as the same appears in the record furnished to the appellate court in the paperbooks or other transcripts. Hence, derivatively, it means the aggregate of the various judicial steps taken on the trial below, in so far as they were taken, presented, or allowed in the formal and proper manner necessary to put them upon the record of the court. This is the meaning in such phrases as "no error in the record," "contents of the record," "outside the record," etc. The official documentation of all the proceedings in court in a particular case, including the pleadings, exhibits and commonly the transcript of the examination of witnesses; may also include docket entries. Fed.R. App.P. 10(a)

@

- record owner

@ records of a corporation

Such records include the transcript of its charter and by-laws, the minutes of its meetings-the books containing the accounts of its official doings and the written evidence of its contracts and business transactions. U. S. v. Louisville & N. R. Co., 236 U.S. 318, 35 S.Ct. 363, 368, 59 L.Ed. 598.

@ trial by record

In old English law, a species of trial adopted for determining the existence or non-existence of a record. When a record was asserted by one party to exist, and the opposite party denied its existence under the form of a traverse that there was no such record remaining in court as alleged, and issue was joined thereon, this was called an "issue of nul tiel record," and in such case the court awarded a trial by inspection and examination of the record. Upon this the party affirming its existence was bound to produce it in court on a day given for the purpose, and, if he failed to do so, judgment was given for his adversary.

@ title of record

A title to real estate, evidenced and provable by one or more conveyances or other instruments all of which are duly entered on the public land records.

See also abstract of title

+ title of record

Evidence that real property is in the lawful possession of owner. Such title is acquired through a deed, a will, adverse possession, or eminent domain. The conditions of the title are found in a title search

@