Judicial Officer's Record Certifying Facts or the Condition of a Thing

Who May Draw Up a Judicial Officer's Record?

 

A Judicial Officer's Record may be drawn up by a judicial officer, as well as by a judicial officer candidate or a judicial officer trainee authorised to do so by a judicial officer. The record is prepared upon the request of a person who wishes to reliably document a particular fact or the condition of a thing.

 

Contents of a Judicial Officer's Record

A Judicial Officer's Record contains:

 

• identification of the judicial officer or, where applicable, the person authorised to draw up the record,
• the place and time of the event being certified,
• a description of the event or condition being certified – the person drawing up the record acts as a passive observer whose task is to provide qualified written testimony based on personal sensory perception,
• the place and date of preparation of the record,
• the signature and official seal of the judicial officer or, where applicable, the person authorised to draw up the record.

Immediately after it is drawn up, the Judicial Officer's Record is placed under seal and stored by the judicial officer.

 

When Can a Judicial Officer's Record Be Used?

A Judicial Officer's Record may be useful in various situations, for example:

 

• Certification of debt repayment – a debtor may use a Judicial Officer's Record to document the transfer of funds to a creditor.
• Certification of the condition of real property – for example, in connection with the purchase or sale of real property where its technical condition needs to be documented.
• Documentation of the course of an event or meeting – for example, where it is necessary to record a meeting between individuals, such as business partners.
• Certification of other factual events – for example, the handover of property, the signing of an agreement, and similar situations.

Costs Associated with Drawing Up a Judicial Officer's Record

The fee for drawing up a Judicial Officer's Record depends on the nature of the particular act. The arrangements concerning the judicial officer's remuneration and reimbursement of additional expenses are set out in an agreement between the judicial officer and the applicant.

The costs of drawing up a Judicial Officer's Record include:

 

• the judicial officer's remuneration – determined by a decree of the Ministry of Justice,
• reimbursement of out-of-pocket expenses – reimbursement of documented and reasonably incurred expenses, or agreed lump-sum amounts, as well as compensation for time spent,
• reimbursement for service of documents – where it is necessary for the judicial officer to serve documents in connection with the preparation of the record,
• value added tax (VAT) – where the judicial officer is a VAT payer.

 

What Are the Advantages of a Judicial Officer's Record?

A Judicial Officer's Record offers several advantages:

 

• Evidentiary value – owing to its status as a public instrument, it has significant evidentiary value, as its authenticity and accuracy are presumed, resulting in a shift of the burden of proof.
• Speed and efficiency – it provides a quick and effective means of ensuring transparency and securing evidence for judicial or other proceedings.
• Prevention of disputes – securing a strong evidentiary position helps prevent future disputes.

Conclusion

A Judicial Officer's Record is a useful instrument that helps strengthen legal certainty and protect the legal interests of the applicant, and, where appropriate, those of third parties. In this way, it also contributes to the protection of the public interest.