6.2 What does the term ‘document’ mean?

The term ‘document’ in relation to a civil proceeding includes any written material in the custody or control of the court that relates to a proceeding, whether or not kept on a court file and includes documentary exhibits, video recordings, records in electronic form, films, photographs and images in electronic form. It excludes notes made by or for a judge for his or her personal use and any material that relates to the administration of the court.

The term ‘document’ in relation to a criminal proceeding, means a document in any form (including a document in an electronic form) and includes:

  • any writing on any material
  • information recorded or stored by means of a tape recorder, computer, or other device
  • material subsequently derived from information recorded or stored by means of a tape recorder, computer, or other device
  • labels, markings, or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means
  • books, maps, plans, graphs, or drawings
  • photographs, films, negatives, tapes, or any other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced.

In relation to an ‘appeal’, the term ‘document’ means a document in any form that is in the custody or control of the court and that relates to an appeal, whether or not the document is on a court file.

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