In a legal context, a record refers to a formal and official document or account that serves as evidence of an event, transaction, decision, or legal proceeding. Records can take various forms, including written documents, electronic files, audio recordings, video recordings, or photographic evidence. They are created and maintained to provide an accurate and reliable record of past events or actions for purposes such as legal documentation, historical preservation, administrative record-keeping, or regulatory compliance. Records may be created and maintained by individuals, businesses, government agencies, courts, or other organisations, and they often have specific requirements regarding their creation, retention, access, and disposal. Records are commonly used as evidence in legal proceedings to establish facts, verify claims, or support arguments, and they may be subject to scrutiny, authentication, and admissibility requirements in court.
- v. (ree-cored) to put a document into the official records of a county at the office of the County Recorder or Recorder of Deeds. The process is that the document is taken or sent to the Recorder's office, a recording fee paid, the document is given a number (a document number, volume or reel number and page number), stamped with the date (and usually the time) of recording and then in most modern offices, microfilmed and the document returned a short time later. Normally recorded is any document affecting title to real property such as a deed, deed of trust, mortgage, reconveyance, release, declaration of homestead, easement, judgment, lien, request for notice of default, foreclosure, satisfaction of judgment, decree of distribution of a dead person's estates and sometimes long-term leases. These recordings provide a traceable chain of title to the property and give the public "constructive" notice of all interests in the property. In most states if there is more than one document affecting the property (such as two deeds, two mortgages, or a judgment and mortgage), the first one recorded has "seniority" and first claim on the property in what is called a "race to the courthouse."
- v. to write down or tape the minutes, financial transactions, discussions and other happenings at meetings.
- n. (reck-urred) in trials, hearings or other legal proceedings the total of the proceedings which are transcribed by a court reporter and included in the minutes of the clerk or judge, as well as all the documents filed in the case. On an appeal, the record includes everything that transpired before the appeal, upon which the written briefs (opposing legal arguments) and oral argument are based. On appeal, the court can consider only the record, unless there is a claim of "newly discovered evidence.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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