Author | Attorney Zhang Dengfeng
In court, a lawyer may suddenly be questioned by the judge: “Is the defense counsel taking notes during the hearing?” Defense counsel is not permitted to take notes in court; after the hearing, they may obtain a copy of the trial transcript. If on-the‑spot note‑taking is necessary, the defense counsel must first seek and obtain the presiding judge’s permission. In the face of such a situation, how should the defense counsel respond?
First, let us examine whether the law—understood in a broad sense—contains any explicit provisions prohibiting or restricting attorneys from taking notes in court.
In China’s relevant laws and regulations, there is no explicit, specific provision directly addressing whether lawyers may take notes in court; however, numerous laws, regulations, and rules clearly stipulate that lawyers have the right to review case files.
1. The Civil Procedure Law of the People's Republic of China
Article 64: Lawyers acting as agents in litigation and other litigation agents are entitled to investigate and collect evidence, and may review the relevant materials of the case. The scope and procedures for reviewing the relevant materials in this case shall be prescribed by the Supreme People’s Court.
2. Regulations of the Supreme People’s Court on Litigation Agents’ Access to Case Materials in Civil Cases
Article 1: Lawyers and other litigation agents representing civil cases have the right to review relevant case materials; however, the review of such materials…It shall not affect the adjudication of the case.；
Article 5: During litigation, a litigation agent’s access to case materials shall be limited to the original volumes of the trial and enforcement files, including the complaint, the answer,Court transcriptand various pieces of evidence, etc.; upon conclusion of the trial, one may review the official record of the case file.
Article 7: Litigation agents may make extracts or photocopies when reviewing case materials. For case materials involving state secrets, such review shall be conducted in accordance with relevant state regulations.
3. “Provisions of the Supreme People’s Court on the Public Disclosure of Trial Process Information by People’s Courts via the Internet”: Article 10 stipulates that court hearings, cross-examination, exchange of evidence, pre-trial conferences, investigation and collection of evidence, site inspections, interrogations, pronouncements of judgments, and other such proceedings…Minutes of litigation proceedingsIt shall be made publicly available to the parties, their statutory agents, litigation agents, and defense counsel via the Internet.
4. The Criminal Procedure Law of the People's Republic of China
Article 40: From the date on which the People’s Procuratorate commences its review and prosecution of a case, defense counsel may inspect, excerpt, and duplicate the case files.
5. Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China (Fa Shi [2021] No. 1)
Article 53: Defense counsel may inspect, excerpt, and duplicate case file materials. Records of deliberations by the collegial panel or the adjudication committee, as well as other materials that are not to be disclosed pursuant to law, shall not be inspected, excerpted, or duplicated. When defense counsel inspects, excerpts, or duplicates case file materials, the people’s court shall provide convenience and ensure sufficient time.Copies of case file materials may be made by means of photocopying, photographing, scanning, or electronic data copying.。
6. Regulations on Lawfully Guaranteeing the Rights of Lawyers to Practice
Article 2 The people’s courts, the people’s procuratorates, the public security organs, the state security organs, and the judicial administrative organs shall respect lawyers, improve the system for safeguarding lawyers’ practice rights, and, in accordance with the provisions of the Criminal Procedure Law, the Civil Procedure Law, the Administrative Procedure Law, and the Lawyers Law, lawfully ensure within their respective spheres of responsibility lawyers’ rights to be informed, to make applications, and to file complaints, as well as their rights to meet with clients,Marking papersthe right to practice in areas such as gathering evidence, questioning, challenging evidence, and presenting arguments; no one may obstruct lawyers from lawfully performing their duties of defense or representation.The legitimate rights of lawyers shall not be infringed.
7. The Rules of the People's Republic of China for Courtrooms of the People's Courts
Article 17 All personnel participating in court proceedings shall follow the instructions of the presiding judge or the sole judge, respect judicial etiquette, and observe courtroom discipline. The following conduct is prohibited:
(I) Clapping and making noise;
(II) Smoking, eating;
(III) Making or answering phone calls;
(IV)Recording, videotaping, photographing, or using mobile communication devices to disseminate information about court proceedings;
(V) Other acts that endanger court security or disrupt court order.
Prosecutors and parties to the proceedings shall obtain permission from the presiding judge or the single judge before speaking or asking questions.
Observers shall not enter the courtroom area, nor may they stand or move about at will, nor may they speak or ask questions.
Media reporters who, with permission, engage in the conduct specified in paragraph 4 of the first clause shall do so within the designated time and area and shall not disrupt or interfere with court proceedings.
The aforementioned legal provisions neither explicitly stipulate nor expressly prohibit attorneys from taking notes in court; however, a review of these legal provisions reveals that:
(1) Lawyers have the right to inspect case files;
(2) The scope of materials that an attorney may review in the case file includes the court transcript (which is part of the case file);
(3) The exercise of a lawyer’s right to review case files shall not impede the adjudication of the case.
(4) The law does not stipulate that access to the court transcript must be granted only after the conclusion of the hearing; on-the-spot recording is permitted.
(5) The methods for copying case file materials may include photocopying, photographing, scanning, and electronic data duplication; handwritten or computer-typed records also constitute a method of copying case file materials.
(6) Recording, videotaping, photographing, or using mobile communication devices to disseminate courtroom proceedings is prohibited.
(7) It is prohibited to obstruct lawyers from lawfully performing their defense or representation duties, and it is prohibited to infringe upon the lawful rights of lawyers.
Second, a lawyer’s on-the-spot courtroom notes constitute a lawful exercise of the right to review case files.
Since, according to the law, lawyers are entitled to inspect case files, and the court transcript is part of the case file, lawyers are naturally entitled to make copies of the court transcript. The content recorded by a lawyer during the trial—namely, the key points and details of the proceedings—constitutes, in nature, an abstract of the trial transcript and forms part of the official record. Since the method by which the lawyer records such information is either through handwritten notes or by typing and copying the transcript into a computer, and such practice does not violate any prohibitive provisions of the law, the lawyer is, of course, entitled to make on-the‑record notes.
Third, a lawyer’s act of taking notes in court is an essential safeguard for the lawful exercise of their rights of representation and defense.
Why do lawyers take notes in court?First, it is to ensure an accurate understanding of the trial proceedings. During the trial, there are numerous procedural steps, including statements from both parties, witness testimony, and questions posed by the judge. Recording these proceedings ensures that no critical details are overlooked, including the arguments and evidence presented by the opposing party, thereby enabling counsel to mount targeted rebuttals or responses in subsequent stages of the trial, such as the argument phase.
Second, it facilitates post-trial review. After the trial concludes, attorneys can review the entire proceedings based on the transcript, analyze their own and the opposing counsel’s performance during the trial, assess the effectiveness of their trial strategy, and gather relevant information to inform any potential appeal or subsequent hearing. Third, it is used for drafting legal documents. For example, in the case of pleadings, defense statements, and appeals, the on-the‑record transcript of the trial helps lawyers organize their thoughts, cite evidence and arguments presented during the proceedings, and ensure that their legal documents are more precise and persuasive.
Therefore, on‑the‑record note‑taking is a fundamental skill and right that enables lawyers to fully exercise their professional abilities in representation and defense during court proceedings. If lawyers are restricted or prohibited from taking notes in court, it is tantamount to soldiers going into battle without weapons—this is a right that lawyers must safeguard.
lawyer Introduction
Attorney Zhang Dengfeng
Senior Partner,
Deputy Director of the Zhiheng Center for Family Law and Wealth Succession Legal Services
Business Consultant, Legal Affairs Center, Zhiheng Company
Attorney Zhang Dengfeng has focused on criminal defense and corporate advisory for many years. He previously served as a court clerk at a Shenzhen court and has extensive experience as a corporate legal manager.
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Zhiheng Clarifies | Research on Mortgage Claims — What Should a Second-Priority Mortgage Creditor Do When the Property Is Insolvent?
Zhiheng Clarifies | Right of Residence—A Haven for Debtors Seeking to Evade Mortgage-Related Claims?
Zhiheng Clarifies | The Big Reveal About Filing Fees! How are court filing fees calculated in cases seeking confirmation of the validity of a contract, specific performance, or rescission of the contract?
Zhiheng Clarifies | Strategies for Expanding Case Sources and the Essence of Communication
Zhiheng Clarifies | How is the validity of a wager agreement with shareholders or the actual controller determined?
Zhiheng Clarifies | What should you do if you haven’t paid the required years of pension insurance contributions and therefore cannot receive retirement benefits?
Zhiheng Clarifies | When a guardian infringes upon the interests of the ward, how can the guardian’s liability be pursued?
Zhiheng Clarifies | May a defendant in an intellectual property infringement lawsuit file a counterclaim on the grounds of malicious litigation?
Zhiheng Clarifies | Several Issues Regarding Lawyers’ Individual Income Tax Annual Settlement
Zhiheng Clarifies | A Practical Analysis of Whether the “Big–Small Week” Work System Requires Payment of Overtime Wages for Public Holidays
Featured Case
Notable Case | Defense Strategies in a Virtual Currency Investment Trading Platform Case Accused of Fraud (Complete)
Notable Case | Respect for One’s Wishes in Life, Fiduciary Guardianship That Lives Up to Expectations — On the Final Judgment in the “Fruit Stall” Case
Featured Case | Practical Skills in Reviewing Accident Investigation Reports for the Crime of Major Responsibility Accidents
Notable Case | Illegal Transportation and Storage of Over 280 Jin of Explosives and 416 Detonators—Court Grants Probation (with Legal Opinion)
Featured Case | Company Sues Employee for 4 Million in Damages?
Notable Case | The ability to identify the specific contextual factors underlying a party’s conduct is crucial in determining whether an adverse statement has been distorted—illustrated by the case of A, concerning the determination of whether an introduction fee (from a co-defendant) was received in a money-laundering case.
Featured Case | How Can a Minority Shareholder Exit the Company by Exercising the Buyback Right?
Notable Case | Does the act of “issuing invoices on behalf of others” constitute a “nominee arrangement” under the law?
Featured Case | Breakup Dispute in the Name of Love
Featured Case | Practice Notes on a Labor Dispute Case
Featured Case | Examining the Conflict and Resolution Between Corporate Copyright and a Streamer’s Right of Publicity Through a Real-World Example — An Analysis of Compliance Cases in the Live‑Commerce Industry
Notable Case | If a debt is signed by only one spouse, is the other spouse obligated to repay it after divorce?
Featured Case | The Validity and Enforceability of a Shareholder Lock‑Up Agreement: The Case of Shandong [Company Name] Paper Industry as an Example — Enforcement of the Lock‑Up Agreement
Notable Case | The Law Does Not Protect Those Who Sleep on Their Rights—On the Statute of Limitations Through a Case Study
Notable Case | Insights into Judicial Standards for “Inability to Perform the Job” Through the Xiaomi Dismissal Lawsuit
Featured Case | Judicial Standards for the Assessment of Data-Scraping Activities as Seen Through a Weibo Unfair Competition Case
Featured Case | Strategic Approach to Filing a Criminal Complaint in a Financial-Product TR Platform Fraud Case
Notable Case | On the Determination of “Joint Infringement” in Trade Secret Infringement Cases: Insights from the “Melamine” Case
Zhiheng Perspective
Zhiheng Perspective | Chinese Lawyers Applying for Hong Kong Identity Cards — The Talent Admission Scheme for the Mainland
Zhiheng Perspective | Chinese Notarization on Entrustment — The Process for Hong Kong Companies to Establish Foreign-Invested Enterprises in Mainland China Through Chinese Notarization on Entrustment
Zhiheng Perspective | How Chinese Lawyers Can Assist in Opening Bank Accounts in Hong Kong
Zhiheng Perspective | Chinese Lawyers Applying for Hong Kong Identity Cards — The Elite Talent Category
Zhiheng Perspective | Understanding Chinese Notarized Power of Attorney
Zhiheng Perspective | Chinese Lawyers Applying for Hong Kong Identity Cards — The Elite Talent Scheme
Judicial Interpretation
Judicial Interpretation | The Supreme People’s Court has issued the “Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Liability for Ecological and Environmental Torts.”
Typical Case
Typical Cases | The Supreme People’s Court Releases Typical Cases of Crimes Endangering Pharmaceutical Safety
Laws and Regulations
Laws and Regulations | The Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security have jointly issued the “Guiding Opinions on Lawfully Punishing Illegal and Criminal Acts of Cyber Violence.”
Laws and Regulations | Administrative Reconsideration Law of the People's Republic of China
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Zhiheng · Chongqing
