22 Article 38 Procedure Before the Court | The procedures before the Court shall be laid out in the Rules of Court, taking into account the complementarity between the Court and other treaty bodies of the Union. Article 39 Public Hearing The hearing shall be public, unless the Court, on its own motion or upon application by the parties, decides that the session shall be closed. Article 40 Record of Proceedings 1. A record of proceedings shall be made at each hearing and shall be signed by the Registrar and the presiding Judge of the session. 2. This record alone shall be authentic. Article 41 Default Judgment 1. Whenever one of the parties does not appear before the Court, or fails to defend the case against it, the Court shall proceed to consider the case and to give its judgment. 2. The Court shall before doing so, satisfy itself, not only that it has jurisdiction in accordance with Articles 28, 29 and 30 of the present Statute, but also that the claim is well founded in fact and law, and that the other party had due notice. 3. An objection by the party concerned may be lodged against the judgment within ninety (90) days of it being notified of the default judgment. Unless there is a decision to the contrary by the Court, the objection shall not have effect of staying the enforcement of the default judgment. Article 42 Majority Required for Decision of the Court 1: Without prejudice to the provisions of Article 50(4) of the present Statute, the decisions of the Court shall be decided by a majority of the Judges present. 2. In the event of an equality of votes, the presiding Judge shall have a casting vote.