Hari's Corner
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Hari
Posted on Sat, Apr 28, 2012 at 16:13 IST (last updated: Sun, Apr 29, 2012 @ 07:33 IST)
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- State the facts of the case, not the law pertaining to it
- The general rule of pleadings, observed in most common law jurisdictions is that pleadings should contain relevant statements of facts and material particulars. Points of law may be mentioned very briefly if absolutely necessary, but they should be kept to a minimum. Pleadings should almost never contain legal arguments. Unfortunately quite a few lawyers tend to become excessively verbose when it comes to points of law and feel the need to insert legal arguments in between the facts of the case. This reduces readability and makes it harder to grasp the facts.
- Stay relevant and on the topic
- Focus is important, as is relevancy to the issues between the contesting parties which is sought to be brought to the notice of the Court. Sometimes, in explaining one fact, it is easy to go into too much background history which may not be necessary to the case. On the other hand, a little background information is always a good thing - particularly in order to explain the nature of the dispute.
- Numbered paragraphs are better
- Legal pleadings are often used to complement the legal arguments that are made in front of the Judge and often, the Judge can follow the pleadings far more easily if each paragraph is numbered properly. A good practice is not to state more than one important fact in a single paragraph.
- When replying to a pleading, always refer to the point in dispute
- In reply pleadings, it is very important to answer the opposite party's case point-by-point and denying or admitting the contentions made in the other. This is also one reason why numbered paragraphs are a good idea. It is far easier to reply to each averment by referring to the paragraph number. It also makes it easier for the Judge to understand and follow the case.
- Avoid unprofessional language
- Pleadings are meant to be dignified and unemotional. Using too much slang is to be avoided. It is also better to thoroughly check for spelling and grammar mistakes before finalizing the proof. Again, name calling and repeated legal threats in a pleading make little sense and is best avoided. Keep the language simple, but professional.
- Coherency in narration
- A pleading is a narration of facts that form the basis of a case. Pleadings should be coherent and explain the dispute in a manner that makes sense and is understandable. Unlike in literature, stylistic narrative techniques are to be avoided at all costs.
- Avoid evidentiary notes
- Almost as important as avoiding legal arguments. Evidence is separate from alleged facts. Any pleading should not refer to the evidence, but should stick to the facts alone. Evidence is brought out in the trial of a case, by the examination and cross-examination of witnesses and the production of supporting documents. Of course, pleadings can refer or point to any documents that are relied upon to support facts briefly, but pleadings cannot be a substitute for the actual evidence. Depending on the requirements of law, pleadings may have to contain a list of annexed supporting documents as well.
- conforming to the proper format that is accepted by the court - name of the court, case number, jurisdiction, parties to the suit and so on in the proper order.
- revealing the causes of action and the relevant dates when such causes arose clearly and explicitly.
- such other necessary information as necessary such as court fee paid, damages and other reliefs sought and so on.
- statutory declarations as may be required as a matter of form: for instance, declaring to the court that no other case relating to the same causes of action is pending in any other court etc.
In this series
- Why Contempt of Court ought not be diluted or removed
- In favour of retaining criminal defamation laws
- Supreme Court upholds freedom of speech
- The slippery slope of "Justice"
- The concept of preliminary objections in Law
- The Art of being in Two Places at once
- Interpreting Law and its pitfalls
- Drafting legal pleadings - an overview
- The art of drafting contracts
- Two methods of learning in the legal profession
- பாரம்பரிய அறிவும், அறிவுசார் சொத்துரிமைச் சட்டமும்
- வீண் பேச்சால் விபரீதம்
- Law and paperwork go together like bread and butter
- ஒரு வழக்கை நடத்துவதற்கு ஏன் வழக்கறிஞர் தேவை?
- The 3 Ds of the legal profession
- Is occasional swift justice a failure of law?
- Contempt of Court - an overview
- Chemical pollution caused by industries: why they invite heavy sanctions
- Business law - the most boring aspect of law
- Legal ethics: how can a lawyer defend the guilty?
- Criminal jurisprudence and the presumption of innocence
- Is tolerance a legal virtue?
- Road accident cases - how to deal with emergencies
- Blogging in anger and its legal implications
- Common wrong assumptions by amateur internet "lawyers"
- On Legal Opinions
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