Monday 16 October 2023

IMPORTANT POINTS TO BE CONSIDERED IN MOOTING


IMPORTANT POINTS TO BE CONSIDERED IN MOOTING

Certain words should be used at the time of mooting :

-For a male judge – Yourlordship/ My lord

-If bench of judges is there or two or more judges then - Hon’ble bench.

-For a female judge- Yourladyship.

-Appellants and respondents both will represent themselves as- Counsel and their second speaker as co- counsel.

-The opposite party is represented as – Learned opponent counsel

-For taking permission from the judges to move towards podium – Counsel humbly seeks permission to approach the podium.

-After reaching at the podium – Much obliged Yourlordship/ Yourladyship.

-Whenever judge asked any question in between from the speaker ; before giving answer- Much obliged Yourlordship/ Yourladyship.

-If counsel wants to agree to the view of judge and too wants to keep his point in the front of the court - Indeed, Yourlordship, but counsel humbly submits that….

-For addressing court – Hon’ble Court

-If counsel don’t know the answer asked by the judge – Counsel humbly seeks ignorance on this issue.

-Judge asked a question and you can’t get it or unable to understand then speaker will say- Pardon My lord/ Yourlordship / Yourladyship.

-Before saying any argument in front of the Court – The counsel humbly submits/ Yourlordship it is humbly submitted that…

-Speaker 1 while starting with his arguments- A very good morning/ good afternoon Yourlordship / Yourladyship/ Hon’ble bench. The counsel seeks humble pleasure in appearing before this hon’ble court in the case of…………..
For showing case to the judge mentioned in a book or commentary- Counsel humbly request to please refer the case of ( A v. B)

-2nd Speaker ending with prayer before leaving the podium – Thank you, Yourlordship it’s been an honour to argue before this hon’ble Court.

-If your time for speaking gets over and you need more time for arguments- The counsel humbly requests for the extension of time.

-For thanking judge – Much obliged Yourlordship / Yourladyship/ Yourlordships / Yourladyships. 

-For taking permission of rebuttal from the judges- Counsel humbly seeks permission to start the rebuttal.



RULES:
Never try to approach the desk of the judge.

Don’t argue on any point simply keep your view point and move ahead with the arguments.

Try to end the arguments in the given time, avoid time extension. When judge will ask question in between the arguments then that time will be excluded from your speaking

Don’t point finger towards the judges. 

If the counsel standing at the podium don’t know the answer and he turn to his co-counsel for the answer then co-counsel will simply write it on a paper and handover it to the speaker.

The counsel must be in proper uniform with their ID Cards and tie.

At the time of standing at the podium and speaking always be in attention position with either hands back or keeping one hand at the podium and other at the back.

For giving any book to the judge, the co- counsel or researcher will silently stand up from the seat and pass it to court officer and then court officer will pass it to the judge.

The counsel standing at the podium will not leave the podium before completion of his or her time.

Don’t be loud, be clear at your points and audible to all.

Have a control on your tongue and don’t speak Hindi in between .
Be conscious when judge is asking any question and always keep an eye contact with the judges

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