Can a defendant speak in court, while argument session
niky......
(Querist) 15 September 2013
This query is : Resolved
During an argument session, if a lawyer miss out on some point/ or if defendant remembers an important point which was not discussed earlier with the lawyer; can the defendant plea to talk about that point in the court by taking permission of judge?
Thank you.
Ms.Nirmala P.Rao
(Expert) 15 September 2013
Dear Client,
Yes, with the permission of the Judge, who is hearing your case, you can talk about the important point, which your lawyer has forgotten during argument stage of your case..
Regards.
Ms.Nirmala P.Rao
Legal Expert
Dr. Jyothi Vishwanath
(Expert) 15 September 2013
You can also put that point in paper and pass it to your advocate. He can argue that on your behalf.
ajay sethi
(Expert) 15 September 2013
you cnanot address the court directly . if your lawyer has missed out some important points you can draw attention of your lawyer to said issues . once you have engaged a lawyer he has to address court only . if court ask you some questions you can furnish the clarifications sought by the court
Dr. Jyothi Vishwanath
(Expert) 15 September 2013
Agreed to Sethi jii. Advocate represents you in the court. So he has to talk in the court.
I think defendant thinking he is more intelligent than the advocate.
May be if defendant talks directly to court, he may end up harming his own case as advocate knows better law than the defendant...Most of the times...
R.K Nanda
(Expert) 15 September 2013
agree with sethi.
niky......
(Querist) 15 September 2013
Thank you all experts for your reply and clarifying.
Ms.Nirmala P.Rao
(Expert) 15 September 2013
Dear Client,
Sometimes it turns out that a lawyer's client knows more about law and its presentation before the court because of his interest in law and his case or legal qualifications etc and also he maybe more intelligent than the lawyer in law. Party in person also can argue his own case if he knows legal nuances. So with court's permission or by drawing his lawyer's attention to the forgotten points he can represent his cause before the court.
Ms.Nirmala P.Rao
Legal Expert
HJyderabad
V R SHROFF
(Expert) 15 September 2013
I support the view of Shri Sethi.
Judge may allow it and hear at his pleasure, on seeking permission of the Lordship. It is abnormal, and against procedure.
Only Adv can address the Court, normally. .
niky......
(Querist) 15 September 2013
Thank you very much Ms. Nirmala & Mr. Shroff.
Raj Kumar Makkad
(Expert) 16 September 2013
Well advised y experts so no more to add.