Written arguments in criminal appeal
Querist :
Anonymous
(Querist) 23 September 2021
This query is : Resolved
Dear Sirs,
There is a criminal appeal against an acquittal, and the case has been dragging on for 5 years. Lawyer argued already but the judge was transferred and he argued again after the new judge came, However opposite party is simply dragging the case, may be they are waiting for this judge also to be transferred. One suggestion was to submit written arguments and leave it to the court. But lawyer has lost interest in this, earlier he did not object much when opposite party was taking adjourments on every date. Lawyer is already paid in full. Now can the party submit written arguments himself, or should it be with a lawyer only. Also as a layman, if there are any errors in wording or langauge, will that be a serious issue? Please comment.
K Rajasekharan
(Expert) 23 September 2021
It is a good idea to file written arguments before concluding oral arguments. But it requires good writing skills to structure and prepare the written arguments, so as to be acceptable to a judge.
A lay person may not be able to prepare the written arguments in the manner the document is expected to be prepared. So, it is always better to use the service of a lawyer to file the written arguments.
Some thoughts on how to prepare the written arguments have been jotted in to an article by me and it is available at https://lawwatch.in/tips-on-how-to-prepare-written-arguments/
P. Venu
(Expert) 23 September 2021
When appearing through a lawyer, the party cannot file written arguments. If party in person, he can. There are specified form or formalities for written arguments, but the content counts.
SHIRISH PAWAR, 7738990900
(Expert) 24 September 2021
Hello,
You can file written arguments in person. If you have any apprehension about "any error in language" in that case you can take the help of another advocate to overcome the mistakes.
Querist :
Anonymous
(Querist) 18 October 2021
Thank you all, really helpful. Awesome inputs.
