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File Case In Trial Court

File case in trial court

When somebody has to approach a trial court for the first time, there is lot of nervousness as every thing is new. This article attempts to provide information on how a case is filed in a trial court so that one feels confident from day one of his or her legal battle.

The first and most important step is to draft the case on a word file. This case draft can be called a petition or suit or plaint, as per the relevant act under which the case is to be filed. Any good book on drafting can be referred for preparing the case draft. The most important thing is to capture all the relevant facts of the case along with the legal provisions. The details of drafting are not mentioned in this article, only an overview is given.

The main portions of the petition or suit or plaint contains:

  • Name of the Judge & the Court complex
  • Number of the case (like Civil Suit no. ____ of 2020). Case no. to be left blank as it will be allocated later.
  • Title of the case (like Name of Petitioner Vs Name of Respondent)
  • Name, Addresses, Mobile number & Email addresses of the client(s) and the opposite party/parties
  • Subject line with the specific act, sections, orders/rules under which the case has been drafted
  • Main Content or submissions made by plaintiff/petitioner
  • Submissions regarding the ’cause of action’ and the ‘jurisdiction’
  • Verification from plaintiff/petitioner stating that the contents of the plaint are true and correct.

Once the case is drafted on a word file, a case file needs to be prepared and submitted at the filing counter or in the concerned court directly. Following steps are involved in preparing a case file:

Step 1

After finalizing the case draft, the next step is to take the print out of the draft. In most of the courts, print out is taken on legal size white paper but in certain courts this paper is of green color. Make sure to check the requirement with the felicitation center of the concerned court.

Step 2

Along with the prints of the case draft, various other forms are to be attached like:

  • Case Information System Form, in which basic details regarding the case are to be filled
  • List of Documents Form, in which the list of all documents which the client has provided to support his case is to be mentioned
  • Vakalatnama, which is a document that authorizes an advocate to act on the behalf of the client

Note that different states may have different form(s) to be submitted along with the case. To know the exact information about these forms, felicitation center of the concerned court may be contacted.

Step 3

Once you have annexed all the prints of the case draft along with the forms and vakalatnama, then client’s passport size photo may be required to be affixed at some place in the case file (not mandatory in every court) and all the documents which you list in the form as mentioned in second bullet point of Step 2 above, are to be annexed. A copy of client’s address proof is mandatory. Along with that, any other relevant documents supporting the case is to be annexed.

Step 4

Now all the papers have been tagged so you need to number them and then get the sign of the client wherever required. In all the pages of verification in the case draft, the attestation of oath commissioner is mandatory.

Step 5

Now you need to affix the court fees stamp. The court fee varies from case to case and state to state.

Step 6

All the pages of the file are now complete. Now get two sets of photocopy of all the pages.

Step 7

Now get a file cover and on the front page of the file, mention following:

  • Name of the Judge & the Court complex.
  • Number of the case (like Civil Suit no. ____ of 2020). Case no. to be left blank as it will be allocated later.
  • Title of the case (like Name of Petitioner Vs Name of Respondent).
  • Specific act, sections, orders/rules under which the case has been drafted.

Keep the original case file pages and one photocopy set in this file cover. Now the case file is complete.

Step 8

Now submit the complete case file at the filing counter. If there is no filing counter, then the case file needs to be submitted in the concerned court room directly. Keep the second photocopy with you for your reference.

Step 9

When you file the case, the person who entertains your file will check all the details and let you know if there are any shortcomings. If there are any shortcomings, you need to remove those and file it again. Once the file does not have any shortcomings, the case will be filed and the first date of hearing will be given to you.

All done!! Now you prepare for the first day of hearing in which your main job will be to convince the Judge on the admissibility of the case.

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