Written Arguments

The case in writing, on the record — and it must be in before you stand up.

Order XVIII Rule 2(3A), Code of Civil Procedure, 1908

A party must submit concise written arguments under distinct headings within four weeks before oral arguments begin. They form part of the record.

It must contain

01Filing within four weeks before oral arguments commence — Order XVIII Rule 2(3A).
02Distinct headings, so the court can follow the structure without reconstructing it.
03Argument tied to the issues as framed, issue by issue.
04Each proposition supported by the authority it rests on, cited properly.
05A copy furnished to the opposite party at the same time as the court.

Where it fails

A restatement of the plaint. Written arguments are argument, not pleading repeated.
Authorities cited without the proposition they are cited for.
Arguing a point that was never an issue, and never put in cross-examination.

Read beside it

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