May it please the Court...!!!!

We noticed that our junior most batch is struggling through the basics of mooting and court mannerism which we duly acknowledge and respect, hence the following post is for all the green horns in the mooting world where you will find some mooting tips that might help you when you enter the court room... 

All the best.!! 

1. How to open?

Once you are on the podium, you start with "May it please the Hon'ble court.?" And then you wait for a reply, if you get a yes, proceed to the second level after saying "much obliged your lordship/ladyship", if the answer is a no, then say. "the counsel is appearing before this hon'ble court, under the purview of section XYZ of Civil/criminal Procedure code or Article ABC of the constitution as per which this Hon'ble court has the jurisdiction to listen to the said matter" Then you will definitely get a yes, and hence you proceed saying "Much Obliged your Lordship or ladyship"

2. What next?

2.1 "Your lordship/ladyship the counsel along with the co-counsel is appearing on behalf of the Plaintiff/defendant in the matter of X v. Z"

2.2 "your lordship/ladyship, during the course of this argument the counsel would be dealing with issues no. 1 and 2 (or whatever your split is) and would be taking ___ minutes of the court's precious time and the co-counsel would be dealing with issues no. ___ and ___ and would be taking ___ minutes of the court's precious time, and ___ minutes being reserved for rebuttals."

3. following which....

We are usually told to begin with "If your lordship/ladyship are well versed with the facts and satisfied with the jurisdiction clause, may the counsel proceed to the first issue."

Which I personally not in favor of, 8/10 times the Lordship/ladyship are not aware about the facts and there is no point asking whether they are satisfied with the jurisdiction clause or not, this goes against you, never talk about the jurisdiction unless asked.

So this is how I start, "if your lordship/ladyship may please the counsel would like to brief your lordship/ladyship with the facts of the case." If yes then "Much obliged your lordship/ladyship", if a no then "Indeed" and proceed to the issues. (Don't waste more than a minute on it.!)

4. After which we start with our issue, "the first issue at hand being, that..... (should be affirmative).

And then you go on and on and on........

But always remember---:

•      If there is a lady judge along with a male judge, before proceeding always seek her permission, "may the counsel collectively refer the bench as your lordships??" and then and only then proceed, else your ladyship might not like it, moreover always have a smiling face, whenever you address her, that helps, trust me!! 
• Secondly, never interrupt a judge when he or she is speaking or asking you anything, always stop wherever you are, even if that argument is your life savior, just shut up when they start speaking.
•   Never use the word 'I' it's 'The Counsel' always.
•   In the court room, you always 'beg pardon' or 'apologies your lordship/ladyship' and never 'sorry'.
•    Never say "please see such and such page of the memorial'' it is always, 'if the counsel may kindly draw your lordships attention to  page no. ____ and footnote no. __ of the written submission.."
•  Never use 'Yes' rather say 'Indeed'.
• Whenever you feel like agreeing with whatever your lordships have said use the phrase 'Precisely your lordships'.
•  And when you don't agree, never say 'No your lordship.' Say '"the counsel humbly begs to differ with your lordship on this point".
• Be confident, calm and composed, argue slowly, don't rush through your arguments.
•   Make sure you are well versed with the facts of the case, always mention the facts in between your arguments, law should be properly linked with the facts.
•   Avoid passing chits to your speaker, it leaves a negative impact on the judges.
• Don't read your memorial, just refer them, try pleading without the memorial.

If you don't know any answer to the questions asked try using any one of the following-

a. you lordship the counsel would be dealing with that query of yours in his/her further arguments.

b. your lordship the counsel will address them same in a while.

c. the counsel would take up that part in his/her rebuttals as currently he/she is unaware about it.*

*This should be your last resort....!!!!! try answering the questions asked, if possible...!!

 And once you are done with your pleading-:

1. The first speaker should always end saying that, "if your lordships have no further query may the counsel call upon the co-counsel to address the next __ issues" wait for a yes  and then "much obliged, it was an honor, pleading before this hon'ble bench."

2. the second speaker should remember the Prayers by heart and should proceed to it after saying "if your lordships have no further query, may the counsel proceed to the prayers.?" .  Never read it out, moreover he/she should end it the similar manner as sated above, " it was an honor, pleading before this hon'ble bench."

For better and vivid understanding kindly visit the following link and see the video..

Mooting Guide & Skills Video For Law Students (You tube):- https://www.youtube.com/watch?v=D0WZsxCbL6M

For any query related to the court room and pleadings feel free to write us at- literaturesociety@symlaw.edu.in.