How to Draft Written Arguments in Court ?

How to Draft and Present Written Arguments in Court: A Practical Guide for Young Advocates

Drafting written arguments is one of the most vital skills for every advocate. A clear, structured, and well-reasoned argument can influence how a judge interprets facts and applies the law. This guide simplifies the process for young advocates and law students aiming to strengthen their written advocacy skills.

Table of Contents

• Introduction
• Meaning of Legal Argument
• Oral Arguments During Hearings
• Written Submissions Under Law
• Structure of Written Arguments
• Conciseness and Clarity
• Framing Key Legal Issues
• Citing Case Law Properly
• Rebutting Opposite Party’s Contentions
• Presentation and Formatting
• Essential Tips for Young Lawyers
• Conclusion
• FAQs
• References

Introduction

In civil and criminal cases, the strength of advocacy lies in clarity. Civil matters revolve around enforcing legal rights, while criminal trials involve defending charges. Written arguments bridge the gap between facts and law, guiding the judge in forming conclusions.

Meaning of Legal Argument

In legal context, an argument is not a dispute but a structured set of statements aimed at convincing the court of a conclusion. It consists of:

• Conclusion: The proposition you want the court to accept.
• Premises: Reasons and evidence supporting that conclusion.

Thus, an argument is a logical bridge connecting facts with applicable legal principles.

Oral Arguments During Hearings

Oral hearings are typically the final stage in proceedings. In civil trials, the plaintiff begins unless the defendant admits the facts but denies the relief. Both sides produce evidence and address legal points. With court’s permission, written notes may supplement oral arguments for precision and record.

Written Submissions Under Law

• Order XVIII Rule 2(3A) CPC, 1908: Allows parties to submit written arguments before concluding oral submissions.
• Section 314 CrPC, 1973: Enables concise written submissions in criminal trials.

Written arguments become part of the official record, ensuring transparency and aiding judicial clarity.

Structure of Written Arguments

1. Facts: Present facts chronologically, supported by evidence.
2. Law: Cite relevant sections and precedents accurately.
3. Application: Connect facts and law logically.
4. Conclusion: State relief sought clearly.

Conciseness and Clarity

Arguments must be brief, focused, and well-organized. Avoid repetitive content or excessive citations. Include a timeline and key facts for clarity. A precise argument reflects professionalism and assists the court efficiently.

Framing Key Legal Issues

Frame issues as questions for determination by the court. Address each issue separately with reasoning and citations. A balanced approach—discussing both favorable and opposing judgments—enhances credibility.

Citing Case Law Properly

• List Supreme Court cases first, followed by relevant High Court cases.
• Arrange citations in reverse chronological order for easy reference.
• State facts, relevant extracts, and the ratio decidendi (reasoning forming precedent).

Rebutting Opposite Party’s Contentions

Respond to all key contentions raised by the opposing counsel. This demonstrates fairness and helps the judge evaluate competing interpretations objectively.

Presentation and Formatting

• Use simple, clear language—avoid heavy legal jargon.
• Highlight key paragraphs and page references.
• Structure with headings, bullet points, and spacing for readability.
• Keep total length ideally within 5–6 pages for most cases.

Essential Tips for Young Lawyers

• Think like a judge while writing.
• Maintain one central theme with logical flow.
• Use storytelling elements for clarity without losing legal precision.
• Highlight only relevant case portions for the court’s quick reference.
• Always review your note for structure and readability.

Conclusion

For young advocates, learning to draft concise and persuasive written arguments is fundamental to courtroom success. A well-written submission not only strengthens your case but also earns the court’s respect by saving time and ensuring fairness.

Frequently Asked Questions (FAQs)

1. Are written arguments compulsory?

No, but courts encourage them as they provide clarity and assist in judicial reasoning.

2. How long should written submissions be?

Typically 4–6 pages, depending on the number of issues involved.

3. Can we attach judgments to written arguments?

Yes, but limit attachments to directly relevant judgments and highlight key portions.

4. What if the court doesn’t allow written arguments?

You can still present oral submissions, but always request the court’s permission to file written notes for rec