Below are the ten rules you must always remember when reading case files, collated from some of the most effective methods and tips on comprehensively reading case files.
- START READING ACTIVELY TO UNDERSTAND IT
- Read actively. Critically analyse and constantly question everything as you read it.
- Assume you’ll be quizzed on it, so all your attention and energy are required to focus on the case file.
- You will most likely be quizzed on it. Sometimes, seniors look at the case file index and want you to explain the presence of every document in the file. You must know the significance and role played by annexures very well. Also, if your case file doesn’t have an index, it is advisable to make one.
- READ IT CHRONOLOGICALLY
- It is pertinent to remember the broad chronology of the entire case. Our brain retains more information if presented in specific sequences.
- You must know what transpired in court on the prior hearing dates of that case. Hence, you must read all the previous orders thoroughly.
- If it is an Appeal/Revision/Review/Reference, etc., you must thoroughly read the impugned Order/Judgment.
- KNOW THE ANSWERS TO THE FOLLOWING
- WHOM DO YOU REPRESENT?
- WHY IS THE CASE LISTED?
- TO WHAT END ARE YOU READING THE FILE?
- Know the party you or your office represents (the proper nomenclature). The advocate’s name is often mentioned on the file’s cover or on the last page of the Pleadings.
- You can check the case status online to determine the purpose of the hearing. The purpose dictates your approach to understanding the case file.
For instance, reading the file to prepare for final arguments differs from reading it to prepare for admission of Plaint/Petition/Complaint in Court.
In the former, you are summarising all the averments (statements) made by you, refuting (with reasons) the averments made by the opposing counsel, supported by legal provisions, precedents and facts, punctuating it with the reasons as to why the Judge must pass a Judgment in your client’s favour and against the opposite party.
In the latter, your approach is based on the facts of your case supported by legal provisions and precedents that allow you to institute and sustain the relevant proceedings before that particular Court.
- You must also know if you’re reading the file to prepare for your appearance before the Court or to brief your senior. The ground rule of understanding the case file thoroughly will not change.
- READ THE PLEADINGS THOROUGHLY
- Reading the Prayer clause (Relief sought) tells you the focus of the case. You must know why the civil/criminal proceedings were initiated in the first place and then try to understand the facts by reading the entire file.
- You must review the relevant law provisions under which the relief is sought and the provisions under which the parties have averred why the relief must or must not be granted.
- You read the annexures to understand how each supporting document helps the case of the party that has annexed them.
- DO NOT IGNORE THE SUBMISSIONS MADE BY THE OPPOSITE PARTY
- You must read the file to preempt the opposite party’s arguments and counters.
- Read it to prepare the answers to their arguments in advance and ensure you catch them if they’re self-contradictory.
- KNOW WHERE DOES THE CASE FIT IN PROCEDURALLY
- You must know the stage of your case’s proceedings, anticipate the questions that may be asked of you in Court, and prepare accordingly.
- You must be able to answer standard questions about the file’s contents, such as: What was the last date of order? When was this document filed? On which page number is the relevant paragraph? What is the purpose of filing this Application?
- While preparing Briefs for a senior, pay attention to the number of supporting documents filed by both parties, their relevance and the page numbers where they can be found.
- NEVER “SKIM THROUGH” A CASE FILE
- Read everything first. Figure out what is relevant later on. Read all the submissions and arguments made by both parties at every stage in all their pleadings, all the court findings, the supporting judgments/citations, and annexures.
- Do not restrict yourself to the broad highlighted points; remember the devil is in the details. It is reiterated that you must go through the annexures thoroughly.
- Certain documents/annexures have yet to be placed on record, i.e., are not in the Court file or may be in the Court file but not in your case file. Therefore, you must always double-check if your case file is complete by checking previous orders online and physically inspecting the Court file.
- MAKE A LIST OF DATES AND EVENTS WHILE READING
- You lose track of the sequence of events when you read page after page continuously. Writing down the case as you read is helpful in retaining the broad chronology of the case.
- Once you’ve finished reading, make a date-wise list of events from day one and add the relevant significance to how each event shaped the litigation.
- Pro-tip: Add another column to specify the paragraph and page numbers of every event in the Case File.
- ALWAYS KEEP AN EYE ON THE BIGGER PICTURE
- Everything that happens behind the scenes, from drafting to legal research to filing, reading the file, and preparing the briefs/notes, is orientated towards the arguments in Court, the final showdown, to secure a judgment in favour of your client.
- Imagine yourself arguing the matter eventually and reading the file in an effort to present the best case.
- FLAG THE IMPORTANT DOCUMENTS IN THE FILE
- Use sticky notes, post-it notes, or flags to specify what is what. For instance, you flag the Plaint’s first page, the Written statement’s first page, the annexures, etc.
- Once you’ve finished reading and want to review specific documents for better understanding, it will be easy for you to open the page you’re looking for.
- It will also help find the relevant page in the court.
Conclusion
You will know you have understood the file if you can recall the entire case as a story in a sequence of what occurred among the parties involved, when and how, and how it was subsequently re-told before the Court, putting forth their own conflicting versions.
Once you’ve finished reading, re-reading, and re-reading the file, it is time to prepare notes/briefs! Before preparing them, let’s find out what exactly they are.
Interested to know more about excelling in Litigation?
Join our live course on Litigation Basics.
The course teaches you the specific skill of making ‘case briefs’. Case Briefs are hugely helpful as you brief seniors and argue before judges. They also allow you to contribute immensely to your seniors.
How will the Course help you?
- You will learn to properly read case files, which is the foundation of legal practice.
- Condense the Case Files into proper, extremely useful notes.
- Be your senior’s favourite intern/junior!
- Make you well-versed in the proceedings of a court.
- Become extremely useful to Hon’ble judges!
- Be well-prepared in court, and help ease the burden on your seniors.
- Be deemed fit as a team player, quickly gaining the trust of your seniors and getting meaningful work.
What are you waiting for? Enrol today and begin your journey to become a star litigator!
Source: Lawctopus
