There is no requirement for written arguments. However, a brief written argument that describes your case is always a good idea, in particular if you want to provide more information than your petition. It is convenient, if necessary, to obtain legal advice on your case even though the counsel, if the Counsel is unable to represent you at the actual hearing.
You should be brief and up to the point in your written argument. Your pages and paragraphs should be numbered. You should justify your argument:
- What orders you are asking the court to make?
- The main facts on which you are relying can be found by the judge in the affidavits or other documents presented in your case.
- The error(s) you think the Opposite Party made.
- Any statutes, court cases, or other legal sources you are relying on.
You must send your written argument to the other parties. This does not have a fixed deadline, but it is best if you give it at least 2-3 weeks before the hearing to other parties so that they can comment if they wish. If the other parties don’t give enough time, they may ask that the judicial review audience be postponed until a later date (delay or postponement). The best thing to do is either call, email or give written arguments to others or their attorneys and settle on a time schedule with each other. The person who submitted the petition usually first gives everybody a written argument. All others will then respond.
Your written arguments in the court registry do not need to be filed separately until time. The only way to get the judge to hear your written argument is to include it in the record of your petition. If you do not report your written argument, you must hand it over to the court clerk in order to hand it over to the judge at the start of your judicial review hearing.
Always try to keep your Arguments on KISS method. (KEEP IT SHORT & SIMPLE.)
Rera Filing Made Simple (RFMS), can assist you in drafting your Arguments on a customized tailor made Fee Structure, keeping in view the facts of your case and the quantum of relief, prayed for.
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