MOOT COURT

ETIQUETTE
-Ms. Kavya
Assistant Professor
SDMLC, Mangalore
 AN INTRODUCTION
A moot court is a simulation of a real court to
give students an insight on dealing with a
legal problem and how to present a case in
front of a judge.

Proceedings in a court room follow a set

pattern of conduct. Right from the attire to the
language and the way we speak and behave
follows some norms which are covered in this
presentation.
 THE ATTIRE
In order to argue upon a case in the court
room, one needs to follow the specified court
uniform. A standard court uniform includes -

Black suit with black tie, white shirt and black

shoes.
No unnecessary accessories.
No ID or any object which reveals
identification of your college/university.
HOW TO ENTER A COURT
Bow before the judge as soon as you enter regardless his
attention or presence.

The petitioner has to take left seating and respondent has

to take right; facing the judge (unless a contrary is
arranged).

If judge enters the court room, stand up, when judge
reaches his chair, bow before him/her and take your seat
only when the judge is seated.

When the judge indicates then the first counsel must

approach the podium and bow before the judge/bench
before starting the arguments.
You should seek permission to address the judge or
the bench

“the Petitioner [or respondent] seeks permission of

the Hon’ble court to address the bench as “Your
Lordship” or “Your Honour”

"May it please the Court, my team code is _____,

counsel for the Petitioner [or respondent], in the
present case ________"

It is very important to remember to say, "May it

please the Court" it is simply a well-established
formality of moot court competition, to which you
should adhere.
Mention the contentions/ issues/ submissions to be taken up by you.
If the arguments are divided, then also mention the contentions
taken up by the co-counsel

“Your Lordship the petitioner [or respondent] will specifically be

dealing with issue no____&_____. Issue no ____&____ will be dealt by
my co-counsel or my co-counsel will be dealing with issue no
____&____”

Mention the facts of the case.

“With Your Lordship's permission may the counsel proceed with the
facts of the case”

If the judge is already aware of the facts in that case seek

permission to proceed with the issues

“If your Lordship is well versed with the facts of the present case,
then may the counsel seek permission to proceed with the
contention or issue no___ of the case”
Avoid saying ‘Thank You’;
instead use ‘Highly Obliged’ or ‘..much obliged’

Seek permission of the judge/ judges to proceed

further. This can be done by mentioning- If the court is
satisfied with the arguments of Issue no----- the
counsel humbly seeks the permission to proceed
with....’ Don’t use the same line every time you seek
permission. Use different ways to do this.

“May it please your Lordship….”

“With the due permission of Your Lordship….”
“The counsel seeks permission……”

Never say, 'May I carry on...’

Avoid using slangs such as ‘yeah, yup, okay, all right’.
 DO’s AND DON'Ts
When judges are consulting amongst themselves,
then a counsel should never interrupt and wait for
judges to instruct to proceed further with
arguments.

Never interrupt a Judge when he is asking or

clarifying a point.
Never point a finger or behave arrogantly or be
hostile towards opposite party.
 DO’s AND DON'Ts
If a judge asks a "yes" or "no" question, answer first
with "yes“ or "no" -- then elaborate.
Reply with, "Yes, Your Lordship, in fact ...," or "No,
Your Lordship, rather ...."

Never speak over a judge. When a judge starts

talking, you should stop talking immediately, even if
he or she has interrupted you mid-sentence (or
even mid-word).
 PERSONAL OPINION
NEVER give your opinion. Avoid phrases such as 'I think' and 'I
believe'.

Instead, say

'I would like to put it before the court that',

'it is humbly submitted that'
'the petitioner/respondent contends that'.
“My Lordships/Ladyships, I submit that…/In my respectful
submission”
“If it pleases the court, I would like to offer my
first/second/third/etc
submission…”
“I accept the point that…, however…”
“With your Lordship’s permission, I would now like to…”
 JUDICIAL INTERVENTION
When asked a question by a judge, it may be helpful to pause
before answering. Respond with phrases such as..
“I am obliged to your Lordship/Ladyship…” “With great respect,
my Lord/Lady…” “That is indeed an issue which must be
addressed my Lord”

However if you are not able to answer the question or wish to

complete the argument, then use phrases like
 “I will come back to that” or “My Lord I will answer that directly”
 “I must answer your Lordship’s query, but your Lordship will
grant me the indulgence to come back to my principal
submissions thereafter”
 “Your Lordship the counsel will be dealing with the point in issue
__”
 “The point raised by Your Lordship will be answered by/will be
dealt by my co-counsel”
 CITATIONS
Citing cases is crucial to mooting: one of the
criteria on which you will be assessed is your use of
authorities.

One method of citing is..

“May I direct/draw your Lordship’s attention/the

court’s attention to…”
“…the case of _______ as decided by the Hon’ble
Supreme Court[ or High Court of ____] in the year
_____ states ...”
 CALLING THE CO-COUNSEL
 When the first counsel is finished with his argument
then he should ask permission to call his co-counsel to
further carry the arguments. The phrase which is
advice to call upon counsel is
“The counsel humbly seeks permission to call upon the
co-counsel who will be dealing/continuing with…..”

 When permission is granted, bow before the bench and

take your seat.

 While addressing your opponent use phrase like “my

learned friend on behalf of petitioner [or respondent]”
 PRAYER
Seek permission of the court to proceed with the
prayer

While submitting the prayer the members of the

teams should stand up

Use phrase “it is humbly prayed before this Hon’ble

Court…”

After the prayer is complete take leave of the court

or take your seat after thanking the judge.
 POINTS
Stand straight, do not pose or slouch. Face
the judge. Restrict hand movements.
Keep an eye on the time throughout your
submissions and be flexible in your approach.
The judge's questions may take you off on a
tangent and you need to be prepared for this.
Make sure to always maintain eye contact
with the Judge. Pay full attention to what the
Judge is asking. If your fail to understand a
certain point the seek clarification.
 POINTS
If the counsel is unaware of the answer then
say so, use phrase like “the counsel begs
negligence” “May the counsel be excused for
his/her negligence”
Always be courteous and do not show signs of
irritation or frustration by rolling the eyes or sighing.
Be confident in your demeanor.
Speak slowly and clearly. Do not speak so fast
that the judges are unable to comprehend your
submissions.
Do not prepare a fully rehearsed speech. Jot
the material points that you need to cover.
 POINTS
Do not make broad claims or bluff. Know
exactly how far you can push your assertions.
Think about your volume. Be sure you can
be heard by the judges. Use your tone and
volume to emphasize key points in your
argument or key words in a phrase.
Avoid verbal ticks and “fillers”. Do not
say “oh,” “um,” “uh,” or similar words;
likewise, do not fill every pause with “your
honor/lordship.” Avoid repeatedly beginning
sentences with “well,” “however,” or “and.”
TIPS FOR THE RESEARCHER
All the above tips are applicable mainly to
Speakers but researchers should also observe
some of court manners. Court manners are no
exception to researchers, they also play
significant role in presentation.

Speakers require information for them as well as

passing information to judges. The information
should be passed swiftly and this transit should be
rapid and cautiously done.
Passing of information can be bifurcated into two

To judges

If you are sure to pass/quote the information such as annexure, books,

journal, bare acts; then supply it to the court masters beforehand.

If the oralist requires some material to be passed then pass the same
to court master swiftly.

To speakers

Use stick notes to convey any information to Speakers. Do not come

in between the counsel and bench, just bend slightly and stick it to
podium without interrupting the counsel.

Use bold marker to write notes so that the Speakers can read it easily.
Never speak to Speakers or engage in any conversation.
 THANK YOU

And

BEST OF LUCK!