Oral

Arguments
in Moots
 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 and take your seat only when the judge is seated.
• When the judge indicates then the first counsel must approach the podium
do so and bow before the judge/bench before starting the arguments.
 HOW TO ENTER A COURT
• 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.

 HOW TO ENTER A COURT
• 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
. Issue _______will be dealt by me and my co- counsel will deal with issue____”
• 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 of the case”
 HOW TO ENTER A COURT
• 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- '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.
• 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 put it to the court that', 'it is submitted that'
'the petitioner/respondent contends that'.
“My Lord/Lady, I submit that…/In my respectful submission”
“If it pleases the court, I would like to offer my first/second/third/etc submission…”
“This point/case does cast some doubt/light on…” “I accept the point that…,
however…”
“With your Lordship’s permission, I would like now 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” or “I will satisfy your Lordship”
• “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 ...”
 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.
 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 Issue No.____”
• 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]”
 Points to Remember
• 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.
• 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.

”
 Points to Remember
• 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.
• 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
• 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.
• 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 to the judges then pass
the same to court master swiftly.
 Tips for the Researcher
• 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.