Supreme Court Releases Guidelines for Written Submissions & compilations in cases heard by Constitution Benches

Supreme Court LAW INSIDER

LI Network

Published on: 22 August 2023 at 22:45 IST

The Supreme Court has issued comprehensive guidelines for the submission of written Statements and compilations in cases heard by Constitution Benches and during crucial final hearings.

These guidelines establish a standardized process for filing digital copies of written submissions and consolidated compilations of documents, rules, and legal precedents. Additionally, they advocate for fixed schedules for oral arguments in such cases.

According to the provided guidelines, the respective bench will pre-select nodal counsel – an Advocate-on-Record (AoR) or an advocate from each party.

The nodal counsel will be responsible for coordination with all legal representatives engaged in the case.

Their role includes compiling and submitting five meticulously indexed volumes in electronic format, as detailed below:

1. Volume I – Written submissions from the petitioners or appellants.

2. Volume II – Written submissions from the respondents.

3. Volume III – Documents, encompassing pleadings, affidavits, and orders that constitute the case’s official record, compiled for ease of reference.

4. Volume IV – Statutory enactments and research material, encompassing statutes, regulations, rules, legislative discussions, Commission reports, and other relevant material like research articles.

5. Volume V – Precedents.

The arrangement of judgments can follow either a topical or chronological sequence, determined by the nodal counsel.

In the case of foreign case references, legal representatives must provide the nodal counsel with PDF copies of the cited decisions, along with neutral citations for the provided documents.

Volumes III, IV, and V will include materials relied upon by both parties. Any additional written submissions, documents, statutory material, or precedents can only be included with the Court’s approval.

Formatting Directions

The guidelines outline specific formatting requirements for the volumes.

All volumes must be exclusively in PDF format, employing Times New Roman font at Size 12.5. Margins must be set at 2.54 cm on all sides, following the ‘normal’ setting in MS Word.

Maintaining line spacing of 2 is imperative, and pagination should ensure synchronization between running page numbers and PDF pages. The PDF document must incorporate bookmarks.

Furthermore, the index should feature hyperlinks for seamless referencing. The written submissions must prominently display the names of representing counsel and, if applicable, Senior Advocates.

Clearly attributing the party on whose behalf the submissions are filed is vital.

If the Court permits the submission of supplementary materials, these documents should have consecutive page numbers and be placed in the relevant volume.

These documents must be accurately indexed and furnished with corresponding bookmarks.

Tentative Timelines

All arguing counsel, via their AoR, must inform the nodal counsel about the expected timelines for their oral arguments a minimum of five days before the hearing’s commencement.

Subsequently, the nodal counsel will create and present a statement outlining the proposed timelines for all legal representatives.

The Court will then establish timelines for oral arguments, which all counsel must adhere to.

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