The Best Way to Appear in the Court and How to move motion in the court
Introduction
There is no particular way that is generally accepted as the best way to appear before the Judex or Judges but it is usually encouraged that while appearing before the court, all Lawyers are expected to appear with respect and humility before your Legal Lord. It can be accepted with ease, that legal profession is a noble profession and so rancour, abusive words and insults are indeed not part of the courts’ jargons. A counsel is expected to appear with reverence and veneration to both the court and the other counsel.
The best way to appear in the court can also be learnt from the way, the senior Lawyers usually appear and the way they respect the judges or justices. There is nothing most important than reverencing the court that you are presenting your case in.
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It should be remembered that a counsel can also be convicted for contempt in facie Curie which is Contempt before the face of the court, if he casts aspersion on the person of the court or denigrate or make mockery of the court. We therefore, advise that all counsel should appear in the court with much veneration for the court.
How to Announce Appearance as a Counsel appearing alone?
May Your Lordship be pleased, I am O.J. Omoha, Esq., my humble appearance is for the Plaintiff.
Or
With Utmost humility to my Legal Lord, I am Omoha Otuosorochi J. Esq. I am making my appearance for the Defendant.
How to Announce Appearance as a Counsel Appearing with other Lawyers:
May Your Lordship be pleased, I am Omoha otuosorochi J. Esq., and I am making my humble appearance with my Legal Friends, O. J. Omoha (Miss) and E.I. Okoro, Esq. on behalf of the Defendant.
Or
With utmost reverence and humility to your lordship, appearing before your Lordship is O.J. Omoha, Esq. and I am appearing with E.I. Okoro and O.J. Omoha, Miss, for the Prosecution.
How to Move Motion in the Court:
Motion is an application filed in the court praying it for some reliefs. The application is meant to be moved by the counsel that filed it and the other counsel, if he files counter affidavit can also move same. Adumbration is the act of arguing some points that are not contained in the body of the written address or that is not well argued in the body of the written address, it’s always at the discretion of the court to decide whether to grant a counsel chance to adumbrate or to deny the same.
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Let’s consider one of the ways of moving motion in the court:
Your Lordship, Counsel has an application to make. Before your Lordship is a motion on Notice with Motion Number:… ( You can as well decide not to mention the motion number), Dated 11th day of March, 2022 and filed on the same date your Lordship. The Motion is brought pursuant to Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and under the Inherent Jurisdiction of this Honourable Court. Your Lordship, this application seeks for the following reliefs: 1. Order admitting the Defendant to bail pending the determination of the case 2. And for such further Order (s) as this Honourable Court may deem fit to grant for the interest of Justice.
Accompanying this Application is an 11 paragraph Affidavit duly deposed to by one Mr. Emmanuel Agah before the Commissioner for oath on the 11th day of March, 2022 and we sincerely want to rely on all the paragraphs of the Affidavit especially from Paragraph 3- 11 of the Affidavit.
Your Lordship, in Accordance to the practice Direction of this Honourable Court, we have also filed our final Written Address in support of this application and we seek to adopt same as our argument in this suit. We most sincerely pray that your Lordship should grant the reliefs sought by the Applicant. May your Lordship be pleased.
How to Move Motion in Term:
You can move motion in term via:
Your Lordship, Counsel has an application to make. Before your Lordship is a motion on Notice with Motion Number:… (You can decide not to mention the motion number), Dated 11th day of March, 2022 and filed on the same date your Lordship. Since the other Counsel is not opposing the Application, we most humbly pray to move in terms of the Motion Paper. May Your Lordship be pleased.
OR
You can also move in terms like:
My Lord the application of the Defendant /Applicant dated the 23rd day of March, 2022 and filed on the same date is praying the court for an order admitting the Applicant to bail pending the determination of this suit. The motion is supported by a 15 paragraph Affidavit and a written address. Your Lordship, we move the application in terms and urge the court to grant the application as prayed.
Note: You can only be permitted to move in terms when the other party is not opposing the application.
Parties in Motion
Applicant: This is the party that files the application praying the court for certain reliefs.
Respondent: this is the party against who the motion is filed in the court and he is expected to respond to the motion, if it’s motion on notice ( That’s if he has counter Affidavit)
The Civil Procedure Rules of the court presiding on the matter is the guiding tool that shall determine how many days the parties shall take to file their processes on the motion. Also do remember that motion is meant to be entertained with speed.
Thanks for going through this piece; The Best Way to Appear in the Court and How to move motion in the court.