Process of Applications in court

575 votes

in Delhi, everything needs to be filled before the court's hearing date, with a proof of service to the other party but you can also supply the same in front of the court on the day of hearing. for electronic evidence, the scenario is a bit different, if the other party requires it then they can move an application for the same, in case they need it

Advocate Naveen Sarswat LawRato

626 votes

In criminal cases, reply has to be served on the court with a copy to the PP. all evidence is to be filed along with a certificate under evidence act. Let me know if you need further consultation in this regard.

Advocate Prerna Robin LawRato

826 votes

The procedure depends on the nature of the application and the applicable procedural law. In civil cases, applications and replies are generally filed before or on the date fixed by the Court, subject to the Court's directions and procedural rules. A copy should ordinarily be served upon the opposite party or their advocate. Service may be effected personally through counsel, by court process, or by registered post/speed post/electronic mode where permitted by the Court. As regards electronic evidence such as CDs, DVDs or pen drives, a copy is generally supplied to the opposite party in accordance with the Court's directions and the applicable procedural and evidentiary rules. Since practice may vary from court to court, it is advisable to follow the specific directions of the concerned Court.

Advocate Pulkit LawRato

832 votes

The procedure varies slightly between civil and criminal courts, but as a general rule, applications, replies, rejoinders and documents should ordinarily be filed in advance through the court registry/filing counter or e-filing (where available), with copies served on the opposite party or their advocate. Filing a fresh application directly before the Judge on the date of hearing is generally permitted only in urgent circumstances and subject to the Court's permission. Service of copies is usually effected by hand delivery to the opposite counsel against acknowledgment, by email/e-filing where permitted, or by registered post/courier if the opposite party is unrepresented or if the Court so directs. Registered post is not mandatory in every case. As regards electronic evidence such as CDs, DVDs, pen drives or hard disks, if you are relying upon them, you should file the original media in Court (or as directed by the Court), along with the requisite certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to the erstwhile Section 65B of the Evidence Act, where applicable). A copy of the electronic evidence or its contents should ordinarily be supplied to the opposite party to ensure fairness and compliance with the principles of natural justice, unless the Court directs otherwise. It is also important to comply with the Civil Rules of Practice/Criminal Rules and Orders and the local rules of the concerned High Court, as filing and service procedures may differ slightly from one State to another.

Advocate Yuganshu Sharma LawRato

962 votes

The procedure varies slightly between civil and criminal courts and also depends on the applicable High Court Rules and the court's practice. Generally, applications are filed in court before the hearing date or on the date of hearing with the court's permission. A copy of every application and reply should ordinarily be served upon the opposite party or their advocate, and proof of service may be filed where required. Service may be effected personally, through email/e-filing (where permitted), registered post, or any other mode recognised by the court. If you are relying upon electronic evidence such as a CD, DVD, or pen drive, a copy should ordinarily be supplied to the opposite side along with the relevant documents, unless the court directs otherwise. It is advisable to follow the procedural rules and practice directions applicable to the concerned court and jurisdiction.

Advocate Kawaljit Singh Bhatia LawRato