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Moot Court & Trial Advocacy

Mandatory Clinical Course, See: Bar Council of India Rules of Legal Education, 2008 pg. 25

Guidelines for the Internship Component of the Course

Students are expected to intern with Advocates practicing in a Trail Court. Internships
with lawyers practicing solely in the HC/SC cannot be adjusted towards the
requirements of this course.

Even if the students have done a Trial Internship before, they cannot produce or
replicate the records of any previous internship. The internship has to be done in
June/July 2015 or December 2015/January 2016.

Students have to maintain an Internship Diary noting down day to day activities, learning
experiences in the chambers/office of the Trial advocate. The Diary entries should be as
detailed as possible.

A pocket lawyer diary also has to be maintained noting down the Court No, Item No.
Case No. and the Name of the case attended according to the dates. The next date of
hearing can also be mentioned.

Students are expected to come back with a sound knowledge of the procedural
intricacies and also knowledge of drafting.

Practical knowledge for example would include filing of vakalatnama, checking the cause
list, being familiar with terms such as Passover. Having knowledge of a trial right from
the filing stage to the final arguments.

Drafting skills would include drafting of complaints, plaints, written statements,


rejoinders, affidavits and other applications drafted under the Code of Criminal
Procedure and the Code of Civil procedure. The above mentioned examples are merely
illustrative and students are expected to learn much more from the trial court experience.

Students will be given a handout of important sections from procedural laws which will
come in handy while doing the internship.

Students will be needed to fill a Questionnaire given to them to assess their


understanding of the trial court system and drafting knowledge on the basis of the
internship.

Terms and Procedures to be familiar with (not exhaustive)


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How to fill a vakalatnama


Inspection of files
Application for Exemption of Personal Appearance
Application for substituted service
What happens when the case has been dismissed due to non-appearance of the complainant?
What is the procedure and remedy?
Cross Examination and Examination in Chief
Tendering of Witnesses
Checking a cause list, daily orders
Mediation: skills of negotiating and settlement agreement
Filing procedure
Framing of charges
Evidence by way of affidavit
Passover
Stay
Tagged
Questions of law
Service of summons
List of Witnesses