Advocate on Record (AOR) in Supreme Court

• Advocate on Record (AOR) is an advocate who can act and plead for a party in the Supreme Court.
• Only an Advocate-on-Record can file any matter/document before the Supreme Court.
• Advocates must pass the Advocate-on-Record examination conducted by the Supreme Court to be designated as an AOR.

Eligibility for AOR Exam

• Advocates need at least four years of experience as an advocate.
• Advocates need one year of training with an Advocate-on-Record.
• Advocates can appear a maximum of five times for the AOR examination.

Responsibilities of an AOR

• They need to prepare pleadings and other documents for filing in the Supreme Court.
• They need to file pleadings and documents in the Supreme Court.
• They need to appear in the Supreme Court to represent their client.
• They need to advise their client on matters of law and procedure relating to proceedings in the Supreme Court.

Court Procedures

• Court procedure refers to the rules and practices that govern how courts conduct their proceedings.
• These procedures are designed to ensure fairness, efficiency, and consistency in the administration of justice.
• Procedures vary depending on court type, case nature, and jurisdiction.

Stages in a Typical Court Procedure

• Filing of pleadings: The plaintiff (in civil cases) or the prosecution (in criminal cases) file pleadings outlining their case. The defendant then files a response.
• Discovery: Parties gather information and evidence via interrogatories, depositions, and document requests.
• Pre-trial motions: Parties file motions to resolve issues before trial, like motions to dismiss, for summary judgment, or to suppress evidence.
• Trial: Evidence is presented, and witnesses are examined, with the judge or jury deciding the case based on evidence and law.
• Judgment or verdict: The court issues a judgment in civil cases or the jury delivers a verdict in criminal cases, determining the outcome of the case.
• Appeal: The losing party may appeal the decision to a higher court.

Key Aspects of Court Procedure

• Jurisdiction: The court must have the authority to hear the case, based on factors like the events location, the parties residence, and the subject matter.
• Pleadings: Pleadings are formal documents that initiate and define the issues, including the complaint, answer, and any counterclaims or defenses.
• Evidence: Evidence is presented to support a party's claims or defenses and must comply with rules of evidence regarding admissibility and relevance.
• Motions: Motions are requests made to the court for a specific ruling or order, addressing procedural matters, evidentiary disputes, or challenges to pleadings.
• Discovery: Parties obtain information from each other and third parties to prepare for trial, under rules ensuring fairness and transparency.
• Trial: The formal presentation of evidence and arguments to the court, conducted according to established rules of procedure and evidence.
• Judgment or Order: The court's final determination of the rights and obligations of the parties, which may include an award of damages, an injunction, or other relief.
• Appeals: A party seeks review of a lower court's decision by a higher court, based on alleged errors of law or procedure.

Types of Court Procedures

• Civil Procedure: Resolves disputes between private parties, like contract disputes, personal injury claims, and property disputes.
• Criminal Procedure: Prosecutes individuals accused of crimes, including investigation, arrest, arraignment, trial, and sentencing.
• Appellate Procedure: Appeals decisions of lower courts to higher courts, including filing of briefs, oral arguments, and issuance of opinions.
• Administrative Procedure: Governs how government agencies make and enforce regulations, including rulemaking, adjudication, and enforcement actions.

Important Court Procedures in India

• Filing of a Suit/Petition: Filing a plaint (civil case) or a petition (writ, etc.) stating the facts, cause of action, and the relief sought initiates the process.
• Issuance of Summons/Notice: The court issues summons to the defendant/respondent to appear and respond to the claims after the suit/petition is filed.
• Filing of Reply/Written Statement: The defendant/respondent submits a written statement/reply, addressing the claims and presenting their defense.
• Framing of Issues: The court formulates the main questions or points of contention (issues) to be decided during the trial.
• Discovery and Inspection: Parties can seek relevant documents and information from each other to prepare their case.
• Evidence: Examination-in-chief, Cross-examination, and Re-examination of witnesses are conducted, and documentary evidence is presented.
• Arguments: Advocates present arguments, citing legal provisions and precedents to support their case, after the evidence.
• Judgment/Order: Based on issues, evidence, and arguments presented, the court pronounces its decision (judgment/order).
• Execution: The decree holder (winning party) can execute the judgment through the court, if the judgment involves monetary compensation or specific actions.
• Appeal/Revision: A party aggrieved by the judgment can file an appeal in a higher court or seek revision of the order if permissible under the law.

Important Concepts

• Res Judicata: A matter decided by a competent court cannot be raised again in another court between the same parties.
• Limitation: Legal actions must be initiated within a specified time as prescribed by the Limitation Act.
• Locus Standi: A party must have the right or standing to bring a case before the court.
• Natural Justice: Principles of fairness, equity, and good conscience that must be followed by courts and tribunals, including audi alteram partem (hear the other side) and nemo judex in causa sua (no one should be a judge in their own cause).