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Frequently Asked Questions
What is a Vakalatnama? ▼
A Vakalatnama is a legal document authorising an advocate to appear, act and plead on behalf of a client in court. It is mandatory under Order III Rule 4 of the Code of Civil Procedure — without a filed Vakalatnama, an advocate's appearance is not formally recognised by the court. The standard format is prescribed by the Bar Council of India.
Is a Vakalatnama required in every court case? ▼
Yes. A Vakalatnama (memo of appearance) must be filed in every court proceeding in India. It gives the advocate authority to appear, argue, sign documents, and take steps on behalf of the client. For criminal matters, a separate Power of Attorney may also be needed in some courts.
What is the difference between an affidavit and a sworn statement? ▼
An affidavit and a sworn statement are the same document — a written declaration of facts made under oath before a Notary Public, Oath Commissioner, or Magistrate. Affidavits are used in court proceedings; sworn statements may also be used for administrative and official purposes. The key requirement in both is that the deponent swears to the truth of the contents.
How do I file an urgent hearing application? ▼
An urgent hearing application (mentioning application) is filed before the court to request out-of-turn listing. It should state the grounds of urgency, cite any imminent deadline or irreparable harm, and include case details. Most High Courts allow urgent mentioning at the start of the court day. File this application along with a copy of the main petition or the order sought.