Hickory Dickory Dock

Hickory Dickory Dock,

Facts material, we must lock.

State your claim, clear and bright.

Relief sought, with all your might.

Disjointed pleadings are a nightmare for judges. Imagine stepping into a courtroom, expecting clarity, but instead facing a tangled web of facts, claims, and defences.

It’s like Alice’s journey through the looking glass – familiar, yet bizarrely inverted.

In Alice Through the Looking-Glass, Alice enters a world, where logic twists and turns unpredictably. Disjointed pleadings create a similar disorientation. Judges, tasked with applying the law, find themselves deciphering a puzzle with missing pieces.

Why does this happen?

Lack of clarity: Pleadings ruffled with inconsistencies or vague language. Scattered facts: Key points buried under irrelevant details. Contradictions: Incompatible claims or defences.

The Impact

Delays: Courts struggle to grasp the essence of the case. Confusion: Parties might misunderstand each other’s positions. Injustice: Misinterpretation risks skewing outcomes.

Judges need a roadmap to understand a case. Clear, coherent pleadings are a cornerstone of conveying your case to the Judge.

How to avoid this Looking-Glass world?

If using technical or specific terms, define them upfront. Focus on material facts: Don’t get lost in irrelevant details.

Simplify: Strip pleadings to essentials. Organize logically: Structure facts and claims. Review rigorously: Ensure consistency. Drafting pleadings is like crafting a story. Make it clear, make it concise, make it compelling.

Start your pleadings with the end in mind: Identify your goal and key points. Use clear language: Avoid jargon and complex sentences. Structure logically: Chronological state your facts, priority based. Be concise: Cut unnecessary words and details. Use headings: Break up the text and highlight key points. After the first draft, review and edit: Check for clarity, consistency, and typographic errors.

Ensure that you have clearly stated the parties and why have you impleaded them. Ensure that the relief prayed for is correct.

At the stage of review correct errors such as: ‘The defendant did this and that and also failed to do something else…’. Correct it to read: ‘The Defendant has breached contract X by failing to deliver goods on time. This caused losses of ₹X, as per invoice Y.’

Ensure during review that you have used active voice. Your writing should be made more direct and concise. If you have used double negatives; use positive statements instead.

Check for inconsistencies: Ensure your pleadings are coherent and you have used clear headings and subheadings. This guides the reader through your pleadings. Ensure that you have clearly stated the cause of action and you have specified the roles of the parties. If per chance you have used argumentative language, correct it to ensure that you have been sticking to the facts.

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