Three things to do after filing writ petition

I wanted to quickly share about a procedural aspect after filing of writ petition. Junior lawyers are usually unaware about these small details and they have to depend on their seniors or the law clerks to teach these aspects. No one has so much time to teach anyone. I have learnt this through experience. Hope this helps.

Three things to do after filing writ petition:

1) Serve the copy of petition to the opposite party:

By principle of natural justice, the both parties must get a equal opportunity and fair representation. For this to happen, the other side must know a case has been filed against them. Isn’t it?
The party filing the petition must serve the copy of the petition to the other side.

Tip: the address of the other side must be correct, if you’re physically serving. The email id must be correct, if you’re serving online. Otherwise the other party can always claim they never received the copy of petition. It’ll be considered bad service. Your whole case may collapse or you’d have to serve at the right address again.

Also, you must take a written acknowledgment of receiving along with signature and date from other side. You must do this.

If sent by RPAD, you’ll get that acknowledgment, anyway.

If sent online, then it’ll be on your sent mail and in some cases, there’s acknowledgment as well.

2) File an Affidavit of Service in the Court:

After serving the copy of the petition and getting an acknowledgment of service, you must file an affidavit of service in the court.

It must contain-
i. Index
ii. Covering Letter
iii. Your written statement that you’ve served the copy of petition to the other side and it’s acknowledgment marked and annexed
iv. Docket

3) Mention before the court or move a praecipe:

For quick listing of the case, you may mention the matter before the court or if the court practise is such that just a written praecipe will suffice, then you must give the same to the court clerk. Hopefully, your matter will be listed soon.

#filing #writpetition #lawstudent #lawstudent

[MikeDeltaOfficial]

I have a question when i have draft the writ petition what should i have to enter in writ number __/2024. Because as per my knowledge writ nunber generated after e filling then how can i enter writ number in pdf?

Please help me with this doubt.

[buoyantenglishcentre]

Very nice and informative video Thanks

[milamilos]

Who do i serve in federal litigation if is against immigration, do i serve us attorney for the state district or for the county district attorney? Thanks!

[lourthusamy]

Writ petition how it takes to compete in the court. I mean time Or duration