Understanding the Cause List of Trial Courts (LITIGATION BASICS 13)
The Daily Cause List is a list of cases awaiting a hearing for given date. The Cause list shows the progress of the case and the purpose of today’s hearing. The Daily Cause List listed on the e-Court website/App and outside the courtroom. There are different cases in the cause list listed for a different purposes. The Trial Court Cause List contains civil and criminal matters. Generally, the trial court cause list is framed as per the stages of the case provided in the CPC and CrPC. Law Students and Junior Lawyers at the initial stage find it difficult to understand the meaning of the different steps provided in the cause list. It is an essential for lawyers to understand the meaning of the cause list to prepare for the next hearing of the case.
(A) TIPS FOR UNDERSTANDING THE CAUSE LIST
(1) Thoroughly read and understand the provisions of Civil Procedure Code (CPC) and Criminal Procedure Code (CrPC).
(2) Understand the different stages of civil and criminal trial provided in the CPC and CrPC.
(3) Understand the meaning of different steps provided in the cause list (See Point B for detailed discussion)
(4) After understanding the above points, track the progress of your case and prepare accordingly for next date of hearing.
(B) CAUSE LIST OF TRIAL COURTS
(I) CAUSE LIST OF CIVIL COURT
The Civil Court cause list contains following steps –
(1) Steps
Matter is listed for taking particular steps in the trial proceedings.
(2) Steps unready
When step is required to be issued in proceeding at the initial stage of its trial, i.e. state Steps Unready is given.
(3) Suit stayed
Matter is listed for hearing on staying of suit under Section 10 of the CPC.
(4) Say u/s 10 CPC (Stay of Suit)
Matter is listed for say of opposite party in Section 10 proceedings.
(5) Service
Matter is listed for taking steps in service of summons or notice or other documents
(6) Affidavit of service
An Affidavit of Service also known as a Proof of Service or Return of Service. The party in the proceeding is required to file Affidavit of Service stating that summons has successfully served on the opposite party.
(7) Awaiting Summons
When summons are issued against party to the proceeding, matter is kept pending awaiting report of service of such summon.
(8) Filling of Affidavit
Matter is listed for filling of Affidavit of Party on particular matter.
(9) Awaiting notice
Awaiting notice means the court has sent the summons/notice to the opposite party and is awaiting the information of the service of notice.
(10) Notice____ Unready
When notice is required to be issued to the party to proceeding at the initial stage of its trial, i.e. state Notice ___ Unready is given.
(11) Unready Board
When matter is not ready to taken on board for hearing.
(12) Supply of copies
Matter is listed for supply of copies of documents by party in trial proceedings.
(13) Chamber summons
Summons to appear before the judge in his chamber. Chamber summons is a summons used to bring an existing legal action before the court for orders that are designed to ready the action for hearing.
(14) Notice of motion
A notice of motion is a written application to the Court requesting to issue a ruling or order on a legal matter.
(15) Notice of Motion (NM) for Hearing
Matter is listed for NM hearing.
(16) Awaiting warrant
After issuance of warrant, till the receipt of report about its service, matter is kept awaiting warrant.
(17) For Appearance
Matter is listed for appearance of party against whom summons or notice has been served.
(18) Filling of Vakalatnama
When party desires to engage advocate, file his Vakalatnama.
(19) Written Statement
Matter is listed for filling written statement by defendant.
(20) Reply/Say
Matter is listed for reply of opposite party on application or motion.
(21) Reply Unready
When reply is required to be file in proceeding at the initial stage of its trial, i.e. state Reply Unready is given.
(22) Filling of say on Exh____Ready
When party files miscellaneous application seeking interim relief during the course of trial, court use to call say of other side. If at such stage matter is in ready state, this stage is known as Filing of say on Exh ____ Ready.
(23) Filling of say on Exh____Unready
When party files miscellaneous application seeking interim relief during the course of trial, court use to call say of other side. If at such stage matter is in unready state, this stage is known as Filing of say on Exh _____ Unready.
(24) Framing Issues
Matter is listed for framing of issues in trial Proceedings.
(25) Argument
Matter is listed for Arguments of the parties.
(26) Argument Part Heard
When matter is listed for Argument of parties and partly heard. In such cases remaining Arguments continues on next date of hearing.
(27) Argument on Exhibit ____Ready
When party files miscellaneous application seeking interim relief during the course of trial, court use to hear arguments of both parties. If at such stage matter is in ready state, this stage is known as Argument on Exh ____ Ready.
(28) Argument on Exhibit ____Unready
When party files miscellaneous application seeking interim relief during the course of trial, court use to hear arguments of both parties. If at such stage matter is in unready state, this stage is known as Argument on Exh ____ Unready.
(29) Hearing
Matter is listed for hearing on issues in trial Proceedings.
(30) Ex Party Hearing
Matter is listed for Ex party hearing in ex-parte proceedings.
(31) Hearing without WS
Matter is listed for hearing without WS of defendant.
(32) Compliance
Matter is listed for Compliance of particular matter during the trial proceedings.
(33) Evidence
Matter is listed for evidence stage in trial proceeding.
(34) Evidence Part Heard
When matter is listed for evidence and partly heard. In such case court shall hear remaining evidence on next date of hearing.
(35) Ex Parte Evidence
Matter is listed for Ex-parte Evidence in ex-parte proceedings
(36) Report
Matter is listed for report on particular matter during trial proceeding.
(37) Citations
Matter is listed for providing citations by party.
(38) Order
Matter is listed for passing of an order. In proceedings after hearing both the sides are to be decided by passing orders.
(39) Order on Exhibit
Matter is listed for passing of an order on exhibit. In proceedings after hearing both the sides are to be decided by passing orders.
(40) No Say order
When opposite party in the proceedings failed to file say on application within time, Applicant can request to court to pass No Say Order.
(41) Dismissal Order
Court passes dismissal order on non-maintainability of petition or other reasons.
(42) Directions
Matter is listed for passing direction by court in the proceedings.
(43) Judgment
Matter is listed for passing of judgment on completion of trial.
(44) Compromise
Matter is listed for compromise between parties in trial proceedings.
(45) Paper Book
To facilitate hearing of the appeal (both civil and criminal), copies of relevant documents in the proceedings are prepared on depositing costs by the appellant or party requesting for the same. The work of preparation of paper book starts after the receipt of R&P from trial Court and all respondents are appeared in the matter then file send to paper book section for preparation of paper book.
(46) Awaiting R&P Lower Court
When record and proceedings of lower court is ordered to be called for, writ for the same is issued. Matter is posted awaiting Record and Proceedings of lower court.
(II) CAUSE LIST OF CRIMINAL COURT
Criminal Court Cause List contains all steps listed in the Civil Court Cause List and in addition to contain the following steps –
(1) Verification
Matter is listed for verification of complainant. In case of private complaint verification stage comes after filling of complaint.
(2) BW Ready
When bailable warrant is issued against accused in a case at the middle stage of the trial and matter is in ready state, this stage is given either for issuing such BW or awaiting report of the same.
(3) BW Unready
When bailable warrant is issued against accused in a case at the initial stage of the trial and matter is in unready state, this stage is given either for issuing such BW or awaiting report of the same.
(4) NBW Ready
When non-bailable warrant is issued against accused in a case at the middle stage of the trial and matter is in ready state, this stage is given either for issuing such NBW or awaiting report of the same.
(5) NBW Unready
When non-bailable warrant is issued against accused in a case at the initial stage of the trial and matter is in unready state, this stage is given either for issuing such NBW or awaiting report of the same.
(6) Evidence before charge
Matter is listed for taking evidence before framing of charges.
(7) Charge
Matter is listed for framing of charges against accused in trial proceedings.
(8) Admission & Denial
At this stage parties are called upon to either admit or deny the documents filed by other side.
(9) Statement u/s 313 CrPC
Matter is listed for recording statement of accused under Section 313 CrPC.
(10) Defence Evidence
Matter is listed for defence evidence. This stage comes after the completion of prosecution evidence.
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