Legal Drafting Basics: Notices, Plaints and Affidavits Explained for Students

Legal drafting means writing documents that create, prove or enforce rights, such as legal notices, plaints, written statements, petitions, affidavits and contracts. A good draft states the facts accurately and in order, uses the correct format required by law, asks for a clear relief and avoids unnecessary words. Under the Code of Civil Procedure, for example, Order VII Rule 1 lists what every plaint must contain.

Drafting is one of the first things a junior advocate is asked to do, and one of the skills seniors value most. It is also part of the compulsory clinical paper on drafting, pleading and conveyancing. Here are the basics of the documents you will draft most often.

Principles of good drafting

• Accuracy: names, dates, addresses, amounts and section numbers must be correct. One wrong date can weaken a case.
• Order: tell the facts in the order they happened, in numbered paragraphs.
• Clarity: use short sentences and plain words. Avoid long chains of "that the said aforementioned".
• Completeness: include every fact you will need to prove later. Facts left out of pleadings can be hard to bring in afterwards.
• Relevance: leave out arguments and evidence. Pleadings state facts; evidence comes at trial.

The legal notice

A legal notice tells the other side what you claim and gives them time to comply before you go to court. It is often the first document in a dispute. A typical notice contains:

1. The advocate's details and the date.
2. The name and address of the person receiving the notice.
3. The facts, in numbered paragraphs.
4. The legal basis of the claim.
5. The demand, with a clear time limit to comply.
6. A statement that legal proceedings will follow if the demand is not met.

Some notices are required by law. Before filing a suit against the Government or a public officer acting in official capacity, Section 80 of the Code of Civil Procedure generally requires two months' notice. A notice demanding payment within the prescribed period is also a step in a cheque bounce case under Section 138 of the Negotiable Instruments Act.

The plaint

A plaint starts a civil suit. Order VII Rule 1 of the Code of Civil Procedure requires it to contain, among other things:

• The name of the court.
• The names, descriptions and addresses of the plaintiff and defendant.
• The facts constituting the cause of action and when it arose.
• The facts showing that the court has jurisdiction.
• The relief claimed.
• The value of the subject matter for jurisdiction and court fees.

The plaint ends with a prayer, a verification by the plaintiff that the facts are true, and signatures. A list of documents relied on is filed with it.

The written statement

The defendant's reply to a plaint is the written statement, governed by Order VIII of the Code. It should be filed within 30 days of service of summons, and the court may extend this, ordinarily to no more than 90 days. A written statement must deal with each allegation specifically. A fact that is not denied may be taken as admitted, so vague, general denials are risky.

The affidavit

An affidavit is a written statement of facts sworn or affirmed before an authorised officer, such as a notary or oath commissioner. Each paragraph should state facts within the deponent's knowledge, or say clearly when something is based on information or belief and give the source. Swearing a false affidavit is a serious offence, so accuracy matters.

How to practise drafting as a student

1. Collect sample drafts from your internships, with personal details removed, and study their structure.
2. Draft from a fact pattern, then compare your draft with a senior's or a precedent book.
3. Read your draft aloud. If a sentence is hard to say, it is hard to read.
4. Keep a checklist for each type of document and use it every time.

Sources

• India Code: Code of Civil Procedure, 1908 (Section 80, Order VII, Order VIII) and Negotiable Instruments Act, 1881 (Section 138).
• Bar Council of India: Rules of Legal Education.

Learn more about practical training and legislative drafting at Mugil College of Law.