How to seek a Passover
Unlocking Courtroom Etiquette: A Guide for Indian Lawyers. Navigate the intricacies of legal decorum with expert insights on seeking Passovers and adjournments across different court levels. Learn strategic communication strategies to convey senior engagements effectively. Elevate your courtroom presence and advocate for your clients with confidence.
5/21/20241 min read
An unwritten rule of advocacy is that whenever you seek a Passover or adjournment before a court, you never say, "My senior is arguing before a subordinate court."
Even though the matter before the District Court could be of greater importance, the idea of giving preference to a subordinate court over a superior court is frowned upon.
Therefore, when seeking a passover in a District Court, you should mention that your senior is occupied in a High Court / Supreme Court.
Similarly, in High Court, you mention that the senior is occupied in the Supreme Court. And when you're at the Supreme Court, you indicate that the senior is arguing before another bench of this Hon’ble Court.
In an ideal world, judges should understand that the importance of the matter/stage of the case could require appearance before a court lower in hierarchy first, but we have commonly seen judges get infuriated over this.
It's best to play along this little game.