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sandeep (pvt service)     22 February 2015

Can written arguement be used as evidence in other case

can written arguement submitted by the opposite lawyer be used as evidence in my other case, as the arguement that the have put forward is good to me in my other case, so is it a valid evidence? as an arguement is done by a lawyer.....thanks



Learning

 6 Replies

Samir N (General Queries) (Business)     22 February 2015

Well written arguments consists of statement of facts followed by legal arguments. If written by a lawyer, arguments do not constitute admission of facts unless signed by the client under penalty or perjury or under oath.  Arguments are usually not required to be signed under oath and therefore statements in them are, strictly speaking, not evidence. The client can always claim that he/she did not approve of the arguments or did not read them as they were legal arguments. Affidavit is a whole different ball game.

Samir N (General Queries) (Business)     22 February 2015

I meant "penalty of perjury."

Upendra (Lecturer)     23 February 2015

No arguements cannot be used as evidence, as it is the lawyers statement and not the opposite party's statement.

i sugest try to search in the petition/ counter filed by the other party theay can be used as evidence.

and also try to search in chief examination/ Affidavit  or cross examination of the other party theay can be used as evidence.

if the statement required by you is not found in any of the above bring the same to notice in your arguement and cite the same as new addition and try to win this case.

kvss.prabhakar rao (Advocate )     23 February 2015

 Written Arguments are not  documents . It is not substantial piece of evidence. It self explanatory with regard  facts  and law position .

fighting back (exec)     23 February 2015

It is an interesting point. But suppose if we confront the opposite party in cross examination in the other case and ask if this is really what she meant as per the written aruguement, and if it is admitted in cross, then isn't it useful...only thing is the arguement copy should be used carefully to bring out an admission from the the clients mouth itself.

fighting back (exec)     23 February 2015

It is an interesting topic also request other experts to share thier views

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