Crafting Compelling Written Submissions: A Guide for Law Students in Tanzania

Here you will learn everything you need to know about writing very powerful written submissions to court including;

• Meaning of written submission
• Importance of written submission
• How to write a written submission
• Sample of a written submission
• etc,

Let’s get started

Meaning of written submission

The written submission is a form of legal writing that is done, with the leave of the court and upon the agreements of both parties, by parties to the case or their advocate to court to present their arguments in the form of writing instead of an oral hearing.

Advantages of written submission

1. Clarity and Precision: Written submissions allow legal arguments to be presented in a clear and precise manner. By carefully crafting language and structuring arguments, advocates can articulate complex legal points more effectively than in oral presentations, reducing the risk of miscommunication or misinterpretation.
2. Preservation of Legal Arguments: Written submissions serve as a documented record of the legal position, supporting case law, and factual evidence presented by each party. This documentation ensures that arguments are preserved accurately and can be referred back to throughout the legal proceedings.
3. Leveling the Playing Field: Written submissions provide equal opportunity for advocacy, allowing all parties involved in the case to present their arguments comprehensively and thoroughly. This helps ensure that each party’s perspective is considered by the court, regardless of factors such as speaking ability or courtroom presence.
4. Efficiency and Time Management: By presenting arguments in writing, legal proceedings can be conducted more efficiently. Written submissions reduce the need for lengthy oral hearings, as judges can review arguments at their convenience, leading to time savings for both the court and the parties involved in the case.
5. Facilitating Appellate Review: Written submissions create a clear record of the legal issues raised and the arguments presented during the trial or hearing. This documentation is essential for appellate review, providing appellate courts with a comprehensive understanding of the case and facilitating informed decision-making on appeal.

Disadvantages of written submissions

While written submissions offer numerous advantages in legal proceedings, there are also some potential disadvantages to consider:

1. Limited Interactivity: Unlike oral presentations, written submissions lack the interactivity and spontaneity that can occur during verbal arguments. This can make it more challenging to address immediate questions or clarifications from the court or opposing counsel.
2. Difficulty in Conveying Tone: Written submissions may not always convey tone or emphasis effectively, leading to potential misinterpretation of the intended message. Without the benefit of vocal inflection or body language, nuances in argumentation or persuasion may be lost.
3. Inability to Adjust in Real Time: Once a written submission is filed with the court, it becomes part of the official record and cannot be easily modified or amended. This limits the ability to adjust arguments or evidence in response to developments during the proceedings.
4. Potential for Misunderstanding or Misinterpretation: Despite efforts to ensure clarity and precision, written submissions may still be subject to misinterpretation or misunderstanding by the court or other parties. Ambiguities or unclear language could lead to unintended consequences or unfavorable rulings.
5. Reliance on Written Communication Skills: Effective written advocacy requires strong writing skills, including the ability to articulate complex legal arguments clearly and persuasively. Individuals with weaker writing abilities may struggle to convey their arguments effectively in written submissions.
6. Dependency on Document Review: Judges and legal professionals may face significant time constraints when reviewing written submissions, particularly in complex cases with extensive documentation. This could result in less thorough consideration of arguments or evidence than might occur during oral presentations.
7. Potential for Procrastination or Delay: The process of drafting written submissions may be susceptible to procrastination or delay, particularly if deadlines are not enforced rigorously. This could result in last-minute submissions or inadequate preparation, negatively impacting the quality of advocacy.
8. Costs and Resources: Drafting comprehensive written submissions requires time, effort, and resources, including legal research, writing, and editing. For parties with limited resources or access to legal assistance, the costs associated with preparing written submissions could pose a significant barrier to effective advocacy.

How to write a powerful submission

While it may seem that writing submissions lacks strict guidelines, it’s important to recognize that courts have established clear standards over time, primarily through the precedent set by case law.

These precedents serve as invaluable guides, offering a roadmap for crafting submissions that align with judicial expectations and effectively present your case.

Here is how you can write an effective submission

Case title

This is the first element of your submission.

This part includes the name of the court, case number, and parties.

here is what it should look like

Title of the document

Here you just write the title of the document i.e. WRITTEN SUBMISSION.

However, it is a good practice to write a descriptive title like PLAINTIFF FINAL WRITTEN SUBMISSION or 1st & 2nd DEFENDANT’S JOINT WRITTEN SUBMISSION, or RESPONDENTS JOINT WRITTEN SUBMISSION IN SUPPORT OF PRELIMINARY OBJECTIONS ON THE POINT OF LAW….etc. depending on the nature of the case

Do not forget to include the Citation to the order of the court, for example [Pursuant to Orders of Judge…….. Dated….. day of …., 200..] below the title.

Here is what it looks like

Introduction

When writing the introduction of written submissions, it is essential to provide a brief overview of the case, state the purpose of the submission, and outline the key arguments or issues that will be addressed.

here is a truncated introduction of the final submission;

the following is a truncated introduction to the submission for preliminary objection

Facts

After an introduction, you must chronologically include the material facts.

Including material facts in written submissions is crucial as it provides a chronological background of the events leading to the dispute.

Material facts help establish the context of the case, clarify the sequence of events, and lay the foundation for the legal arguments and analysis that will follow in the submission.

By outlining the material facts, you provide a clear and comprehensive overview of the case for the court to understand the issues at hand and make informed decisions.

This section is very important, especially when writing a submission on the merit of the case or the final submission.

But for the other submissions, for example, submission on Preliminary Objection it is not necessary to include the material facts, just go straight to the issues.

Issues

When framing issues in written submissions, it is important to identify the key legal questions or disputes that need to be addressed by the court.

Review the facts of the case and determine the specific legal questions that need to be resolved.

These questions should be directly related to the claims and defenses raised by the parties.

Ensure that the framed issues directly address the core legal questions that need to be resolved in the case.

Focus on issues that are essential to the dispute and avoid including extraneous or irrelevant matters.

Ensure that the framed issues are grounded in the relevant legal principles, statutes, and case law applicable to the case.

The issues should align with the legal standards governing the subject matter.

Present a balanced set of issues that cover both sides of the dispute.

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