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

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.
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.
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.
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.
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:

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.
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.
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.
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.
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.
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.
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.
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.

Consider framing issues that address the arguments and positions of all parties involved in the case.

Organize the framed issues in a logical sequence that follows the flow of the case and the legal arguments presented.

Numbering the issues can help in maintaining clarity and structure.

Here is an example;

2.0 Issues

Whether there was a contract between the parties
What reliefs are the parties entitled to?

Analysis of the facts, evidence, issues, and law

This is the main part of your submission.

On every issue that you raise, you must submit your arguments by analyzing the facts evidence, and the law applicable.

When arguing an issue in a written submission, it is essential to present a clear, logical, and persuasive argument supported by evidence and legal reasoning.

Clearly state the relevant legal principles, statutes, and case law that apply to the issue at hand.

Establish the legal framework within which your argument will be presented.

Present the relevant facts and evidence that support your position on the issue.

Reference specific evidence from the case record to strengthen your argument.

Analyze how the facts and evidence align with the legal principles you have outlined. Explain how the law applies to the specific circumstances of the case.

Anticipate and address potential counterarguments or opposing viewpoints. Refute counterarguments with strong reasoning and evidence.

Refer to relevant case law and precedents that support your argument. Show how previous legal decisions are applicable to the current issue.

Present your argument in a logical and organized manner. Use headings, subheadings, and bullet points to structure your points.

Summarize your argument and restate your position on the issue. Conclude with a strong statement that reinforces the strength of your argument.

Provide proper citations for all legal authorities, case law, and evidence referenced in your argument.

here is how you should present

Prayers

After the presentation of all of the issues, you must include a prayer.

When including a prayer in written submissions, it is important to clearly and concisely state the specific relief or remedy you are seeking from the court.

for example;

Date

Your submission must be dated like this

Things to consider before writing a submission to the court

Before drafting a submission to court, there are several key considerations to keep in mind to ensure its effectiveness and compliance with legal standards. Here are some important factors to consider:

Understanding the Case: Before writing your submission, thoroughly familiarize yourself with the details of the case, including relevant facts, legal issues, and arguments raised by both parties. A comprehensive understanding of the case is essential for crafting persuasive and well-informed submissions.
Legal Research and Authority: Conduct thorough legal research to identify applicable statutes, case law, and legal principles relevant to your case. Support your arguments with authoritative legal sources to strengthen your position and credibility.
Know Your Audience: Consider the audience of your submission, which typically includes the judge or judges presiding over the case. Tailor your arguments and language to appeal to the judge’s interest and style. (kuna majaji engine wanapenda mambo mengi, wengine straight to the poitpoint, ukijua Judge unanemwandikia anapenda kitu gan kwenye submission itakusaidia kuandika subision nzuri zaidi)
Court Rules and Procedures: Familiarize yourself with the specific rules and procedures governing submissions in the relevant court jurisdiction. Adherence to these rules is essential for ensuring the admissibility and effectiveness of your submission. (read Court of Appeal rules, they provide procedures for the presentation of written submission in the Court of Appeal)
Clarity and Organization: Structure your submission in a clear and organized manner to facilitate understanding and readability. Use headings, subheadings, and logical transitions to guide the reader through your arguments cohesively.
Conciseness and Focus: Avoid unnecessary repetition or irrelevant information in your submission. Be concise and focus on presenting only the most relevant and persuasive arguments to support your case.
Consideration of Counterarguments: Anticipate potential counterarguments that may be raised by opposing parties or the court. Address these counterarguments effectively in your submission to strengthen your position and preemptively refute opposing claims.
Objective and Professional Tone: Maintain an objective and professional tone throughout your submission, avoiding emotional language or personal attacks. Present your arguments respectfully and persuasively which enhances your credibility with the court.

Things to avoid when writting written submission to court

Avoiding common pitfalls in written submissions is crucial for maintaining credibility and effectiveness in legal advocacy.

Here are some things to avoid:

Ambiguity and Vagueness: Clear and precise language is essential in written submissions. Avoid ambiguous or vague statements that could lead to misinterpretation or confusion by the court.
Excessive Length: While it’s important to provide thorough arguments, excessively long written submissions can be overwhelming and may dilute the impact of key points. Strive for conciseness and focus on presenting the most relevant information.
Emotional Language: Written submissions should maintain a professional and objective tone. Avoid using emotionally charged language or making personal attacks, as this can undermine the credibility of your arguments.
Ignoring Court Rules and Procedures: Familiarize yourself with the specific rules and procedures governing written submissions in the relevant jurisdiction. Failure to adhere to these rules could result in your submission being disregarded by the court.
Lack of Legal Authority: Ensure that your arguments are supported by relevant legal authority, such as statutes, case law, and legal principles. Avoid making unsupported assertions or relying on outdated or irrelevant sources.
Inconsistency and Contradiction: Ensure that your written submission is internally consistent and free from contradictions. Inconsistencies can weaken your arguments and undermine your credibility with the court.
Overreaching or Exaggeration: Avoid making exaggerated or unsupported claims in your written submission. Stick to the facts and present your arguments in a balanced and credible manner.
Poor Formatting and Presentation: Pay attention to the formatting and presentation of your written submission. Use clear headings, subheadings, and formatting conventions to organize your arguments and make them easy to follow.
Lack of Proofreading and Editing: Thoroughly proofread and edit your written submission before filing it with the court. Typos, grammatical errors, and other mistakes can detract from the professionalism of your submission and may reflect poorly on your advocacy skills.

Sample of a written submission pdf

Conclusion

My aim here was to share with you everything you need to know about written submissions in Tanzania.

I hope you have found this guide useful.

Before you go, I want to tell you something;

Writing a written submission is an art.

It involves the creative expression of persuasive arguments, meticulous attention to detail, adaptability to different contexts, impactful communication, strategic decision-making, and ongoing skill development.

Just as a painter uses brushes and colors to create a masterpiece, lawyers use words and legal principles to craft compelling written submissions that advocate for their client’s interests in court.

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

Table of Contents

Meaning of written submission

Advantages of written submission

Disadvantages of written submissions