Introduction
In the Name of Allah, the Most Gracious, the Most Merciful.
Welcome to another online lecture with Qasim Bin Sajjad. Today’s topic is very significant: “Five Key Points That Can Make or Break Your Case in Court.”
Even if you are right and the judge wants to favor you, missing these critical points can lead to problems, and the judge may not be able to help you. Let’s discuss these five essential points.
1. Being an Absconder
If you avoid appearing in court or go into hiding, how can the court ensure justice?
- Ex-Parte Proceedings: For instance, in family cases, if one party does not appear in court, an ex-parte decision is made. This often happens in divorce cases where one spouse refuses to attend court or respond.
- If you fail to appear, you lose your chance to present your side, even if you are right.
- Hiding from the court can escalate matters, leading to legal actions like blocking your ID card, passport, or even auctioning your property.
Key Advice: Always appear in court to defend your case.
2. Understanding Limitations
In civil cases, the law imposes strict deadlines for filing appeals or claims.
- For example, if the appeal period is 30 days and you file it after 35 days, even a valid claim may be dismissed.
- Courts can extend deadlines in exceptional cases, but you must file an application for an extension with valid reasons.
Key Advice: Always be aware of the limitation period and act promptly.
3. Providing Accurate Facts
Whether it is a civil or criminal case, presenting accurate facts is crucial.
- Clearly explain the issues and provide all necessary details to your lawyer.
- For instance, in property cases, mention whether you have possession of the property.
- Avoid hiding or exaggerating facts, as it can harm your case.
Key Advice: Truthfully present all facts and evidence to support your claim.
4. Submitting Proper Documents
Supporting documents play a critical role in court cases.
- Attach all necessary documents, such as agreements, certificates, or proof of ownership.
- If the original document is lost, provide a copy and explain the circumstances.
Key Advice: Ensure all relevant documents are submitted to strengthen your case.
5. Presenting Witnesses
Witnesses are essential in both civil and criminal cases.
- In civil cases, at least two witnesses are required.
- In criminal cases, there are official witnesses (e.g., police officers) and private witnesses.
- Prepare your witness list at the time of filing the case and ensure their availability during hearings.
Key Advice: Reliable witnesses can significantly impact the outcome of your case.
Conclusion
If you fail to present accurate facts, evidence, or witnesses, how will the judge determine the truth? These five points are critical for a successful case.
Trust in Allah and do your part by being honest, punctual, and prepared. When you take the right steps, Allah will guide the judge’s heart to rule in your favor.
Thank you very much. Take care of yourself. May Allah bless you.
