Applications For The Posts Of Law Clerks - High Court Of Himachal Pradesh (Page 4 of 6) in pdf

DUTIES AND FUNCTIONS OF LAW CLERKS

(a) The Law Clerk shall conduct such research as to facts and law on

any case or cases pending before the Judge to whom he is

attached as and when he is entrusted to do so by the Judge

concerned. The Law Clerks would conduct the research in printed

or in electronic form, statute, resolution, text etc. on the related

question of laws and report the result of such research to the Judge

orally or in writing as required. In doing so, the Law clerk would

have to analys various factual aspects and facets of law involved.

(b) The Law Clerk may participate in the oral discussion of the Judge in

the residence of the Judge or in the Judges chamber or at the

discussion amongst Judges who are hearing a case or have heard

the case to then extent allowed by the Judge or Judges concerned.

shall have to read the file in advance and prepare a brief containing

a summary of the facts of the case, final decision of the court below

if any, the reasons thereof and the issues of fact or law thereon for

adjudication. Such bench memorandum would fairly represent the

contentions of the respective parties without any bias in favour of

one party or other. The Law clerk in the memorandum would not

express his opinion as to the correctness or otherwise of any plea

of any of the parties, but may indicate as to whether a particular

plea is supported by or is contrary to any documentary or oral

evidence or any precedent of the Supreme court or any High Court.

The Law Clerk would be obliged to keep the contents of the Bench

memorandum and his discussions with the Judge absolutely

confidential.

(d) The Registry would also maintain absolute confidentiality of the

Bench memorandum and follow a procedure by which even when

files of the cases are circulated to the residences or chambers or

court halls, the Bench memorandum is kept absolutely confidential.

Alternatively,

Bench

memorandum

would

maintained

confidentially at the residence of the Judges only and in case of

need for consultation therewith kin court, the Judge concerned

would issue necessary directive(s) to the Law Clerk and the Court

master for production thereof.

(e) In any matter other than final hearing matters, the Law Clerks may

prepare such synopsis of facts and conduct research on the law as

may be required by the Judge.

(f) The Law Clerk must conduct necessary research in the Judges

library of the High Court or the residential library of the Judges

library or the High Court or the residential library of the Judge or

other library or through internet and must keep themselves abreast

with the latest precedents of the Supreme court and of the High

Courts, more particularly of this Court so as to be of maximum

assistance to the judge concerned as and when necessary.

(g) It shall be the duty of the Law Clerk to attend the residence of the

Judge concerned in the mornings and evenings or on weekends

and during holidays as may be directed by the Judge concerned.

(h) It shall be the duty of the Law Clerk to attend the court of the

Judge concerned and take notes of the arguments of the counsel.

(i) The Law clerk may verify the final judgment prepared by the Judge

to ascertain to refer to some arguments of the counsel or the errors

as to the facts or grammar or construction of sentences. It shall be

his duty to draw the attention of the judge concerned to such

omissions or errors, if any.

Applications For The Posts Of Law Clerks - High Court Of Himachal Pradesh Page 4

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