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Court Process

I'm going to court for the first time. What happens at a hearing?

Simple answer

Most hearings are short. Your case is called by its item number on the day's cause list; the judge hears the lawyers, records what happened and gives the next date. Many early dates are for paperwork or adjournments, so a case often takes many dates.

Real-life examples

Anjali reaches the district court at 10 am and finds her case at item 23 on the cause list outside Court Room 5. When it is called, her lawyer asks for time to file documents, and the judge gives a date six weeks later.

Mohammed is an accused in a summons case and works in another city. His lawyer applies for exemption from personal appearance, and the Magistrate lets him appear through his lawyer on routine dates.

Pooja's opponent keeps asking for adjournments. In a civil suit, a party generally can't get more than three. In a criminal trial, a lawyer being busy in another court is not a valid reason for adjournment.

What should you do?

  1. 1A day before, check the cause list on eCourts for your court room and item number.
  2. 2Reach early with ID, your summons or notice, and copies of all case papers. Dress neatly.
  3. 3Switch off your phone, stand when the judge enters, and speak only when asked. Address the judge politely as 'Sir' or 'Madam'.
  4. 4Wait near the court room. If your case is called and nobody appears, the court may pass an order against you.
  5. 5Before leaving, note the next date and what will happen then. Confirm it with your lawyer or on eCourts.
  6. 6If you can't attend, tell your lawyer early so they can ask for exemption or a new date.

Exceptions & limits

  • In a criminal case, the accused usually must attend every date unless the court exempts personal appearance.
  • Evidence days can be long, as witnesses are questioned one by one. Be ready to stay the whole day.

Official legal reference

  • Code of Civil Procedure, 1908 — Order XVII

    A civil court may adjourn for sufficient cause and order costs; generally no more than three adjournments to a party.

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 346

    Criminal trials should run day to day; at most two adjournments for reasons beyond a party's control; a busy lawyer is not a ground.

    Earlier: CrPC Section 309Read the official text
  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 228

    A Magistrate issuing a summons may excuse the accused's personal attendance and allow appearance through a lawyer.

    Earlier: CrPC Section 205Read the official text
  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 355

    The court may proceed in the accused's absence if a lawyer represents them and their presence is not needed.

    Earlier: CrPC Section 317Read the official text
  • Code of Civil Procedure, 1908 — Section 89

    The court can refer a civil dispute to arbitration, conciliation, mediation or Lok Adalat if settlement seems possible.

Where to get help

eCourts Services

Check case status, next hearing date and orders using the CNR number.

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Source & status

Applies to
All of India
Law in force since
1 Jul 2024
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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