How to write a plea? Method and example

 In order to answer this question, we will look at the different parts of a written plea (I), before looking at a concrete example of a plea (II).

The different parts of a written plea

The plea consists of three (3) parts, namely an introduction (A), a main body (B), and a conclusion (C).

Introduction

The introduction is the first part of a plea. First, you must summarise the facts. This means that you must omit any superfluous or unnecessary details. Second, you must raise the legal issues. The plea concerns a practical case. Therefore, after describing the facts, you must highlight the issues that arise from them. Thirdly, the solicitor must announce the plan. Generally, there are two parts. The first part analyses the case in terms of form, and the second part analyses it in terms of substance. This constitutes the development.
Body

As mentioned above, the development involves analysing the case in terms of its form (1) and substance (2).

The form

The form refers to the procedure. Here, it is necessary to determine whether the referral to the court is valid or not. To do so, the territorial and material jurisdiction of the court seised is generally considered. In addition, subject-matter jurisdiction concerns the subject matter, i.e. the subject of the dispute; what the case is about. Thus, the ordinary courts rule on all cases, except where a law expressly gives jurisdiction to another court. After criticising the form of the proceedings, i.e. the procedure, the defendant's solicitor may argue that the action is inadmissible. This occurs, for example, when the action is not brought within the legal time limits. This is referred to as the statute of limitations. Once the form has been addressed, we move on to the substance of the dispute.

The substance

Here, the aim is to debate the arguments and claims of the opposing party. This is known as the defence on the merits. In order for their arguments to be valid, the parties must provide evidence. Let us now look at a concrete example.

Conclusion

Here, it is appropriate to say what one wants. Let us now move on to a concrete example.

• Getting help to write your plea

 

Concrete example of a plea (plea by the claimant)

We will discuss both form and substance directly. The fictitious case chosen concerns OHADA law.

The form

We will look at subject-matter jurisdiction (A) before addressing territorial jurisdiction (B).

Subject-matter jurisdiction

According to Article 14(3) of the revised Treaty establishing OHADA, "when seized by way of appeal in cassation, the Court shall rule on decisions rendered by the courts of appeal of the Contracting States in all cases raising questions relating to the application of the Uniform Acts and regulations provided for in this Treaty, with the exception of decisions applying criminal sanctions."

In the present case, the dispute raises questions relating to the application of the Uniform Act on Commercial Companies and the Uniform Act on the Organisation of Simplified Recovery Procedures and Enforcement Measures; and the State of HORCHAM is a State Party to the OHADA Treaty.

Therefore, your Court has jurisdiction over the subject matter.

What about territorial jurisdiction?

Territorial jurisdiction

Under Article 14(3) of the revised Treaty establishing OHADA, ‘When hearing appeals, the Court shall rule on decisions handed down by the courts of appeal of the Member States in all cases raising questions relating to the application of the Uniform Acts’.

In the present case, the judgment submitted to the Court of Justice and Arbitration for review was handed down by the Maradi Commercial Court of Appeal, which is a court of second instance in the State of HORCHAM, a State party to OHADA since 2010. In doing so, the jurisdiction ratione loci of the Common Court of Justice and Arbitration is fully proven.

Consequently, this Court has full jurisdiction to hear this dispute.

What, then, is the admissibility of the appeal? [Here, it is a matter of saying that the action was brought within the time limit. It is therefore admissible].

The substance

It appears from the factual report that Mr KABLAN, holding a debt of 2,500,000 CFA francs with NOVATIS, is proceeding with a seizure of debt from BANQUE BELTIC. However, when reproducing Articles 156 and 169 verbatim, he omitted certain references.

Is this attachment of debt therefore not valid?

Article 157 of the AUVE states that ‘Any creditor with an enforceable title establishing a liquid and due debt may, in order to obtain payment, seize from a third party the debts owed by his debtor relating to a sum of money, subject to the specific provisions on the seizure of remuneration.’

In this case, Mr KABLAN had an enforceable title and a debt of 2,500,000 CFA francs. Furthermore, it is due and payable and relates to a sum of money.

Therefore, Mr President, it goes without saying that this attachment is lawful.

Conclusion

We request that the Court:

- Declare the attachment of debt to be valid;

- Order the opposing party to pay the costs.

• Example: a legal plea defending artist Z against copyright infringement and violations of his patrimonial rights