Exemption from personal appearance

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

MEMO OF PARTIES

Versus

Next date of hearing: [DATE]

APPLICATION ON BEHALF OF THE [ACCUSED / PARTY] FOR EXEMPTION FROM PERSONAL APPEARANCE FOR [TODAY / THE DATE __] [UNDER SECTION 228 / 355 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (SECTION 205 / 317 CrPC)] [or, in a civil matter, UNDER ORDER III RULE 1 READ WITH SECTION 151 CPC]

Respectfully showeth:

1. That the above-noted case is fixed for [today / DATE] for [STAGE OF THE CASE].
2. That the applicant is unable to appear in person on the said date because [REASON — e.g. illness, as per the medical certificate annexed as Annexure A-1 / unavoidable travel / other].
3. That the absence of the applicant is neither intentional nor deliberate. The applicant is being represented by counsel, who is present.
4. [In a criminal matter: That the applicant undertakes not to dispute identity, and has no objection to proceedings, including recording of evidence, taking place in the presence of counsel.]
5. That the applicant undertakes to appear in person on the next date of hearing or whenever directed by this Hon'ble Court.
6. That exemption is sought [for the hearing on date only / as a continuing dispensation], under the provision appropriate to that scope, namely [Section 355 or 228 BNSS / saved Section 317 or 205 CrPC].
7. That inability to attend arises from [specific reason and dates], supported by [medical / travel / other evidence]. The case is fixed for [stage]; any stage at which identity or personal attendance is material is disclosed.
8. That counsel [name] is authorised and will attend. The applicant undertakes not to dispute identity solely because of the dispensation and to attend whenever ordered; the proposed arrangement will not prejudice examination or progress.
9. That prior exemptions, attendance defaults, warrants and bail conditions are [complete particulars]. A pending or existing warrant is addressed by appropriate separate relief rather than presumed cancelled by this application.

PRAYER

It is, therefore, respectfully prayed that the applicant may kindly be exempted from personal appearance for [today / DATE], in the interest of justice.

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Applicant

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE], Aadhaar No. [IF LAWFULLY REQUIRED], Mobile No. [NUMBER].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That I am competent to swear this affidavit. The accompanying [suit / petition / application] was drafted by counsel on my instructions, read over and explained to me in [LANGUAGE], and is adopted as part of this affidavit. Its facts are true to my knowledge or identified records; legal submissions rest on advice believed true.
2. That [no same or similar proceeding on this cause has been filed / all prior and pending proceedings, outcomes and orders are disclosed here: ___]. Nothing material is concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Applicant