- Published on
Memo of Appearance
- Authors
- Name
- @EkAamDesiNagrik
The Memo of Appearance is an important procedural filing in Indian courts. It allows an advocate to formally inform the court that they are appearing on behalf of a party, even if a Vakalatnama has not yet been filed. This distinction is vital in understanding the practical functioning of litigation in India.
What is a Memo of Appearance?
- A Memo of Appearance is a document filed by an advocate in court to record their appearance on behalf of a party, usually when the signed Vakalatnama from the client is not yet available.
- It serves as an intimation to the court that the advocate is representing the party and often includes a commitment to file the Vakalatnama on the next date.
- Commonly filed at the first appearance or in urgent matters.
Difference between Memo of Appearance and Vakalatnama
| Aspect | Memo of Appearance | Vakalatnama |
|---|---|---|
| Nature | Informal filing notifying appearance. | Formal document granting legal authority. |
| Signed by | Advocate only. | Client (party) and accepted by advocate. |
| Purpose | Temporary recognition until Vakalatnama is filed. | Permanent authority to act, plead, and represent. |
| Legal Effect | Advocate can appear but cannot take binding steps. | Advocate has full authority (pleadings, compromise, withdrawal, etc.). |
| Usage | First appearance, urgent matters, or when Vakalatnama is not ready. | Filed to continue representation officially. |
In short:
- Memo of Appearance = Temporary intimation by advocate.
- Vakalatnama = Client’s formal authorization to advocate.
Format of Memo of Appearance
IN THE COURT OF ****____**** AT ****___****
Civil Suit / Criminal Case No. **_** of 20___
Between:
______________________________ (Name of Plaintiff / Petitioner / Complainant)
Versus
______________________________ (Name of Defendant / Respondent / Accused)
MEMO OF APPEARANCE
Sir / Madam,
Kindly take notice that I, ______________________, Advocate, enrolled with the Bar Council of __________________ (Enrolment No. __________), hereby enter my appearance on behalf of __________________ (name of the party) in the above- mentioned case.
I undertake to file a duly executed Vakalatnama on the next date of hearing.
Place: ___________
Date: ____________
(Signature of Advocate)
(Name of Advocate)
Address: __________________
Phone / Email: _____________
Key Points to Remember
- Memo of Appearance is valid only as an interim measure until the Vakalatnama is filed.
- Some courts insist on its filing at the first hearing, while others allow oral submission.
- It does not empower the advocate to take binding steps such as withdrawal, compromise, or settlement.
- A Vakalatnama must follow to give the advocate complete authority.