The Art of Drafting Prayers in Legal Drafting - Tips to keep in mind while drafting prayer

What is prayer in legal drafting?

In legal drafting, the term “prayer” refers to the section of a legal document, such as a complaint, petition, or motion, where the party making the filing requests relief from the court or other legal authority.

The prayer is typically located at the end of the document and specifies the specific relief or remedy that the party is seeking, such as damages, injunctive relief, or a specific court order. The prayer should be clear and concise and should accurately reflect the relief that the party is seeking.

For example, a prayer in a complaint might read: “WHEREFORE, the Plaintiff prays for judgment against the Defendant in the amount of $100,000, plus interest, costs, and such other relief as the court deems just and proper.”

The prayer serves as a summary of the relief being sought and helps the court understand the scope of the party’s claim.

What is importance of prayer in legal drafting?

The prayer is an essential part of legal drafting as it outlines the specific relief or remedy that the party is seeking from the court or other legal authority. It is important to include a prayer in legal documents as it helps to:

Provide Clarity: The prayer helps to provide clarity and focus to the court on the specific relief or remedy that the party is seeking. This helps to avoid confusion or misunderstandings about the party’s claims.

Establish Jurisdiction: The prayer helps to establish the jurisdiction of the court by specifying the relief or remedy that the party is seeking and the legal basis for that relief.

Limit the Scope of Relief: The prayer helps to limit the scope of the relief or remedy being sought to only what is necessary and relevant to the case. This helps to prevent the court from awarding excessive or irrelevant relief.

Provide Notice to the Opposing Party: The prayer provides notice to the opposing party of the relief or remedy being sought, which allows them to prepare their defense or response accordingly.

Preserve Appellate Issues: The prayer can also help to preserve appellate issues by ensuring that the party has requested all the relief or remedies they may want to appeal in the event of an unfavorable ruling.

In summary, the prayer is an essential component of legal drafting, and it serves to provide clarity, establish jurisdiction, limit the scope of relief, provide notice to the opposing party, and preserve appellate issues.

What is to be kept in mind while drafting prayer in a legal draft?

When drafting the prayer in a legal document, there are several important considerations to keep in mind, including:

Specificity: The prayer should be specific and clearly outline the relief or remedy being sought. It should be tailored to the facts of the case and should not be overly broad or vague.

Legal Basis: The prayer should be based on a recognized legal theory or cause of action. It should clearly state the legal basis for the relief or remedy being sought. Jurisdiction: The prayer should be consistent with the jurisdiction of the court or legal authority. The relief or remedy being sought should be within the court’s power to grant.

Language: The prayer should be written in clear and concise language that is easy for the court to understand. It should avoid legal jargon or overly complex language. Consistency: The prayer should be consistent with the rest of the legal document, including the factual allegations and legal claims. It should not be contradictory or confusing.

Relevance: The prayer should be relevant to the issues raised in the legal document. It should be narrowly tailored to address the specific claims or causes of action.

Compliance: The prayer should comply with all applicable legal requirements, including procedural rules and court orders.

In summary, when drafting the prayer in a legal document, it is important to be specific, provide a legal basis, consider jurisdiction, use clear language, ensure consistency, maintain relevance, and comply with all applicable legal requirements.