In the fast-paced environment of the Bangladesh courtroom—particularly in the Magistrates’ Courts or the CMM/CMM Court—legal emergencies often arise before formal paperwork can be finalized. This is where the Memorandum of Appearance, commonly referred to as a “Memo,” becomes an indispensable tool for a criminal lawyer.
What is a Memorandum of Appearance?
A Memorandum of Appearance is a preliminary document filed by an advocate to notify the court that they have been instructed to represent a specific party (usually the accused) in a proceeding.
Why is it used instead of a Vakalatnama?
While a Vakalatnama is the definitive legal authorization (requiring the client’s signature and a court fee stamp), it isn’t always practical in the heat of the moment. You might use a Memo when:
- Urgency: The accused has just been produced in court, and there is no time to get a Vakalatnama signed or stamped.
- Jail Custody: The client is in prison, and obtaining their signature on a formal Vakalatnama would cause a delay that misses a crucial bail hearing.
- Ad-Interim Representation: You are appearing for a specific motion (like a time petition or an initial bail prayer) while the formal appointment is being processed.
Legal Status
Under the Civil Rules and Orders (CRO) and the Criminal Rules and Orders, a Memo allows an advocate to address the court. However, it is usually accepted on the condition that a formal Vakalatnama will be filed at the next available date.
Key Components of a Memo
To be valid and professional, a Memo should contain:
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The Court Name: (e.g., In the Court of the Learned Metropolitan Magistrate, Dhaka).
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Case Reference: The G.R. No., C.R. No., or Police Station Case Number.
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Parties: State of Bangladesh Vs. [Name of Accused].
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The Statement: A clear declaration that you have been instructed to appear.
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Undertaking: A promise to file the formal Vakalatnama later.
Template: Memorandum of Appearance
IN THE COURT OF THE LEARNED [INSERT COURT NAME, e.g., CHIEF METROPOLITAN MAGISTRATE], [CITY/DISTRICT]
G.R. CASE NO. _________ OF 202__ (Arising out of ___________ Police Station Case No. ____ dated ________)
In the matter of: The State ………………………………………………………. Opposite Party
-Versus-
[Name of the Accused Person(s)] …………………….. Accused-Petitioner(s) (In Custody/On Bail)
SUBJECT: MEMORANDUM OF APPEARANCE ON BEHALF OF THE ACCUSED.
Most Respectfully Sheweth:
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That, I, [Your Name], Advocate, [Name of Bar Association, e.g., Dhaka Bar Association], have been duly instructed by the [Accused/Relative of the Accused] to appear, plead, and act on behalf of the accused person(s) in the above-mentioned case.
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That, due to [Reason: e.g., the accused being in judicial custody / the urgency of the matter], a formal Vakalatnama could not be executed and filed at this moment.
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That, the undersigned undertakes to file the formal Vakalatnama in due course/by the next scheduled date of hearing.
Prayer It is, therefore, prayed that your Honour would graciously be pleased to accept this Memorandum of Appearance and permit the undersigned to conduct the proceedings on behalf of the accused-petitioner(s) for the ends of justice.
And for this act of kindness, the Petitioner(s) as in duty bound shall ever pray.
Filed by:
(Signature)
[Your Full Name] Advocate, [Bar Association] Supreme Court of Bangladesh / [Local Court] Enrollment No: _________ Date: [Insert Date]
Important Reminder
In many jurisdictions in Bangladesh, judges may be strict about the “undertaking.” If you file a Memo and fail to follow up with a stamped Vakalatnama at the next hearing, the court may refuse to hear you or pass adverse orders against your client.