Jaya's Civil Trial Handbook : Essential Practice & Procedure for Malaysian Courts by Jayabalan Raman Kutty | 2025

Jaya's Civil Trial Handbook : Essential Practice & Procedure for Malaysian Courts by Jayabalan Raman Kutty | 2025

Author	Jayabalan Raman Kutty
Publication Date	Aug 2025
ISBN	9786299620808
Format	Softcover
Publisher	Asia Knowledge Law Books

 

This handbook is a practical resource for civil litigation lawyers, addressing the three main phases of a civil suit: pre-trial, trial, and post-trial. It aims to provide clear, concise guidance and quick reference on common procedural and practice-related issues, with helpful notes and sample forms included in the Annexure for hands-on support.

Part I – Pre-Trial
This section focuses on getting ready for trial and highlights key tasks such as understanding the significance of pleadings, making amendments, navigating case management, complying with pre-trial directions, and preparing trial documents like the agreed bundle and witness statements. It also addresses discovery processes, handling third-party interventions, and applying for extensions when deadlines are missed.

Part II – Trial
This part covers issues encountered during the trial itself. It explains the role of the trial judge in an adversarial system, the solicitor’s responsibilities as an officer of the court, and the implications of a party’s absence at trial. It then explores the burden of proof, examination of witnesses, assessing credibility, expert evidence, and the importance of legal professional privilege. Procedures for submitting documentary evidence, applying the parol evidence rule, raising objections, proving damages, and preparing persuasive written submissions are also discussed.

Part III – Post-Trial
This section deals with matters following the court’s decision, including extracting judgments and determining party-and-party costs. It outlines the procedures for seeking a stay of execution or proceedings during an appeal and explains the appeal and cross-appeal process. When advising clients on appeals, it’s essential to assess the likelihood of success, which involves understanding the appellate court’s scope for intervention—a topic also covered here.

Annexure
At the end of the book, the Annexure offers practical notes on common litigation issues and includes forms and precedents that are especially helpful for junior practitioners.

Key Highlights of Jaya's Civil Trial Handbook : Essential Practice & Procedure for Malaysian Courts:

• Guidance on pre-trial processes such as pleadings, case management, and preparation of documents

• Detailed explanation of the roles of trial participants and managing witness and expert testimony

• Strategies for handling trials, including burden of proof, evidence rules, and objections

• Tips for preparing written submissions and managing post-trial procedures like judgments and costs

• Clear overview of appeal processes and principles guiding appellate court intervention

Contents of Jaya's Civil Trial Handbook : Essential Practice & Procedure for Malaysian Courts:

CHAPTER 1: Pleadings

CHAPTER 2: Amendment of Pleadings

CHAPTER 3: Adjournment

CHAPTER 4: Pre-Trial Case Management

CHAPTER 5: Common Case Management Directions

CHAPTER 6: Agreed Bundle of Documents

CHAPTER 7: Witness Statement

CHAPTER 8: Discovery

CHAPTER 9: Interrogatories

CHAPTER 10: Intervening

CHAPTER 11: Security for Costs

CHAPTER 12: Extension of Time

CHAPTER 13: Role of the Trial Judge

CHAPTER 14: Continuation of Trial before new Judge

CHAPTER 15: Recusal of Judge

CHAPTER 16: Disqualification of Advocate and Solicitor and The Firm

CHAPTER 17: Duty of Advocates and Solicitors to Court

CHAPTER 18: Absence at trial

CHAPTER 19: Consent Judgment

CHAPTER 20: Burden of proof

CHAPTER 21: Principles Concerning Witnesses at Trial

CHAPTER 22: Witness Statement

CHAPTER 23: Examination of Witness

CHAPTER 24: Assessment of Conflicting Oral Evidence

CHAPTER 25: Credibility of Witnesses

CHAPTER 26: Adverse Inference

CHAPTER 27: Without Prejudice Communications

CHAPTER 28: Subpoena

CHAPTER 29: Categories of Witnesses

CHAPTER 30: Expert Evidence

CHAPTER 31: Legal Professional Privilege

CHAPTER 32: Admission of Previous Judgments and Criminal Conviction

CHAPTER 33: Admissibility of Documentary Evidence

CHAPTER 34: Admissibility of Computer-Generated Documents

CHAPTER 35: Admission of Audio/Video Recording

CHAPTER 36: Parole Evidence Rule

CHAPTER 37: Submission of No Case to Answer

CHAPTER 38: Recalling Witness and Reopening Case

CHAPTER 39: Objections

CHAPTER 40: Proving Damages

CHAPTER 41: Post-Trial Submission

CHAPTER 42: Judgment and Related Reliefs

CHAPTER 43: Costs After Full Trial

CHAPTER 44: Stay of Execution

CHAPTER 45: Stay of Proceedings

CHAPTER 46: Appeal to the High Court from the Subordinate Court

CHAPTER 47: Appeal to the Court of Appeal from High Court

CHAPTER 48: Principles on Appellate Intervention