Malaysian Court Practice

MALAYSIAN COURT PRACTICE 

TRIAL COURTS 

Malaysian Court Practice is an earnest, if perhaps bold, attempt to provide the legal profession of Malaysia with a guide to the civil procedure and practice of the Ferderal Court, the Court of Appeal, the High Court and the Subordinate Court. The work makes no claim to being an exhaustive reference on the subject, but it is hoped that reference to it may serve to avoid unnecessary labour and research. Its purpose is essentially twofold: first,to facilitate access or recourse to any authority bearing upon Malaysian Civil Procedure by collecting all local decisions into a single and completely indexed source and, secondly, to indicate which English and other precedents have been applied or are of relevance in Malaysia. 

The Rules of Court 2012, which combines the Rules of the High Court 1980 and the Subordinate Courts Rules 1980, came into effect on 1 August 2012. These new rules standardise the rules of procedure relating to civil cases in the Subordinate Courts and the High Courts. The needs therefore arose for a publication that addressed the operation and application of these rules.

one of the main features, amongst others, is the detailed annotations, supported by relevant and recent authorities. These annotations are intended to provide an indepth explanation and guide as to civil procedure and practice in the Subordinate Courts and the High Courts. Useful comparisons have also been made with the Rules of the High Court 1980 and the Subordinate Courts Rules 1980 and where relevant, with the Singapore Rules of Court and the English Rules of the Supreme Court. It must be noted that comparisons to the English rules will only be of academic interest, as they had been superseded by the English Civil Procedure Rules 1998. Nevertheless, the Rules of the Supreme Court have been referred to in this work since they were the basis for the Rules of the High Court 1980.

Reference was also made to the Singapore Court Practice 2009 by Jeffrey Pinsler, SC, a prestigious and leading publication for the Singapore Civil Procedure Landscape. We would like to extend our deepest gratitude and thanks to Jeffrey Pinsler, SC for his excellent work in that publication which has become an indispensable reference to both practitioners and publishers.

Every effort has been made to make the work as complete, accurate and up to date as possible as at the time of publication. This work has been a collaborative effort and is a strong base from which to grow. The work will be updated from time to time, taking into account the frequent changes and developments in the law. It is to be hoped that all those who make use of Malaysian Court Practice will have no hesitation in making their view of the publication known to the publishers. All suggestions and notifications of error, omission or addition should be addressed to Regional Contact Centre, LexisNexis Malaysia Sdn Bhd. 

Contents 

Binder 1

Tables and index

Rules of Courts 2012

Orders 1 - 10

Orders 11 - 20

Orders 21 - 30

Orders 31 - 40A

Orders 41 - 50 

Binder 2 

Orders 51 - 60 

Orders 61 - 70

Orders 71 - 80

Orders 81 - 90

Orders 91 - 94

Appendix A - Forms 

Appendix B1 - High Court Fees 

Appendix B2 - Subordinate Court Fees 

Appendix C - List of Exempted Laws

Binder 3

Tables and Index

Subordinate Courts Act 1948

Subordinate Courts Rules Act 1995

Practice Directions