Rules of the Federal Court 1995 & Rules of the Special Court 1994 [As at 15th July 2022]

Rules Of The Federal Court 1995 

Rules Of The Special Court 1994 

[As at 15th July 2022]

Detailed Contents of Rules of the Federal Court 1995:

The Rules of the Federal Court 1995 and Rules of the Special Court 1994 are sets of procedural rules governing the Federal Court and Special Court of Malaysia, respectively. The Federal Court is the highest court in Malaysia, while the Special Court deals with specific matters under certain laws. Below is a detailed overview of the rules.

Rules of the Federal Court 1995:

1. Citation and commencement: The rules may be cited as the Rules of the Federal Court 1995 and came into operation on 1 January 1996.

2. Interpretation: Defines the meanings of terms used in the rules, such as "Act," "appeal," "Chief Justice," "Registrar," and "Rules Committee."

3. Appeals: Deals with the filing of appeals, including the form and content of notices of appeal, the time limit for filing appeals, and the procedure for seeking leave to appeal.

4. Applications: Covers applications for permission to intervene in an appeal, applications for extension of time, and other miscellaneous applications.

5. Process: Sets out the procedure for serving documents, such as notices of appeal and summonses, and the form of affidavits.

6. Stay of execution: Outlines the conditions under which a stay of execution may be granted, including the filing of a security bond.

7. Hearing of appeals: Addresses the conduct of the hearing, including the requirement for parties to file written submissions and the procedure for oral submissions.

8. Judgment and orders: Explains the process for issuing judgments and orders, including the signing of judgments and orders by the judges and the filing of copies with the Registrar.

9. Costs: Covers the taxation of costs, including the procedure for submitting bills of costs and the assessment of costs by the Registrar.

10. Review: Deals with the procedure for seeking a review of a judgment or order of the Federal Court.

11. Amendments to rules: Provides for amendments to the rules by the Rules Committee, subject to approval by the Chief Justice.

Rules of the Special Court 1994:

1. Citation and commencement: The rules may be cited as the Rules of the Special Court 1994 and came into operation on 1 May 1995.

2. Interpretation: Defines the meanings of terms used in the rules, such as "Act," "court," "judge," "proceedings," and "Registrar."

3. Commencement of proceedings: Outlines the procedure for commencing proceedings in the Special Court, including the form and content of the originating summons and the requirement for service of the summons on the respondent.

4. Defence: Covers the filing of a defence by the respondent, including the form and content of the defence and the time limit for filing.

5. Interlocutory matters: Addresses interlocutory matters, such as the procedure for seeking an adjournment and the provision for the court to give directions for the conduct of proceedings.

6. Evidence: Sets out the procedure for adducing evidence, including the form of affidavits and the provision for oral evidence to be taken.

7. Hearing: Deals with the conduct of the hearing, including the procedure for the examination of witnesses and the provision for parties to make submissions.

8. Judgment: Explains the process for issuing judgments, including the provision for reserved judgments and the requirement for reasons to be given.

9. Costs: Covers the taxation of costs, including the procedure for submitting bills of costs and the assessment of costs by the Registrar.

10. Appeals: Provides for appeals from the Special Court to the High Court, including the procedure for filing appeals and the requirement for leave to appeal.

11. Amendments to rules: Provides for amendments to the rules by the Minister responsible for the Act under which the proceedings are brought.