.

JANAB'S SERIES TO
..IAW PRACTICE
AND LEGAL REMEDIES''

JANAB'S KEY TO
t)
I
T

OCED U
COMBIT{ED RULES

{The Rules of Court 2Ol2 Annexed)

By Datuk Dr'.

Ilj. Hantid

Sultan Bin AbLr Backer

.TANAB (M) SDN. BI-ID

o
N

laMas

kr

7,) Crln.

Pr)clu tr

sajd tules are aimed to provide a .iust

mechanism for expedjtious determhBtion

of tbe trial process. Very sjgnjficaDtly tle
rdes provide additional safe guards to
ensure that dismjssal of appljcation or
actions lor non-compliance of the rulcs
are avoided and all matters are heard on
ments- In essence RHC 1980 has been
presewed with minimal changes and is
also rnade applicabie to the subordinate
court. In consequence, RC 2012 caDnol bc
said to be a ncw set of rules, eveD tholtgh
it may appear to bring rcvolutionary
changes to the practjce in the subordinate
courts-'l'he ordei:s in the RC 2012 which
sill Dot be applicable to thc subordinate
courts has been set out in Order I rule
8 and tbere may be some changes in the
event Subordinate Courts AmeDdment Act
20 l0 comes into forcc-

The mode of commencrn8 an aciion in

tbe Iligh Court or subordinate court rs
now limited to t\r'o modes, namely \rTil
or originating summons. All applications

l.l

OriginrtingProccss

The mode of commencing an action in

1l)e lriSh Court u'as br, wnt, origrnatrng
srrmmoDs, orjginating nrotion and petjtion.
1r subordinate court it 1'as by summons,
{niginating applicatiorl and petition. Undcr
the said RC 2012, the mode ofcommencing
rn action will be by wril and orjginatjrlg
srrrnmons onlv whether it is in t}lc Iiigh
( ourl or sub{rdinate court. Where there
rs a substantinl dispulr of fact, it mtrst be
by wrii. ln addition Ordcr 5 rule 2 which
cmphasises certain cause of action to be
comirenced by writ js now delctcd. The
previous Order 5 rul( 2 \rhich has been
dlcted reads as follows:
"st blecr to iry p,ovir on ol ) wiri.n latr,o' ol thes.
,ul.s, b)/ v'tur ol wh(lr iry pfteedings a'c cxp,essi)
rcqutrcdrobb.grn dhdwBe than b)wnrficrollo$ii,.

p'oc.diDgsnlrlroiwirhni^dnsi )thns .,ul.a.b.

b.tun b) wr', ihir 6

f,,

lit

to

rry, t,o..cdng3

vJrch r.h'D ts6ad. D,h. pla.ntititdrn)'c1,.{

o, n,hpd,! nr anrrn' oir'(,h { i6ra$ (,li(|.
m whi(h. ci.inm.dcb)th. pl.,ntin 6 b*ctl on af
in

.ll.garion oatiud.

u'hich arc filed aftcr the origjnating process

1.1 in ,hi6 . .li'nr amidc ry { pl.inr(fo, diml36
are.eferred to as notice otapplication, and
lo' b'c& h or dury(uh.rhr'
c$r. by
"'r'"
'hi.dury
.r a conrad o' or a p,ovloo
mrdc ry oi undd
no morc surrmons in chambers, notice
law
mdcp.idcdt
.on'{r
!N
wn(.n
or
oI
!ry
of motion, etc, unless a djfferent mode is
olan)nrh t'ovn,on). whsc th. dasascs.lJimcd
presc bed purcuant to othei Acts such
conrii oIo,,'.bdc danqcs in resrd oidcdhor
as the Companies Act 1965, Marriage and
!N p.'son or n rip4r o, p.Bonar in'r'ri.s o m)/
Di\,'orce Act 1976, elc. In consequence,
pccon o'in r3pd ofdan.gc ro aryprope,r/;
or-iginatjng process such as originating
1./, whi.lt. (him 6i,ade byrl! ph'nrififor dan,age:
'n
lo, br.ach ofp@m6c ormadiag..
motion or petition \r'ill still bc relevant
even though it is not the prescribd mode
1a, in whi(h a dlim i! mal. liy !h plan n n, dst,cc{ or
'
$e'.rri')gii1..! oia par.nl
under RC 2O12.
gJi;'il,;:il::i':'5:::""1'l',il1?.*::ll
provisions have been made ror costs
be fixed by thc trial judge at the eDd of .oidnion"
the hearing ot the suit or application in AIt rh above actrons can be commenced
the High court after hearing the parties even by originating summons. There is no*
on issues as to costs. The cumbersome
.*"."""-r.oui."er".nt for anv acuon to
procedure rclating to taxation of
"o
b.
"o"t" "oln-.ncedby writ. Now the cnte afor
has been deleted. In respect of malters
commencjne an;tion bvwnt isonlythatit
relating to the subordinale courts, the must be a cise where there rs hkeltto be a
costs operate as per tie previous scale subsrantial drsDurc offact orherwise rt can
costs with some modificationB, whcn the b
b! orierDatjne summons
judgment sum exceeds RM 500,000. Ftr even"o-ln.n.",i
rhough rhere mayi.
ai"pu..
"o-i dispute
matter where the judgment sum exceeds to facts rn-contrasr r; substantial
^"
RM 500,000 the costs is discretionary and offacts.
cannot exceed RM 40,OO0.

to

The important changes will include the

following:

-$c

Co

bidc.l Rllcs, rhc Rulci orCourf 2012 (RC 2012)

for serving, filing or amending any

1.2

NoticcofApplication
Previous)v, lhe mode of making a::
appiication ir the High Court efter tbe
originating process had been commcnced
was by summons in chambels for matters,
which are to be heard in chambers and
notice of motion for maliers which are
to be heard in open court. ]'he mode
in suttordinate court was by notice of
application, whrch rs usually heerd in
open court. However, now all applications,
whet-l.er for chamber or open court matters
must be made by notice ofapplication.

fi

Non-Compliancc
The previous Order lA and Order 2 of the
RHC 1980 have bccn further fortilied to
ensure thatcases aie heard on merits. The
court beforc striking olrt, must consider
the overriding intelest ofjustice and not
only tlte technical non'compliance of the
rules. This overriding interest of jushce
concept is sufficiently rvide enough to
encompass the position and jurisprudence
relating to non-compliance in the U.K.

1.4

Tirne

Some cosmetic chaDges have been made

to mattcrs relating to timc. For exarDple:
fa) Time limited for entering appearance

is now 14 da]'s

irrespctive of
.jurisdictron, i.e. local or Sabah and
Sarauak. ltevrously, it was 8 days in
the state of Mala),a and l0 days for
state of Sabah and sarawak and 12
days ii it is another state of Malaya
and it is 20 days if it was Sabah and
Sara\rak. All these dislinct days bave
been rmoved to 6x time limited to
nter appearance to 14 days, with
same exceptions.

to conttnue wtth
the proceeding under Order 3 rule 6

fb/ Notice requirement

RHC 1980 after a yar, is deleted. Now

therc is no requirement to give notice
to contiDue proceediDg after one year.
order 3 rule 3 of the RHC 1980 which
relates to excludinS computation of
time dlrring court vacation has been
deleted. In consequence, tifie during
court vacation has to be included

pieading.
1c./

ordrs 8 and 9 of the RHc 1980

relatillg to commel1clrlg action bY
originating motion and petition have
been deleted.

6 rule 6 of the RHc 1980

which requires leave to jsslre writ

(d) Order

serve outsidc jurisdiction

has been deleted. However, leave is
still necessary for seflice of the wdt
outside the jurisdiction of the court

notice

tJo

Ie) Order 12 rule 4 is amended to say

that

the time limited for appearance in all

cases inclusive of Sabah and Sarawak
is now 14 days.

(t ?here is now no time or any forDl

of rcstriction for sereice of pleading
during court vacation as Order 18
rulc S ofRHC l98O is deteted.
/9./ Therc is now no time or any forrn of
rcstriction to amend pleadings du rrg
court vacalion as Order 20 mle 6 of
RHC 1980 is dcletcd.
js now no tifie or any form of
th,i There
restriction to amend pleadings bfore
trial provided both parties consent.
Tbis is provided for by insertion of
new Order 20 rule I2.
(t Order 26 rule I is amended to ensure
that ansr.ers lo interrogatories ar
given in not less than 14 days, after
the seflice of the interrogatories.
A) order 29 rlule I (2!} A) is amended to
ensurc that when a court grants an
er-parte injunction, it must also fix a
date for heariDg the application irter
pdrte wjthin 14 days from thc dalc of
thc ordcr, an(l the said ex-parle order
must be served wrthin 7 days ftom the
date of the older.
(klorder 29 rule 1(3) paves rraY for
the litigant to make an applicatiorfor an injunction without even t}|e
issue of originaling process, prcvided
it is a case of urgency. Howevea, il

the injunction is granted and tie

originating process is not issud

within 2 days of the granting oI the
injunction or such extendcd perjod,

lrN,

K)x T.t O,n ?RacrDt.rul

thc court shall, on the applicatlon

of rhe defcndant,

for appeal is 14 da-vs. PreviouslJ,, i1

was l0 davs.

discharge thc

rnJunctron_

(l) Order 32 rule 13 is amended to

iDclude Oftier 32 rule 13 l2l k)and, (d)
to asserl that an affidavit in reply is to
be served witbin 14 days of service of
the sealed applicatjon, putting a stop
to previous contrcversies. In addition
if the dponent is abroad the time to
seive the reply is extended to 21 days.
(m) Oficr 35 rule 212) has been amended
to allow an application to be made
wjthiD 14 days to set-aside ajudgftent
obtained at the trial in the absence of
a party. Prcviousiy, the time frame
ivas only 7 days. In addjtion Order
35 .ule 2(3) bas been inserted for the
court to have regard to the following
matters namely:

interest of justice;
/r4 \r,'hether abscnce was dcliberair:
or due to an accident or mistake;
i/ftt the prospect ofsuccess at trial;
(iu)arly delay jn making the
appl ication;
11,/

/4 q'hethcr the conduct of Ine

1.5

Appcrr^ncc for Originadng

Summons

Order 12 nrle 8

of RHC 1980,

which deals

with appearance to originatin8 summons

has ben deleted. A new rule l2 is inserted
ro Order l2 ro say lhat no appe^rarrce is
requircd for ori8inating summons.

1.6

CondirionrlAppearance

Order 12 rule 6 ofRHC 1980, which dealt

with conditional appesrance has

becrl
deleted, and newrules 9 and lO have been
inserted to Order 12 to say that entry oI
appearance will lrot constitute a waiver to
set asjde the w t for irregula)-iu"; even if
tt|e dispute is rciated to judsdiclion must
entcr appearance, and within thc t1me
iimited for serving a defence apply to the
coufl for any of the praycrs namell':

/t

to set-aside t}lr writ or seffice thereof;

/ii,,

declaration that the writ was no1 duly

serued;

l/ilt7

discharge the order for service out of

junsdiction;

applicaflt has caused prejLldice

ifir,l discharge the order extending the

cannot
validity of the writ;
be compensated by costs; when
/r./ protection or release of any propert:.\,;
considering an appljcation to setaside, the judgmcnt.
/u, discbarge of the order to prevent anv
dcaling with property;
1n, Order 5IA ruie 4 is amended to say
that any prohibitory order shall, upon i/ul,/ declaration tiat the court has no
jurisdictron over the defendant, relief
the expiration of 12 months, ceasc
or rededy;
to affect the immovable properly or
registered interest specified in such
/uiit such other relief as may be
an order. Previously, tbc time perjod
appropnate.
was onlv 6 months.

to the otber side ivhich

/o./order s3 is amended to arow an

aPplicatioo lot judicial rview to be
made promptil and in anv event
3 months from the dat when tl':
application frst arcse o' when ihc

ilH"i,ffi

fi'"t

commubicated

:i%H:,ti;T:"1#j ']:"X;"'1h:i(,:
-irr"*,.-i"i"ri"ri u.ilr. ..,."
"""" ""rtu
forhi;. ni" o,i"i"n""
I',
r"i"
-"ppry
-a.i""a."i
"aaiirr,
io itt .il"; ii ..
i.
r..
pt""""iirg"
g"r""a
ii,tr"
ir'"
*
.o M;i"l;'
"ry
i'ot tr'' i.of., i""- a'
''

application for stay will not be treated as

(p) Order 56, wbich deals wlth appcals baving submjtted to the jurisdiction. l'or
from the registrar to judge, has been this purposc, the applicant must cnLcr
amended to say that the time pe od appcarancc $'ithin thc time lirltitcd lor
srving a defence and application must be

n\. C.n'L'ocd RulA,

supported by an affidavit, !'cry importantly

veritying tie facts on which the aPplication
is based and seffed together witb the
applicatrorl. Failute to folJow rule l0(l) of
Order 12 may be treated as submissiorl to

thejudsdicrion.

1,7

Norice ofAction To Non-Parties

A new rule l3A is

iDserted to order
15, which deals with causes oI actjon,
counterclairn and partles. This new rule
allows the court on its own motion ol
application by any party to sewe notice of
the action to any person who is nol a party
ihercto but who wjll or may be affected by
anyjudgment given therein, The procedure
for t}le application and mode ofappearance
of the interested party is set out iD thc said
ruies with a specjiic note under rule l3A
fbJ to state that the said rule apPlics to any
action relatrng to the estate of a deceased
person; or any property subject to a trust.

1.8

Cannot Qmnti& Gencral Dam*ges

Rulel2 (1^J is inserted to Order 18 to
ensure that general damages ale not to be
quantified in l}|e claim or counterclaim.
The said sub rule says tJrat no party shall

'hc

RuL( ol C.'trt 2012 (R() 2Ul2)

so. ln addition, notice ofwithdrarval ol thc

ofler can be made in the prescribd Fonn,

and also acceptance, Once accepted ttre

parties can make an applicatjon to court
to record ihe tetms, untiL then ofter to
settle mu$t Dot be discloscd 10 tie court.
An offer to settle is deemed to be offers of
compromise made withotlt prcjudice savc
Order 22a also deals wilh an offer io settl
in case ofjointly or jointly and scvcrally
liable jnstant to the plaintiff and also on
the issue of contdbution or iDdemnity,
\\,hich may exist behleen the defendants.

1.11

Sccurity For Costs

Rule l(2^)12n) and 2(c)h^s been insefid

in order 23 to enable an order for scurity
for costs to be obtained agaiDst a non
party in ljmited cjlcumstances. The non
party must be a Person who is djrectly or
indirectly liable to indemnity as to costs,
as stated in the rules and the appljcation
mu st be sen-'ed on ti|e non-party personally
and also every party to the proceedinS.

1.12

Dhcovery

Major amendments have been introduced

quantit any claim or counterclaim for to
enhance the scope of discovery subject
general damages.

1.9

Trial Without Plee&ngs

Order 18 rule 22 deals with the procedurc
related to trial without pleadings. The old
sub-rule 22(4) has been deleted, which
says that trial \r'ithout pleadings will not
apply to claim for libel, slander, malicious
pr osecutron, falsc imprtsonment. seduction
or breach of promise of marriage or ftaud,
As it is now deletfd therc is no bar to all
rhese c)ajms to be dealt without pleadings.

to theorderotthe courl.ln this respect, the

previous provision for mutual discovery
and that ilithout the order of coun as per
order 24 rules I and 2 of RHc 1980 has
been deleted. Rule 3 has been deleted, and
new rule 4 is introduccd 10 restricl the
scope of documcnts to be discovcred as

follows:
1ra./

thc documents on which the part)

relies or will rely; and

i/b./ the documents which could:
f4 advercelY allect his own case;

1.10 OlIe(To

Scttl

order 22 ofRHC 198O, dealt with paymeDt

into and out of court. This ordcr has been
deleted and replaced by new Ordet 228,
which sts out a conprehetsive procedur
to deal with otler to settle. An oftet to
setue caIl be made at any time before the
matte. is disposed. There is no time limit
for acceptance unless the notice speciies

fit advcrsely aftect another patly's

case. ln
addition, rul 7(3) and 4 has tleen
introduced to deal with the scope
of discovery. Further, rule 7a hss
becn inserted to cnhance the
discovery mechanism to another
person and such discovery cai be

fii, support another party's

JlMs ! K|.t 7a Cut. P|ocr.Du^tl

commenccd before tbe origina0ng l.14 Intcrrogeoric6

Drocess of Ihc antlclDarcd action ^
: -- ln
tjome
cosme c amerldmenls lo lrloer
- aoolllon. rule d^ nrs_ Deen
Itsell
_
-:.-__
.,nttoouceo
26
relaling
to interrogalorres hdve hen
.
; . on
lo Dtace a outv
- --, the-

l,ttlll-,-l^t".-"i"--?,t-"n.
ftotltd
plve
to cllsclose.
confinuc
-""" '. to
-_- . to
,.
,;
,_;Iallns
,:'
orscoverv or a! oocuments
---.
--;'
.:, .,' amoll
, . oI;.;wltrun tne
ule satcl. order
throusnoul tne Droceed$ss.
There are many more mjrror amendments
to the rules and sub rules to Order 24. For
exaDple, /t rule 12 (l) has been amended
to describe thc documcnts to be Droduced
more specifically. Sub rule 16 (2),(3) and
(41 which retates to commjttal for failure to
comply with the requirement for discovery
has been deleted, and a new sub,rule
l5l has ben introduced to stand as a
milder provision for brcach of the order
for discovcry or to produce any document
to say that a failure to comply with the
ordcr, then that psrty cannot rely on those
documents save u'ith the leavc ofcourt.

There is also a new rule 18 introduced

to prctect privilege document, which has
beerr inadvertcntly djsclosed. The new
Order 24 rule 18 says that wben a party
inadvertcntly ellows a privilcgcd doc!mcnt
to be inspccted, tie party \Iho inspected it
may us it or its contents only if the leave
of thc court to do so is lirst obtained-

1.13

Summons For Directions and Casc

donc. Rulc 1 now tequjrcs answcrs to

i,,t.rrog.tories to b Brven nirl,in 14 days,
lrom
the date ofsenice of interrogatorres.
-Rule 6{2) has been inserted to provide
lunher
and bltej panicrrlars lo

1,15

OriginntingSummons

Order 28 rule 2 has been deleted and

now there is no rcquiremcnt to cDter
apparancc. Rule 3 has been deleted, and
a new rule 3A has been inserted to say
that orjginating summo)rs can be heard jn
chamberc unless otierq'ise statd r|r iaw,
rules or praclice dircctjons in relation to
the particular cause or action. F\rrther,
rule 3E' has been insertd to dispute
jurisdictjon or service, etc., similar to that
of writ action. Howcver, il must be done

within 2l days aftcr the scrvicc ol l-hc

origioating summons. In addition, the

tim period to ,ile and sene an affidavit in

support of ofiginatiog summons js limitecl
to 7 days and repiy by the defendant to be
filed and served \r'ithin 21 days.

1.16 Injunction$
There are onc or two

significant
adcndmcDts and or insction to Ordcr 29.

Order 29 mie I (2BA) has bccn amended

lo say that e-x-porle injuDction riust bc
Order 25 ol RHC 1980 for summons for
served $ithin 7 days alrd \r,hen granting
directionshas beendeleted.lt must be said the order tbe court must hx inter panles
here the prcvisions for case manaSement hearing within l4 days of the order. Order
as well as the enhanced prcvisions for 29
rule l(2cl(3) stalcs lhat in case ol
discovery and production ofdocuments as
urgency where an injunction is granted
wellas inter.ogatories has created afexible without the ori8inating process having
approach for setting the matter down for been 6led thc plalntiff must get it issued
trial without tbe previous Order 25 for within 2 days failjng which the injunction
direclions- Solicitors must get familia-r witil shall be dischargcd on thc applicalron ol'
the provlsjon for discovery and ploductiol)
the defendant.
of documents for seking apprcprjate atd
practical orders at the case managemeDt
stage forjust, expcditious and ecoDomical 1.1? Casc M.oagcmcni
disposal of the tnal.
Some major alnerdments to order 34 l rave
bcen rnadc to ensurc just, cxp{:dilious
and economical disposal of proceedings.
Case management initiative has trow

Manrgrment

'Ihc (^n l),ncd R,,lcc,'h.

beca takco ovcr by lhe courts per sc rn

contrast to previous requirelnerlt to fiie
Forrn 64 for case danagement directrons.
The new amendment provides ettelrslve
metbodolog/ and mechanism for early
disposal of cases. It a party does not
comply with thc directions of the court
or does not attend case management
the court is empoweted to st ke out the
action, defence or counterclaim as the
case may be. The court is also ertPowetcd

to direct mediatron. In addition, the court

is empowered to grve comprehnsive
directions and setout the tune pcnod even
at the 6r'st casc management stage itself
to settle pleadings, bundle of documenls,

agreed facts, issues,

witnesses'
statements, directions in respect otexPert
$itness, orders to limit witncsses, ctc. The
notification of prc-trial case management
now will be in Forllt 58, and each party
must comply with any directions contained
jn such notice. Now, rule 4 of Order 34,
prmits the parties to action to attend pretrial case management wjth the lcave of
coun, in addition to their soiicitor. During
the cas management stage tile court
can cndeavour to record any order as to
admissions, etc., to narrowdowD theissues
\aith a view slso to settle ajust order as to
cosls at the end of trial. The court at case
matragemcnt stage itself is empowclcd to
order to p.oduce any documcnts unlcss it
is a privilege document or information.

R.lr

or

( .u,r

2{)12 \RC 2012)

musl certify thc provisions ol this rule

have been complied with. Any party may

epply to the court for directions at any
stage ofthe proceedings iDclusive oforders
to comply with automatic directions or for
di ffercnt d ircction s. This rule lbrautomatic
directions for a persotal injury case $'ill

not apply to any admiralty action; and

any actjon where the pleadings contaitl
an allegatron of negliSent act or omission
during medical or dental trcatment.

Rule 12 caters fot action. which has

been abated or interest or liability of any
party to the action has been assigned or
transmilted to or devolves on some otber
persorr. The solicrtor for t})e Plaintiff or

other partJ having the conduct of the

action must ccftiry the change and the
certificate sent to the registrar.

l.18

AsecssmcntofDrrnagcs

Order

37

deals u.it}I assessment of

damages. Rule 1{4}to (7)has been inserted

to provide a comprehensive rnechanism

and direction foa assessmeut of damages
where the court has directcd it to be held
betore the registrar. Now thc Party entitled
in the matter to be assessed must apply
to the registrar within one month from ttle
date of judgment and provision of order
34 relating to case managemcnt will aPply.

1.19

Evidcrcc rt Trisl

once a notice in Form 58 has ben received Order 38 deals with evidence at trial.
fiom the court rule 9 obliges the relevant Rule 2(1) has been amended to providc
partics to file Form 59 sPccifying the for witness stetemcnt to be uscd for
orders end directioos which they will seek examination in chief and unless the court
out. It must be done less than se!n days othervise orders ot the Palties to the
before the first prc-trial case manaSement.
action othenvise agtees, such a wjtDess
Previously Pol.rn 68 for case management shall attend trial for cross-examrnatron
must be filed by litigants; now notice for and rD defeult of his attendencc, his
case mu\agement will be sewed b]' the lvitness statement shall not be rcceived rn
coud to the litigants in Form 58.
evidence except by leave of the court

Rlrle lO gives comprchensive autodatic

directions irr personal jnjury cases. It
deals with discovery of documents, time
period. expert evidence. documents,
photographs, rn,itnesses' statcrncnt etc.
The action is required to b sct dolvn
withiD six months by a notice in Form
60. And the party sctting down the action

Rule 2{21 is amended to say that evidence

for originating summons ot notice of

apphcation must bc by amdavit unless

th law or rulcs ot court otherwisc directs.
It also providcs for any party to make an
application to cross-examine the deponent
and ifsuch an order for cross_examination
is allowcd and t}le person docs not attend

Jr^rtt

Kt,hctl lnac \kt:

his a-ffidavit shall not be used as evidence

without the leave of the court.
Rule 2(3) gives tle court general discretion

if

the co\rrt thinks just, to older that

evidence of a party or any rvitness or any

part of such cvidence to be given orally at
the trial or hearing of aJry cause or matter.

1.20 Exlcrt ofPartics

Order40A has been inserted to prcvidewith
a comprehensive mechanism Lo deal wilh
expert of parties. The court is emposrered
to limit the number of expert witnesses.
Expert undcr this order is defined as a
prrson who has beeD rnstrucled lo Ejve
or prepare evidcncc for court proceedings.
The expert is ob[gfd to assist t]rc court o!1
the matterc u,ithin his expertise, and this
duty overrides any obligation to the person
from whom he has received instructiong or
by wholn he ispaid. \Irhatthe requiremcnts
are, and which need to bc sel out in re
Ieport, are set out in detail in rule 3. And
there is a duty imposed on the expert to
state that hc understands in giving his
rcport, his overriding duty is to lhe court,
and hc complies u,ilh that duty.
Rule 3 permits a party with the leave of
court to put written questjons about the
ftport and such an application if ary must
be made within 14 days of the sewice of
the rcport or such longcr period as thc
court may allow. The written questions
must only relate to clarification of the
repo , and the answers to court rnust
be in $riting and provided within such
time as the court may dircct and shaU be
treated as part of the expert rePort. If the
answers afe inadequate ot do not answer,
the colln may make such ord.rs inclusive
of the Ibllowing namely:
(o)tlrc parly Nho instructed the exPrt
may not rely on tbe evidence of that
expert;
(b/ the party who instnrcted the expert
may not rccover the costs of that
expert from any ot]-'er Party; alld
/c.) the expett is to answer ot to provide
a fu her and btter answer to the
question, as the case may be,

Rule 4 permits drscussion bctwecn exPcrts

under t}ledirection of the courl for purposc
of rcqulring them to:
/ol idelltify the issues iD the Proceedrngs;
and
/0./ where possible reach agrement on
any issues. And l}le court may spccity
the issrles which lhe exPert must
discuss. The cour1. may direct thtt
thcy dust prepare a statement lbr the
court showing:
/t thc $sues on slrich lhcy agtee;
and
/it the issues on which they disa!' (e
and a summary oftheirreasoDs tor
djsagrcing. lhe contents of the
discussiotls betwcen l,hc e.xp(x ts
shall not bc refetred to at lhe
triat unlcss the parties agree. in
addition w_hete ure experts r?ad]
an agreemcnl oD the rssues dunrlg
thc discussions, llrc aSreclrrcnt
shall not bind the Partjes unless
the parties exPrcsslY agree to tJe
bound by the agreement.

l,2l

Aftdevits

Order 4l deals with affidavits. Rule 4,1

which was recently insened in RHC 1980
to allow a dePonenl giving cvidence as a
profcssional, etc, nccd not state thc Placc
of rcsidence, has been delelc.l. In addttton
new rule 13 has been included to saY
thal an affidavit ot a deponcnl affirmed
outside the jurisdiction may bc itr linSlish
l,anguage unless thc court othcrwlsc

1.22

Judgmcnt
Order 42 deals with judgment and orders
Rulc 1^ has bcen inscrted to say, wbere
proceedings are heard in camera putsuant
to any written law and jud8ment delivercd
shall not b available for public tnspection
unless the court otber\^dse orders ln
addjtion, Order 42 ftle 12 which relals
to post-judgment interest is amendcd to
say the rate shall b as the Chief Jud8e
may direct from timc to time. Furtiet, new
rule l2A has been insetted to deal with
post judgment compensalio)r for Shariah

Ir

(:cn)t' ncJ Rulc', hc R

mattd at such rates as Sbariah Advisory

councii may determine. In addition Order
59 rule 26 allows interest on costs from the
date of awa.d ofcosts ulltil tull payment

1.23 Accounts
Ordr 43 deals with accounts

1.26

,ls , d^r,t

201, all(' 1

'l))

GarnishccProcccdings

Order 49 dealswith garnishee proceedings,

j.e. attachments ofdebts due to ajudgment

debtor. A new sub rtlle (3) to rulc I is

inserted to say, -any debt due or accruing
due'includes a current or dposit account
wilh a bank or othcr financral inslirulion,
whether or not the deposit has matured
and notwithstandjng aDy rcstriction as to

and
iDquiries. Rule 3(3) to (6) has been inserted
to provide a cotuprehensjve rnechanism to
provide fo! in the manner th accounts arc the mode of withdral$al.
to be taken. The party wbo has obtaind
an order for'accounts to be taken must, 1.27 Judicid Rcvicw
within one month fiom the date of the Tirne period for application fot judicial
order, apply to th regisbar for directions. review has been extended to 3 months
I1'] addition, rule 5A hes been insertcd from 40 days and under ttle new Ortler
to provicle for thc relcvant documents to 53 rule 3 (7) and (8), court is empowered
bc 6lcd prior to the taking of accounts to extend time provjded the apptication
or inquiries. It wiu inchidc amdavits ot is heard inter pafte, ard there are good
cvidence in chief, including the affidavil. rasons for dornS so,

'i'erilyiog the accounts and bundle of

documents, etc., in an orderly mahner
as stated in the rules, and or practice
directions,

1.24 ChtrgingOtdct
Order 45 deals withjudgmcnt and ordcrs.
I is amended in a Inanncr to show
that charging order or appointment of a
receiver cannot be mede by subotdinate
courts. New rule 2,q has teen inserted to
say that a judgmcnt or ordcr for payment
of money jnlo court may be enforced in
the High Court by the aPpointment of a
rcceiver. In addition, rule 11A has ben
rnscrted to deal with malters occurring
after judg_rnent in relation to execution.
The said rule states that the court rnay give
such directron for just, expeditious and
economical disposal of such proceedings,

Rule

includiDg striking

o t of the wnt

of

1,25 Writ ofs.izurc rnd Salc

Order 47 deals with the writ of seizurc
and sale. Rule 6 has been amended to
provide more comprehensive procedural
mechanism to deal with immovable

t,28

Appcele &om Sub-Courts

Order 55 deals with aPpcal from

subordinate courts, and new Order 55 sets
out tJrc new procedure for appals similar
to the procedule in Court of Appeal. An
appeal must be filed in the court from
which the decision is apPealcd from by
notice in thc prescribed Form $jthtn 14
days from the date of the decision, and
an appeal otlet than a decision made
alter trial shall b heard by a judge in
chambrs. Thc Notice ofAppeal must state
whether the whoie ot Parl of thcjudgrlent
is appealed. At tlre time of filing ot the
appeal the appeuant must deposit a sum
of one thousand Ringgjt as secunty for
costs unless thc court othcrwisc orders.
A duplicate copy of the notice of appeal
mlist be served on all resPondents within
the time limitd for the appeal. In addition,
Ir must be noted that the aPpellant within
the time limitcd for appeal tuust apPly to
the court appealed from, in \,vriting for
the notes of proceedings and grounds of
judgmeDt. In respect of appeal after trial,
a rccord of apFeal musl bc lllcd wilbin one
month from the datc of filing thc appeal,
a-nd the record of appcal shall conlain

property or interest thetejn, RL e 6/.4/

to 0r,/ is inserted to sct out the detailed copies ol
procedure iD rspect of orders to be
1a) the relevant pleadings;
obtained including prohibitory orders

i/r/ the notes ofevidencc, ifavailable;

lO
1.1

1dJ

JrNir\ Kt:t

Ctv!, PRoct:])u^)

rhe grounds oiJudSmcnls, ifavailablc;

the memorandum ot appeai;

lel the decjsion, older orjudgment;

l, a

daplicate copy

of the notice

of

appeal;

/9/ a duplicate copy of the notice of closs

appcal, ifany;
i/h,/all such docr.tmelrtary exhibits and
other documents the partics shall
considr rclevant fot the purposes of
the appeal.

It must be noted that the record of appeal

must be filed notwilhstandiru the noles
of evidence or Irounds ot appal are ot
ready or the sealed order has not been
extracted. Those documents {,hich arc not
available can be filed as supplemenlary
record of appal and the appellanl shall
not be prevenled ftom proceeding with
the appeal in the absence of glounds of
judgrnent.

The memorandum of appeal

which

forms part of the appeal record must

be substantialiy rn Form ll2 and must
set out concisely and undcr distinct
heads, without argument or narrativet
$e grounds of objeclion to the decision
appealed against, and specirying the
points oflaw or fact, which are allegcdly to

the prescribed Fon wiliin 14 (lays lrom

the date of decision and a copy st-ved on
othcr respoDdenls. The record of appeal
rnust bc filed rvilhin onc nlonlh from lhc
fihng of notrcc ofappeal rn Ihr IIigh Coun,
and the record shall contain copies of:
fd) application in rcspect oI thc dccision;

all ple?rdings filcd;

/c/ all affidavits filed in rcspccl of thc
application; and
ld) thc order or draft order of the declsion
appealcd froln. The record of appcal
dr)

must not contain the notes of

evidence, the grounds ofjudgment or
any memoraDdum of appeal.

It must

be noted that an appeal shall not

operat as a stay of the procedings tn

thc subordinalc court tinless llle

coLrrt

otherwise directs And an apphcation lbr

stav in the llrst instance must be fiied in
the court appealed from. Further, Irolice
of cross appeal must bc Ulcd in thc tligh
Court within 14 days from the datc of
sewice of noticc of appeal. The HiEh
Court is empowercd at any time to alloq'
ameDdment ofth rnemorandum of appeai
or notice of cross appeal or other part of
the record of appeal on such terms as it
thinks fit.

lfon the date nxed forhearingofthc appeal,

th appellant does not appar the aPpeal
may be dismissed, but anl. cross appeal
The rules reqrlire a draft index of the may be heard. In any evenl if the aPpeal or
documents to be included in the record cross appeal was dismissed on the Srothd
of appal to be sent to the respondent the party was abscnt, the said party who
solicitors who may wrthin fortJ-eighl bourc, was absent can make an apPljcatron for
object to the inclusion or exclusioD of any l}le rnatter to be rc-heard proeided therc
document. If there is a disagrcement, it was a suflicient reason for lhe abscncc of
may be referred to the registrar o{the High such party; thc court may order thc apPeal
Court who may endeavour to deal rvith to be rcstored upon such terms as to costs
the parties to exclude documents, which or othcrwise as it thinks fit.
are not relevarlt for the appeal and may
by giving
require the parties to attend beforc the An appcal can be withdra\r,n
jssues. In any cvent, notice to tl're respondent, and if thev
Judge lo deal with the
consent a noticc of withdra\lal of l]rc
the appellant must within the time lirnited
6led, and the aPPeal is
lbr filing of a record of appeal serve each appeal can be
rvitldrawn
and the secuity
to be
respondent \villr a copy of such record of deemed
be
rcfLlnded
to the apPellant.
forcosts shall
appeal.
respondent
does
not
consent to the
lf the
judge
shall bc callcd
relating
to
then
the
appeel
in chambels
wilidrawal,
Appeal to
matter olher than full lrial must be filed rn for hearing lo sod out the issues as Lo
have bcen wrongly decided; such grounds
are to be numbered consecutively.

'n.

Corn

costs or othemdse remaining outstanding,

and for thc disposal of the sum lodged as
security forcosts. Any respondent who has
given notice of cross appeal or intends to
file a closs appal within the time limited

ncd Rnlcj. rh. RLlcs ofCo,rt 2012 (RC 2012)

ll

stated in tbe r'ritten law the appeal by

way of originating summons must be
filcd within one month from thc date on
which iie dccision was Siven or notified
which event is the later date And the

not*itbstandfig the appeal has been ori$nating summons must be sewed on

q'ithdrawD may proceed to file record of the respondent unless otherwise provided
appeal, etc., as it is reasonably necessary by any written law. Delay in fling the
requisite documents may be a Sround to
in all the circumstances of the case.
strike out the appal.
'l'he court is empowered to order the appeal
or cross-eppeal to be served oD persons
1.29 TransfcrofProceeding
nol served, a-nd for purpose of such service
adioum the said hearinS. In addition, Prewiously, there ivas no Ordr 57. The nellir
interest for such time as execution has Order 57 allo\r's matter to b fa[sferred
been delayed by the appcal shall be allowed f.om Higb Cou to subordinate court and
vice versa lpon the applicatiol ofany party
unless the court otberwise orders,
to the proceedings. The application can be
?he decision of the appeal relating to lull made by originating summons or notice of
trial must be prcnounced in open court application, wbichevet is approPriate.
cither on the hearing of the appeal or
a1 any subsequent time of which notice Before an order for transfer of procfedin8
must be gi!'etr to all parties. ln addition, a is made thc court should toke into
certified copy of thc judgnent of the High consideration whethcr the High Court or
Court must be sent to the subordinate subordinate court $'hich shall hear the
case is located at or ncarest to the place
court \i:herc the apPeal arose,

A comprehensive procedure is set out

for appeals to the High Court under

any wdtten law. Such an appeal must

be made ir) thc High Court in thc statc
w'here tbe decisioD ll/as Siven by way of
an originatlng summons, setting ortt the
glounds of the appeal and supported
by an affidavit, if the court so directs at
the hearing of the appeal, by way of oral
evidence. The afidavit in suppo{ ot such
further amdavits must be annexed with
thc following documents as exhibits:
i/c.l the notes of cvidence;
fzrJ the grounds ofdecisions, ifavailable;
/c/

i/a,l

the cause of action arose;

the defendant, or one of the several

defendants resides or has his place of
busiDcss;
/c,l1he facts on which the procccdings
are based, exist or are alleged to have
occuffed;
/d.l the land the o$nership of whtch is
disputed is situated; or
fb,/

/e,l

for other rcasons rt is desirable in the

interest ofjustice that the proceedings
should be transferred.

the decision of the statutory bodyj 1.30 Co.,.

and

rdlau such documentary erhibits and :*::rT:;:$:i:*H:::":,if.",":

otber docurnents the parties
for subordinate courts have
"holL
of tlr"
considet ftlevaDt for the purposes
"o"t" to e large extent and thc
becn"..t"
marntained
the appeelmaximum order for costs fo. juogment
Thc originating sumrnons $ust be filed exceding RM 500,000 cannot exced
not$ith;tancii+ the grounds of decision RM 4o,oo0 ln respect of High Court, the
are not ready and if the grounds are court is required [o fix thc cos{s al the
available sub;equcntly it shail b fitcd by cnd of tbe aPPlication and or hcaring
ll,ay of furthcr ;mdavit wit]out lcave of subject to beanng the parties on issues of
court. It musl be noted unless otheru{se costs The parties in thc submission can

t2

J.$rs s Kt;r tb Ct/n. ?Noca\..u.tt

cxhibit rclevant paynrents, etc., tor propcr l.3l ServiccofDocumcnts

consrderation for tssues relattng to costs.
The \rinning party is required to pay the Order 62 deals with servrce ofdocuments_
allocatur tees before the exkaclion for the A nelv provision has been jnserted to
otder for costs, The provision for teuatron provide scrvicc by facsinlilc. A dctailcd
and review in the orjginal Form has bc.xr methodolo8y is set oul in rule 6(31. The
senice by facsimile may be done betneen
deieted.
solicitors and where t}|cy havc agreed to
the mod. And wrthjn 3 dals of scrvice bt
Ia) Contributions and settlements.
facsimilc,
When dcaljng with costs lhe courl
the pafty scwiDg must serve a
copy
ofthe
must takc into considcration offer
documeDt by the usual method
of contribution and or settlement, of service st out in the rules failing which
Detailed procedural mechanism is sel the said document served by facsimile
is deemed never to have been selvcd by
out in Rule 4 0f order 59.
facsimile. ln addition, a ncw rule 14 has
fb/ Misconduct or neglect.
been inserted lo say the coLtrt may In
Wider plovisions have bcen made appropriate case, dispens qith t}le servjce
to consider costs unnecessarily ofany document on any person.
incurred.
1c./

Personal liability of solicitors fo,. costs.

Wider provisions have tcen made
to deai with issues relating fo otder
for costs against solicitor, rvith
appropriate procedural saJe guards.

1.32

frocuments ro bc prirred in both

sidc$

Order 63 deals with spccifications of

doctrments, Rule I now requi(:s for every
docurneEt to bc printcd on both sidcs of
the papcr. Rlllc 5 has been inserted to say
that non-compliance ofOrder63 rules I to
4 will not render the documents defectjve,
nor the proccedings related lhercin vo)d.

lssues ofcosts mltst be dcalt by court.

Costs can be dealt at any stage of
proceedings and as a general rul
shall be pajd on the conclusion of
the proceedings unless the court 1.33 Elcctronic 6ling
otberwise orders. The court at the eDd
of the proceedings is rcquired to bear Order 63A has been inserted to profide
the submission as to costs and there comprehensi\ (: mechanism for elecironic
musl be annexd to the submission, filing. Practitioners ought to make
bill for such costs in prescribed themselves familiar with this Order. The
Form and must irlclude particulars electronic fi ling svstem has ben intro.luced
of the following; namely work donc in court for efficient adrninistration of
including the value of gettjng up; recording and 6lin8 syslem in court as
and all disbursements reasonably wcll as court proccedings. Thc princjplc
incurred, ln case of appeal, the costs components of thc E-court includcs the
thereof and the costs giving rise to Court Recording and Transcription (CRTI,
the appeal can be dealt by the cour.t Case Managemnt Systm {CMS), Queue
lnclusive ofcosts relating to transferc, Management System {QMS, and Elcctronjc
etc., Order for costs in the HiBh Court Filing (E-fihngl. The mdhorlolo$/ rclai,ng
is subject to the payment of allocatur to electronic filing system attempts
to substilute lhe liling of Eaditional
fees.
paper documents in court, sLtch as
lre,i Allocatur four percent
writ, applications, amdavits, bund)c of
Prevjously the allocatur for costs was documents, etc, by way of electronrc
eiSbt percent. Now it isrcduced to four document i.e cornputcr gencrated
percent end in arlditionjudgment sum docrtme|rts or scannd documer)ts. ln
is entitled to the prescribed interest esscnce it allows document to be 6led
under Order 42 rulc 12 from lhe dat b) clectronrc means las oppos.d lo ,iling
ofjudgment until full payment.
of the documerrt rtselo either throLrgh
i/.1./

'n,c Codbjncd Rrlcs, thc RtJcsolCoDrt 2012 (R(12012)

word format or by scanning the origilel

document and filing the safle bY this
methodolos/.

1.34

Service offorcign Process

Order 65 deals $ith service of a foreign

process, New rule 2/\ has been inseried to
deal with altemative mode of srvice of a
foreign legal process.

t.35 Arbitr.lion
order 69 deals with

Arbitration
hoceedings. The order has been amended
also to catcr for Arbitration Act 2005

t.36

Judgmcnt Dcbtor Summons

Order 74 deals with Debtors Act 1957
New rulc llA to llD has bccn insetted
to provide for emcient mcchanism to deal
with judgmcnt dcbtor's summons Rules
22A has been ins.rted to say that an order
for the dischatge of a debtor under section
5 of the Act shall be in the prscdbd
Form,

1.37

Persoas undcr

1.39

Hirc Purcharc
A new Order 85^ taken from Ruies of the
Subordinate Court, I9S0hasbeen jnsertd
to cater tor action undcr Hirc Putchasc
Act 1967. Rule 2 requires an apPlication
under the provision to sections 1 I, 33, 4l
or 42 of the Hire Putchase Act 1967,tobe
made by originaling summons and when
it is for recovry of money, the Plajntiffs
in the amdavit in supPort must state thc
foUowing nalnely:
/a/ the date of thc agreemcnt and thc
parties therto;
/r,l the Soods let undet the agreemenl;
Putchase
1c./ the amount of the Hire
pnce;
the
/d.) the amount paid by or on behalf of
hirer;
beine
le./ the amount. if any claimed as
any
of
due and unpaid in resPed
price;
inslalmenl of thc hirc_purcbase
(, the arnount ofany other claim and the
circumstances in which it a ses

1.40 EmploymcntAct
A new Order 86^ taken from Rules of

DisrbiLig

Order 76 deals with Persons under

been
disability, i.e. a person who is an infant the Subordinate Court, l98O has the
(minor) ot patient. lt must be noted that insertcd lo cater for proceedings under
tlne terms. 'gtardian ad litem" and "ncxt Employment Act 1955.
friend' have ben rePlaced with "litiSatroD
representative.' lt covers the Mental Health

Act 2OOl. Rule 1A is inserted to sav that

the jurisdiction to Srant leave pursuant to
Mental Health Act 20Ol lies with the High
Court.

1.38

Chrrgc Actiont

Ordcr 83 dcals l*ith charge actions Rul 3

deals with action for delivery ofpossession

or

payment

of moneys Rule 3(3)

is

inserted to say that the amount remaiDin8

due under the charge should b stated
as at tbe hearing date of thc on8inating
summons. Rule 2(2) now requircs the
notice of appointment for hearing and the
,lfidavit in support of tlrc summons to bc
served not lcss than 4 clear days bfore
the datc 6xed for first hcarinS

1.41

Otdcr 92

Ordcr92 deals with miscellancous mattcrs

relevant to the rules alrd Prccedure Rules
l(3) has been inserted to say that an
amdavjt filed in a forcign laJlguagc musf
be 6lcd with a translation by a qualificd
translatoror solicitor. In addition, rulc 1(4)
has been inserted to say that in cases of
urgency, proceedings may be commenced
or conducted partly in the Engtish languaSe

or wholly in the English language provided

that a crtifrcate of urgetcy of the matter

is filcd by thc solicitor; and copies of all
such documents to bc filcd in thc natronal
language or English language can be used
as an exhibit without any translation
thereof.

14

J r%r's XtY

1.42

n)

CvtL Pwctburu,

Small cl^im Proccdure

Order 93 now deals \rith srBAlt claim

procedure taken from Rules of the
Subordjnate Court, 1980.

1.43
ft

Other Chrnpr
Order 15 rules 18 to 26 which deajs
with paupers is llow deleted.

(ii) Order 17 rule 7^ is irsertcd to dcal

qrith withdrawal or adrnission relating
to interplcadcr.

/n, Order

18 rule 5 relatint to 6ewice of

pleading in court vacation is dclcted.

(iu) Order 20 tnle 6 reliating to a$endlocnt

of$,rit and pleadings in court vacation
is dcleted.
(v) Ordet 30 rulc 6{2) which rclates to
Receivcr, and intercst is nou, a-drended
to say rrterest shall be at such a rate
CJ may direct from time to time.

3l rclates to salcs of im'|ovable

property by order of corrt and rule
2(2), 2(3), which in pactical terms rs
not signifcart bas becn dcletcd.
/u;,, Order 32 deals E'ith application. Rule
7 which dcals srith thc subpocna
is deleted. ln addition. rule 9 which
deals with jurisdiction of the registrar
replaces the word 'chiefjusticc. with
'chiefjudge'
fui Order 35^ which deslt rrith witncss
statement is now dclctcd. as suficicnt
provision ha6 been tdade under Order
34 aDd also under Order 38.
/r!.i Order 5l^ mle 41d,1 s'hich deals with
erpiration of probibitory order has
been arnended to read as 12 months.
Previously, it was 6 months.
i/r.i Order 56 which relatcr to timc period
to appeal ftom rcgisfar to judgc is
now 14 days.
i/,,ll Order

(Alordet 94 deals e/ith saving

tradsitio4al p.ovisions,

It

to the RHC 1980 or

w tten la\I' and
documents shall, on the comi[g
iDto opcration of tlrese rules, be
consFuad as refercnces to tlre
Rules of Court 2O12.

/itJ al) refcrcnccs

and
ensures

that:
lrt any pendng action or application
shaU not be elfectcd by thesc rulcs
and shall conlinue as if thcsc
rules have not becn eiected; and

SCR 1980 in any

'll
!l.rl rr,l)l,rinlf, n1,.rn,rr r'!(r'-"r

1'

ih"\'illll
S.(tiot

ti'

Srclicrr 55 rleals $'j1h th. 'ii'il

itrrjs(ii!ilbn oI th(r srssrorrs {roLr11.
rI'1'.

aiicndt:d ver$iolr 01 se.1ioq Lii

rr.latins to tle rndnelil-1: iufis(lrction,
aIld eirritt{irlc rclitf and r:cr|tidi.s
r

oa.l6 a,q follorv$:

''ccfr/otrr)i (r! nri..ld 'ndt\e1r!r'it!
i1r (rfir.rro,rr.

.\.7D,lhe llmdtt! ta tetliah 2

'f..r or l
'nc:lftr.r
.r'$" rlrt ro,,rtrr rlrrr':
"11; , ri',r
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