FEDERAL GOVERNMENT GAZETTE

1 2 July 2012 (A) FEDERAL GOVERNMENT GAZETTE RULES OF COURT 2012 PUBLISHED BY ATTORNEY GENERAL S CHAMBERS (A) 2 COURTS OF JUDICATURE ACT 1964 SUBORDINATE COURTS RULES ACT 1955 RULES OF COURT 2012 _____ ARRANGEMENT OF ORDERS _____ Order 1. Citation, application, interpretation and forms 1A. Court or judge shall have regard to justice 2. Effect of non-compliance 3. Time 4. Consolidation of proceedings 5. Mode of commencement of proceedings 6. Writs of summons: General provisions 7. Originating summonses: General provisions 8. (There is no Order 8) 9. (There is no Order 9) 10. Service of originating process: General provisions 11. Service of process out of the jurisdiction 12. Entry of appearance to writ 13. Default of appearance to writ 14.

2 Summary judgment 14A. Disposal of case on point of law 15. Causes of action, counterclaims and parties 16. Third party and similar proceedings 17. Interpleader 18. Pleadings 19. Default of pleadings 20. Amendments 21. Withdrawal and discontinuance 22. (There is no Order 22) 22A. Interim payments (A) 3 Order 22B. Offer to settle 23. Security for costs 24. Discovery and inspection of documents 25. (There is no Order 25) 26. Interrogatories 27. Admissions 28. Originating summons procedure 29. Interlocutory injunctions, interim preservation of property 30. Receivers 31. Sales of immovable property by order of court 32. Applications and proceedings in chambers 33. Mode of trial 34. Pre-trial case management 35. Proceedings at trial 35A. (There is no Order 35A) 36. Trials before and inquiries by Registrar 37.

3 Assessment of damages 38. Evidence: General 39. Evidence by deposition: Examiners of the court 40. Court expert 40A. Experts of parties 41. Affidavits 42. Judgment and orders 43. Accounts and inquiries 44. Proceedings under judgments and orders on the equity side 45. enforcement of judgment and orders 46. Writs of execution: General 47. Writs of seizure and sale 48. Examination of judgment debtor 49. Garnishee proceedings 50. Charging orders, stop orders 51. Receivers: Equitable execution (A) 4 Order 51A. Rateable distribution 52. Committal 53. Application for judicial review 54. (There is no Order 54) 55. 55A. Appeals to High Court from Subordinate Courts Appeals to High Court under written law 56. Appeals from Registrar of the High Court to a Judge in Chambers 57. Transfer of proceedings 58.

4 (There is no Order 58) 59. Costs 60. The Registry 61. Sittings, vacation and office hours 62. Service of documents 63. Paper, printing, notices and copies 63A. Electronic filing 64. Change of solicitor 65. Service of foreign process 66. Obtaining evidence for foreign court 67. reciprocal enforcement of judgments 68. (There is no Order 68) 69. Arbitration proceedings 70. Admiralty proceedings 71. Non-contentious probate proceedings 72. Contentious probate proceedings 73. Proceedings by and against the GOVERNMENT 74. Debtors Act 1957 75. Distress Act 1951 76. Disability 77. Partners 78. Defamation actions 79. Moneylenders actions 80. Administration and similar actions (A) 5 Order 81. Actions for specific performance, summary judgment 82. Debenture holders action: Receiver s register 83.

5 Charge actions 84. Proceedings relating to infants 85. Bills of Sale Act 1950 85A. Proceedings arising out of hire-purchase agreements 86. Inheritance (Family Provision) Act 1971 86A. Employment Act 1955 87. Trade Marks Act 1976 88. Companies Act 1965 89. Summary proceedings for possession of land 90. Lodgment in court and payment to sheriff 91. Court fees 92. Miscellaneous 93. Small claims procedure 94. Repeal, savings and transitional provisions (A) 6 COURTS OF JUDICATURE ACT 1964 SUBORDINATE COURTS RULES ACT 1955 RULES OF COURT 2012 IN exercise of the powers conferred by section 17 of the Courts of Judicature Act 1964 [Act 91] and section 4 of the Subordinate Courts Rules Act 1955 [Act 55], and with the consent of the Chief Judge of the High Court in Malaya and the Chief Judge of the High Court in Sabah and Sarawak, the Rules Committee and the Subordinate Courts Rules Committee make the following rules: ORDER 1 CITATION, APPLICATION, INTERPRETATION AND FORMS Citation and commencement (O.)

6 1, r. 1) 1. (1) These rules may be cited as the Rules of Court 2012. (2) These Rules, except for Order 91, come into operation on 1 August 2012. (3) Order 91 comes into operation on a date to be appointed by the Rules Committee and the Subordinate Court Rules Committee by notification in the GAZETTE . Application (O. 1, r. 2) 2. (1) Subject to paragraph (2), these Rules apply to all proceedings in (a) the Magistrates Court; (b) the Sessions Court; and (c) the High Court. (A) 7 (2) These Rules do not have effect in relation to proceedings in respect of which rules have been or may be made under any written law for the specific purpose of such proceedings or in relation to any criminal proceedings. (3) Where prior to the coming into operation of these Rules, reference is made in any written law to any Rules of Court that reference shall be to these Rules.

7 3. (There is no rule 3) Definitions (O. 1, r. 4) 4. (1) In these Rules, unless the context otherwise requires Act means the Courts of Judicature Act 1964 or the Subordinate Courts Act 1948 [Act 92] or both; bailiff includes the Registrar, any clerk or other officer of the Court charged with performing the duties of a bailiff; Form means a form set out in Appendix A to these Rules, and a form referred to by a number means the form so numbered in Appendix A; cause book means the book kept in the Registry or any data stored electronically in which the number of, and other details relating to, a cause or matter are entered; issued , in relation to a document, means that the appropriate officer of the Court has stamped the seal of the Court on it; document means anything in which information of any description is recorded and includes a claim, summons, application, judgment, order, affidavit, witness statement or any other document used in a Court proceeding; folio means 100 words, each figure being counted as one word; (A) 8 attend includes the appearance by any person using electronic, mechanical or other means permitted by the Court; Judge means a Judge or Judicial Commissioner of the High Court and includes, where he is empowered to act, a Judge of the Sessions Court, a Magistrate or a Registrar, as the case may require; GOVERNMENT means the FEDERAL GOVERNMENT or the State GOVERNMENT or both; Subordinate Court has the same meaning assigned to it under the Court of Judicature Act 1964.

8 Officer means an officer of the High Court, Sessions Court or Magistrates Court and includes a Registrar, Court interpreter, bailiff, clerk, process server or other officer who is attached to a Court; solicitor means an advocate and solicitor as defined in section 3 of the Legal Profession Act 1976 [Act 166]; Registry means the Registry of the High Court, the Sessions Court or the Magistrates Court; filing , in relation to a document, means delivering it, by post or otherwise, to the Court office; Registrar means (a) the Chief Registrar or the Deputy Chief Registrar of the FEDERAL Court; (b) the Registrar of the High Court of Malaya or the Registrar of the High Court of Sabah and Sarawak; (c) any Deputy Registrar or Senior Assistant Registrar of the High Court; or (A) 9 (d) any Registrar of the Subordinate Courts under the Subordinate Courts Act 1948; Controller means the Controller of foreign Exchange as defined in section 2 of the Exchange Control Act 1953 [Act 17]; pleading does not include a notice of application or a preliminary act; proceeding means any proceeding whether in open Court or in Chambers and includes an application at any stage of a proceeding which is deemed to have started when an action is filed; copy , in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; Sheriff means the Registrar of the High Court.

9 Sign , in relation to the signing of any document by the Registrar, includes the affixing of a facsimile signature; moneylender s action has the same meaning assigned to it by Order 79; scheduled territories means the territories as specified in the First Schedule to the Exchange Control Act 1953. (2) In these Rules, unless the context otherwise requires, Court refers to the Magistrate s Court, or any one or more Magistrates thereof, the Sessions Court, or any one or more Judges thereof, the High Court or any one or more Judges or Judicial Commissioners thereof, whether sitting in Court or in Chambers; but the foregoing provision shall not be taken as affecting any provision of these Rules and, in particular, Order 32, rule 9, by virtue of which the authority and jurisdiction of the Registrar of the Court is defined and regulated.

10 (A) 10 Construction of references to Orders, rules (O. 1, r. 5) 5. (1) Unless the context otherwise requires, any reference in these Rules to a specified Order, rule or appendix is a reference to that Order or rule of, or that appendix to these Rules and any reference to a specified rule, paragraph or subparagraph is a reference to that rule of the Order, that paragraph of the rule, or that subparagraph, in which the reference occurs. (2) Any reference in these Rules to anything done under a rule of these Rules includes a reference to the same thing done before the commencement of that rule under any corresponding rules of court ceasing to have effect on the commencement of that rule. (3) Except where the context otherwise requires, any reference in these Rules to any written law shall be construed as a reference to that written law as amended, extended or applied by or under any other written law.