WHAT DO I DO IN A TRIAL?

WHAT DO I DO IN TRIAL

Before a trial begins, you will have to attend pre-trial case management.

 

ON THE HEARING DATE PRE TRIAL CASE MANAGEMENT (PTCM)

  • Upon the close of pleadings, the Court will call the parties up for a PTCM.
  • You must compile all your documents and identify your witnesses.
  • At the PTCM, the Court will inquire on the issues, documents and witnesses of the case.
  • The Court will then give direction as to what documents are needed to be filed in Court together with the timelines for all the filings.
  • You must comply with the timelines unless an extension of time is allowed by the Court.
  • Failure to comply with the directions may result on the dismissal of your claim.

 

ON THE HEARING DATE

  • If you require the court to issue a subpoena to your witnesses, an application should be made earlier to the court.
  • Remind witnesses of the trial date.
  • Arrive at the court complex 15 minutes earlier than the stipulated time. The court will convene at 9:00 am.
  • Dress appropriately. You must comply with the court dress code.
  • Upon arrival, please check your case in the cause list displayed at the court notice board or inform the court interpreter of your attendance.
  • Bring along documents to be used during trial.
  • Speak and conduct yourself in a courteous manner. If you are addressing a Judge in the Sessions Court, you should refer the Judge as "Tuan Hakim" or "Puan Hakim”.  For Magistrates Court, you should refer the Judge as "Tuan Majistret" or "Puan Majistret" or "Your Honour".

 

TRIAL PROCEDURE

  • If you are the Plaintiff you will start first. You can call witnesses or testify yourself. You must also produce your documents for you and your witnesses to identify.
  • You and your witnesses can be cross examined by the Defendant.
  • After cross examination, you may re-examine the witness to explain what he or she had said during cross examination. You cannot bring up additional issues that was not raised during the cross examination.
  • After you have called all your witnesses the Defendant will then start his case by calling his witnesses and by repeating the same process. 
  • Submission can be done by way of oral or written at the end of the case  :
  • Reply by the plaintiff.
  • Defendant’s submission ; and
  • Plaintiff’s submission ; followed by
  • Decision of the Judge/ Magistrate.
  • The judgment is the decision of the Court at the conclusion of the trial. The Court may either allow or dismiss your claim.
  • Costs – usually the losing party will have to pay the cost of the successful party.

 

FILING OF JUDGMENT

  • If you are the successful party, you have to file a draft judgment / order of the Court according to Form 75 Rules of Court 2012.
  •  After extracting the draft judgment / order you need to file the fair copy of the draft judgment / order.
  • After filing the fair copy of the judgment / order, you have to serve it to the losing party.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PEJABAT KETUA PENDAFTAR
Mahkamah Persekutuan Malaysia,
Istana Kehakiman,
Presint 3, 62506,
Putrajaya, Malaysia.

Tel 03 8880 3500
Faks 03 8880 3886
Emel   komunikasikorporat@kehakiman.gov.my

    

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