Jumaat lepas, my FTB went to High Court for filing some document and he brought some template about Court Proceedings. So, after understand the contents I am glad for sharing with all of you about that. Here we go…
What is a trial??? Trial is a fact finding process before a magistrate or a judge where a decision is made in your case.
What is a civil claim??? It is a legal dispute between two or more parties. For examples damages for personal injuries, motor vehicle accidents, breach of contracts, property disputes and landlord and tenant disputes.
One may represent him/herself in court
If you want represent yourself in court, you must consider the complexities and specific issues involved when you decided to proceed without a lawyer. As your case proceeds, if you find that representing yourself is too difficult, you may engage a lawyer to represent you. HOWEVER, where the amount in dispute is LESS THAN RM5000 (SMALL CLAIM) you must represent yourself.
Corporate Bodies can only begin or defend a civil action through a lawyer. You should familiarized yourself with the relevant laws and procedures, keep track of all deadlines for filing and servicing of the documents to the other party and be prepared for trial.
A civil claim should be filed at the relevant court registry. A certain amount of fees must be paid. Then, once the claim has been filed you have to serve it to the other party within the specified time.
There are three (3) stage in trial. Pre-Trial, During Trial and Post-Trial
Ø Parties must file a bundle of documents and a bundle of pleadings which include among others statement of claim, statement of defence, counter claim (if any) and reply.
Ø Parties must exchange between them bundle of documents at least 14 days before the trial.
Ø Plaintiff and defendant must attend during the trial.
Ø Plaintiff has the burden of proving his/her case.
Ø The plaintiff calls his witness to give evidence during the examination in chief. This witness will be cross examined by the defendant and later may be re-examined by the plaintiff.
Ø The defendant also calls his witness and has the burden of raising and proving any defences he may have to the claim.
Ø Once both parties have completed their cases, they will be asked to give their submissions.
Ø A decision is pronounced in open court.
Ø If party does not obey the court’s decision, an execution order may be applied to the court by the aggrieved party.
Ø If the party does not satisfied with the decision, he has right to appeal it. For appeals to the High Court, he must file the Notice of Appeal within 14 days from the date of pronouncement of the decision at the registry of the court which delivered the decision.
to be continue