BRIEF DESCRIPTION: 

This is a book of court procedure and rules in the civil courts of Malaysia, from the Magistrate’s Court, Sessions Court, the High Court, Court of Appeal and Federal Court, which is intended to guide lawyers on the law and best practices pertaining to civil court procedure and rules of court in Malaysia, and is useful for lawyers who wish to fight a civil court case at all levels. The book contains commentary and cases contributed by noted civil lawyers and our firm’s senior lawyer, Ashley Danker played a pivotal role in co-editing this publication.

Volume I
Section 1 Rules of Court 2012 and commentary
Section 2 Appendices to the Rules of Court 2012

Volume II
Section 3 Court Practice Directions (1946-2021)
Section 4 Key Civil Legislation

List of Annotated Legislation
• Rules of the Federal Court 1995
• Rules of the Court of Appeal 1994
• Courts of Judicature Act 1964
• Subordinate Courts Act 1948
• Civil Law Act 1956
• Limitation Act 1953
• Limitation Ordinance (Sabah Cap. 72)
• Limitation Ordinance (Sarawak Cap. 49)
• Specific Relief Act 1950
• Debtors Act 1957
• Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020 (Act Only)

Statutory amendments include:
• Rules of Court (Amendment) 2018
• Rules of the Federal Court (Amendment) 2018
• Rules of the Court of Appeal (Amendment) 2018
• Rules of the Federal Court (Amendment) 2018 – Corrigendum
• Rules of Court (Amendment) (No. 2) 2018
• Limitation (Amendment) Act 2018
• Arbitration (Amendment) Act 2018
• Arbitration (Amendment) (No 2) Act 2018
• Rules of Court (Amendment) 2019
• Civil Law (Amendment) Act 2019
• Rules of Court (Amendment) 2020
• Rules of the Court of Appeal (Amendment) 2020
• Rules of the Federal Court (Amendment) 2020
• Courts of Judicature (Amendment) Act 2020
• Subordinate Courts (Amendment) Act 2020
• The Trademarks Act 2019 and Trademarks Regulation 2019
• Temporary Measures for Reducing the Impact of Coronavirus Diseases 2019 (Covid-19)

Built on a product with a long history and numerous successful local editions in various common law jurisdictions, Malaysian Civil Procedure 2021 is the most trusted companion for civil practice. It is pivotal for legal practitioners to have a good mastery of the Rules of Court 2012 and this publication is an indispensable reference tool that gives the practitioner current information, practical insights and confidence to succeed in all areas of civil court work. The team of more than 50 contributors have also taken into account the amendments to the Rules of Court 2012 and relevant case law developments to update the commentaries accordingly.

The updated commentaries to the Rules of Court 2012 are accompanied by a substantially enhanced second volume containing informative and fully up-to-date annotations to ten key legislation essential to civil litigation. The full text of the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020 (which modifies the application of several Acts) has also been included for handy reference. The publication is further enhanced with the addition of more Practice Directions from both Peninsular Malaysia as well as Sabah and Sarawak.

The commentaries which have been prepared by a team of expert contributors and reviewed by an experienced panel of Advisory Editors provide invaluable guidance for successful and confident court practice.

KEY FEATURES:

• Exacting quality and accuracy in true White Book tradition
• Insightful Order-by-Order commentary to the Rules of Court 2012 presented clearly under succinct headings
• Rules of Court 2012 updated with recent amendments
• Fully up-to-date text of 10 key civil legislation, with annotations together with the inclusion of the Covid Act 2020
• Inclusion of case law developments from mid-2017 to the present
• Contributors drawn from leading law firms, the judiciary and academia to provide authoritative commentaries
• Reviewed by experienced panel of expert Advisory Editors to ensure high quality of substantive content
• Extensive collection of court practice directions including practice directions from Sabah and Sarawak with the inclusion of an additional 50 practice directions for this edition

Significant developments covered in this edition
• Order 10 (Service of Originating Process)
• Order 15 (Causes of Action, Counterclaims and Parties)
• Order 24 (Discovery and Inspection of Documents)
• Order 31A (E- Lelong System)
• Order 33A (Proceedings Through Remote Communication Technology)
• Order 38 (Evidence: General)
• Order 45 (Enforcement of Judgment and Orders)
• Order 52 (Committal)
• Order 53 (Application for Judicial Review)
• Order 55 (Appeals to High Court from Subordinate Courts)
• Order 69 (Arbitration Proceedings)
• Order 69A (Adjudication Proceedings)
• Order 70 (Admiralty Proceedings)
• Order 78 (Defamation Actions)
• Order 87 (Trademarks Act 1976)