Work System
as introduced by
The Honourable Justice Datuk Richard Malanjun
  
 

High Court I

1. AIM AND VISION OF HIGH COURT I

The main aim of the administrators of the High Courts is to provide services to those who  seek justice to the best of their ability which include the dispensation of justice fairly, speedily and according to law. And as to its vision,it is hoped that the court can be a model of efficiency receptive to the concepts of pro-active and pro-reform measures whilst at all times not sacrificing the principle of justice to all.
 
 

2. SYSTEM ADOPTED IN THE DISPOSAL OF CASES


 
  2.1 Fixture Of Cases
  Fixing of cases, where the legal firm has only one or two lawyers, to be moderate.


2.2 Allocation Of Time
 

An appropriate allocation of time be given to lawyers to appear for their cases. All mention cases to be called first and cases involving arguments and trial to be allocated with suitable times. With such system lawyers need not have to wait unnecessarily long in Courts for their cases to be called. They are only required to attend at the times allocated. Outstation lawyers are given times that are convenient to them in term of in-coming flights. And for those lawyers who may have only one or two cases for that particular day they will be heard first. This also applies to those whose cases are coming up for settlement or adjournment.To facilitate these,proceedings time is staggered at 9.00am,10.00am and 11.00am,and may extend to the afternoon hours for some cases ,where necessary. Cases involving summons or notices which are unserved need not be called on the first mention day fixed, instead, new dates will be given. And,if no affidavit of service is filed with the Court one day before the scheduled dates, it will be assumed that the notices or summons have not been served. Where a matter has been fixed for mention for the third time, Counsel would have to appear and explain why it could not be served.

Divorce cases in the High Court are fixed on a particular day each week and are not mixed with other matters at the same time. This is to reduce as much as possible any discomfort a divorcing couple may have.


2.3 Sealing And Return Of Orders/Judgment/Documents
 

The normal practice has always been that before any order is sealed and extracted, a draft copy approved by the Plaintiff and the Defendant has to be submitted first to the Senior Assistant Registrar for vetting and approval. It is only after such approval has been given (with any amendment [if any]) will the fair copies are accepted by the Court for signature and sealing. But in order to expedite matters and thus enhancing efficiency the adopted practice now is that Advocates are to file the fair copies of the Judgment/Order together with the draft, which has been agreed by parties. Advocates need not submit the draft copy first to the Senior Assistant Registrar for vetting before filing the fair copies. The Court Registry must return all sealed judgments and Orders to legal firms or parties concerned within 14 days from the date of filing. Any delay will be known by the adoption of the "check-note slip". And legal firms are encouraged to inform the Judge if there is any breach of such a time frame.


2.4 Fixture of Hearing Dates
 

All matters including Originating Summons, Motions, Petitions, Summons in Chambers, Summons and Notices of Application filed are to be given dates of hearing within 14 days after filing. Cases where substituted service is necessary are to be fixed after the order for substituted service has been granted.


2.5 Walk-In Summons In Chambers (Ex-Parte) Application
 

Walk-in applications are heard anytime during office hours. Counsel who has any ex-parte application is allowed to file in his application and the Senior Assistant Registrar will   attend to the application immediately and if the application is in order, the Senior Assistant Registrar will approve it. The draft order and the fair copies will also be approved there and then if filed and found to be in order.


2.6 Specific Days For Specific Matters in the High Court
 

The following days are fixed to dispose of specific matters:-
  (a) Monday & Tuesday : Reserved for trial;

(b) Wednesday : For hearing of all Summonses in Chambers;

(c) Thursday : All matters relating to Bankruptcy, Companies Winding-Up, Originating Motion, Civil and Criminal Appeals;

(d) Friday : Divorce and Adoption cases;

(e) Saturday : Reserve for any of the above matters.

 If trial is not completed within the first 2 days then the hearing will continue on the other days after disposing of the specific matters.


2.7 Injunction Matters, Habeas Corpus And Other Prerogative Writs Before the High Court
 

Any applications in the nature as above are to be referred to the Judge immediately for further directions.


2.8 Cause Lists
 

Hard copies of the Weekly Cause Lists are no longer distributed to legal firms. They are expected to download them from the Homepage of the Court. Cause Lists are added into the Homepage four weeks in advance so that ample time is given to parties to inform their clients. For additional cases, Supplementary Cause List is prepared and supplied to parties involved.

A copy of the Weekly Cause List can also be read on the Court’s Notice Board.


2.9 Application For Adjournment
 

Counsel is requested to make an application to the Court at least three weeks in advance so that the given date can be allocated to another case. This is to maximize time management.
3. CHECK-NOTE SLIP
3.1 A system has been adopted to ensure that there is no delay in the returning of documents to  legal firms and parties concerned. All documents presented to the Court Registry are given the `Check-Note Slip’ in the nature as shown below:-

CHECK-NOTE SLIP
Case No:
Nature of document 
Enclosure. No. 
  Date Signature of
staff Attending
Date of Filing    
Date submitted    
Approval/Signed on    
Date given to Interpreter    
Date of M. L Entry    
Date of Diary Entry    
Date of Return to Advocates    
Remark    
By this system, the filing of documents and the dates of their return to the Advocates concerned can be monitored by the Judge concerned. This check-note slip is attached to the particular document filed by the attending clerk and will be in the docket until the case is disposed of.

In the event of any complaint of delay, the Judge will call the officer or clerk concerned to explain. The time frame is as per items 2.3, 2.4, 2.5 above and 4 below.


3.2 Enclosures
 

Enclosure numbers are given to all documents filed with the Registry of  the High Court . And the person filing will be given the number accordingly. The purpose of the Enclosure number is not only for ease of reference during the hearing but also to prevent any meddling of documents filed.

4. WAITING PERIOD FOR THE FIRST DATE OF HEARING/DISPOSAL OF CASES
FROM THE DATE OF REGISTRATION/FILING IN THE HIGH COURT

Nature

(i) Criminal Appeals/Revision - 1 month

(ii) Joint Divorce Petition/Adoption - 3 weeks

(iii) Creditor Petition/Company’s winding-up - 3 weeks

(iv) Civil Appeal - 1 month

(v) Originating Motion/Summons - 1 week

(vi) Notice Of Appeal To Judge In Chamber - 3 weeks

(vii) Criminal Trial - 1 to 2 months

(viii) Civil Trial – 9 to 12 months (target) .
 
 

 4.1 Hearing Of Cases
  Hearing priorities to be given according to the nature of the case and as follows:-

(i) Criminal Cases;

(ii) Criminal Appeal (High Court), particularly if the accused is under custody;

(iii) Prerogative remedies cases, injunctions, habeas corpus and the like application (High Court);

(iv) Civil Appeals(High Court);

(v) Civil cases including divorces, bankruptcy, etc.
 

 4.2 Hearing Day
  Cases involving the presence of members of public, e.g. bankruptcy hearing where the debtors are present are to be dealt with first. Counsel who have the least number of cases at that sitting or cases that are not contested or being withdrawn will be dealt next. This will allow counsel in such cases to go off first instead of being made to wait until counsel with many cases has completed.


4.3 Bankruptcy Cases/Company’s Winding Up (High Court)
 

There are not many outstanding cases of this nature pending for disposal. All outstanding cases have been given dates of hearing. Further cases will be heard within 3 weeks after filing.


4.4 Computerization Of The Cause Books
 

All cases registered in the respective Cause Books have also been entered into the computer for quick reference. New cases will also be entered accordingly.The inventory of pending and active cases including those fixed for trials are contained in the masterlist.The masterlist is also supported by the following :-

Flow chart of Work Process – This is to clarifyand expedite work processes from filing at the Registry to dispatch of documents to Lawyers. 

Catalogue System- This is for easy and fast file retrieval.All file movements in and out of the Special Filing Room are reflected in the card.Safety of docket is assured as one is responsible for any docket received.

Special Filing Room – This is the place where the file catalogue system is placed.It is thecenterfor control of all active files,and tracking of documents.
 
 


4.5 Pre-Trial Case Management
 

In compliance with the new Order 34 of the High Court Rules 1980, case management has been introduced after  discussions with the legal practitioners. The arrangements are as follows:-  
(a) Filing Of Form 63

After the close of pleadings and within 14 days there-from Form 63 must be filed unless earlier filed together with the Writ;

(b) First Case Management Hearing

First Case Management hearing will be 1½ months from the date of filing of the Writ regardless of whether Form 63 has been filed. During the first hearing discussion will be centered on the overall nature of the action and the steps the parties must take in preparation for the next case management hearing. Direction will therefore be given on the preparation of Agreed Facts, Agreed Issues, Agreed and Disputed Documents, Expert Opinion if required, Exchange of draft witnesses' statements and such other matters relevant to the action.

In the event that pleadings is yet to close, the hearing may be adjourned to another date on application by any of the parties thereto.

(c) Exchange Of Case Statement

After the First Case Management hearing parties to the action are expected to exchange Case Statements so as to facilitate the preparation of the Joint Case Management Statement as well as for the trial proper. Two copies may be filed with the Court before the next case management hearing.

Format of Case Statement is annexed hereto "Lampiran A";

(d) Filing Of Joint Case Management Statement

The Agreed Facts and Issues and such other relevant information will be incorporated into a Joint Case Management Statement that is to be filed with the Court at least three days before the Second Case Management hearing. All parties must sign on the Joint Case Management before it is filed and it is agreed that it will be used during the trial as reference point for the Agreed Facts, Issues and other information therein. If such Joint Case Management statement is agreed upon then the parties should file a draft to be considered and settled before the Judge during the Second Case Management hearing.

Format of a Joint Case Management Statement is annexed hereto – "Lampiran B";

(e) Summons For Direction

There is no longer any necessity to file Summons for Directions;

(f) Second Case Management Hearing

The Second Case Management hearing will be held three months after the First Case Management hearing. But parties may apply for the period to be extended and that in the interim period they may want a mention date to enable them to clear subsidiary issues amongst themselves in the presence of the Judge before the Second Case Management hearing is held;

(g) Witnesses’ Statements

During the Second Case Management hearing the parties may deal with the drafts of the witnesses’ statements earlier exchanged to finalise on any items disputed in particular on points pertaining to admissibility and relevancy. If the parties agree rulings on the disputes may be made by the Judge after hearing their arguments. Otherwise the disputed items will be dealt with during the trial proper.

Once the witnesses’ statements have been settled the parties must file fair copies with the Court at least three days before the next Case Management hearing;

(h) Filing of Bundles of Documents and other Materials

The required number of bundles (usually two) of Agreed Documents wherein it has been agreed in term of their existence and contents must be filed with the Court three days before the Second Case Management hearing.

Documents in which the contents are disputed but not the existence must be filed as a separate bundle. At least two bundles of the same must also be filed with the Court three days before the Second Case Management hearing.

All other materials relevant to the action must also be filed with the Court three days before the Second Case Management hearing;

(i) Alternative Dispute Resolution (ADR)

During the Second Case Management hearing the issues involved or raised in the case will be considered with the view of narrowing them for the trial proper and exploratory move will also be made to find whether there is any possibility of an amicable settlement.

Parties are also enquired whether they are interested to go for Alternative Dispute Resolution such as Mediation or Arbitration. Presently this is purely on optional or voluntary basis as there is no compulsory rule for such requirement and there is no trained mediator presently. Litigants’ acceptance of the concept has also to be taken into account;

(j) Miscellaneous Applications

All other preliminary matters may also be dealt with during the Second Case Management hearing including application for disclosure of documents, further and better particulars if not given earlier, non-contentious amendments to the pleadings and so forth;

(k) Trial Date

At the conclusion of the Second Case Management hearing a trial date will be given for the case unless the parties wish to have further mention date for the case before the Final Case Management hearing. Trial date should be expected between 9 to 12 months from the filing of the Writ;

(l) Final Case Management hearing

The Final Case Management hearing will be held at least one month before the trial proper begins. The main purpose of this hearing is to tie up loose ends in preparation of the case for trial and also to find from the parties for the last time whether there is any possibility of an amicable settlement. Parties are required to inform the Court at least one month before the trial date whether the case is proceeding. This is to enable the Court to slot another case as a replacement in such an event.

(m) Extension of Time

The time prescribed hereinabove may be extended on application by any of the parties during the First Case Management hearing.

(n) Application For Summary Judgment/Striking Out

Notwithstanding the foregoing any party to the action is at liberty to file for summary judgment/striking out at any stage of the proceeding.
 

  4.6 Review Of Cases/Files
  Every three months all active files not under case management are reviewed to monitor their progress. These will include newly registered cases.
5. USE OF E-MAIL
Counsel are encouraged to e-mail their submissions besides filing the printed copies for the convenience of the presiding Judge . Urgent letters should also be sent via this mode and to be followed by the conventional method.
6. SUGGESTIONS AND COMMENTS
Legal firms and parties having any dealing with the Courts are encouraged to submit their suggestions and comments so as to assist the administrators to improve the existing service.
7. Miscellaneous
The above system is not intended in any way to override any existing Rules of Practice. Rather it is expected to complement and compliance is on voluntary basis.  
  Prepared by:
The Registry of  High Court, Kuching, Malaysia
 and  Ad-hoc IT Committee.

Updated as at: 29th August, 2002

 
LAMPIRAN A
CASE STATEMENT




1. BRIEF NARRATIVE OF CLAIM/DEFENCE
 
 
 
 
 
 
 

2. EVIDENTIAL SUPPORT
 
Paragraph No.
Of Statement 
Of Pleadings
Narrative Of Evidence
(Documentary evidence to be attached)
(State whether discovery required)
Statement Of
Claim / Defence		  
   
   
   
   
Reply  
   
   
   
   

 

3. UNDISPUTED FACTS
 
 
 
 
 
 
 

4. DISPUTED FACTS
 
 
 
 
 
 
 

5. LIKELY LEGAL ISSUES
 
 
 
 
 
 

6. NUMBER OF WITNESSES ESTIMATED
 

7. MISCELLANEOUS MATTERS OR EXPECTED INTERLOCUTORY APPLICATION(S)

 
LAMPIRAN B
JOINT CASE MANAGEMENT STATEMENT





1. NATURE OF CLAIM AND DEFENCE
 
Brief Narrative Of Claim And Relief Sought
Brief Narrative Of Defence
   
   
   
   
   

2. DOCUMENTS
 
Agreed
(both contents and existence)
Agreed
(existence only)
Disputed
     
     
     
     
     

3. FACTS
 
Agreed
Disputed
   
   
   
   
   

4. AGREED ISSUES FOR TRIAL
 
 
 
 
 
 
 

5. WITNESSES
 
Plaintiff
(State estimated time needed for each witnesses)
(Brief narrative of substance of testimony)
Defendant
(State estimated time needed for each
witnesses)
(Brief narrative of substance of testimony)
   
   
   
   
   

6. MISCELLANEOUS MATTERS
 
 
 
 
 
 
 

 
 

………………………………….                                                 ………………………………….
Solicitors for the Plaintiff(s)                                                         Solicitors for the Defendant(s)