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RULES OF THE FEDERAL COURT 1995
ARRANGEMENT OF RULES
10,
20,
30,
40,
50,
60,
70,
80,
90,
100,
110,
120,
130
CHAPTER ONE
PRELIMINARY AND GENERAL
Rule
1 Citation
and commencement
2 Interpretation
3 Application
of the Rules of the High Court 1980, etc
CHAPTER TWO
ORIGINAL AND CONSULTATIVE JURISDICTION RULES
PART I
Form and Commencement of Proceedings
4
Form
of proceedings
5 Commencement
of suit
6 Form
of petition
7 Contents
of petition
8 Verification
of petition
9 Notice
of petition
PART II
Address for Service
10
Address
for service
PART III
Service
11
Service
of notice of petition
12 Service
of other documents
13 Date
of service
14 Proof
of service
PART IV
Appearance
15
Place
and time for entering appearance
16 Mode
of entering appearance
17 Default
of appearance
PART V
Defence
18
Statement
of defence
19 Contents
of statement of defence
PART VI
Summons for Directions
20
Rules
of the High Court 1980
21 Directions
22 No
other applications
PART VII
Demurrer
23 Demurrer
PART VIII
Trial
24
Mode
of trial
25 Place
of trial
26 Time
of trial
PART XI
Evidence
27
Evidence
to be by affidavit
28 Rules
as to affidavits
29 Other
evidence
PART X
Application for Leave
30
Application
under Article 4 (4) of the Constitution
PART XI
Special Constitutional Case
31
Reference
by subordinate court
32 Reference
by High Court
33 Special
case
34 Delivery
of special case
35 Filing
of special case
36 Mode
of dealing with special case
37 Certification
on special case
38 Proceedings
in the High Court
39 Agreement
between parties
PART XII
Special Reference under Article 130 of the Constitution
40
Notice
to Attorney General
41 Applicants
to be joined
42 Directions
43 Hearings
44 Report
PART XIII
Costs
45 Costs
PART XIV
Fees
46 Fees
CHAPTER THREE
CIVIL APPEALS
PART 1
Appeal from the Court of Appeal
47 Appeal
to be by notice
48 Service
of notice of appeal
PART II
Notice and Memorandum of Appeal
49 Notice
of cross-appeal
50 Withdrawal
of notice
51 Notice
of cross-appeal by respondent where notice of appeal withdrawn or appeal not
entered
52 Stay
of proceedings on appeal
53 Application
which may be made either to Court of Appeal or Court to be made first to Court
of Appeal
54 Interest
55 Leave
to appeal
56 Entry
of appeal
57 Memorandum
of appeal
58 Failure
to file record
59 Court
may direct service of notice on person not served
60 Amendments
61 Urgent
appeals
62 Appellant
not appearing
63 Pronouncement
of judgment
64 Certificate
of grounds of judgment
65 Poor
persons
PART III
Applications
66 Applications
to Court
67 Applications
68 Certificate
of final decision of the Court
PART IV
Address for Services and Service
69 Rules
of the High Court 1980
PART V
Change of Parties by Death, etc
70 Action
not abated where cause of action continues
71 Order
to carry on proceedings
72 Service
of order to continue action
73 Application
to discharge order by person under no disability or having a guardian
74 By
person under disability having no guardian
75 Solicitor
of plaintiff to give notice of change of interest
PART VI
Evidence and Affidavits
76 Evidence
to be by affidavits
77 Provisions
as to affidavits and filing
PART VII
Motions and Other Applications
78 Application
by motion
79 Where
notice of motion to be given
80 Motion
may be dismissed or adjourned where necessary notice not given
81 Adjournment
of hearing
82 Statement
of person to be served with application
83 Length
of notice of application
PART VIII
Costs
84 Costs
to be in the discretion of the Court
85 Application
of the provisions of the Rules of the High Court 1980 as to costs
PART IX
Court Fees
86 Second
Schedule
87 Manner
of payment of fees
CHAPTER FOUR
CRIMINAL APPEALS
PART I
Commencement of Appeal and Proceedings Prior to
Hearing
88 Notice
89 Notice
where person appealing is in prison
90 Notice
to be forwarded to the Registrar
91 Papers
92 More
than one who appeals
93 Service
of papers
94 Service
of documents
95 Petition
of Appeal
96 Legal
Aid
97 Fees
PART II
Applications
98 Applications
99 How
and where made
100 Place
of hearing
101 Judge
102 Application
to vary or discharge order
103 Withdrawal
of appeal
PART III
Presentation of case, etc.
104 Presentation
of case
105 Security
PART IV
Miscellaneous
106 Ancillary
powers of the Court
CHAPTER FIVE
LEAVE TO APPEAL
107 Application
for leave to appeal
108 Court's
order for leave
109 Power
of Judge when Court not in session
CHAPTFR SIX
MISCELLANEOUS
PART I
The Registry
110
Directions
by Chief Justice
111 Official
Seals
112 Sealed
copies, etc receivable in evidence
113
Dates
upon documents filed
114 Searches
115
Certificate of proceedings in cause or matter
116
Restrictions
117 Fees
of officer required to attend away from where such document is kept
118 Forms
to be used
119 Other
forms
PART II
Sittings and Vacations
120
Regulations
regarding vacations
121 Days
on which off-ices are to be open
122 Office
hours
123 "Month"
124 Exclusion
of holidays
125 Time
expiring on holiday
126
Power
of Court or Judge to enlarge or abridge time
127 Number
of days, how computed
128
Costs
to be in the discretion of the Court
PART III
Notices, Printing, Paper, Copies, Office Copies,
Minutes, etc.
129
All
notices to be in writing
130 Regulations
for printing
131 Affidayits
printed or written
132 Regulations
as to printing and copies
133 Documents
shall be in national language
PART IV
Effect of Non-compliance
134
Non-compliance
with Rules not to render proceedings void
135 Application
to set aside for irregularity when allowed
136 Objections
of irregularity
PART V
Inherent Powers of the Court
137 Inherent
powers of the Court
138 Repeal
SCHEDULES
***********************************************
RULES
OF THE FEDERAL COURT 1995*
IN exercise of
the powers conferred by section 17 of the Courts of Judicature Act 1964 and with
the consent of the Chief Justice, the Rules Committee makes the following rules:
CHAPTER ONE
PRELIMINARY AND GENERAL
1 Citation and commencement
These rules shall be cited as the Rules of the Federal Court 1995 and shall be
deemed to have come into force on 24 June 1994.
2 Interpretation
In these Rules, unless the context otherwise require -
“appellant”
means a person desiring of appealing from a decision of the Court of Appeal to
the Federal Court and includes a person who has been convicted for a criminal
offence in the High Court and who by any written law is entitled to appeal to
the Federal Court’
“Constitution” means the Constitution of Malaysia;
“Court” means the Federal Court and includes a Judge of that Court;
“file” means a file in the Registry of the Federal Court in Kuala Lumpur;
“Government" means the Government of Malaysia or the Government of any State
in Malaysia or any one or more of them, as circumstances may require;
"Judge" means a Judge of the Federal Court;
“public holiday" Means any day which is declared by law to be a public holiday
in any of the States of Malaysia or in the Federal Territory;
"Public Prosecutor" means the Attorney General of Malaysia;
"Registrar" means the Registrar of the Federal Court and shall include a Deputy
Registrar and any Senior Assistant Registrar of the Federal Court;
"Registry of the Court of Appeal" in relation to any particular appeal means
the Registry of the Court of Appeal against the decision of which the said appeal
is brought or proposed to be brought and where such Registry comprises more
than one branch registry (by whatever name called) means the branch registry
in which the proceedings in question of the said Court of appeal have been held
immediately prior to the giving of notice of appeal;
"Registry" means the Registry of the Federal Court at Kuala Lumpur;
"Solicitor" means-
(a) in the case of the
Government of Malaysia, the Attorney General;
(b) in the case of the Government of any State, the State Legal Adviser by
whatever title he may be designated;
(c) in the case of any other party, any person who is entitled to practise
as a legal practitioner in any Court in Malaysia;
"suit"
means a suit between any of the States of the Federation or between the Federation
and any State and includes any suit to which any party is joined by reason of
holding any public office.
3 Application of the Rules of the High Court 1980, etc
Where no other provision is made by any written law or by these Rules, the procedure
and practice in the Rules of the Court of Appeal 1994 and the Rules of the High
Court 1980 shall apply mutatis mutandis.
CHAPTER TWO
ORIGINAL AND CONSULTATIVE JURISDICTION RULES
PART I
Form and Commencement of Proceedings
4 Form of proceedings
Save as otherwise provided by these Rules or by any other rules, all proceedings
in the Court in respect of its original and consultative jurisdiction shall be
by way of suit.
5 Commencement of suit
Every suit shall be commenced by a petition which shall be filed in the Registry
at Kuala Lumpur.
6 Form of petition
The petition for the commencement of a suit shall be in Form I in the First
Schedule to these Rules.
7 Contents of petition
The petition shall contain a statement in summary form of the material facts
on which the petitioner relies and shall conclude by setting out the relief
to which the petitioner considers he is entitled.
8 Verification of petition
A petitioner may at the time of filing his petition or at any time subsequent
thereto file and serve on the respondent an affidayit verifying the contents
of his petition.
9 Notice of petition
(1) The petitioner shall file a Notice of Petition and shall cause the
same to be served on the respondent together with a copy of the petition and
of the affidayit verifying it (if any),
(2) The Notice of Petition shall be in Form 2 in the First Schedule to these
Rules.
PART II
Address for Service
10Address for Service
Every party to a suit shall as soon as practicable give notice to the Registrar
and to every other party to the suit of an address for service.
PART III
Service
11
Service of notice of petition
Service of a Notice of Petition on any party may be affected by delivering a
copy of the same sealed with the seal of the Court and signed by the Registrar
to such party personally or by sending a copy so sealed and signed by AR registered
letter addressed to such party.
12
Service of other documents
Service of any document other than a Notice of Petition may be affected by delivering
a copy of the same at the address for service of the party to be served or by
sending a copy of the same by AR registered letter addressed to
such address for service.
13
Date of service
(1) The date of service by personal service shall be the date on which
such service was effected.
(2) The date of service
by AR registered letter shall be the date of receipt of such letter by the party
to be served or any person purporting to act on his behalf.
14
Proof of service
(1) In the case of personal service an affidayit by the person effecting such
service shall be sufficient proof of service and of the date thereof.
(2) In the case of service
by AR registered letter the production of the AR card shall be sufficient proof
of service and of the date thereof.
PART IV
Appearance
15
Place and time for entering appearance
The respondent to any petition shall enter an appearance thereto in the Registry
at Kuala Lumpur within fourteen days of service upon him of the Notice of Petition.
16
Mode of entering appearance
Appearance to a petition may be entered in accordance with the provisions of
Order 12 of the Rules of the High Court 1980.
17
Default of appearance
(1) In any suit where the party served with the Notice of Petition does not
appear within the time limited for appearance upon proof of service in accordance
with these Rules the suit may proceed as if such party had appeared.
(2) In default of appearance
by any party within the time limited therefor, any document requiring to be
delivered to him shall be deemed to have been delivered if a copy thereof is
filed with the proper officer bearing a note "Delivered to..... by filing in
Court this .... day of...... and signed by the party delivering the same or
his solicitor.
PART V
Defence
18
Statement of defence
Within fourteen days of entering appearance, or within such longer time as may
be agreed upon by the parties, the respondent shall file in the Registry at
Kuala Lumpur and shall serve upon the petitioner a written statement of defence.
19 Contents of statement of defence
The statement of defence shall-
(a)
mention every statement of fact contained in the petition and state whether the
same is admitted or denied or not admitted;
(b) set out concisely any facts upon which the respondent relies;
(e) state concisely the grounds on which the respondent opposes the petition.
PART VI
Summons for Directions
20
Rules of the High Court 1980
Order 25 of the Rules of the High Court 1980 shall apply.
21
Directions
On the hearing of the summons for directions the Judge may on the application
of any party make such orders regarding the following matters as he considers
to be in the interest of justice and desirable to ensure the speedy and economical
decision of the matters in dispute between the parties:
(a)
joinder of other parties;
(b) delivery of a reply to the statement of defence;
(c) discovery of documents and inspection of documents;
(d) delivery of further and better particulars;
(e) interrogatories;
(f) mode of proof of any facts in dispute;
(g) date of trial.
22 No other applications
When the summons for directions has been disposed of, no application may be made
by any party which could have been made on the summons for directions save with
special leave of a Judge.
PART VII
Demurrer
23
Demurrer
(1) Where by his statement of defence the respondent has raised any point
of law and in the opinion of the Judge the decision of such point of law will
substantially dispose of the whole petition or any distinct portion thereof
the Judge may, on the application of either party, make an order in such terms
as he thinks just for the trial of such point of law in accordance with rule
29 and may adjourn indefinitely any other applications before him.
(2) On the trial by the
Court of such point of law as is mentioned herein the Court may dismiss the
petition or make such other order as may be just.
PART VIII
Trial
24
Mode of trial
The mode of trial shall be by three Judges or by such greater uneven number
of Judges as the Chief Justice may direct.
25 Place of trial
The place of trial shall be such place as the Chief Justice may direct.
26
Time of trial
The time of trial shall be such time as the Chief Justice may direct.
PART IX
Evidence
27
Evidence to be by affidayit
Subject to the provision of rule 29, all evidence in proceedings under
these Rules shall be by affidayit.
28
Rules as to affidayits
The provisions of the Rules of the High Court 1980 shall apply to all affidayits
used in evidence under these Rules.
29
Other evidence
The Court or a Judge may order that in any particular case either generally
or in respect of any specified matter evidence may be given in such manner otherwise
than by affidayit ,is may he specified.
PART X
Application for Leave
30 Application under Article 4 (4) of the Constitution
An application under Article 4 (4) of the Constitution for leave to commence
proceedings shall be made in accordance with Chapter III of these Rules.
PART XI
Special Constitutional Case
31
Reference by subordinate court
(1) Where in any proceedings in any court subordinate to a High Court a question
rises as to the effect of any provision of the Constitution the presiding officer
of such Court shall forthwith stay the proceedings and shall send the record
thereof the Registrar of the High Court.
(2) On the receipt of any
record of proceedings under this rule the Registrar of the High Court shall
lay the same before a Judge of the High Court.
(3) On consideration of
any record of proceedings as is herein mentioned where a Judge considers that
the decision of a question as to the effect of any provision of the Constitution
is necessary for the determination of such proceedings the Judge shall deal
with the case as if it were a case before him in the original jurisdiction of
the High Court in which such a question has arisen.
32
Reference by High Court
(1) Where in any proceedings in any High Court a question arises as to the effect
of any provision of the Constitution the Judge hearing such proceedings may
make an order on such terms as may be just staying such proceedings to await
the decision of such question by the Federal Court.
(2) An order staying proceedings
under this rule may be made by the Judge of his own motion or on the application
of any party and shall be made at such stage of the proceedings as the Judge
may consider most suitable having regard to the decision of such questions of
fact as may be necessary to be settled to assist the Federal Court in deciding
the question which has arisen and to the speedy and economical final disposal
of the proceedings.
33 Special case
(1) Where an order for stay of proceedings has been made under 32 the Judge shall
state the question which in his opinion has arisen as to the effect of the Constitution
in the form of a special case for the opinion of the Federal Court.
(2) The question which has arisen shall be stated in a form which shall permit
of an answer being given in the affirmative or the negative.
(3) Every special case stated under the Rule shall be divided into paragraphs
and shall concisely state such facts and shall include such documents as may
be necessary to enable the Court to decide the question raised thereby and shall
he signed by the Judge.
34 Delivery
of special case
(1) A special case stated under rule 34 shall be delivered to the plaintiff.
(2) In relation to a criminal proceeding the Attorney General shall be deemed
to be the plaintiff and the accused person shall be deemed to be a party other
than the plaintiff.
35 Filing of
special case
(1) Within fourteen days of delivery to him of a special case or within such
longer time as the Federal Court may allow the plaintiff shall file the said
special case together with as many copies thereof as may be necessary in the
Registry of the Federal Court at Kuala Lumpur.
(2) At the time of filing the special case the plaintiff shall serve a copy
thereof on every other party to the proceedings.
36 Mode of dealing with special case
(1) Where a special case has been filed it shall subject to the provisions ofthis
rule be dealt with and regarded in all ways as an appeal to the Federal Court.
(2) The special case shall be treated as the record of appeal.
(3) The plaintiff in the proceedings in the High Court shall be treated is
the appellant and all other parties as respondents.
(4) All steps required to be taken under Chapter III of these Rules prior to
the filing of the record of Appeal shall be-deemed to have been taken.
(5) The judgement of the Court shall be in the form of an answer to the question
set out in the special case.
37 Certification on special case
The Registrar shall deliver to the plaintiff and to every party a certificate
of the judgment of the Court.
38 Proceedings in the High Court
(1) Any party may within fourteen days file in the Registry of the High Court
in which the proceedings are pending the certificate of the judgment of the
Court and the said High Court shall continue such proceedings and dispose of
the same according to law.
(2) The High Court shall determine all questions and make all necessary orders
regarding costs therein but no order for costs incurred in the Federal Court
shall be made.
39 Agreement between parties
The parties to any proceedings in the course of which a special case has been
stated may, if they think fit, enter into an agreement in writing, which shall
not be subject to any stamp duty, that, on the judgment of the Court being given
in the affirmative or negative of the questions of law raised by the special
case, a sum of money, fixed by the parties, or to be ascertained by the High
Court, or in such manner as the High Court may direct, shall be paid by one
of the parties to the other of them, either with or without costs of the cause
or matter; and the judgment of the High Court may be entered for the sum so
agreed or ascertained, with or without costs, as the case may be, and execution
may issue upon such judgment forthwith, unless otherwise agreed, or unless stayed
on appeal.
PART XII
Special Reference under Article 130 of the
Constitution
40
Notice to Attorney General
(1) On the receipt by the Registrar of an order of the Yang di-Pertuan Agong
under Article 130 of the Federal Constitution referring to the Court for its
opinion a question as to the effect of a provision of the Constitution the Registrar
shall give notice to the Attorney General to appear before a Judge of the Court
on a day specified in the notice to take the directions of the Court regarding
such order. The day so specified shall be called the "general return day".
(2) The Registrar shall cause to be published in the Federal Government Gazette
an advertisement setting out the substance of the order of the Yang di-Pertuan
Agong and of the notice given to the Attorney General.
41
Applicants to be joined
(1) Within fourteen days of the publication of an advertisement under rule 40
any person desiring to be heard as a party on the hearing of the matter therein
mentioned may file a notice of motion applying accordingly.
(2) Every notice of motion
under this rule shall be supported by a brief statement of the grounds on which
the person making the same considers he should be heard and shall be served
on the Attorney General.
(3) The Registrar shall
require all persons who have given notice of motion under this rule to appear
before a Judge on the general return day.
42
Directions
On the general return day the Judge shall determine all applications which have
been made under rule 41 and shall give such directions as he shall consider
necessary for the hearing of the reference.
43 Hearings
Subject to the provisions of this Part of these Rules the procedure on a reference
which has been received under rule 41 shall follow as nearly as may be the procedure
in proceedings before the Court in the exercise of its original jurisdiction.
44
Report
The Registrar shall report to the Yang di-Pertuan Agong the opinion of the Court
on the question referred by His Majesty.
PART XIII
Costs
45 Costs
No party to any proceedings to which this Chapter applies shall be ordered to
pay any costs.
PART XIV
Fees
46
Fees
(1) A fee of RM500 shall be paid on the filing of an application under rule
41 to be heard as a party on the hearing of a question referred to the Court
by the Yang di-Pertuan Agong:
Provided
that no such fee shall be paid by the Government of any State:
And provided further that where a person who has paid such fee is
heard and the Court considers that it has thereby derived material assistance
in deciding the question before it, the Court may make an order for the refund
of such fee.
(2) Save
as in this rule provided no fees shall be payable in respect of any proceedings
under this Chapter.
CHAPTER THREE
CIVIL APPEALS
PART I
Appeal from the Court of Appeal
47
Appeal to be by notice
(1) An appeal to the Court shall be brought by giving notice of appeal.
(2) A notice of appeal shall
substantially be in Form 3 in the First Schedule to these Rules.
(3) The notice of appeal
shall state whether the whole or part only, and what part, of the judgment or
order is complained of.
(4) The hearing of the appeal
shall be confined to matters, issues or questions in respect of which leave
to appeal has been granted.
48 Service of
notice of appeal
Notice of appeal shall be served on all parties directly affected by the appeal
or their solicitors respectively within the time limited for the filing of the
notice of appeal. It shall not be necessary to serve pal-ties not so afflicted.
PART II
Notice and Memorandum of Appeal
49
Notice of cross-appeal
(1) Notice of cross appeal shall be substantially in Form 4 in the First Schedule
to these Rules, and must be filed within the time limited by the Court, for
filing the cross appeal.
(2) If the respondent fails
to give such notice within the time limited, his cross-appeal may be dismissed.
50
Withdrawal of notice
(1) An appellant may at any time before his appeal is called on for hearing
serve on the parties to the appeal a notice to the effect that he does not intend
further to prosecute the said appeal.
(2) A copy of such notice
shall at the same time be filed by the appellant in the Registry of the Court
of Appeal and one copy shall be sent to the Registrar of the Court.
(3) If all parties to the
appeal consent to the intended withdrawal of the appeal, the appellant may file
in the Registry the document or documents signifying such consent and signed
by the parties or by their solicitors, and the appeal shall thereupon be deemed
to have been withdrawn and shall be struck out of the list of appeals by the
Registrar. In such event any sum lodged in Court as security for the cost of
the appeal shall be paid out to the appellant.
(4) If all the parties do
not consent to the intended withdrawal of the appeal, the appeal shall remain
on the list, and shall come on for the hearing of an issue as to costs or otherwise
outstanding between tile parties, and for the making of an order as to
the disposal of any sum lodged in Court as security for the costs of the appeal.
51
Notice of cross-appeal by respondent where notice of appeal withdrawn
or appeal not entered
(1) Where an appeal is withdrawn under the preceding Rules or where an appeal
is not entered within the time limited, any respondent who has given notice
of cross-appeal may proceed therewith.
(2) Where a respondent intends
to withdraw his cross-appeal, the provisions of rule 50 shall apply to him mutatis-mutandis.
52 Stay of
proceedings on appeal
An appeal shall not operate as a stay of execution of proceedings under the decision
appealed from unless the Court of Appeal or the Court so orders and no intermediate
act or proceeding shall be invalidated except so far as the Court may direct.
53 Application which may be made either to Court of Appeal or Court
to be made first to Court of Appeal
Whenever application maybe either to Court of Appeal or to the Court, it shall
be made in the first instance to the Court of Appeal.
54 Interest
On any appeal, interest, for such time as execution has been delayed by the
appeal, shall be allowed, unless the Court otherwise orders, and the Registrar
may compute such interest without any order for that purpose.
55 Leave to appeal
Where appeal of the Federal Court to appeal is required, the application for
such leave, shall be made in accordance with the provisions of Chapter Five.
56 Entry of appeal
(1) Notice of appeal may be given by filing within the time limited for bringing
the appeal six copies of the Notice of Appeal in the Registry of the Court
of Appeal and a copy in the Registry, and by paying the prescribed fee and
by lodging in Court at the same time the sum of RM500 as security for the
costs of the appeal:
Provided
that the Court may at any time, in any case where it thinks fit, order further
security for costs to be given, and may order security to be given for the payment
of past costs relating to the matters in question in the appeal:
Provided further that no deposit by way of security of costs shall be require
d if the appeal is brought by the Government of Malaysia or any State Government.
(2) A list
of appeals of which notice has been filed herein shall be kept in the Registry
of the Court of Appeal and a copy thereof shall be kept by the Registrar at Kuala
Lumpur.
(3) The Registrar of the Court of Appeal shall on receiving six copies o the
notice of appeal and the prescribed fee and on the security required by paragraph
(1) of this rule being lodged in Court enter the appeal in the list of appeals,
stating therein the title of the cause or matter, the name of the appellant
and his solicitors, if any, and the date of such entry, and shall inform the
Registrar of such entry.
(4) The Registrar shall on receipt of information of the entry of an appeal
enter the like particulars in the consolidated list of appeals and shall allocate
a number to the appeal and shall inform the appellant’s solicitor and the Registrar
of the Court of Appeal who entered the appeal of the number so allocated which
shall thenceforth form part of the title of the appeal.
57 Memorandum
of appeal
(1) Subject to rule 47(4) of these Rules, the appellant shall prepare a memorandum
of appeal setting forth concisely and under distinct heads, without argument
or narrative, the grounds of objection to the decision appealed against, any
specifying the points of law or fact which are alleged to have been wrongly
decided, such grounds to be numbered consecutively.
(2) The appellant shall not at the hearing without the leave of the Court put
forward any other ground of objection, but the Court in deciding the appeal
shall not be confined to the grounds set forth by the appellant.
(3) The memorandum of appeal shall be substantially in Form 5 in the First
Schedule to these Rules.
(4) The appellant shall attach to such memorandum a copy of:-
(a) the order made by
the Court granting leave to appeal-,
(b) the Notice of Appeal;
(c) the order made by the Court of Appeal;
(d) the record of appeal filed in the Court of Appeal; and
(e) the grounds of judgment of the Court of Appeal.
(5) The memorandum of appeal and the copies of the documents specified in paragraph
(4) must be clear and legible. The Registrar may reject any memorandum and the
copies of the said documents, if in his opinion they are not clear and legible.
(6) The memorandum and copies
above referred to, which, together shall be called the record of appeal, shall
be Filed at the Registry within six weeks after the entry of the appeal or within
such further time as the Court may allow.
(7) Sufficient copies of
the record of appeal for the use of the Judges of the Court shall be sent to
the Registrar when the record of appeal is filed.
(8) The appellant shall
within the time limited for the filing of the record serve a copy thereof on
each party who has been served with the notice of appeal.
(9) The appellant shall,
when filing his record of appeal in the Registry, submit to the Registrar a
chronology of events which had taken place from the date the action or the application
was Filed in the High Court to the date of filing of the record of appeal in
the Registry.
58
Failure to file record
(1) Where an appellant omits to comply with rule 57 any respondent who has given
notice of cross-appeal may proceed with his cross-appeal.
(2) In any such case the
respondent shall, as soon as practicable, or within such time as may be allowed
by the Court, file a record of appeal, as is prescribed by rule 57, together
with copies thereof for the use of the Judges of the Court, and shall serve
copies thereof on the appellant and any other parties to the appeal.
59
Court may direct service of notice on person not served
When an appeal is called on for hearing, or at any previous time on the application
of any person interested, the Court may direct that the record of appeal, or
any notice of cross-appeal, be served on any party to the cause or matter who
has not been served therewith, or on any other person not already a party to
the cause or matter, and may, for the purpose of such service, adjourn the hearing
upon such terms as are just, and may give such judgment and make such order
as might have been given or made if the parties served with such record or notice
had been originally parties.
60
Amendments
(1) The Court may at any time allow amendment of any notice of appeal, or notice
of cross-appeal, or memorandum of appeal, or other part of the record of appeal
on such terms as it thinks fit.
(2) If the memorandum of appeal is not drawn up in the prescribed manner, the
appeal may be dismissed.
(3) If any part of the record
of appeal is not filed, orany copy thereof is not supplied, within the prescribed
time, arid no sufficient ground is shown for the delay, the appeal may be dismissed.
61
Urgent appeals
Any party filing a notice of appeal may in the case of urgency apply in writing
to the Chief Justice who if satisfied that it is a proper case for an urgent
hearing, may order the appeal to be heard it the earliest time convenient to
the Court.
62
Appellant not appearing
(1) If, on any day fixed for the hearing of an appeal, the appellant
does not appear in person or by a solicitor, the appeal may be dismissed.
(2) If the appellant appears,
and any respondent fails to appear, either in person or by a solicitor, the
appeal shall proceed in the absence of such respondent, unless the Court for
any sufficient reason sees fit to adjourn the hearing thereof.
(3) Where any appeal is
dismissed or allowed under the provisions of paragraph (1) or (2) of this rule
the party who was absent may apply to the Court for the re-hearing of the appeal
and where it is satisfied that there was sufficient reason for the absence of
such party the Court may order that the appeal be restored for hearing upon
such terms as to costs or otherwise as it thinks fit.
(4) The provisions of this
rule shall apply mutatis mutandis to the hearing of any cross-appeal.
63
Pronouncement of judgment
(1) The judgment of the Court shall be pronounced in open Court, either
on the hearing of the appeal or at any subsequent time, of which notice shall
be given by the Registrar to the parties to the appeal.
(2) Such judgment may be pronounced notwithstanding the absence of the Judges
who composed the Court or any of them, and the judgment of any Judge not present
may be read by a Judge of the Court or by the Registrar.
64
Certificate of grounds of judgment
On the application of any person who has within the time limited given notice
of appeal against any judgment or order, the Court of Appeal shall, unless the
judgment was written, certify in writing the grounds of such judgment or order;
but delay or failure so to certify shall not prevent the appellant from proceeding
with his appeal.
65
Poor persons
Any provisions of law, relating to proceedings by poor persons and the representation
of poor persons by solicitors, applicable in the Court of Appeal shall apply,
as nearly as may be, to proceedings in the Court.
PART III
Applications
66
Applications to Court
(1) All applications to the Court shall unless otherwise provided be
made by motion and shall be heard in open Court.
(2) A notice of motion shall
be substantially in Form 6 in the First Schedule to these Rules.
(3) Notice of motion shall
be served on the parties concerned not less than seven days before the return
day, unless the Court otherwise orders. Applications for leave to give shorter
notice may be made by motion ex parte.
(4) Affidavit may be filed,
read and used in like manner as upon a motion in the High Court.
67
Applications
(1) All applications to the Court in pending appeals shall contain in
the heading the appeal number allocated pursuant to rule 56 and shall not require
any application number.
(2) All applications to the Court (otherwise than in pending appeals) shall
be allocated a number by the Registrar.
(3)All applications shall
be made by filing seven copies of the notice of motion and of every affidavit
intended to be used in support thereof, unless the application is made to a
single Judge of the Court in which case two copies only need be filed. The said
documents shall be filed in the Registry of the Federal Court. Copies of such
application and affidavits shall immediately be sent to all necessary parties.
The Registrar shall follow a procedure similar so far as possible to the procedure
relating to the entry of appeals. On receipt from the Registrar of information
regarding the number of the application and the place and date of hearing, the
applicant's solicitor shall immediately inform the respondents to the application
or their solicitors.
(4) At the time of filing
any application the appellant's solicitor may file a written statement to the
effect that the application is urgent and showing the grounds of such urgency
and that the respondents have agreed to the application being heard by the Court
or if they have not agreed, that he has requested them to do so and that they
have refused. Whereupon the Registrar if he considers that a prima facie
case of urgency has been made out shall call upon the respondents to attend
and show cause why the application should not be heard, and shall transmit the
applicant's statement and the replies of respondents to the Chief Justice who
may fix the date and place of hearing the application but may require the applicant
to give security for the respondents' costs of the application.
68
Certificate of final decision of the Court
The Registrar shall send to the Registrar of the Court of Appeal and of the
appropriate High Court a certificate of every final decision or order of the
Court.
PART IV
Address for Service, and Service
69
Rules of the High Court 1980
Except as otherwise provided, the provisions of the Rules of the High Court
1980 as to address for service and service shall mutatis mutandis apply
to any appeal or proposed appeal to the Federal Court.
PART V
Change of Parties by Death, etc
70 Action not abated where cause of action continues
An appeal shall not become abated by reason alone of the death, or bankruptcy
of any of the parties or by the assignment, creation or devolution of any estate
or title pendente lite.
71
Order to carry on proceedings
Where by reason of death or bankruptcy, or any other event occurring after the
commencement of an appeal, and causing a change or transmission of interest
or liability, or by reason of any person interested coming into existence after
the commencement of the appeal, it becomes necessary or desirable that any person
not already a party should be made a party, or that any person already a party
should be made a party in another capacity, an order that the proceedings shall
be carried on between the continuing parties, and such new party or parties,
may be obtained ex parte on application to the Court or Judge, upon an
allegation of such change, or transmission of interest or liability, or of any
such person interested having come into existence.
72
Service of order to continue action
An order obtained as in the last preceding rule mentioned shall, unless the
Court or Judge shall otherwise direct, be served upon the continuing party or
parties, or their solicitors, and also upon each such new party, unless the
person making the application be himself the only new party, and the order shall
from the time of such service, subject nevertheless to the next two following
rules, be binding on the person served therewith, and every person served therewith
who is not already a party to the cause or matter shall be bound to enter an
appearance thereto within the same time and in the same manner as if he had
been served with a writ of summons.
73
Application to discharge order by person under no disability or
having a guardian
When any person who is under no disability or under no disability other than
coverture, or being under any disability other than coverture but having a guardian
ad litem in the cause or matter, shall be served with such order as in
rule 71 mentioned, such person may apply to the Court or a Judge to discharge
or vary such order at any time within twelve days from the service thereof.
74
By person under disability having no guardian
Where any person being under any disability other than coverture, and not having
a guardian ad litem in the cause or matter, is served with any order as in rule
71 mentioned, such person may apply to the Court or a Judge to discharge or
vary such order at any time within twelve days from the appointment of a guardian
ad litem for such party, and until such period of twelve days shall have
expired such order shall have no force or affect as against such last mentioned
person.
75 Solicitor of plaintiff
to give notice of change of interest
In the case of any such change of interest as is by this Part of these Rules provided
for, the solicitor for the person having the conduct of the appeal, shall certify
the fact to the proper office, who will cause an entry thereof to be made in the
Cause Book opposite to the name of such cause or matter.
PART VI
Evidence and Affidavits
76
Evidence to be by affidavits
Upon any motion, petition, application, or summons evidence may be given by
affidavit, but the Court or a Judge may, on the application of either party,
order the attendance for cross-examination of the person making any such affidavit,
and where, after such an order has been made, the person in question does not
attend, his affidavit shall not be used as evidence unless by the leave of the
Court or a Judge.
77
Provision as to affidavits and filing
Except as otherwise provided in these Rules, the provisions of the Rules for
the time being in force in any High Court as to affidavits shall mutatis
mutandis apply to all affidavits used in any proceeding in the Court and to
any appeal or proposed appeal against any decision of the Court of Appeal.
PART VII
Motions and Other Applications
78
Application by motion
Where by these Rules any application is authorised to be made to the Court or
a Judge, such application, if made to a Judge in Court, shall be made by motion.
79
Where notice of motion to be given
Except where by any order or rule it may be made ex parte in the first
instance, no motion shall be made without previous notice to the parties affected
thereby. But the Court or a judge may make any order ex parte upon such terms
as to costs or otherwise, and subject to such undertaking, if any, as the Court
or Judge may think just; and any party affected by such order may, within ten
days of the service of such order on him, move to set it aside.
80 Motions may be dismissed or adjourned where necessary notice not
given
If on the hearing of a motion or other application the Court or a Judge is of
the opinion that any person to whom notice has not been given ought to have or
to have had such notice, the Court or Judge may either dismiss the motion or application,
adjourn the hearing thereof, in order that such notice may be given, upon such
terms, if any, as the Court or Judge may think fit to impose.
81 Adjournment
of hearing
The hearing of any motion or application may from time to time be adjourned
upon such terms, if any, as the Court or Judge shall think fit.
82 Statement of persons to be served with application
At the foot of every application presented to the Court, and of every copy thereof,
a statement shall be made of the persons, if any, intended to be served therewith,
and if no person is intended to be served, a statement to the effect shall be
made at the foot of the application and of each copy thereof.
83 Length of notice of application
Unless the Court or a Judge gives leave to the contrary, there must be at least
two clear days between the service and the day appointed for hearing an application.
PART VIII
Costs
84
Costs to be in the discretion of the Court
Subject to the provisions of any other written law and these Rules, the costs
of and incidental to all proceedings in the Court shall be in the discretion
of the Court or Judge.
85
Application of the provisions of the Rules of the High Court 1980
as to costs
The provisions of the Rules of the High Court l980 as to costs shall mutatis
mutandis apply to any appeal to the Federal Court.
PART IX
Court Fees
86
Second Schedule
The fees in the Second Schedule and no others shall be taken and paid in all
proceedings in the Court:
Provided that in proceedings
to which a Government is a party other than any such proceedings relating to
income tax such Government shall not be required to pay any Court fees, but
in case any order shall provide that costs be paid by any party to the proceeding
to such Government the amounts which would have been payable as fees but for
this proviso shall be payable by such party and, when recovered, shall be paid
to the Registry of the Court at which such order was given:
Provided further that nothing
herein contained shall affect any liability to pay any fee required to be paid
in respect of any proceeding in any High Court by the rules of such High Court.
87
Manner of payment of fees
The fees to be taken and paid under these Rules shall be collected in such manner
as the Chief Justice may from time to time direct.
CHAPTER FOUR
CRIMINAL APPEALS
PART I
Commencement of Appeal and Proceedings Prior to
Hearing
88
Notice
(1) Within fourteen days of the decision of the Court of Appeal or within
such extended time as the Court may allow the appellant shall file in the Registry
of the Court of Appeal a Notice of Appeal and eight copies thereof. A copy of
the Notice of Appeal shall be sent by the appellant to the Registrar, and another
copy to the respondent.
(2) The Notice of Appeal
shall be substantially in Form 7 in the First Schedule to these Rules.
(3) As soon as Notice of Appeal is filed by the Public Prosecutor 4s in paragraph
(1) the Federal Court may on an application by the Public Prosecutor issue a
warrant directing that the accused be arrested and brought before it and may
remand him to prison pending the disposal of the appeal or admit him to bail
in accordance with the provisions of section 88 of the Courts of Judicature
Act 1964.
(4) The application under
paragraph (3) may be made by motion ex parte and for the purpose of this paragraph,
rules 101 and 102 shall apply.
89
Notice where person appealing is in prison
(1) Where a person who wishes to appeal is in prison he may inform the
officer in charge of the prison orally or in writing that he wishes to appeal
against the decision of the Court of Appeal and of the grounds on which he wishes
to appeal.
(2) The officer in charge
of the prison on receiving any such communication as in paragraph (1) shall
complete Form 8 in the First Schedule to these Rules and eight copies thereof
which shall be signed by the person who wishes to appeal and by the officer
in charge of the prison; and the officer in charge of the prison shall deliver
the same or send the same by registered post to the Registry of the Court of
Appeal, and a copy sent to the Registry and another to the Public Prosecutor.
(3) A form completed and
filed in accordance with this rule shall for all purposes be treated as a Notice
of Appeal and as a Petition of Appeal for the purposes of rule 95 and shall
be deemed to have been filed in accordance with these Rules:
Provided that nothing in
this rule shall prevent any person from filing a Petition of Appeal in pursuance
of rule 95.
90
Notice to be forwarded to the Registrar
On receipt of a Notice of Appeal the Registrar of the Court of Appeal shall
forthwith make a note of the particulars of the same in a register to be kept
by him and shall forthwith send such Notice and five copies thereof to the Registrar
of the Court and shall send one copy thereof to the respondent.
91 Papers
(1) As soon as practicable after the filing of a Notice of Appeal in his
Registry the Registrar of the Court of Appeal shall forward to the Registrar of
the Court particulars of the appellant's trial in Form 9 in the First Schedule
to the Rules together with sufficient copies of the following papers:
(a) the record of appeal
used in the Court of Appeal;
(b) the grounds of judgment of the Court of Appeal; and
(c) additional evidence or documentary exhibits read and produced at the hearing
of the Court of Appeal.
(2) The
Registrar of the Court of Appeal shall deal with the exhibits as directed by the
Registrar of the Court.
92 More than
one who appeals
Where more than one person appeals against the same decision of a Court of Appeal
the number of papers to be filed and supplied under these Rules shall be increased
by one for each person in addition to one.
93 Service of papers
As soon as may be practicable the Registrar of the Court of Appeal shall cause
copies of all the papers mentioned in rule 91 to be served on both parties to
the appeal.
94 Service of
documents
Any notice, order or other document required or authorised to be served under
these Rules may be served by delivering or posting a true copy or duplicate
thereof to the person on whom it is to be served or to his solicitor, or in
such other manner as the Court may direct.
95 Petition of Appeal
(1) Within a period of ten days after service upon him of the papers
mentioned in rule 91 or within such extended period as the Court may allow the
appellant shall file with the Registrar a Petition of Appeal and eight copies
thereof.
(2) A Petition of Appeal shall be substantially in Form 10 in the First Schedule
to these Rules.
(3) On receipt of a Petition of Appeal the Registrar shall transmit a copy
thereof to the Registrar of the Court of Appeal and shall cause a copy of the
same to be served on the respondent.
96 Legal Aid
In an appeal where a party thereto is not legally represented the Registrar
of the Court may assign a solicitor to represent him-
(a)
in every case where the person has been sentenced to death; and
(b) in any other case where the Chief Justice considers it is in the interest
of justice that legal aid should be given.
97 Fees
(1) No fees shall be charged in respect of any appeal or any proceedings therein.
(2) No fees shall be charged for any papers which by these Rules are required
to be supplied to any party to the appeal.
PART II
Applications
98
Applications
(1) All applications to the Court shall unless otherwise provided be
made by motion and shall be heard in open Court.
(2) A Notice of Motion shall
be substantially in Form 11 in the First Schedule to these Rules.
(3) A Notice of Motion shall
be served on the parties concerned not less than four days before the return
day, unless the Court otherwise orders. Application for leave to give shorter
notice may be made by motion ex parte.
99 How and where made
(1) All applications shall be made by filing the notice of motion and every
affidavit intended to be used in support thereof and eight copies thereof, unless
the application is made to a single Judge of the Court in which case two copies
only need be filed. Such documents shall be filed in the Registry, and a copy
in the Registry of the Court of appeal where the judgment, order or decision complained
of was given or made. Copies of such application and affidavits shall immediately
be served on all necessary parties.
(2) The Registrar of the Court shall follow a procedure similar so far as possible
to the procedure relating to the entry of appeals and the Registrar of the Court
shall forthwith inform the Public Prosecutor and the applicant and any other
necessary party to the application of the place and date of hearing of the application.
100 Place
of hearing
Every application shall be heard at such place as the Chief Justice may direct.
101 Judge
Every application other than an application under rule 102 may be heard by a
single Judge of the Court.
102 Application to discharge or vary an order
(1) Every application to discharge or vary an order made by a single
Judge shall be made by separate Notice of Motion filed within ten days from
the date of such order.
(2) On such application no further evidence shall be admissible without the
special leave of the Court.
(3) Such motion shall be filed in the Registry and shall be accompanied by
sufficient copies of all relevant papers for the use of the Judges.
(4) In the case of an application to discharge or vary an order of a Judge
refusing any extension of time or refusing bail such application shall be made
in Form 12 in the First Schedule to these Rules and shall for all, the purposes
of these Rules be deemed to be a Notice of Motion.
103 Withdrawal
of appeal
(1) Where an appellant, at any time before the commencement of the hearing,
wishes to withdraw or discontinue his appeal, he may do so without the leave
of the Court by filing in duplicate with the Registrar and a copy with the Registrar
of the Court of Appeal a notice in Form 13 in the First Schedule to these Rules.
(2) Upon the filing as aforesaid of such notice the appeal shall be deemed to
have been dismissed by the Court.
PART III
Presentation of Case, etc
104
Presentation of case
(1) An appellant may present his case orally or in writing or if he is
not the Public Prosecutor, by solicitor.
(2) An appellant, whether
or not legally represented, shall be entitled to be present at the hearing of
his appeal and at the hearing of any application made by him or on his behalf.
(3) Where an appellant is
not legally represented and is in prison the officer in charge of the prison
shall cause him to be produced at the hearing of any application made by him
and at the hearing of his appeal:
Provided
that on the hearing of any application it shall not be necessary to produce the
appellant if he does not express a wish to be present at the hearing.
(4)
Where a Judge makes any order dismissing any application for extension of time
or for bail made by an appellant who is not legally represented the Judge shall
explain to the appellant, if present in Court, the effect of such order and inform
him of the steps he is entitled to take to apply to have such order discharged
or varied by the Court.
(5) If on the day fixed for the hearing of an appeal the appellant does not
appear in person or by a solicitor and has not presented his case in writing
as aforesaid, the appeal may be dismissed.
(6) Where an appeal is dismissed under paragraph (5) of this rule the Court
may restore the appeal for hearing if it is satisfied that the appellant was
prevented by any sufficient cause from appearing, whether in person or by a
solicitor, when the appeal was called on for hearing.
(7) Nothing in this rule shall operate to relieve any appellant of any obligation
to fulfil any condition regarding appearance which he shall have bound himself
to perform.
105 Security
Where an appellant has been ordered to give any security such security shall
be of such amount and nature as the Judge or Court ordering the same shall determine
and shall be given in such form as the Registrar may require.
PART IV
Miscellaneous
106
Ancillary powers of the Court
The Court shall exercise, for all purposes incidental to or arising from any
application or appeal, all the powers which, under the provisions of any written
law in force in the place of trial at first instance, were vested in the trial
Judge, whether before, during or after the trial, to the extent that such powers
may be applicable to the circumstances of an application or appeal to the court.
CHAPTER FIVE
LEAVE TO APPEAL
107
Application for leave to appeal
(1) Every application in a civil matter to the Court for leave to appeal
shall be made by motion, supported by affidavit exhibiting a copy of the grounds
of the judgement of the High Court and the Court of Appeal, if then available,
filed with the Registrar.
(2) The applicant shall
state in writing whether he intends to appeal against the whole or part only
of the judgment or order, and what part of the judgement or order is complained
of and the grounds for so doing.
(3) A copy of the application shall be served by the applicant on the respondent
not less than seven clear days before the return date and another copy filed
in the Court of Appeal within the time limited for the filing of the application
for leave to appeal.
(4) The applicant shall
at the time of filing his application deposit a sum of RM500 with the Registrar
of the Court as security for the due prosecution of the appeal.
108
Court's order for leave
(1) Where leave to appeal is granted the Court may -
(a)
fix the time within the notice of appeal is to be filed;
(b) give the respondent leave to file a cross-appeal;
(c) determine the questions or issues which ought to be heard in the appeal;
and
(d) give such other directions in the matter as the justice of the case may
require.
(2) Where
an appellant having obtained an order granting him leave to appeal fails to file
his notice of appeal within the time allowed by the Court, the Court may rescind
the order granting him leave to appeal. This provision shall apply to a cross-appeal.
109
(Deleted)
CHAPTER SIX
MISCELLANEOUS
PART I
The Registry
110
Directions by Chief Justice
The Chief Justice may from time to time give such directions with respect to
the business in the Registry, as he may consider necessary.
111 Official seals
The official seals to be used in the Registry shall be such as the Chief Justice
from time to time directs.
112 Sealed copies, etc receivable in evidence
All copies, certificates, and other documents sealed with a seal of the Registry
shall be presumed to be office copies or certificates or other documents issued
from the Registry, and may be received in evidence, and no signature or other
formality, except the sealing with a seal of the Registry, shall be required
for the authentication of any such copy, certificate, or other document.
113 Date
upon documents filed
Upon every proceeding which is filed in the Registry, the date of filing the
same shall be printed or written.
114
Searches
The Registrar shall on a request in writing giving sufficient particulars, and
on payment of the prescribed fee, cause a search to be made in the registers
or indexes under his custody, and issue a certificate of the result of the search.
115
Certificate of proceedings in cause or matter
For the purpose of enabling all persons to obtain precise information as to
the state of any cause or matter, and to take the means of preventing improper
delay in the progress thereof, the Registrar shall at the request of any person,
whether a party or not to the cause or matter inquired after, but on payment
of the usual fee, give a certificate specifying therein the dates and general
description of the several proceedings which have been taken is such cause or
matter in the Registry.
116
Restrictions on removal of documents from Registry
No affidavit or record of the Court shall be taken out of the Registry without
the order of a Judge or Registrar, and no subpoena for the production of any
such document shall be issued.
117
Fees of officer required to attend away from where
such document is kept
Any officer in the Registry, being required to attend with any record or document
at any Court or place out of the Court where such record or document is kept,
shall be entitled to require that the solicitor or party desiring his attendance
shall deposit with him a sufficient sum of money to answer his just fees, charges,
and expenses in respect of such attendance, and undertake to pay any further
just fees, charges and expenses which may not be fully answered by such deposit.
118 Forms to be used
The prescribed forms and the forms contained in the First Schedule to these Rules
shall be used in and for the purposes of the Registry with such variations as
circumstances may require.
119 Other forms
The Chief Justice may from time to time prescribe the use in or for the purposes
of the Registry of such modified or additional forms as he may deem expedient.
PART II
Sittings and Vacations
120
Regulations regarding vacations
The Chief Justice may make such regulations as to vacations as he thinks fit.
121
Days on which office are to be open
The offices of the Court shall be open on every day of the year except weekly
holidays and public holidays.
122
Office hours
Save as hereinafter provided, the office hours shall be from eight in the forenoon
to four o'clock in the afternoon, except the day before the weekly holiday,
when the offices shall close at quarter to one in the afternoon:
Provided that, the Registrar
shall not receive any document presented for filing except as follows:
(i) on any day other than the day before the weekly holiday, between
the hours of eight thirty in the forenoon and quarter to one in the afternoon,
and between the hours of two and half-past three in the afternoon;
(ii) on the day before the weekly holiday between the hours of eight thirty in
the forenoon and twelve o'clock noon.
123
"Months"
Where by these Rules, time for doing any act or taking any proceedings is limited
by months, and where the word "month" occurs in any document which is part of
any legal procedure under these Rules, such time shall be computed by calendar
months according to the Gregorian calendar, unless otherwise expressed.
124 Exclusion
of holidays
Where any limited time less than six days from or after any date or event is
appointed or allowed for doing any act or taking any proceeding, a weekly holiday
and public holiday shall not be reckoned in the computation of such limited
time.
125 Time
expiring on holiday
Where the time for doing any act or taking any proceeding expires on a day on
which the Registry is close, and by reason thereof such act or proceeding cannot
be done or taken on that day, such act or proceeding shall, so far as regards
the time of doing or taking the same, be held to be duly done or taken if done
or taken on the day on which the Registry shall next be open.
126 Power of Court or Judge to enlarge or abridge time
The Court or a Judge shall have power to enlarge or abridge the time appointed
by these Rules, or fix by an order enlarging time, for doing any act or taking
any proceeding, upon such terms (if any) as the justice of the case may require,
and any such enlargement may be ordered although the application for the same
is not made until after the expiration of the time appointed or allowed:
Provided that when the
time for delivering any document of filing any affidavit, answer or document,
or doing any act is or has been fixed or limited by any of these Rules or by any
direction on or under the summons for directions or by an order of the Court or
a Judge the costs of any application to extend such time and of any order made
thereon shall be borne by the party making such application unless the Court or
a Judge shall otherwise order.
127 Number
of days, how computed
In any case in which any particular number of days, not expressed to be clear
days, is prescribed by these Rules, the same shall be reckoned exclusively of
the first day and inclusively of the last day.
128 Costs to be in the discretion of the Court
Subject to the provisions of any other written law and these Rules, the costs
of and incidental to all proceedings in the Court shall be in the discretion of
the Court or Judge:
Provided that nothing herein contained shall deprive an executor, administrator,
trustee, or chargee, who has not unreasonably instituted or carried on or resisted
any proceedings, of any right to costs out of a particular estate of fund to
which he would be entitled according to the Rules hitherto acted upon.
PART III
Notices, Printing, Paper, Copies, Office Copies,
Minutes, etc
129
All notices to be in writing
All notices required by these Rules shall be in writing unless expressly authorised
by the Court to be given orally.
130
Regulations for printing
(1) Where by any provision of these Rules any document is required to be printed,
that document may be either printed or reproduced by type lithography, stencil
duplicating, or photocopying.
(2) The type to be used
for such printing or other form of reproduction shall be type producing a clear
and legible impression and shall be not smaller than small pica type for printing
and not smaller than elite type for type lithography or stencil duplicating.
(3) Any other document required
for use in any proceeding in the Court shall either be printed or reproduced
as prescribed in the last two preceding paragraphs or shall be clearly and legibly
written or typewritten.
(4) Every proceeding in
the Court, and every judgment, order, certificate, petition, affidavit, or document
made, presented, filed or used in any cause or matter, shall, unless the nature
of the document renders it impracticable, be written, typewritten or printed
or partly written, partly typewritten, and partly printed on foolscap folio
paper of good quality and shall have an inner margin and an outer margin.
(5) Copies of documents for making as office copies may, instead of being printed,
written or typewritten copies, be photostat copies of the same size as the original
document.
(6) No written or type written
copy of a document shall be filed, registered or marked as an office copy unless
in the opinion of the Registrar it is clearly legible.
131
Affidavits printed or written
Any affidavit may be sworn to either in print or in manuscript, or partly in
print and partly in manuscript.
132
Regulations as to printing and copies
Where, pursuant to these Rules, any document is to be printed, and where any
printed or other office copy of any such document is to be taken, the following
regulations shall be observed:
Payment for printed copies
furnished to other parties
(a) The party printing shall on demand in writing, furnish to any other party
any number of printed copies, not exceeding ten, upon payment there for at the
rate of 30 cents per folio for every copy.
Credit for payment
(b) As between a solicitor delivering any printed copies and his client, credit
shall be given by the solicitor for the whole amount payable by any other party
for such printed copies.
No charge for written
copies
(c) The party entitled to be furnished with a print shall not be allowed any
charge in respect of a written copy, unless the Court shall otherwise direct.
Marking office copies
(d) The party by whom or on whose behalf any affidavit or certificate is filed
shall leave a copy with the officer with whom the same is filed who shall examine
it with the original and mark it as an office copy; such copy shall be a copy
printed as above provided where such affidavit is to be printed.
Party by whom written copies to be furnished
(e) Where any party is entitled to a copy of any affidavit, proceeding, or document
filed or prepared by or on behalf of another party, which is not required to
be printed, such copy shall be furnished by the party by whom or on whose behalf
the same has been filed and prepared.
Application for and delivery
of copies
(f) The party requiring any such copy, or his solicitor, shall make a written
application to the party by whom the copy is to be furnished, or his solicitor,
with an undertaking to pay the proper charges, and thereon such copy shall be
made and ready to be delivered at the expiration of twenty-four hours after
the receipt of such request and undertaking, or within such other time as the
Court may in any case direct, and is to be furnished accordingly upon demand
and payment of the proper charges.
Footnote of affidavit
(g) It shall be stated in a note at the foot of every affidavit filed on whose
behalf it is so filed, and such note shall be printed on every printed copy
of an affidavit or set of affidavits, and copied on every office copy and copy
furnished to a party.
Endorsement of name
and address. Party answerable for true copy
(h) The name and address of the party or solicitor by whom any copy is furnished
is to be endorsed thereon in like manner as upon proceedings in Court, and such
party or solicitor is to be answerable for the same being a true copy of the
original, or of an office copy of the original, of which it purports to be a
copy, as the case may be.
Neglect to furnish copy
in time
(i) In case any party or solicitor who shall be required to furnish any written
copy as aforesaid shall either refuse or, for forty-eight hours from the time
when the application for such copy has been made, neglect to furnish the same,
all person by whom such application shall be made shall be at liberty to procure
an office copy from the office in which the original shall have been filed,
and in such case no costs shall be payable to the solicitor so making default
in respect of the copy so applied for.
Direction by Court as
to costs of printing and copies
(j) When, by any order of the Court any document is ordered to be printed, the
Court may order the expense of printing to be borne and allowed, and printed
copies to be furnished by and to such parties and upon such terms as shall be
thought fit.
133 Document shall be in national language
(1) Subject to subrule (2), any document required for use in pursuance of these
Rules shall be in the national language and may be accompanied by a translation
thereof in the English language:
Provided that any document in the English language may be used as an exhibit,
with or without a translation thereof in the national language.
(2) For Sabah and Sarawak, any document required for use in pursuance of these
Rules shall be in the English language and may be accompanied by a translation
thereof in the national language:
Provided that any document in the national language may be used as an exhibit,
with or without a translation thereof in the English language.
134 Non-compliance with Rules not to render proceedings void
Non-compliance with any of these Rules, or with any rule of practice for the
time being in force, shall not render any proceedings void unless the Court
or a Judge shall so direct, but such proceedings may be set aside either wholly
or in part as irregular, or amended, or otherwise dealt with in such manner
and upon terms as the Court or Judge shall think fit.
135 Application to set aside for irregularity, when allowed
No application to set aside any proceeding for irregularity shall be allowed
unless made within reasonable time, nor if the party applying has taken any
fresh step after knowledge of the irregularity.
136 Objections of irregularity
When an application is made to set aside proceedings for irregularity, the several
objection intended to be insisted upon shall be stated in the summons or notice
of motion.
PART V
Inherent power of the Court
137
Inherent powers of the Court
For the removal of doubts it is hereby declared that nothing in these Rules
shall be deemed to limit or affect the inherent powers of the Court to hear
any application or to make any order as may be necessary to prevent injustice
or to prevent an abuse of the process of the Court.
138
Repeal
The Rules of the Supreme Court 1980 is hereby repealed:
Provided that any proceeding
which is pending before the Supreme Court on 23 June 1994, shall be continued
and concluded by the Federal Court under the Rules of the Supreme Court 1980.
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F.A.Q
