How To File A Civil Claim?

Many people are unaware that there are various "ways" to bring cases to civil court in Malaysia. In most criminal cases, the accused is arrested and brought to trial by the public prosecutor, and the case proceeds to trial if the alleged offender does not plead guilty. It is different in civil cases; various civil actions necessitate different modes of court entry.

 

What exactly is a trial?

A trial is a fact-finding process in which a decision is reached in your case before a magistrate or a judge.

 

What exactly is a civil claim?

A civil claim is a court case that involves more than one party.

Civil claim examples:

• Compensation for personal injuries

• Automobile accidents

• Contractual breach

• Property quarrels

• Tenant-landlord disputes

 

Am I allowed to represent myself?

• You have the option of representing yourself in court.

• If you choose to proceed without a lawyer, you must consider the difficulties and specific issues involved.

• If you find trying to represent yourself too difficult as your case progresses, you may consult a lawyer to represent you.

• However, if the amount in dispute is below RM5000 (Small Claims), you should represent yourself.

• Corporate bodies could only initiate or protect civil action through the assistance of a lawyer.

• Learn about the applicable laws and procedures.

• Maintain a record of all timelines for filing and serving documents on the other party.

• Be ready for a trial.

 

Where should a civil claim be filed?

A civil claim must be filed with the appropriate court registry. Some certain amount of money must be paid in fees.

 

What should I do now?

After filing the claim, you must serve it on the opposing party within the time frame specified

 

What exactly is a trial?

Pre-Trial

• Parties should indeed file a bundle of paperwork and pleadings, including a statement of claim, a statement of defence, a counterclaim (if any), and a reply.

• Parties must exchange a bundle of records at least 14 days before the trial.

During the Trial

 What takes place during a trial?

• Plaintiff - the person who files the lawsuit in court.

• Defendant - the person or entity being sued.

• The burden of proof is on the plaintiff.

• During the inspection in chief, the Plaintiff summons his witness to testify. The defendant will cross-examine this witness, who may then be re-examined by Plaintiff.

• The Defendant may also call witnesses and carry the responsibility of raising and attempting to prove any defences to the claim. After both parties have finished their cases, they will be asked to submit submissions.

Post-Trial

A decision is made in open court at the end of the trial.

 

How To Submit A Claim

Before filing a claim in court, you should think about the following:

• The reason for the action: Is your claim supported by evidence?

• Period of limitation: Do you have enough to file your claim?

• Evidence: How will you substantiate your claim? Do you have the required evidence, such as documents or witnesses?

• Litigation expenses: You will have to pay Court filing fees, and litigation may consume a significant amount of your precious time. You should also look into the possibility of losing your case and the consequences, such as paying your opponent's legal fees.

 

MODE OF BEGINNING (COMMENCEMENT)

Summons Writ

If your claim includes a significant dispute over the facts, it must be initiated through Writ.

• The writ must be accompanied by a Statement of Claim or a brief description of your claim or the relief or remedy you seek.

• The writ must be accompanied by a Statement of Claim or a brief description of your allegation or the relief or solution you seek.

• The statement must contain enough information and specifics for the Defendant to understand what you are attempting to claim against him/her.

• Indicate the days the Defendant(s) has to file an appearance in response to your Writ.

 

Writ Service

The summons can be represented in the following ways:

Personal Service / through Prepaid AR Registration Post to his most recently known address

If personal service is not possible, a submission for substitute service must be submitted.

Important Information to Include in your writ

• Your residential address

• If your contact information is not in Malaysia, or if you don't have a location of residence in Malaysia, provide a Malaysian address where documents can be delivered to you.

• Your line of work (occupation)

 

Creating Summons What exactly is Originating Summons ("OS")?

OS is to be used when required by statute, in a dispute involving legal issues, and in situations where there is unlikely to be a substantial dispute of facts. As a result, if there is a dispute over facts, the OS should not be used.

iOS characteristics

• The OS must be filed alongside an Affidavit in Support containing documentary evidence to be relied on.
• It is heard by a Judge.
• There is no need for pleadings.

OS Contents

• Particulars to identify the reason or causes of action against which Plaintiff claims that relief or remedy, or a concise declaration of the relief or remedy claimed.

 

Documentation

• Depending on your location, you can file at the Court Registry. You must then retrieve a sealed copy of the original and serve the Defendant with your Court papers within 6 months.

 

What exactly is a decision?

• A decision is a judgment or order issued immediately after the trial or on another day. If it is delivered on a different day, the parties will be given advance notice to attend.

 

What appears to happen if a party doesn't follow the court's ruling?

• The aggrieved party may seek an execution order from the court.

 

What should I do if I disagree with the decision?

You have always had the right to file an appeal. For appeals to the High Court, the Notice of Appeal must be filed at the court registry that delivered the decision within 14 days of the decision's pronouncement.

• All paperwork to be referred to during the trial, such as the police report, medical report, and photographs, are bundled together.

• The questioning of a witness, even by the party, summoned him or her.

• The adverse party's examination of a witness.

• After a witness has been cross-examined, he or she is investigated by the party who summoned him or her.

• A hearing or trial's summary of all arguments and evidence.

 

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