Circulars

Alert on the amendments to the RHC, RCA and FCR

Dear Members,

The Rules of the High Court (Amendment) 2011, the Rules of the Court of Appeal (Amendment) 2011 and the Rules of the Federal Court (Amendment) 2011 have been gazetted on 29 June 2011. The links to the aforesaid are set out below:

Rules of the High Court (Amendment) 2011 [PU(A) 210/2011]
http://www.federalgazette.agc.gov.my/outputp/pua_20110629_PINDAAN%20RHC%20(GUBALAN).pdf

Rules of the Court of Appeal (Amendment) 2011 [PU(A) 209/2011] wef 1 March 2011
http://www.federalgazette.agc.gov.my/outputp/pua_20110629_PINDAAN%20COAR%20(EWARTAFORMAT).pdf

Rules of the Federal Court (Amendment) 2011 [PU(A) 208/2011] wef 1 March 2011
http://www.federalgazette.agc.gov.my/outputp/pua_20110629_KAEDAH-KAEDAH%20MAHKAMAH%20PERSEKUTUAN%20(PINDAAN)%202011.pdf

There are 3 amendments to the Rules of the High Court:

(a) Rate of Interest – wherever the rate of interest in the principal rules is stated to be 8%, it has been amended to 4%;

(b) Witness Statements – Order 35A has been amended to stipulate that evidence in chief shall be given by way of witness statements in the form of question and answer and it is to be furnished to the other side/s not later than 7 days prior to it being tendered and read at the hearing.

(c) Electronic Filing – Order 92 has been amended to allow for electronic filing and the use of an electronic seal. This particular amendment is deemed to be operational retrospectively from 1 March 2011.

The amendments to the Rules of the Court of Appeal (all of which are deemed to be operational retrospectively from 1 March 2011):

(a) Notes of Evidence – to permit the inclusion in the Record of Appeal of the notes of evidence recorded in mechanical means i.e. the CRT;

(b) Electronic Filing – Rule 78 has been amended to allow for the use of an electronic seal. A new Rule 80A to allow for electronic filing.

The amendments to the Rules of the Federal Court (all of which are deemed to be operational retrospectively from 1 March 2011):

(a) Electronic Filing – Rule 111 has been amended to allow for the use of an electronic seal. A new Rule 113A to allow for electronic filing.
Regards

Brendan Navin Siva
Chairman
Kuala Lumpur Bar Committee