Circulars

Notes of Meeting with Managing Judge of Subordinate Courts in Kuala Lumpur on 07.07.2010

Issues raised by CCLC:

1. Documents/Files
§ Judge stressed that there is no room for files to go missing as all 2010 files are in electronically-scanned form.

§ If there are files which have been listed but not in Court, Judge will instruct the interpreter/court staff to find the files. Lawyers should not be sent to the Registry to locate files/documents.

§ Each Registrar hears about 200 files per day.

Case Management Problems
§ Puan Ong Wee Ching, Pendaftar Kanan Mahkamah Rendah Kuala Lumpur, informed that if the QMS System hanged, interpreters will manually call out the files.

§ The QMS system is still being upgraded from time to time. Lawyers with piles of cases – Puan Ong is still in discussion with Formis (system contractor) in finding a solution to ensure a lawyer with many files can be assigned to the same Registrar/Judge to ease the burden of a lawyer moving from one cubicle to another to hear his pile of matters at the same time with different Registrars.

§ Lawyers are advised not to wait in front of cubicles but at allocated waiting area (outside) at level B1. The inner waiting area is for defendants and notices had been put up to that effect.

§ YA Dato’ Seri Md Raus Sharif assured that all matters should be finished by 5.00pm.

Scanned documents
§ Puan Ong requested lawyers to file their documents/send in their submissions a week before the hearing date to give the Court time to scan the said documents.

§ All documents to be only stapled once to make it easier for Court staff to loosen it and do the scanning. Alternatively lawyers can submit their documents (for submission without payment) in soft copy via CD or thumb drive at Kaunter Saman Baru (Level 1).

Execution Proceeding (Counter 10 Level 1)
§ Execution date given immediately once the deposit is paid. For Certificate of Urgency, matters are handled immediately.

§ All Application of Distress could be submitted at the counter and Judge will then make the decision. Counter should not reject any application.

§ Lawyers to contact Puan Masni Julaihi, Pendaftar Mahkamah Rendah at masni@kehakiman.gov.my should they have any problem relating to execution arise.

Extraction of Court Orders
§ If there is an undue delay in extracting an order albeit draft for approval or sealed copy, lawyers are advised to scan and e-mail the same to Puan Ong at ongweeching@kehakiman.gov.my and a reminder issued after the expiry of 2 weeks if documents still not extracted.

2. Compliance with the Rules of Subordinate Courts
YA Dato’ Seri Md Raus Sharif stressed that Judges do have a discretion in not allowing the exact number of days for affidavits in reply/response. The Judges have been advised to be reasonable at the same time. Should lawyers disagree with the time frame granted, they are at liberty to appeal if necessary.

3. Car Park
YA Dato’ Seri Raus informed that under the future development of the additional Courts, a multi storey car park is included.

CCLC’s request to switch the Public car park with the current Lawyers car park had been rejected. CCLC had requested for YA Dato’ Seri Md Raus Sharif to reconsider the decision not to switch.

At His Lordship’s request CCLC would be writing to His Lordship on the above matter for reconsideration of the proposal.

4. Online Cause List
On the issue of online cause list where under the names of most Registrars it appears that no schedule is listed, Puan Ong explained that this is because there is a need for all the Registrars to print their cause list once, only then the schedule can be viewed online by the rest.

5. Civil Session Court 3
YA Dato’ Seri Md Raus Sharif confirmed that the Court will not be closed instead will be handling other matters. This is because most of the runner matter backlog has been cleared and hence only one Court will be handling runner matters.

6. Other matters
CCLC has requested a monthly meeting with Puan Azizah Mahmud, Pengarah Mahkamah Kuala Lumpur, on issues pertaining to the Subordinate Courts. YA Dato’ Seri Md Raus Sharif has advised that CCLC writes to Puan Azizah and copy the letter to him.

Issues raised by the Judges:

§ Issuance of Borang 141 and filing of Appeal
Lawyers are urged to inform the RKKK Courts or the Registrars should they decide not to proceed with their appeal. Lawyers are advised to collect their ground of judgement within 14 days of issuance of Borang 141 or inform the Court that they are not pursuing with their appeal.

§ Discharging
Lawyers must inform Court early (before trial date) should they wish to discharge themselves. Once the trial starts, lawyers are obliged to serve their client.

Pushpa Ratnam
Chair
KL Bar Civil Court Liaison Committee