Circular No: 239/2021
Date: 26 October 2021
In respect of whether there is a need to detail the cause papers in the draft Orders and/or judgment, this would differ depending on the circumstances of the matter before the Court.
2. No Option To File Notes of Proceedings (“Nota Keterangan”)
In the event parties wish to file the Notes of Proceedings, parties may file the same by way of letter because the current system does not have a specific category for the same. The necessity for Notes of Proceedings will differ depending on the matter before the Court as well as the needs of the respective Judge. Given the current reliance on technology by the Courts, the Judge will usually request for a softcopy of the Notes of Proceedings.
3. Registrars Are Not Contactable
It is The Registrars’ responsibility to ensure that they are reachable and that they are contactable in any way. The Registrars acknowledged that there was a lot of feedback from members and the public that they could not reach the Registrar.The Registrars suggested contacting them through email or EFS for any enquiries as they may not be able to answer the phone because they are conducting hearings/case management.
The Court has circulated the contact details of the Supervisory Officers to the Kuala Lumpur Bar. Members can refer to our Circular No: 109/2021 dated 25 May 2021.
4. What Lawyers Should Do If There Is Error In Filing, For Example Where A NCC Matter Is Filed Under NCvC
Where the order of Court under which the deposit/security is made is very clear and also specifies the terms and the conditions when and to whom the deposit/security is to be refunded, members may apply for the refund by way of a letter. At the end of the disposal of the case, the condition is triggered and no further order is necessary. Parties can write a letter to the Court enclosing the Court order together with a bank statement for the Court to verify the account details. If parties don’t have a copy of these documents, they are to enclose a Statutory Declaration, affirming that they lost their copies.
- Notice of Application
Where the terms and conditions to refund the deposit/security is unspecified in the original order, an application for refund must be made by way of a Notice of Application and to be served on the opponents (to be heard inter partes).
Suggestions/actions that can be taken by a lawyer:
- If the lawyer does not receive a response from the Registrar and needs to leave the session for another matter, the lawyer can request to stand down and leave the session. Based on this, the Registrar cannot strike out the matter as the attendance has been recorded in the Notes of the proceedings.
- Parties can request to change case management to a flexi-time basis if they are unable to stay on the eReview in real-time.
- Inform the Managing Registrar so that they can examine the specific case to find out the reason for the delay.
The categories of documents were prescribed based on the Rules of Court 2012 where the standard documents type were Pleadings and Amended Pleadings. In the event there are various amended pleadings and there is no available category for the filing, parties can file under the next closest/relevant option. If this still rejected, parties can notify the Managing Registrar for assistance.
8. Confusion Over Whether Matters Are For Cases To Be Conducted Via eReview, Email, Zoom Or In Person. Request If The Court Can Update The Mode Of The Hearing In The EFS System
There are two options to check on the mode of hearing:
- For a faster response, the lawyer can contact the Managing Registrar and provide the case number for them to check. The Managing Registrar will provide the details of the case including the hearing platform.Please note that parties will be notified of the Zoom link via letter or notification through EFS. Notifications will be sent to the registered email. If a firm registers their public email, the administrator at the firm will need to send the zoom link to the lawyer who is handling the case.
- Lawyers can check on the e-Courts portal using the search function on the right corner.
9. Suggestion To Standardise Hearings By Way Of eReview Or Zoom
Members should also refer to our Circular No: 189/2021 dated 7 August 2021.
10. Request For Parties To Be Updated On Adjournment Of Cases In Advance
Kuala Lumpur Bar CommitteeNizam Bashir
Civil Practice & Court Liaison Committee