Circular No: 027/2025
Date: 24 February 2025
Dear Members of the Kuala Lumpur Bar,
The Kuala Lumpur Bar Committee is aware that there is a recent direction by the Courts that a majority, if not all, of matters at the Kuala Lumpur Courts are to be carried out physically. The direction is in contrast to the previous mode of conducting proceedings where a substantial number of matters were conducted via Zoom and/or e-review.
In November 2024, the KLBC has submitted a set of proposed “Guidelines For the Mode of Hearings / Trials” to the Managing Judge of the Civil High Courts. The proposal was prepared by the Co-Deputy of the KLBC’s Civil Practice and Court Liaison Committee (“CPCLC”), Ms Aarthi Jeyarajah, upon compilation of feedback from members of the KLBC CPCLC.
Following a meeting between the Bar Council’s Court Liaison Committee (“BC CLC”) with the Chief Judge of Malaya in January 2025 in which the KLBC CPCLC proposal was raised, the KLBC, via its Honorary Secretary, Mr Nimalan Devaraja, and Co-Chairperson of the CPCLC, Mr Shugan Raman, were invited by BC CLC to revise the said proposal for further consideration to the Chief Judge of Malaya.
The KLBC’s above representatives submitted a revised set of the proposed guidelines to BC CLC at the end of January 2025. Following further engagement, we understand that the BC CLC has substantially adopted the said proposal in its submission to the Chief Judge of Malaya.
In summary, the proposed guidelines provide for a general position to be adopted (subject to the discretion of the individual Courts and the preference of parties) which is as follows:-
- All Case Management should be conducted by way of e-review, save for Case Management to ascertain compliance with the Court’s pre-trial directions which may be conducted online or physically before the Judge. This is to facilitate the discussions between the Bench and Bar to ensure the matter is ready for trial;
- Save for certain exceptions, all interlocutory applications should be heard online;
- Hearings for Originating Summons, applications for judicial review, and trials are to be conducted physically. However, where there are foreign witnesses, parties should be permitted to apply for the evidence of the said witness to be taken online;
- Where one or more sets of solicitors are from outstation, or a matter is filed by way of a certificate of urgency, parties should be allowed to apply for the matter to be heard online; and
- Matters, whether conducted physically or virtually, should be fixed on a staggered time basis.
The KLBC will continue all efforts in engaging with the BC CLC and the Courts on the above to try and ensure that the interests of all members and stakeholders are protected.
Alvin Oh Seong Yew
Chairman
Kuala Lumpur Bar Committee