Previously, under the Rules Of High Court 1980, a Defendant was to enter appearance through the filing of a Memorandum Of Appearance. There was no Return Date on the Writ. Previously also, under the Subordinate Court Rules 1980, a Defendant was to enter appearance either by physically appearing in Court on the Return Date on the Summons or through the filing of the Notice Of Appearance.
Now, under the Rules Of Court 2012, matters in the Subordinate Courts are filed through Writ. There is no longer any Return Date. Defendants are no longer required to enter appearance by physically appearing in Court. Instead, Defendants have to enter appearance through a Memorandum Of Appearance.
With the advent of eReview, members receive a eReview/Case Management date either by way of endorsement or through a Notification. Please take note that this is not a Return Date. The Courts have shown us evidence of member firms issuing letters to Defendants, demanding that the Defendants attend Court on the endorsed date. The Courts take the view that this is misleading especially since it is stated on the Notification that “BAGI TUJUAN PENGURUSAN KES PERTAMA, PLAINTIF TIDAK PERLU MENYERAHKAN NOTIS INI KEPADA PIHAK DEFENDAN.”
Member firms are hereby requested to immediately cease this practice.
Civil Practice and Court Liaison Committee