Kindly be informed that the Committee recently had a meeting with the Courts on court issues raised by members. The Courts had also brought to attention several issues. The issues discussed amongst others were as follows:
- E-review : judicial officers will give more time for lawyers to respond before logging out and to avoid logging out soon upon issuing the directions. Lawyers are reminded to log in under their personal ID only. Lawyers are also requested to log in only on the day of the e-review. The e-review must be attended by lawyers personally, office staff should not be allowed to attend to the e-reviews using the lawyer’s ID.
- Striking out of cases at the Sessions Court : where lawyers are present in Court but require time before proceeding due to attempts for settlement, the Court will wait until 3.00 p.m. This is to avoid instances of cases being struck out early morning when lawyers are present but require time to attempt settlement before proceeding. Lawyers are however requested to keep the Court informed of the progress of the settlement attempts.
- Subpoenaed witnesses : witness statements will not be insisted upon by the Courts for subpoenaed witnesses. For regular formal witnesses such as Investigating Officers (IO), where possible, lawyers may prepare the ‘standard’ witness statement as currently practiced now in order to assist the Court.
- Change from zoom session to physical proceedings or vice versa : where there is a change to the mode of proceedings, we have requested the Court to provide early notice so that it would be convenient and easier for lawyers to manage their court attendance.
- Attendance at online proceedings : Lawyers are reminded to be located at suitable location when attending to online proceedings and to avoid attending from the car, restaurants or other public locations unsuitable with the decorum of Court proceedings.
- Dress code and court etiquette : Lawyers are reminded to comply with the dress code for court attendance and to observe court decorum and etiquette when in Court. Clients and witnesses are to be advised on proper attire when attending Court and on Court decorum. Pupils are also to be properly attired in accordance with the dress code especially at the hearing of the petition for admission. Eating and drinking in open court or when the Court is in session are to be avoided. The dress code may be seen here.
- Divorce petitions : filing of Affidavit of Non-Appearance of a party must also include the necessary particulars and supporting documents in order to justify the non-appearance.
- LA and Probate matters : when filing the cause papers, lawyers to ensure that the information keyed-in are accurate as the data cannot be rectified later. If necessary, lawyers may also call the “Bahagian Suratkuasa Mati” at the High Court in Kuala Lumpur or Omesti for assistance when filing.
- Applications for adjournment : the application must be made early to the Court. The application must also state whether the opposite party has any objections to the application.
- Administrative matters :
- Court process server : the Courts no longer provide the services of court process server for service of cause papers.
- Urgent cause papers : lawyers to give reasonable time for the registry to process the papers. The registry will be mindful of the urgency and process the documents expediently.
- Notice of appeal in criminal cases : as filing of the cause papers are done via e-filing, lawyers need not send hard copies of the notice to the registry.
- Letters to Court : lawyers to only file the letters via e-filing. It is not necessary to send hard copy or email the letters to the Registrars.
- Confirmation of date : the date/s will be as stated in the EFS. Lawyers need not call the Registrars or court staff for further confirmation. Lawyers to avoid getting their office staff to call the Registrars on court matters.
- Recording of chamber proceedings : the Court will not provide zoom recording of chamber proceedings where there is no appeal involved.
- Priority to High Court : when lawyers have matters at the lower courts, priority is to be given to High Court matters.
- Chinese interpreters : there is still shortage of Chinese interpreters. Parties are to be prepared to bring their own interpreters.
Members are to be guided accordingly. Thank you.
R JAYABALAN
CHAIRMAN