As stated in Circular No. 96/2022, joint petitions for divorce are now being heard in open court before two Sessions Court judges. Following the open court proceedings in the last two weeks, the Court has brought to the Committee’s attention the following matters to be adhered to by lawyers appearing for the parties and the parties themselves in order to facilitate expeditious disposal of the proceedings:
- Lawyers to explain the terms of the joint petition and to obtain consent of the parties in advance before entering the courtroom and avoid seeking instructions or having discussions on the terms whilst proceedings are ongoing in open court. Disagreements on the terms in the midst of proceedings in open court is to be avoided as they disrupt proceedings.
- Where dispensation of attendance of the parties is sought, the reasons in the affidavit of non-appearance (Afidavit Mengecualikan Kehadiran) must be supported by particulars and supporting documents such as letter from employer, passport or other relevant documents. Affidavits with only general/brief reasons and without particulars or proof of the same will not be adequate or sufficient.
- Where there is a request for dispensation of attendance, at least one party must attend court. Instances where both parties are unable to attend or seeking dispensation of attendance are to be avoided and will not be acceptable.
- Lawyers are to comply strictly with the court attire dress code. The dress code may be seen here. Proper court decorum and etiquette is to be maintained at all times.
- Lawyers and parties to address the court clearly and into the mic to ensure clarity in the CRT recording. Parties are to be advised by lawyers on the correct mode of addressing the court in a formal manner and avoid addressing the judge as “abang” or “kakak”.
- Parties to be advised to be properly attired in accordance with the formality and solemnity of proceedings in open Court. Informal wear and accessories such as jeans, round neck t-shirts, slippers, sling bags and informal jackets are not allowed. Collar t-shirts must be tucked in. Parties that are not properly attired will not be allowed into the courtroom.
Members are advised to take note of the above and to also advise the parties accordingly to ensure expeditious disposal of proceedings in open court. Thank you.
R JAYABALAN
CHAIRMAN