We refer to the court forum on 20.10.2022 and Circular No. 58/2022 on court related matters.
Following the Committee’s engagement with the Court, kindly be informed as follows:
- Sessions Court Civil 2: This Court will no longer proceed with fresh hearings nor conduct e-reviews/mentions from 21.11.2022 till end of November 2022. All matters will be called before Sessions Court Civil 1. Cases that are fixed for hearing during that period will be given a new date. Members may check the EFS on the status and/or check with the relevant interpreters. Sessions Court Civil 2 will only proceed with part heard cases, if any, from now till end of November 2022. This Court will however proceed with hearing of all cases as scheduled from 1st December 2022 before a new Sessions Judge.
2. LA applications: Sijil Faraid is no longer required for LA applications by Muslim applicants. The application may be filed and proceeded without Sijil Faraid.
3. Proceedings via zoom: Members to strictly comply with the dress code for court appearances and to ensure that clients are also appropriately attired. Members to ensure that they are at an appropriate location and with suitable background when appearing on video. Clients must also be advised to be at an appropriate location when appearing on video when required. Please avoid appearing from inappropriate location or situation such as whilst driving or from the car. Appearing via video is similar to appearing before the judicial officer in open court/chambers, hence dress code and decorum to be strictly observed.
4. Filing of late documents: members are reminded to comply with the datelines for filing of cause papers. In instances where a new document or witness statement is produced at the hearing, the same must also be e-filed soon after. Merely handing over a hard copy to the Court is insufficient.
5. Third party proceedings: where application for third party proceedings is allowed by Court, apart from extracting the order and/or third party notice, members are also requested to e-file a letter to the registry informing of the order for addition of third party. This is to allow the registry to enable the EFS for entry on the third party particulars to be made by the defendant/applicant.
6. Chinese/Tamil interpreter: where there is a need for Chinese/Tamil interpreters, members are requested to write in early asking for Court interpreter to be made available. Members will be informed by Court if interpreter is not available, in which case, members are to be prepared to proceed with their own interpreter. We have informed the Court of issues arising from the current practice of calling ‘private’ interpreters including on costs and emphasized that there should be a permanent solution from the Court. We have been assured that our concerns will be brought to the attention of the Chief Registrar and potential solutions to be explored, in which case, the Bar would be ready to assist.
7. Amendments during e-review: Court will consider applications for minor amendments even without formal application during e-reviews and if there are no objections to the application.
8. Striking out at e-review: the Committee has requested the Court not to strike out cases during e-review e,g when there is delay by lawyers in appearing and if at all, to wait at least until 4 p.m. Members are reminded to enter the e-review early especially when there is application for hearing. The judicial officers have also been requested not to log out immediately upon giving the next date as lawyers would need some time to check the suitability of the date and to wait for response before logging out. The Court has agreed to consider this.
9. Undisputed costs items: the Committee has requested the Court not to disallow items of costs/disbursements in the draft orders that were not disputed by the other party when approving the draft order. If at all the Court wants to be satisfied of such expense, then the party concerned should be informed to provide the necessary proof before the draft order is returned. The Court has agreed to consider this.
Members are to be advised accordingly. Thank you.
R JAYABALAN
CHAIRMAN