Circular No. 92/20: Movement Control Order 2.0 | Updates on Operation of Court Matters

MCO 2.0 has been extended in the State of Johor until 04/02/2021.

By notification dated 20/01/2021 issued by the Right Honourable Chief Justice of Malaysia, directions were issued for the conduct of criminal matters, such directions taking effect from 27/01/2021 [ARAHAN MENGENAI PENGENDALIAN PROSIDING KES JENAYAH DI MAHKAMAH SEMASA TEMPOH PERINTAH KAWALAN PERGERAKAN (PKP) – APPENDIX-1].

Following this direction, the office of the Chief Registrar of the Federal Court issued the attached TATACARA OPERASI STANDARD PENCEGAHAN WABAK COVID-19 DI MAHKAMAH DI SELURUH MALAYSIA BAGI PENGGUNA MAHKAMAH [APPENDIX-2], which supersedes the Standard Operating Procedure issued on 03/05/2020.

Members are accordingly informed of the following effective from 27th January 2021 until further notice.

COURT MATTERS

  1. JOHOR BAHRU

1.1 HIGH COURT

Deputy Registrar, Puan Azureen Sahira Binti Sauffee Afandi, confirmed the directions as follows:-

General Information

(i) all counters at the High Court are closed;

(ii) however, the following counters at the High Court of Johor Bahru will be open temporarily on 27th January 2021 from 9:00 a.m. to 12:00 p.m. only. To ensure observance and compliance of the SOP in place, these counters’ business will be by way of appointment;

(a) for submission and certification of true copies of documents in Codes 31 and 32 proceedings [Letters of Administration & Probate]; and

(b) for filing of Revocation of Power Attorney and Deed of Receipt Reassignment.

Civil Courts

(i) all matters involving the physical attendance of the public will be rescheduled to a date to be notified. Members are required the check for the next dates via the e-filing system;

(ii) cases scheduled online (ie e-Review, email, Skype, Zoom etc) will proceed as scheduled and those not requiring physical attendance of the public will be conducted online.

Criminal Courts

Criminal matters will proceed as scheduled. Case managements to be conducted online by consent of the parties.

The list of Judicial Officers with their contact details as originally issued with JBC Circular No. 82/20 is attached here for easy reference as APPENDIX–3.

Auction Proceedings

All foreclosure proceedings (Case Managements, hearings, auctions) are adjourned as follows:-

Scheduled DatesRescheduled Case Management/Hearing
Dates
[9:00 a.m.]
Rescheduled Auction
Dates [Manual]
[2:30 p.m.]
27 January 20212 March 202115 March 2021
1 February 20213 March 202116 March 2021
2 February 20214 March 202117 March 2021
3 February 20219 March 2021No case fixed
4 February 202110 March 2021No case fixed

The letter dated 26/01/2021 from Tuan Mohd Farid Nazzrin bin Ahmad, Senior Assistant Registrar High Court Johor Bahru captioned “PENANGGUHAN PERBICARAAN KES LELONGAN AWAM (MANUAL) DI MAHKAMAH TINGGI JOHOR BAHRU (KOD 38”) is attached as APPENDIX-4.

1.2 SUBORDINATE COURTS

The information from Johor Bahru Subordinate Courts Senior Assistant Registrar, Tuan Mohd Zulhilmi Bin Ibrahim is per below.

Civil Courts

(i) all courts are closed;

(ii) cases which can be disposed by way of remote hearing will proceed online;

(iii) Trials scheduled during the MCO 2.0 are vacated. The Court will liaise directly with members concerned concerning the further conduct of said matters;

(iv) cases with certificates of urgency will be heard by the Sessions Court Judge or Magistrate on duty per the schedules attached as APPENDIX–5 and APPENDIX-6 respectively.

Criminal Courts

Criminal matters will proceed as scheduled. Case managements to be conducted online by consent of the parties.

2. MUAR

2.1 HIGH COURT

High Court Muar Deputy Registrar, Puan Noor Shahidah binti Saharom informed that:-

General Information

(i) The service bureau counter at the High Court is open but only on an appointment basis.

(ii) The Commissioner for Oaths Counter is closed until further notice.

Civil Courts

(i) all matters involving the physical attendance of the public will be rescheduled to a date to be notified. Members are required the check for the next dates via the e-filing system;

(ii) cases scheduled online (ie e-Review, email, Skype, Zoom etc) will proceed as scheduled and those not requiring physical attendance of the public will be conducted online.

Criminal Courts

Criminal matters will proceed as scheduled. Case managements to be conducted online by consent of the parties.

3. Kluang Magistrate’s Court

Civil Matters

(i) No open court matters will proceed during MCO 2.0 period. Trial/hearing dates for all civil matters are converted to Case Management dates and will be conducted through email with respective parties to reschedule the trial/hearing dates. For matters registered via e-filing, please check the CMS.

(ii) Case managements in the CMS will proceed per usual via e-Review;

(iii) Mentions for cases registered manually will be via email while those registered via e-filing will be by way of e-Review in the CMS;

(iv) In the event of urgency, subject to the agreement of the parties and as directed vide Arahan Amalan Ketua Hakim Negara Bilangan 1 Tahun 2021, the matter will proceed by way of remote hearing.

Criminal Matters

All criminal matters and mentions will proceed in open court pursuant to Arahan Amalan Ketua Hakim Negara Bilangan 1 Tahun 2021.

4. SEGAMAT SUBORDINATE COURTS

(i) Criminal matters will proceed as scheduled. Case managements to be conducted online by consent of the parties.

(ii) Trial/hearing dates for all civil matters are converted to Case Management dates. Parties will be furnished the Zoom link via email.

(iii) Case managements and Mentions will proceed per usual via Zoom at 9 a.m.

As announced in JBC Circular 46/20, Video Conference Facilities are available at the Secretariat from Monday to Friday at 8:30 a.m. to 5:30 p.m. As the use of these facilities is subject to availability, members are required to make prior reservation, with the Secretariat, for the specific time and date.

Members will be kept duly informed of developments. As always, stay safe and well.

Please do not hesitate to forward any queries, concerns or issues, the Johore Bar Secretariat at secretariat@johorebar.org.my

Thank you.

SHAHAREEN BEGUM BINTI ABDUL SUBHAN

CHAIRMAN

Note: Please refer the attachment with the Secretariat

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