Following the announcement of the State of Johor’s transition to Phase 3 of the National Recovery Plan, the Johore Bar Committee [“JBC”] sought directions from the Courts to provide clarity to members concerning the future conduct of matters. From the information obtained so far from some Courts, there is a partial resumption of conduct of matters by physical presence. Notwithstanding the updates here, members are strongly advised to check directly with the respective Courts regarding the status of their matters.
(a) MUAR HIGH COURT
(i) Proceedings before Deputy/Senior Assistant Registrar
We have been informed by Puan Noor Shahidah binti Saharom, Deputy Registrar of the Muar High Court that hearing of Bankruptcy Petitions (Code 29NCC) will be conducted physically in the High Court of Muar from 17 October 2021. However, the physical hearing will only be conducted for cases where the papers are in order.
Hearing of applications for Letters of Administration/Grant of Probate will also be conducted with physical presence.
Hearings and Case Managements of proceedings bearing codes other than those mentioned above will continue to be conducted online/virtually unless a matter involves a party who is unrepresented, in which case the matter will be conducted by physical presence.
(b) JOHOR BAHRU HIGH COURT
(i) FORECLOSURE PROCEEDINGS (CODE 38) [from 17 Oct 2021 to 23 Oct 2021]
All hearings, case managements and manual auctions are rescheduled per letter dated 14 Oct 2021 from Puan Hanis Aliah Binti Ahmad Kamarulnajuib, Senior Assistant Registrar High Court Johor Bahru.
(c) JOHOR BAHRU LOWER COURTS [CIVIL]
(i) Magistrate’s Courts (1)
Matters filed in 2019: Fresh and part-heard trials to proceed with physical presence.
Matters filed in 2020: Part-heard trial to proceed with physical presence. Fresh trial may proceed provided it can be completed in 1 day.
Matters filed in 2021: Neither fresh trials nor part-heard matters are proceeding.
(ii) Magistrate’s Courts (2)
Matters filed in 2019: Fresh and part-heard trials to proceed with physical presence.
Matters filed in 2020: Part-heard trial to proceed with physical presence.
Matters filed in 2021: Neither fresh trials nor part-heard matters are proceeding.
(iii) Sessions Court (1)
Matters filed in 2019: Fresh and part-heard trials to proceed with physical presence.
Matters filed in 2020 and 2021: Neither fresh trials nor part-heard matters are proceeding.
(iv) Sessions Court (2)
Matters filed in 2019: Fresh and part-heard trials to proceed with physical presence.
Matters filed in 2020: Part-heard trial to proceed with physical presence. Fresh trial may proceed ONLY via Zoom provided all parties involved in the matter consent to this mode of trial.
Matters filed in 2021: Neither fresh trials nor part-heard matters are proceeding.
(v) Sessions Court (3)
Matters filed in 2019: Fresh and part-heard trials to proceed with physical presence.
Matters filed in 2020: Part-heard trial to proceed with physical presence. Kindly confirm with the Court Interpreter concerning the conduct of fresh trial to proceed via online.
Matters filed in 2021: Neither fresh trials nor part-heard matters are proceeding.
(vi) Sessions Court (4)
(1) Mode of Conduct of Proceedings
Matters filed in 2018/2019: Fresh and part-heard trials to proceed with physical presence.
Matters filed in 2020: Fresh and part-heard trials to proceed with physical presence. The order of priority for matters scheduled in a day is:
- 2018/2019 matters;
- 2020 matters registered earlier.
Matters filed in 2021: Both part-heard and fresh trials to proceed if no older matters have been scheduled for the day. Should earlier registered matters be scheduled on the same day, the order of priority is:-
- 2018/2019 matters;
- 2020 matters;
- 2021 matters registered earlier.
(2) Given that the physical presence capacity in court premises is restricted, only 2 matters will proceed per day according to the scheduled time.
(3) Parties, by mutual agreement, may also opt apply for the matter to proceed either by physical presence or via Zoom. A written application is to be submitted to Court through the Interpreter not less than 7 days before the scheduled trial date.
(4) Members will be contacted by the Interpreter before a scheduled trial date, giving advance prior notice confirming that a trial concerned is to proceed.
(d) PAYMENT THROUGH EPOS / EPCF CHANNELS IN JOHOR COURTS
Members are advised to not send any cash/ money order / bank draft for payments to the Courts.
We reiterate that matters referred to in paragraphs (a) and (c) above are the general guidelines and that members are encouraged to contact the Courts prior to confirm.
In the meantime, we continue to liaise with the respective courts for information and further updates. 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