A key part of this system is the civil litigation process, which is the formal way to resolve legal disputes in court. This process, similar to other common law systems, involves several steps that help ensure disputes are settled fairly. This article breaks down the main stages of the Malaysian litigation process, from starting a case to getting a judgment.

The Litigation Process

1. Things to Consider Before Filing a Claim

Before you take your case to court, consider the following:

• Cause of Action: Do you have a valid reason for your claim?
• Limitation Period: Are you still within the time allowed to file your claim?
• Evidence: Do you have enough evidence, like documents or witnesses, to support your claim?

2. Letter of Demand

After considering these points, it’s usually a good idea to send a letter of demand first. While it’s not required, this letter can often resolve disputes quickly and cheaply. It might encourage the other party to meet your demands or settle the matter without going to court.

3. Starting Legal Proceedings

If the issue isn’t resolved by the letter of demand, you’ll need to start legal proceedings. This begins with filing a writ of summons or originating summons, which outlines your claim, the relief you’re seeking, and the legal basis for your action.

• Writ of Summons: Used when there’s likely to be a significant dispute over the facts.
• Originating Summons: Used when you need to ask the court or a judge to make a decision based on written law.

Once the writ of summons is served, the defendant has 14 days to respond, or they risk a default judgment. In cases started by originating summons, the defendant doesn’t need to file a response.

4. Pleadings

The next stage is pleadings, where both parties submit written documents outlining their cases. These documents include:

• Statement of Claim: Filed by the plaintiff, detailing their case against the defendant.
• Statement of Defence: Filed by the defendant, explaining their defense and possibly including a counterclaim.
• Reply to the Defence: Filed by the plaintiff in response to the defense and any counterclaim.

For cases started by originating summons, the plaintiff also submits a supporting affidavit, and the defendant has 21 days to respond if they want to dispute the claim.

5. Discovery of Documents

Before the trial, the court will direct both parties to exchange relevant documents. This process, called discovery, ensures that both sides have access to the information needed for a fair trial. The exchanged documents are categorized into:

• Part A: Agreed authentic and true documents.
• Part B: Agreed authentic but disputed content.
• Part C: Disputed authenticity and content.

6. Trial Stage

The trial is where each side presents their case, using both oral and documentary evidence. Witnesses, including experts, may be called to support the claims. The plaintiff’s witnesses go first, with their evidence tested through cross-examination by the defendant’s lawyer. The process is then repeated for the defendant’s witnesses.

7. Written Submissions and Judgment

After the trial, lawyers submit written arguments, and sometimes make oral arguments, to help the judge make a decision. The judge will then give a judgment, which concludes the case.

Conclusion

The Malaysian litigation process is designed to ensure justice and fairness. While it can be complex, it provides a clear path for resolving disputes through the courts. As Malaysia grows, its legal processes continue to evolve, adapting to the changing needs of society.

Disclaimer: The information provided is for general purposes only. ANN & AIN, ADVOCATES & SOLICITORS make no representations or warranties regarding the accuracy or fitness of the information for any particular purpose. While we have made every effort to ensure the information is accurate as of the time of writing, it should not be relied upon for making any financial, investment, real estate, or legal decisions. Always seek professional advice that considers your personal circumstances.