Rules of the Court of Appeal 1994 Malaysia
If you are involved in a civil or criminal appeal in Malaysia, you need to be familiar with the Rules of the Court of Appeal 1994 (P.U.(A) 524/94). These are the rules that govern the procedure and practice of the Court of Appeal, which is the second highest court in the country.
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The Rules of the Court of Appeal 1994 were made by the Chief Justice, the President of the Court of Appeal and two other judges of the Court of Appeal under section 17 of the Courts of Judicature Act 1964. They came into force on 1 January 1995 and have been amended several times since then.
What do the Rules of the Court of Appeal 1994 cover?
The Rules of the Court of Appeal 1994 cover various aspects of the appeal process, such as:
The time limit for filing a notice of appeal and the contents of the notice
The procedure for applying for leave to appeal and obtaining a certificate of fitness
The preparation and transmission of the record of appeal
The filing and service of written submissions and authorities
The hearing and disposal of appeals
The stay of execution and security for costs
The costs and fees payable for appeals
The powers and duties of the Registrar and other officers of the Court of Appeal
The Rules of the Court of Appeal 1994 also provide for some special cases, such as appeals from interlocutory orders, appeals by way of case stated, appeals from subordinate courts, appeals from disciplinary proceedings, appeals from arbitral awards and appeals from native courts.
Why are the Rules of the Court of Appeal 1994 important?
The Rules of the Court of Appeal 1994 are important because they ensure that appeals are conducted in an orderly, efficient and fair manner. They also help to avoid unnecessary delays, costs and complications in the appeal process.
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rules
By following the Rules of the Court of Appeal 1994, you can avoid making mistakes that may affect your rights or prejudice your case. For example, if you fail to file your notice of appeal within the prescribed time limit, you may lose your right to appeal. If you fail to comply with any direction or order given by the Court of Appeal, you may face sanctions such as dismissal of your appeal or payment of costs.
Therefore, it is advisable to consult a lawyer who is experienced in handling appeals before you decide to appeal or respond to an appeal. A lawyer can advise you on the merits and prospects of your appeal, guide you through the procedure and requirements under the Rules of the Court of Appeal 1994, and represent you at the hearing.
Where can you find the Rules of the Court of Appeal 1994?
You can find the Rules of the Court of Appeal 1994 online at various sources, such as:
The official website of e-Prints Kehakiman (https://eprints.kehakiman.gov.my/33006/), which provides an e-book version incorporating all amendments up to 16 March 2022.
The official website of StuDocu (https://www.studocu.com/my/document/international-islamic-university-malaysia/civil-procedure/my-rules-of-the-court-of-appeal-1994-pua-524-199/14564937), which provides a PDF version with annotations.
The official website of Seaweedsplash (https://seaweedsplash.dof.gov.my/t/book/record?trackid=5734793&readBook=Rules_of_the_court_of_appeal_1994_malaysia_pdf_pdf.pdf), which provides a PDF version without annotations.
You can also obtain a hard copy version from any law bookshop or library that carries Malaysian legal publications.
How to file a notice of appeal under the Rules of the Court of Appeal 1994?
One of the most important steps in the appeal process is to file a notice of appeal within the time limit prescribed by the Rules of the Court of Appeal 1994. A notice of appeal is a document that informs the court and the other parties that you intend to appeal against a decision of the High Court or a subordinate court.
The time limit for filing a notice of appeal depends on whether you are appealing against a final or interlocutory order, and whether you need leave to appeal or not. Generally, the time limit is as follows:
If you are appealing against a final order and you do not need leave to appeal, you must file your notice of appeal within 30 days from the date of the decision.
If you are appealing against a final order and you need leave to appeal, you must file your notice of appeal within 14 days from the date of the grant or refusal of leave.
If you are appealing against an interlocutory order and you do not need leave to appeal, you must file your notice of appeal within 14 days from the date of the decision.
If you are appealing against an interlocutory order and you need leave to appeal, you must file your notice of appeal within 14 days from the date of the grant or refusal of leave.
The notice of appeal must contain certain information, such as:
The name and address of the appellant and the respondent
The date and particulars of the decision appealed against
The grounds of appeal
The relief sought
The certificate of fitness or leave to appeal (if applicable)
The notice of appeal must be filed in four copies with the Registrar of the Court of Appeal and served on all parties affected by the appeal. The filing fee for a notice of appeal is RM200.
What are the benefits of the Rules of the Court of Appeal 1994?
The Rules of the Court of Appeal 1994 have several benefits for both appellants and respondents, such as:
They provide clarity and certainty on the procedure and practice of appeals
They facilitate the speedy and efficient disposal of appeals
They promote uniformity and consistency in the application of the law
They safeguard the rights and interests of all parties involved in appeals
They enhance the quality and credibility of the judicial system
Therefore, it is essential to comply with the Rules of the Court of Appeal 1994 if you want to succeed in your appeal or defend your case effectively. By doing so, you can avoid unnecessary complications, delays and costs that may arise from non-compliance.
How to prepare and transmit the record of appeal under the Rules of the Court of Appeal 1994?
Another important step in the appeal process is to prepare and transmit the record of appeal within the time limit prescribed by the Rules of the Court of Appeal 1994. A record of appeal is a document that contains all the relevant materials and documents relating to the appeal, such as:
The notice of appeal and any supplementary notice of appeal
The judgment or order appealed against and any reasons given by the judge
The pleadings, affidavits, exhibits and other documents filed in the court below
The notes of evidence or transcript of proceedings
The written submissions and authorities filed by the parties
Any other document that may be necessary or helpful for the determination of the appeal
The record of appeal must be prepared in accordance with the format and specifications set out in the Rules of the Court of Appeal 1994. The record of appeal must be paginated, indexed and bound in volumes not exceeding 200 pages each. The record of appeal must also be certified by the Registrar of the court below as being complete and correct.
The time limit for preparing and transmitting the record of appeal depends on whether you are appealing against a final or interlocutory order, and whether you need leave to appeal or not. Generally, the time limit is as follows:
If you are appealing against a final order and you do not need leave to appeal, you must prepare and transmit your record of appeal within 60 days from the date of filing your notice of appeal.
If you are appealing against a final order and you need leave to appeal, you must prepare and transmit your record of appeal within 60 days from the date of filing your notice of appeal or within 30 days from the date of obtaining leave, whichever is later.
If you are appealing against an interlocutory order and you do not need leave to appeal, you must prepare and transmit your record of appeal within 30 days from the date of filing your notice of appeal.
If you are appealing against an interlocutory order and you need leave to appeal, you must prepare and transmit your record of appeal within 30 days from the date of filing your notice of appeal or within 14 days from the date of obtaining leave, whichever is later.
The record of appeal must be transmitted in four copies to the Registrar of the Court of Appeal and served on all parties affected by the appeal. The transmission fee for a record of appeal is RM500.
How to file and serve written submissions and authorities under the Rules of the Court of Appeal 1994?
One more important step in the appeal process is to file and serve written submissions and authorities within the time limit prescribed by the Rules of the Court of Appeal 1994. Written submissions are documents that contain your arguments and points of law in support of your appeal or in response to the other party's appeal. Authorities are documents that contain relevant cases, statutes, rules, regulations or other sources that support your arguments or points of law.
Written submissions must be prepared in accordance with the format and specifications set out in the Rules of the Court of Appeal 1994. Written submissions must not exceed 40 pages in length, unless otherwise permitted by the Court of Appeal. Written submissions must also include a summary not exceeding two pages at the beginning.
Authorities must be prepared in accordance with the format and specifications set out in the Rules of the Court of Appeal 1994. Authorities must be paginated, indexed and bound in volumes not exceeding 200 pages each. Authorities must also include a list not exceeding two pages at the beginning.
The time limit for filing and serving written submissions and authorities depends on whether you are appealing against a final or interlocutory order, and whether you need leave to appeal or not. Generally, the time limit is as follows:
If you are appealing against a final order and you do not need leave to appeal, you must file and serve your written submissions and authorities within 60 days from the date when all records have been transmitted.
If you are appealing against a final order and you need leave to appeal, you must file and serve your written submissions and authorities within 60 days from the date when all records have been transmitted or within 30 days from obtaining leave, whichever is later.
If you are appealing against an interlocutory order and you do not need leave to appeal, you must file and serve your written submissions and authorities within 30 days from filing your notice or within seven days from receiving all records, whichever is later.
If you are appealing against an interlocutory order and you need leave to appeal, you must file and serve your written submissions and authorities within seven days from obtaining leave.
The written submissions and authorities must be filed in four copies with the Registrar of the Court of Appeal and served on all parties affected by the appeal. The filing fee for written submissions is RM100 per volume.
Conclusion
The Rules of the Court of Appeal 1994 are the rules that regulate the procedure and practice of appeals in Malaysia. They cover various aspects of the appeal process, such as filing a notice of appeal, preparing and transmitting a record of appeal, filing and serving written submissions and authorities, and hearing and disposing of appeals. They also provide for some special cases, such as appeals from interlocutory orders, appeals by way of case stated, appeals from subordinate courts, appeals from disciplinary proceedings, appeals from arbitral awards and appeals from native courts.
The Rules of the Court of Appeal 1994 are important because they ensure that appeals are conducted in an orderly, efficient and fair manner. They also help to avoid unnecessary delays, costs and complications in the appeal process. By following the Rules of the Court of Appeal 1994, you can avoid making mistakes that may affect your rights or prejudice your case.
Therefore, it is advisable to consult a lawyer who is experienced in handling appeals before you decide to appeal or respond to an appeal. A lawyer can advise you on the merits and prospects of your appeal, guide you through the procedure and requirements under the Rules of the Court of Appeal 1994, and represent you at the hearing.
You can find the Rules of the Court of Appeal 1994 online at various sources, such as the official website of e-Prints Kehakiman, the official website of StuDocu, and the official website of Seaweedsplash. You can also obtain a hard copy version from any law bookshop or library that carries Malaysian legal publications.
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