65. Service of Foreign Process
ORDER 65
1. Definition In this order 'process' includes a citation.
2. Service of foreign legal process. (1) This rule applies in relation to the service of any process required in connection with civil proceedings pending before a court or other tribunal of a foreign country where a letter of request from such a tribunal requesting service on a person in Malaysia of any such process sent with the letter is received by the Minister and is sent by him to the High Court with an intimation that it is desirable that effect should be given to the request.
(2) In order that service of the process may be effected in accordance with this rule the letter of request must be accompanied by a translation thereof in English, by 2 copies of the process to be served and by 2 copies of a translation of the process in English. (3) Subject to paragraph (4) and to any written law which provides for the manner in which documents may be served on bodies corporate, service of the process shall be effected by leaving a copy of it and of the translation with the person to be served.
Service shall be effected by the process server.
(4) Where an application in that behalf is made by the Attorney General, the Court may make an order for substituted service of the process, and, where such an order is made, service of the process shall be effected by taking such steps as the court may direct to bring the process to the notice of the person to be served.
(5) After service of the process has been effected or (if such be the case) attempts to effect service of it have failed, the process server shall file a copy of the process, an affidavit made by the person who served, or attempted to serve, the process stating when, were and how he did or attempted to do so, a copy of the affidavit and a statement of the costs incurred in effecting, or attempting to effect service.
(6) The Registrar shall give a certificate in Form 144- (a) identifying the documents annexed thereto, that is to say, the letter of request for service, a copt of the process received with the letter and copy of the affidavit referred to in paragraph (5); (b) certifying that the method of service of the process and the proof of service are such as are required by the rules of the High Court regulating the service of process of that Court in Malaysia or, if such be the case, that service of the process could not be effected for the reason specified in the certificate; and (c) certifying that the cost of effecting, or attempting to effect, service is the amount so specified.
(7) The certificate given under paragraph (6) shall be sealed with the seal of the High Court for use out of the jurisdiction and shall be sent to the Minister.
3. Service of Foreign legal process under Civil Procedure Convention.
(1) This rule applies in relation to the service of any process required to in connection with civil proceedings pending before a court or other tribunal of foreign country, being a country with which there subsists a Civil Procedure Convention providing or service in Malaysia of process of the tribunals of that country, where a letter of request from a consular or other authority of that country requesting service on a person in Malaysia of any such process sent with the letter is received by the Registrar.
(2) In order that service of the process may be effected in accordance with this rule the letter of request must be accompanied by a copy of a translation of the process to be served in English.
(3) Subject ot any written law which provides for the manner in which documents may be served on bodies corporate and to any special provisions of the relevant Civil Procedure Convention, service of the process shall be effected by leaving the original process or a copy of it, as indicated in the letter of request, and a copy of the translation with the person to be served. Service shall be effected by the process server.
(4) After service of the process has been effected or (if such be the case) attempts to effect service of it have failed, the process server shall file an affidavit made by the person who served, or attempted to serve, the process stating when, where and how he did or attempted to do so, and a statement of the costs incurred in effecting, or attempting to effect, service.
(5) The Registrar shall give a certificate certifying- (a) that the process or a copy thereof, as the case may be, was served on the person, at the time, and in the manner, specified in the certificate or, if such be the case, that that service of the process could not be effected for reason so specified; and (b) that the cost of effecting, or attempting to effect, service is the amount so specified.
(6) The certificate given under paragraph (5) shall be sealed with the seal of the High Court for use out of jurisdiction and shall be sent to the consular or other authority by whom the request for service was made.
4. Costs of service, etc, to be certified by Registrar. A statement of the costs incurred in effecting, or attempting to effect, service under rule 2 or rule 3 shall be submitted to the Registrar who shall certify the amount properly payable in respect of those costs.
ORDER 65
1. Definition In this order 'process' includes a citation.
2. Service of foreign legal process. (1) This rule applies in relation to the service of any process required in connection with civil proceedings pending before a court or other tribunal of a foreign country where a letter of request from such a tribunal requesting service on a person in Malaysia of any such process sent with the letter is received by the Minister and is sent by him to the High Court with an intimation that it is desirable that effect should be given to the request.
(2) In order that service of the process may be effected in accordance with this rule the letter of request must be accompanied by a translation thereof in English, by 2 copies of the process to be served and by 2 copies of a translation of the process in English. (3) Subject to paragraph (4) and to any written law which provides for the manner in which documents may be served on bodies corporate, service of the process shall be effected by leaving a copy of it and of the translation with the person to be served.
Service shall be effected by the process server.
(4) Where an application in that behalf is made by the Attorney General, the Court may make an order for substituted service of the process, and, where such an order is made, service of the process shall be effected by taking such steps as the court may direct to bring the process to the notice of the person to be served.
(5) After service of the process has been effected or (if such be the case) attempts to effect service of it have failed, the process server shall file a copy of the process, an affidavit made by the person who served, or attempted to serve, the process stating when, were and how he did or attempted to do so, a copy of the affidavit and a statement of the costs incurred in effecting, or attempting to effect service.
(6) The Registrar shall give a certificate in Form 144- (a) identifying the documents annexed thereto, that is to say, the letter of request for service, a copt of the process received with the letter and copy of the affidavit referred to in paragraph (5); (b) certifying that the method of service of the process and the proof of service are such as are required by the rules of the High Court regulating the service of process of that Court in Malaysia or, if such be the case, that service of the process could not be effected for the reason specified in the certificate; and (c) certifying that the cost of effecting, or attempting to effect, service is the amount so specified.
(7) The certificate given under paragraph (6) shall be sealed with the seal of the High Court for use out of the jurisdiction and shall be sent to the Minister.
3. Service of Foreign legal process under Civil Procedure Convention.
(1) This rule applies in relation to the service of any process required to in connection with civil proceedings pending before a court or other tribunal of foreign country, being a country with which there subsists a Civil Procedure Convention providing or service in Malaysia of process of the tribunals of that country, where a letter of request from a consular or other authority of that country requesting service on a person in Malaysia of any such process sent with the letter is received by the Registrar.
(2) In order that service of the process may be effected in accordance with this rule the letter of request must be accompanied by a copy of a translation of the process to be served in English.
(3) Subject ot any written law which provides for the manner in which documents may be served on bodies corporate and to any special provisions of the relevant Civil Procedure Convention, service of the process shall be effected by leaving the original process or a copy of it, as indicated in the letter of request, and a copy of the translation with the person to be served. Service shall be effected by the process server.
(4) After service of the process has been effected or (if such be the case) attempts to effect service of it have failed, the process server shall file an affidavit made by the person who served, or attempted to serve, the process stating when, where and how he did or attempted to do so, and a statement of the costs incurred in effecting, or attempting to effect, service.
(5) The Registrar shall give a certificate certifying- (a) that the process or a copy thereof, as the case may be, was served on the person, at the time, and in the manner, specified in the certificate or, if such be the case, that that service of the process could not be effected for reason so specified; and (b) that the cost of effecting, or attempting to effect, service is the amount so specified.
(6) The certificate given under paragraph (5) shall be sealed with the seal of the High Court for use out of jurisdiction and shall be sent to the consular or other authority by whom the request for service was made.
4. Costs of service, etc, to be certified by Registrar. A statement of the costs incurred in effecting, or attempting to effect, service under rule 2 or rule 3 shall be submitted to the Registrar who shall certify the amount properly payable in respect of those costs.
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