RULES OF THE HIGH COURT 1980
ARRANGEMENT OF ORDERS
ORDER
1. CITATION, APPLICATION, INTERPRETATION AND FORMS
1A. COURT OR JUDGE SHALL HAVE REGARD TO JUSTICE
2. EFFECT OF NON-COMPLIANCE
3. TIME
4. CONSOLIDATION OF PROCEEDINGS
5. MODE OF BEGINNING CIVIL PROCEEDINGS IN HIGH COURT
6. WRITS OF SUMMONS: GENERAL PROVISIONS
7. ORIGINATING SUMMONSES: GENERAL PROVISIONS
8. ORIGINATING AND OTHER MOTIONS: GENERAL PROVISIONS
9. PETITIONS: GENERAL PROVISIONS
10. SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS
11. SERVICE OF PROCESS, ETC., OUT OF THE JURISDICTION
12. ENTRY OF APPEARANCE TO WRIT OR ORIGINATING SUMMONS
13. DEFAULT OF APPEARANCE TO WRIT
14. SUMMARY JUDGMENT
14A. DISPOSAL OF CASE ON POINT OF LAW
15. CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES
16. THIRD PARTY AND SIMILAR PROCEEDINGS
17. INTERPLEADER
18. PLEADINGS
19. DEFAULT OF PLEADINGS
20. AMENDMENT
21. WITHDRAWAL AND DISCONTINUANCE
22. PAYMENT INTO AND OUT OF COURT
22A. INTERIM PAYMENTS
23. SECURITY FOR COSTS
24. DISCOVERY AND INSPECTION OF DOCUMENTS
25. SUMMONS FOR DIRECTIONS
26. INTERROGATORIES
27. ADMISSIONS
28. ORIGINATING SUMMONS PROCEDURE
29. INTERLOCUTORY INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY, ETC.
30. RECEIVERS
31. SALES, ETC., OF IMMOVABLE PROPERTY BY ORDER OF COURT
32. APPLICATIONS AND PROCEEDINGS IN CHAMBERS
33. MODE OF TRIAL
34. PRE-TRIAL CASE MANAGEMENT
35. PROCEEDINGS AT TRIAL
35A. WITNESS STATEMENT
36. TRIALS BEFORE AND INQUIRIES BY REGISTRAR
37. ASSESSMENT OF DAMAGES
38. EVIDENCE: GENERAL
39. EVIDENCE BY DEPOSITION: EXAMINERS OF THE COURT
40. COURT EXPERT
41. AFFIDAVITS
42. JUDGMENTS AND ORDERS
43. ACCOUNTS AND INQUIRIES
44. PROCEEDINGS UNDER JUDGMENTS AND ORDERS ON THE EQUITY SIDE
45. ENFORCEMENT OF JUDGMENTS AND ORDERS
46. WRITS OF EXECUTION: GENERAL
47. WRITS OF SEIZURE AND SALE
48. EXAMINATION OF JUDGMENT DEBTOR, ETC.
49. GARNISHEE PROCEEDINGS
50. CHARGING ORDERS, STOP ORDERS, ETC.
51. RECEIVERS: EQUITABLE EXECUTION
51A. RATEABLE DISTRIBUTION
52. COMMITTAL
53. APPLICATION FOR JUDICAL REVIEW
54. (DELETED)
55. APPEALS TO HIGH COURT FROM SUBORDINATE COURTS AND STATUTORY BODIES
56. APPEALS FROM REGISTRAR AND JUDGE
57. (THERE IS NO ORDER 57)
58. (THERE IS NO ORDER 58)
59. COSTS
60. THE REGISTRY
61. SITTINGS, VACATION AND OFFICE HOURS
62. SERVICE OF DOCUMENTS
63. PAPER, PRINTING, NOTICES AND COPIES
64. CHANGE OF SOLICITOR
65. SERVICE OF FOREIGN PROCESS
66. OBTAINING EVIDENCE FOR FOREIGN COURTS, ETC.
67. RECIPROCAL ENFORCEMENT OF JUDGMENTS
68. (THERE IS NO ORDER 68)
69. ARBITRATION PROCEEDINGS
70. ADMIRALTY PROCEEDINGS
71. NON-CONTENTIOUS PROBATE PROCEEDINGS
72. CONTENTIOUS PROBATE PROCEEDINGS
73. PROCEEDINGS BY AND AGAINST THE GOVERNMENT
74. DEBTORS ORDINANCE 1957 [ACT 256]
75. DISTRESS ORDINANCE 1951 [ACT 255]
76. DISABILITY
77. PARTNERS
78. DEFAMATION ACTIONS
79. MONEYLENDERS' ACTIONS
80. ADMINISTRATION AND SIMILAR ACTIONS
81. ACTIONS FOR SPECIFIC PERFORMANCE, ETC., SUMMARY JUDGMENT
82. DEBENTURE HOLDERS' ACTION: RECEIVER'S REGISTER
83. CHARGE ACTIONS
84. PROCEEDINGS RELATING TO INFANTS
85. BILLS OF SALE ORDINANCE 1950
86. INHERITANCE (FAMILY PROVISIONS) ACT 1971
87. TRADE MARKS ACT 1976
88. COMPANIES ACT 1965
89. SUMMARY PROCEEDINGS FOR POSSESSION OF LAND
90. LODGMENT IN COURT AND PAYMENT TO SHERIFF
91. COURT FEES
92. MISCELLANEOUS
93. REPEAL
APPENDIX A - LIST OF FORMS
APPENDIX B
Sunday, July 15, 2007
ORDERS 1 & 1A
1. Citation and Commencement. (O. 1 r. 1)
Order 1
Citation, Application, Interpretation and Forms.
1. Citation and Commencement. (O. 1 r. 1)
These rules may be cited as the Rules of the High Court 1980, and shall come into force on
the 1st June 1980.
2. Application. (O. 1 r. 2)
(1) Subject to the following provisions of this rule, these rules shall have effect in relation
to all proceedings in the High Court, including any pending proceedings therein.
(2) These rules shall not have effect in relation to proceedings in respect of which rules
have been or may be made under any written law for the specific purpose of such
proceedings or in relation to any criminal proceedings.
(3) In the case of the proceedings for which rules have been made, nothing in paragraph (2)
shall be taken as affecting any provision of any rules (whether made under the Act or any
other written law) by virtue of which the Rules of the High Court 1980 or any provisions
thereof are applied in relation to any of those proceedings.
3. (There is no rule 3).
4. Definitions. (O. 1 r. 4)
(1) In these rules, unless the context otherwise requires, the following expressions have the
meanings hereby respectively assigned to them, namely–
"Act" means the Courts of Judicature Act 1964.
"cause book" means the book kept in the Registry in which the number of, and other details
relating to, a cause or matter are entered;
"folio" means 100 words, each figure being counted as one word;
"Form" means a form set out in Appendix A to these rules, and a form referred to by a
number means the form so numbered in the Appendix;
"moneylender’s action" has the meaning assigned to it by Order 79;
"officer" means an officer of the High Court;
"originating summons" means every summons other than a summons in a pending cause or
matter;
"pleading" does not include a petition, summons or preliminary act;
"probate action" has the meaning assigned to it by Order 72;
"receiver" includes a manager or consignee;
"Registry" means the Registry of the High Court;
"scheduled territories" has the meaning assigned to it by the Exchange Control Act 1953;
"sign" in relation to the signing of any document by the Registrar includes the affixing of a
facsimile signature;
[Ins. PU(A)342/2000]
"writ" means a writ of summons.
(2) In these rules, unless the context otherwise requires, "Court" means the High Court or
any one or more Judges thereof, whether sitting in Court or in Chambers, or the Registrar;
but the foregoing provision shall not be taken as affecting any provision of these rules and,
in particular, Order 32, rule 9, by virtue of which the authority and jurisdiction of the
Registrar is defined and regulated.
5. Construction of references to Orders, rules etc. (O. 1 r. 5)
(1) Unless the context otherwise requires, any reference in these rules to a specified Order,
rule or appendix is a reference to that Order or rule of, or that appendix to these rules and
any reference to a specified rule, paragraph or sub-paragraph is a reference to that rule of
the Order, that paragraph of the rule, or that sub-paragraph of the paragraph, in which the
reference occurs.
(2) Any reference in these rules to anything done under a rule of these rules includes a
reference to the same thing done before the commencement of that rule under any
corresponding rule of Court ceasing to have effect on the commencement of that rule.
(3) Except where the context otherwise requires, any reference in these rules to any written
law shall be construed as a reference to that written law as amended, extended or applied by
or under any other written law.
5A. Construction of references to Acts, Ordinances, Enactments, etc., to Sarawak and
sabah. (O. 1 r. 5A)
Where references are made under these rules to any provisions in the Acts, Ordinances or
Enactments or other written laws in force in Malaya there shall be substituted therefor
references to the corresponding Acts, Ordinances or Enactments or other written laws in
force in Sarawak or Sabah, as the case may be.
6. Construction of references to action, etc. for possession of immovable property. (O. 1 r. 6)
Except where the context otherwise requires, references in these rules to an action or claim
for the possession of immovable property shall be construed as including references to
proceedings against the Government for an order declaring that the plaintiff is entitled as
against the Government to the immovable property or to the possession thereof.
7. Forms. (O. 1 r. 7)
The forms in Appendix A shall be used where applicable with such variations as the
circumstances of the particular case require.
1A. Court or judge shall have regard to justice.
Order 1A.
1A. Court or judge shall have regard to justice.
In administering any of the rules herein the court or a judge shall have regard to the
justice of the particular case and not only to the technical non-compliance of any of
the rules herein.
Order 1
Citation, Application, Interpretation and Forms.
1. Citation and Commencement. (O. 1 r. 1)
These rules may be cited as the Rules of the High Court 1980, and shall come into force on
the 1st June 1980.
2. Application. (O. 1 r. 2)
(1) Subject to the following provisions of this rule, these rules shall have effect in relation
to all proceedings in the High Court, including any pending proceedings therein.
(2) These rules shall not have effect in relation to proceedings in respect of which rules
have been or may be made under any written law for the specific purpose of such
proceedings or in relation to any criminal proceedings.
(3) In the case of the proceedings for which rules have been made, nothing in paragraph (2)
shall be taken as affecting any provision of any rules (whether made under the Act or any
other written law) by virtue of which the Rules of the High Court 1980 or any provisions
thereof are applied in relation to any of those proceedings.
3. (There is no rule 3).
4. Definitions. (O. 1 r. 4)
(1) In these rules, unless the context otherwise requires, the following expressions have the
meanings hereby respectively assigned to them, namely–
"Act" means the Courts of Judicature Act 1964.
"cause book" means the book kept in the Registry in which the number of, and other details
relating to, a cause or matter are entered;
"folio" means 100 words, each figure being counted as one word;
"Form" means a form set out in Appendix A to these rules, and a form referred to by a
number means the form so numbered in the Appendix;
"moneylender’s action" has the meaning assigned to it by Order 79;
"officer" means an officer of the High Court;
"originating summons" means every summons other than a summons in a pending cause or
matter;
"pleading" does not include a petition, summons or preliminary act;
"probate action" has the meaning assigned to it by Order 72;
"receiver" includes a manager or consignee;
"Registry" means the Registry of the High Court;
"scheduled territories" has the meaning assigned to it by the Exchange Control Act 1953;
"sign" in relation to the signing of any document by the Registrar includes the affixing of a
facsimile signature;
[Ins. PU(A)342/2000]
"writ" means a writ of summons.
(2) In these rules, unless the context otherwise requires, "Court" means the High Court or
any one or more Judges thereof, whether sitting in Court or in Chambers, or the Registrar;
but the foregoing provision shall not be taken as affecting any provision of these rules and,
in particular, Order 32, rule 9, by virtue of which the authority and jurisdiction of the
Registrar is defined and regulated.
5. Construction of references to Orders, rules etc. (O. 1 r. 5)
(1) Unless the context otherwise requires, any reference in these rules to a specified Order,
rule or appendix is a reference to that Order or rule of, or that appendix to these rules and
any reference to a specified rule, paragraph or sub-paragraph is a reference to that rule of
the Order, that paragraph of the rule, or that sub-paragraph of the paragraph, in which the
reference occurs.
(2) Any reference in these rules to anything done under a rule of these rules includes a
reference to the same thing done before the commencement of that rule under any
corresponding rule of Court ceasing to have effect on the commencement of that rule.
(3) Except where the context otherwise requires, any reference in these rules to any written
law shall be construed as a reference to that written law as amended, extended or applied by
or under any other written law.
5A. Construction of references to Acts, Ordinances, Enactments, etc., to Sarawak and
sabah. (O. 1 r. 5A)
Where references are made under these rules to any provisions in the Acts, Ordinances or
Enactments or other written laws in force in Malaya there shall be substituted therefor
references to the corresponding Acts, Ordinances or Enactments or other written laws in
force in Sarawak or Sabah, as the case may be.
6. Construction of references to action, etc. for possession of immovable property. (O. 1 r. 6)
Except where the context otherwise requires, references in these rules to an action or claim
for the possession of immovable property shall be construed as including references to
proceedings against the Government for an order declaring that the plaintiff is entitled as
against the Government to the immovable property or to the possession thereof.
7. Forms. (O. 1 r. 7)
The forms in Appendix A shall be used where applicable with such variations as the
circumstances of the particular case require.
1A. Court or judge shall have regard to justice.
Order 1A.
1A. Court or judge shall have regard to justice.
In administering any of the rules herein the court or a judge shall have regard to the
justice of the particular case and not only to the technical non-compliance of any of
the rules herein.
ORDER 2 - EFFECT OF NON-COMPLIANCE
ORDER 2
EFFECT OF NON-COMPLIANCE
1 Non-compliance with rules (O. 2, r. 1)
(1) Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.
(2) Subject to paragraph (3), the Court may, on the ground that there has been such a failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein or exercise its powers under these rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.
(3) The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings were required by any of these rules to be begun by an originating process other than the one employed.
2 Application to set aside for irregularity (O. 2, r. 2)
(1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
(2) An application under this rule may be made by summons or motion and the grounds of objection must be stated in the summons or notice of motion.
3. Preliminary objection for non-compliance of rules not allowed(O 2,r 3)
A court or judge shall not allow any preliminary objection by any party to any cause or matter or proceedings only on the ground of non-compliance of any of these Rules unless the court or judge is of the opinion that such non-compliance has occasioned a substantial miscarriage of justice.
ORDER 3
TIME
1 "Month" means calendar month (O. 3, r. 1)
Without prejudice to the Interpretation 1967, in its application to these rules, the word "month", where it occurs in any judgment order, direction or other document forming part of any proceedings in the High Court, means a calendar month unless the context requires.
2 Reckoning periods of time (O. 3, r. 2)
(1) Any period of time fixed by these rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.
(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include the day before the weekly holiday, the weekly holiday or public holiday, that day shall be excluded.
3 Court Vacation excluded from time for service, etc., of pleadings (O. 3, r. 3)
Unless the Court otherwise directs, the period of the Court Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading.
4 Time expires on weekly holiday, etc. (O. 3, r. 4)
Where the time prescribed by these rules, or by any judgment, order or direction, for doing any act at the Registry expires on a weekly holiday or other day on which the Registry is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which the Registry is open.
5 Extension, etc., of time (O. 3, r. 5)
(1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorized by these rules or by any judgment, order or direction, to do any act in any proceedings.
(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.
(3) The period within which a person is required by these rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.
(4) In this rule references to the Court shall be construed as including references to the Supreme Court.
6 Notice of intention to proceed after year's delay (O. 3, r. 6)
Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed.
A summons on which no order was made is not a proceeding for the purpose of this rule.
EFFECT OF NON-COMPLIANCE
1 Non-compliance with rules (O. 2, r. 1)
(1) Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of any thing done or left undone, been a failure to comply with the requirements of these rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.
(2) Subject to paragraph (3), the Court may, on the ground that there has been such a failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein or exercise its powers under these rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.
(3) The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings were required by any of these rules to be begun by an originating process other than the one employed.
2 Application to set aside for irregularity (O. 2, r. 2)
(1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
(2) An application under this rule may be made by summons or motion and the grounds of objection must be stated in the summons or notice of motion.
3. Preliminary objection for non-compliance of rules not allowed(O 2,r 3)
A court or judge shall not allow any preliminary objection by any party to any cause or matter or proceedings only on the ground of non-compliance of any of these Rules unless the court or judge is of the opinion that such non-compliance has occasioned a substantial miscarriage of justice.
ORDER 3
TIME
1 "Month" means calendar month (O. 3, r. 1)
Without prejudice to the Interpretation 1967, in its application to these rules, the word "month", where it occurs in any judgment order, direction or other document forming part of any proceedings in the High Court, means a calendar month unless the context requires.
2 Reckoning periods of time (O. 3, r. 2)
(1) Any period of time fixed by these rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.
(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include the day before the weekly holiday, the weekly holiday or public holiday, that day shall be excluded.
3 Court Vacation excluded from time for service, etc., of pleadings (O. 3, r. 3)
Unless the Court otherwise directs, the period of the Court Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading.
4 Time expires on weekly holiday, etc. (O. 3, r. 4)
Where the time prescribed by these rules, or by any judgment, order or direction, for doing any act at the Registry expires on a weekly holiday or other day on which the Registry is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which the Registry is open.
5 Extension, etc., of time (O. 3, r. 5)
(1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorized by these rules or by any judgment, order or direction, to do any act in any proceedings.
(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.
(3) The period within which a person is required by these rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.
(4) In this rule references to the Court shall be construed as including references to the Supreme Court.
6 Notice of intention to proceed after year's delay (O. 3, r. 6)
Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed.
A summons on which no order was made is not a proceeding for the purpose of this rule.
ORDER 3 - TIME
ORDER 3
TIME
1 "Month" means calendar month (O. 3, r. 1)
Without prejudice to the Interpretation 1967, in its application to these rules, the word "month", where it occurs in any judgment order, direction or other document forming part of any proceedings in the High Court, means a calendar month unless the context requires.
2 Reckoning periods of time (O. 3, r. 2)
(1) Any period of time fixed by these rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.
(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include the day before the weekly holiday, the weekly holiday or public holiday, that day shall be excluded.
3 Court Vacation excluded from time for service, etc., of pleadings (O. 3, r. 3)
Unless the Court otherwise directs, the period of the Court Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading.
4 Time expires on weekly holiday, etc. (O. 3, r. 4)
Where the time prescribed by these rules, or by any judgment, order or direction, for doing any act at the Registry expires on a weekly holiday or other day on which the Registry is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which the Registry is open.
5 Extension, etc., of time (O. 3, r. 5)
(1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorized by these rules or by any judgment, order or direction, to do any act in any proceedings.
(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.
(3) The period within which a person is required by these rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.
(4) In this rule references to the Court shall be construed as including references to the Supreme Court.
6 Notice of intention to proceed after year's delay (O. 3, r. 6)
Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed.
A summons on which no order was made is not a proceeding for the purpose of this rule.
TIME
1 "Month" means calendar month (O. 3, r. 1)
Without prejudice to the Interpretation 1967, in its application to these rules, the word "month", where it occurs in any judgment order, direction or other document forming part of any proceedings in the High Court, means a calendar month unless the context requires.
2 Reckoning periods of time (O. 3, r. 2)
(1) Any period of time fixed by these rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with the following provisions of this rule.
(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include the day before the weekly holiday, the weekly holiday or public holiday, that day shall be excluded.
3 Court Vacation excluded from time for service, etc., of pleadings (O. 3, r. 3)
Unless the Court otherwise directs, the period of the Court Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading.
4 Time expires on weekly holiday, etc. (O. 3, r. 4)
Where the time prescribed by these rules, or by any judgment, order or direction, for doing any act at the Registry expires on a weekly holiday or other day on which the Registry is closed, and by reason thereof that act cannot be done on that day, the act shall be in time if done on the next day on which the Registry is open.
5 Extension, etc., of time (O. 3, r. 5)
(1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorized by these rules or by any judgment, order or direction, to do any act in any proceedings.
(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.
(3) The period within which a person is required by these rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.
(4) In this rule references to the Court shall be construed as including references to the Supreme Court.
6 Notice of intention to proceed after year's delay (O. 3, r. 6)
Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed must give to every other party not less than one month's notice of his intention to proceed.
A summons on which no order was made is not a proceeding for the purpose of this rule.
ORDER 4 - CONSOLIDATION OF PROCEEDINGS
ORDER 4
CONSOLIDATION OF PROCEEDINGS
1 Consolidation, etc., of causes or matters (O. 4, r. 1)
(1) Where two or more causes or matters are pending, then, if it appears to the Court -
(a) that some common question of law or fact arises in both or all of them; or
(b) that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions; or
(c) that for some other reason it is desirable to make an order under this rule,
the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time or one immediately after another or may order any of them to be stayed until after the determination of any other of them.
(2) An order for consolidation must be in Form I and shall direct that the cause or matter in which the application is made shall thence forward be carried on in such other cause or matter and that the title of such other cause or matter be amended by adding thereto the title of the cause or matter in which the application is made.
(3) Upon such order being made, the file of the cause or matter in which the application is made shall be transferred to and added to the file of such other cause or matter, and the copy of the order shall be left in place of the file so transferred, and a memorandum of the transfer shall be entered in the cause book against the cause or matter so consolidated.
CONSOLIDATION OF PROCEEDINGS
1 Consolidation, etc., of causes or matters (O. 4, r. 1)
(1) Where two or more causes or matters are pending, then, if it appears to the Court -
(a) that some common question of law or fact arises in both or all of them; or
(b) that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions; or
(c) that for some other reason it is desirable to make an order under this rule,
the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time or one immediately after another or may order any of them to be stayed until after the determination of any other of them.
(2) An order for consolidation must be in Form I and shall direct that the cause or matter in which the application is made shall thence forward be carried on in such other cause or matter and that the title of such other cause or matter be amended by adding thereto the title of the cause or matter in which the application is made.
(3) Upon such order being made, the file of the cause or matter in which the application is made shall be transferred to and added to the file of such other cause or matter, and the copy of the order shall be left in place of the file so transferred, and a memorandum of the transfer shall be entered in the cause book against the cause or matter so consolidated.
5. Mode of Beginning Civil Proceedings in High Court.
5. Mode of Beginning Civil Proceedings in High Court.
order 5. Mode of Beginning Civil Proceedings in High Court 1.Mode of beginning civil proceedings. (O. 5 r. 1) Subject to the provisions of any written law and of these rules, civil proceedings in the High Court may be begun by writ, originating summons, originating motion or petition. 2.Proceedings which must be begun by writ. (O. 5 r. 2) Subject to any provision of any written law or of these rules, by virtue of which any proceedings are expressly required to be begun otherwise than by writ, the following proceedings must, notwithstanding anything in rule 4, be begun by writ, that is to say, proceedings– (a)in which a claim is made by the plaintiff for any relief or remedy for any tort, other than trespass to land; (b)in which a claim made by the plaintiff is based on an allegation of fraud; (c)in which a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under any written law or independently of any such provision), where the damages claimed consist of or include damages in respect of death of any person or in respect of personal injuries to any person or in respect of damage to any property; (d)in which a claim is made by the plaintiff for damages for breach of promise of marriage; (e)in which a claim is made by the plaintiff in respect of the infringement of a patent. In this rule "personal injuries" includes any disease and any impairment of a person’s physical or mental condition. 3.Proceedings which must be begun by originating summons. (O. 5 r. 3) Proceedings by which an application is to be made to the High Court or a Judge thereof under any written law must be begun by originating summons except where by these rules or by or under any written law the application in question is expressly required or authorised to be made by some other means. This rule does not apply to an application made in pending proceedings. 4.Proceedings which may be begun by writ or originating summons. (O. 5 r. 4) (1)Except in the case of proceedings which by these rules or by or under any written law are required to be begun by writ or originating summons or are required or authorized to be begun by originating motion or petition, proceedings may be begun either by writ or by originating summons as the plaintiff considers appropriate. (2)Proceedings– (a)in which the sole or principal question at issue is or is likely to be, one of the construction of any written law or of any instrument made under any written law, or of any deed, will, contract or other document, or some other question of law; or (b)in which there is unlikely to be any substantial dispute of fact, are appropriate to be begun by originating summons unless the plaintiff intends in those proceedings to apply for judgment under Order 14 or Order 81 or for any other reason consider the proceedings more appropriate to be begun by writ. 5.Proceedings to be begun by motion or petition. (O. 5 r. 5) Proceedings may be begun by originating motion or petition if, but only if, by these rules or by or under any written law the proceedings in question are required or authorised to be so begun. 6.Right to sue in person. (O. 5 r. 6) (1)Subject to paragraph (2) and to Order 76, rule 2, any person (whether or not he sues as a trustee or personal representative or in any other representative capacity) may begin and carry on proceedings in the High Court by a solicitor or in person. (2)Except as expressly provided by or under any written law, a body corporate may not begin or carry on any such proceedings otherwise than by a solicitor.
order 5. Mode of Beginning Civil Proceedings in High Court 1.Mode of beginning civil proceedings. (O. 5 r. 1) Subject to the provisions of any written law and of these rules, civil proceedings in the High Court may be begun by writ, originating summons, originating motion or petition. 2.Proceedings which must be begun by writ. (O. 5 r. 2) Subject to any provision of any written law or of these rules, by virtue of which any proceedings are expressly required to be begun otherwise than by writ, the following proceedings must, notwithstanding anything in rule 4, be begun by writ, that is to say, proceedings– (a)in which a claim is made by the plaintiff for any relief or remedy for any tort, other than trespass to land; (b)in which a claim made by the plaintiff is based on an allegation of fraud; (c)in which a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under any written law or independently of any such provision), where the damages claimed consist of or include damages in respect of death of any person or in respect of personal injuries to any person or in respect of damage to any property; (d)in which a claim is made by the plaintiff for damages for breach of promise of marriage; (e)in which a claim is made by the plaintiff in respect of the infringement of a patent. In this rule "personal injuries" includes any disease and any impairment of a person’s physical or mental condition. 3.Proceedings which must be begun by originating summons. (O. 5 r. 3) Proceedings by which an application is to be made to the High Court or a Judge thereof under any written law must be begun by originating summons except where by these rules or by or under any written law the application in question is expressly required or authorised to be made by some other means. This rule does not apply to an application made in pending proceedings. 4.Proceedings which may be begun by writ or originating summons. (O. 5 r. 4) (1)Except in the case of proceedings which by these rules or by or under any written law are required to be begun by writ or originating summons or are required or authorized to be begun by originating motion or petition, proceedings may be begun either by writ or by originating summons as the plaintiff considers appropriate. (2)Proceedings– (a)in which the sole or principal question at issue is or is likely to be, one of the construction of any written law or of any instrument made under any written law, or of any deed, will, contract or other document, or some other question of law; or (b)in which there is unlikely to be any substantial dispute of fact, are appropriate to be begun by originating summons unless the plaintiff intends in those proceedings to apply for judgment under Order 14 or Order 81 or for any other reason consider the proceedings more appropriate to be begun by writ. 5.Proceedings to be begun by motion or petition. (O. 5 r. 5) Proceedings may be begun by originating motion or petition if, but only if, by these rules or by or under any written law the proceedings in question are required or authorised to be so begun. 6.Right to sue in person. (O. 5 r. 6) (1)Subject to paragraph (2) and to Order 76, rule 2, any person (whether or not he sues as a trustee or personal representative or in any other representative capacity) may begin and carry on proceedings in the High Court by a solicitor or in person. (2)Except as expressly provided by or under any written law, a body corporate may not begin or carry on any such proceedings otherwise than by a solicitor.
6. Writs of Summons: General Provisions.
6. Writs of Summons: General Provisions.
order 6. Writs of Summons: General Provisions 1.Form of writ. (O. 6 r. 1) Every writ must be in Form 2 or 3, whichever is appropriate. 2.Indorsement of claim.
(O. 6 r. 2) (1)Before a writ is issued it must be indorsed–
(a)with a statement of claim or, if the statement of claim is not indorsed on the writ, with a concise statement of the nature of the claim made or the relief or remedy required in the action begun thereby;
(b)where the claim made by the plaintiff is for a debt or liquidated demand only, with a statement of the amount claimed in respect of the debt or demand and for costs and also with a statement that further proceedings will be stayed if, within the time limited for appearing, the defendant– (i)except in either of the cases mentioned in paragraph (2) pays the amount so claimed to the plaintiff or his solicitor; (ii)in either of the said cases, pays that amount into Court.
(2)The cases referred to in paragraph (1)(b) are– (a) a case where the plaintiff (or, if there are more plaintiffs than one, any of them) is resident outside the scheduled territories or is acting by order or on behalf of a person so resident; (b) a case where the defendant is making the payment by order or on behalf of a person so resident.
(3)A defendant who pays money into Court under this rule must give notice in Form 4 to the plaintiff or his solicitor. 3.Indorsement as to capacity. (O. 6 r. 3) (1)
Before a writ is issued it must be indorsed– (a) where the plaintiff sues in representative capacity, with a statement of the capacity in which he sues; (b)where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued.
(2)Before a writ is issued in an action brought by a plaintiff who in bringing it is acting by order or on behalf of a person resident outside the scheduled territories it must be indorsed with a statement of that fact and with the address of the person so resident.
4.Indorsement as to solicitor and address.
(O. 6 r. 4) (1) Before a writ is issued it must be indorsed–
(a)where the plaintiff sues by a solicitor, with the plaintiff’s address and the solicitor’s name or firm and a business address of his within the jurisdiction;
(b)where the plaintiff sues in person, with– (i)the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent; and (ii)his occupation.
(2)The address for service of a plaintiff shall be–
(a)where he sues by a solicitor, the business address of the solicitor indorsed on the writ;
(b)where he sues in person, the address within the jurisdiction indorsed on the writ.
(3)Where a solicitor’s name is indorsed on a writ, he must, if any defendant who has been served with or who has entered an appearance to the writ requests him in writing so to do, declare in writing whether the writ was issued by him or with his authority or privity.
(4)If a solicitor whose name is indorsed on a writ declares in writing that the writ was not issued by him or with his authority or privity, the Court may on the application of any defendant who has been served with or who has entered an appearance to the writ, stay all proceedings in the action begun by the writ.
5.Concurrent writ. (O. 6 r. 5)
(1)One or more concurrent writs may, at the request of the plaintiff, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid.
(2)Without prejudice to the generality of paragraph, (1), a writ for service within the jurisdiction may be issued as a concurrent writ with one, notice of which is to be served out of the jurisdiction and a writ notice of which is to be served out of the jurisdiction may be issued as a concurrent writ with one for service within the jurisdiction.
(3)A concurrent writ is a true copy of the original writ with such differences only (if any) as are necessary having regard to the purpose for which the writ is issued.
(4)A concurrent writ must be marked by the Registrar with the word "Concurrent" and he shall sign and date the day of issue of the concurrent writ.
6.Issue of writ.
(O. 6 r. 6) (1)No writ notice of which is to be served out of the jurisdiction shall be issued without the leave of the Court.
(2)A plaintiff or his solicitor must, on presenting a writ for sealing, leave with the Registrar the original and a copy together with as many copies thereof as there are defendants to be served.
(3)The Registrar shall assign a serial number to the writ and shall sign, seal and date the writ whereupon the writ shall be deemed to be issued.
(4)The original writ must be filed in the Registry and an entry thereof made in the cause book.
7.Duration and renewal of writ.
(O. 6 r. 7) (1)For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for 12 6 [PU 342/2000 w.e. f.22 Sept 2000] months, beginning with the date of its issue and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ.
(2)Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding 12 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow. Subject to paragraph
(2A) , where efforts to serve a writ on a defendant have been unsuccessful, the Court may by order extend the validity of the writ twice (in Sabah and Sarawak thrice and in admiralty actions 5 times) , not exceeding 6 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order. [Subs. PU(A)342/2000 w.e.f. 22 Sept 2000] (2A) An application for renewal must be made before the expiry of the writ, ex parte by summons, supported by affidavit showing that efforts have been made to serve the defendant within one month of the date of the issue of the writ and that efforts have been made subsequent thereto to effect service. [Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
(3)Before a writ, the validity of which has been extended under this rule, is served, it must be marked with an official stamp in Form 5 showing the period for which the validity of the writ has been so extended.
(4)Where the validity of a writ is extended by order made under this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served so as to extend the validity of that other writ until the expiration of the period specified in the order.
(5)A note of the renewal must be entered in the cause book.
order 6. Writs of Summons: General Provisions 1.Form of writ. (O. 6 r. 1) Every writ must be in Form 2 or 3, whichever is appropriate. 2.Indorsement of claim.
(O. 6 r. 2) (1)Before a writ is issued it must be indorsed–
(a)with a statement of claim or, if the statement of claim is not indorsed on the writ, with a concise statement of the nature of the claim made or the relief or remedy required in the action begun thereby;
(b)where the claim made by the plaintiff is for a debt or liquidated demand only, with a statement of the amount claimed in respect of the debt or demand and for costs and also with a statement that further proceedings will be stayed if, within the time limited for appearing, the defendant– (i)except in either of the cases mentioned in paragraph (2) pays the amount so claimed to the plaintiff or his solicitor; (ii)in either of the said cases, pays that amount into Court.
(2)The cases referred to in paragraph (1)(b) are– (a) a case where the plaintiff (or, if there are more plaintiffs than one, any of them) is resident outside the scheduled territories or is acting by order or on behalf of a person so resident; (b) a case where the defendant is making the payment by order or on behalf of a person so resident.
(3)A defendant who pays money into Court under this rule must give notice in Form 4 to the plaintiff or his solicitor. 3.Indorsement as to capacity. (O. 6 r. 3) (1)
Before a writ is issued it must be indorsed– (a) where the plaintiff sues in representative capacity, with a statement of the capacity in which he sues; (b)where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued.
(2)Before a writ is issued in an action brought by a plaintiff who in bringing it is acting by order or on behalf of a person resident outside the scheduled territories it must be indorsed with a statement of that fact and with the address of the person so resident.
4.Indorsement as to solicitor and address.
(O. 6 r. 4) (1) Before a writ is issued it must be indorsed–
(a)where the plaintiff sues by a solicitor, with the plaintiff’s address and the solicitor’s name or firm and a business address of his within the jurisdiction;
(b)where the plaintiff sues in person, with– (i)the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent; and (ii)his occupation.
(2)The address for service of a plaintiff shall be–
(a)where he sues by a solicitor, the business address of the solicitor indorsed on the writ;
(b)where he sues in person, the address within the jurisdiction indorsed on the writ.
(3)Where a solicitor’s name is indorsed on a writ, he must, if any defendant who has been served with or who has entered an appearance to the writ requests him in writing so to do, declare in writing whether the writ was issued by him or with his authority or privity.
(4)If a solicitor whose name is indorsed on a writ declares in writing that the writ was not issued by him or with his authority or privity, the Court may on the application of any defendant who has been served with or who has entered an appearance to the writ, stay all proceedings in the action begun by the writ.
5.Concurrent writ. (O. 6 r. 5)
(1)One or more concurrent writs may, at the request of the plaintiff, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid.
(2)Without prejudice to the generality of paragraph, (1), a writ for service within the jurisdiction may be issued as a concurrent writ with one, notice of which is to be served out of the jurisdiction and a writ notice of which is to be served out of the jurisdiction may be issued as a concurrent writ with one for service within the jurisdiction.
(3)A concurrent writ is a true copy of the original writ with such differences only (if any) as are necessary having regard to the purpose for which the writ is issued.
(4)A concurrent writ must be marked by the Registrar with the word "Concurrent" and he shall sign and date the day of issue of the concurrent writ.
6.Issue of writ.
(O. 6 r. 6) (1)No writ notice of which is to be served out of the jurisdiction shall be issued without the leave of the Court.
(2)A plaintiff or his solicitor must, on presenting a writ for sealing, leave with the Registrar the original and a copy together with as many copies thereof as there are defendants to be served.
(3)The Registrar shall assign a serial number to the writ and shall sign, seal and date the writ whereupon the writ shall be deemed to be issued.
(4)The original writ must be filed in the Registry and an entry thereof made in the cause book.
7.Duration and renewal of writ.
(O. 6 r. 7) (1)For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for 12 6 [PU 342/2000 w.e. f.22 Sept 2000] months, beginning with the date of its issue and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ.
(2)Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding 12 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow. Subject to paragraph
(2A) , where efforts to serve a writ on a defendant have been unsuccessful, the Court may by order extend the validity of the writ twice (in Sabah and Sarawak thrice and in admiralty actions 5 times) , not exceeding 6 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order. [Subs. PU(A)342/2000 w.e.f. 22 Sept 2000] (2A) An application for renewal must be made before the expiry of the writ, ex parte by summons, supported by affidavit showing that efforts have been made to serve the defendant within one month of the date of the issue of the writ and that efforts have been made subsequent thereto to effect service. [Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
(3)Before a writ, the validity of which has been extended under this rule, is served, it must be marked with an official stamp in Form 5 showing the period for which the validity of the writ has been so extended.
(4)Where the validity of a writ is extended by order made under this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served so as to extend the validity of that other writ until the expiration of the period specified in the order.
(5)A note of the renewal must be entered in the cause book.
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