Marsden Law Book

The Rules of Court 2012 came into effect on 1 August 2012, replacing the 1980 Rules of the High Court and the 1980 Subordinate Courts Rules. The COVID-19 pandemic in 2020 significantly impacted various industries, including the legal profession, leading to amendments in the rules to address case backlogs and integrate technology as a permanent feature of Malaysia’s justice system.

Key updates included provisions for proceedings conducted via remote communication technology, electronic filing of court documents, and restrictions on trial adjournments. Further amendments were introduced through the Rules of Court (Amendment) 2023 [PU(A) 229/2023], which took effect on 1 August 2023. These changes aim to streamline procedures and reduce administrative burdens in legal proceedings. Notably, the computation of time for service was revised from being “inclusive of the day of such service” to “excluding the day of such service”.

This adjustment impacts the deadlines for defendants to enter an appearance or for plaintiffs to obtain a judgment in default, ensuring greater consistency and clarity in procedural timelines by aligning them with standard legal principles. These rules are an essential reference for legal practitioners and advocates, providing convenience and ease of access.