Civil Procedure offers a comprehensive and authoritative guide to Malaysian civil litigation under the Rules of Court 2012 (ROC 2012). Across 34 chapters, it traces the development of civil procedure and examines the entire litigation process. This spans from jurisdiction, commencement of proceedings, pleadings and service, through to trial, judgment, enforcement, appeals and judicial review.
The book details key pre-trial procedures, such as discovery, interrogatories, interim injunctions, offers of settlement, security for costs and court-annexed mediation. It also addresses summary judgment, costs and the growing adoption of electronic service, remote hearings and virtual proceedings, including the operation of Order 33A of the ROC 2012.
Combining clarity, practical insight and authoritative analysis, this book integrates the principal procedural rules, legal principles and judicial developments pertinent to civil litigation in Malaysia. It is an essential reference for legal practitioners, members of the judiciary, academics and students.
KEY FEATURES:
- Comprehensive coverage of Malaysian civil procedure across 34 chapters, from commencement to conclusion of action.
- Detailed coverage of every important aspect of the civil litigation process.
- Focused treatment of case law which interprets the application of court rules.
- Practical guidance drawn from the extensive combined experience of the authors.
- Clear explanation of the workings of court rules to facilitate easy understanding.
- Detailed analyses of complex procedural rules.
- Informative review of technological reforms and digital developments in court processes.
- Essential reference for practitioners, judges, academics and students.
| Chapters | Contents |
|---|---|
| 1 | Civil Procedure: An Overview |
| 2 | Courts: Civil Jurisdiction |
| 3 | Statutory Limitation Period |
| 4 | Causes of Action |
| 5 | Counterclaims |
| 6 | Parties to Suit |
| 7 | Third Party and Interpleader |
| 8 | Modes of Originating Process |
| 9 | Pleadings |
| 10 | Affidavits |
| 11 | Service of Process |
| 12 | Appearance and Default Judgment |
| 13 | Withdrawal and Discontinuance |
| 14 | Pre-trial Case Management and Want of Prosecution |
| 15 | Discovery and Inspection of Documents |
| 16 | Interrogatories |
| 17 | Interim Injunction |
| 18 | Summary Judgment |
| 19 | Interim Payment Order |
| 20 | Offer to Settle |
| 21 | Security of Costs |
| 22 | Court-annexed Mediation |
| 23 | Mode of Trial |
| 24 | Technology in Court Proceedings |
| 25 | Evidence in Civil Proceedings |
| 26 | Judgment or Order and Functus Officio |
| 27 | Consent Judgment |
| 28 | Costs |
| 29 | Judgment: Stay of Execution |
| 30 | Appeal |
| 31 | Judicial Review |
| 32 | Judgment: Execution |
| 33 | Reciprocal Enforcement of Foreign Judgments |
| 34 | Summary Proceedings for Possession of Land |
