Author: Robert Lazar
Published: Oct 2022
ISBN: 9789672723707
Format: DUO (Hardcover + e-Book)
Country: Malaysia

Authors: Datuk Dr. Prasad Abraham
Publisher: LexisNexis

• Updated cases, citation, and commentaries throughout the divisions.
• Incorporation of the latest amendments to the Rule of the Federal Court 1995 [PU (A) 25/2018], the Rules of the Court of Appeal 1994 [PU (A) 26/2018]; and
• Replacement of the Commissioners for Oaths Rules 1993 to the Commissioners for Oaths Rules 2018

Civil proceedings in Malaysia are adversarial in nature with an impartial judge or panel of judges discharging the unenviable task of attempting to determine the truth in making an order or passing judgment. In prosecuting or resisting a claim, it is the role and obligation of parties to discharge their respective legal and evidential burden of proof by presenting or disputing the facts and evidence. To ensure the fair and efficient functioning of this system, compulsory disclosure plays a crucial part.

This book sets out the applicable law and procedure relating to disclosure in Malaysia, providing a comprehensive but succinct reference on this important area of civil litigation. It clearly states the law derived from the relevant legislation, case law and the practice of the court.

Its thorough coverage discusses the law pre-action, the legal principles and procedure during action as well as discovery post-judgment. Separate chapters are devoted to important matters like third party discovery, objections to disclosure and inspection, interrogatories, further and better particulars and witnesses. The specific consideration of discovery in companies, partnerships, agency and arbitration further adds depth to the coverage of this book.

Civil litigators, judges and judicial officers will find this book invaluable for its illuminating treatment of this key aspect of litigation in Malaysia.

Key Features

• Clear and detailed commentary on substantive law, practice and procedure, all concisely, plainly and clearly written.
• First point of reference on the topic. Useful for practitioners on the go, as well as academics.
• Topics are organised systematically and chronologically based on the ordinary course of legal proceedings.
• Discusses the nuances of the usual tools of disclosure and explores those less commonly utilised.
• Instructive practical recommendations and court forms & precedents by authors who are experienced advocates and solicitors of the High Court of Malaya.

Table of Contents

1. Introduction
2. Pre-Action Discovery
3. Discovery and Inspection of Documents I: Legal Principles
4. Discovery and Inspection of Documents II: The Procedure
5. Third Party Discovery
6. Objections to Disclosure and Inspection
7. Interrogatories
8. Further and Better Particulars
9. Witnesses
10. Discovery Post-Judgment
11. Real Evidence
12. Discovery in Companies
13. Discovery in Partnerships
14. Discovery and Agency
15. Discovery in Arbitration