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Rules of the Court of Appeal 1994 Malaysia PDF: A Summary



Rules of the Court of Appeal 1994 Malaysia PDF: A Summary




The Rules of the Court of Appeal 1994 Malaysia (P.U.(A) 524/1994) are a set of subsidiary legislations that govern the procedure and practice of civil appeals in the Court of Appeal of Malaysia. They were made by the Chief Justice, President of the Court of Appeal and Chief Judge (Malaya) under section 17 of the Courts of Judicature Act 1964 and came into force on 1 January 1995.


The Rules consist of nine chapters and 83 rules, covering various aspects such as preliminary and general matters, notice and memorandum of appeal, applications to the Court of Appeal, address for service and service, paupers, change of parties by death or otherwise, evidence and affidavits, motions and other applications, and costs.


rulesofthecourtofappeal1994malaysiapdf20



Some of the salient features of the Rules are:


  • Appeals to the Court of Appeal are by way of re-hearing on notice (rule 5).



  • The time limit for filing a notice of appeal is one month from the date of decision appealed against or such extended time as may be granted by the Court or a Judge (rule 12).



  • The appellant must file a memorandum of appeal within six weeks from the date of filing the notice of appeal or such extended time as may be granted by the Court or a Judge (rule 18).



  • The Court may direct service of notice on any person who is not a party to the appeal but who may be affected by its decision (rule 20).



  • The Court may amend any defect or error in any proceedings before it or make such order as may be necessary to prevent injustice (rule 21).



  • The Court may admit further evidence or order it to be taken on affidavit or orally before it or before any person appointed by it (rule 7).



  • The Court may draw any inference of fact which might have been drawn in the proceedings from which the appeal is brought (rule 7).



  • The Court may grant a stay of proceedings on appeal on such terms as it thinks fit (rule 13).



  • The Court may grant leave to appeal where it is required by law or where it is satisfied that there are special circumstances which justify such leave (rule 16).



  • The Court may review its own order made in an appeal upon an application made within one month from the date thereof or such extended time as may be granted by it (rule 28B).



The Rules also provide for appeals by poor persons (rules 26-39), change of parties by death or otherwise (rules 40-45), evidence and affidavits (rules 46-47), motions and other applications (rules 48-52), and costs (rules 53-83).


The Rules are available online in PDF format at [^1^] [^2^] [^3^].


The Rules of the Court of Appeal 1994 Malaysia are intended to facilitate the expeditious and efficient disposal of civil appeals in the Court of Appeal. They reflect the principle that an appeal is not a rehearing or a retrial of the case, but a review of the decision of the lower court based on the record of proceedings and the grounds of judgment. The Court of Appeal has the power to affirm, reverse or vary the decision appealed against, or to order a new trial or further hearing, or to make any other order as it thinks fit.


The Rules also aim to promote consistency and uniformity in the practice and procedure of civil appeals in the Court of Appeal. They apply to all civil appeals from the High Court or any other court or tribunal as provided by law, unless otherwise expressly provided by any written law. They also apply to any matter incidental to or arising out of any appeal, such as applications for leave to appeal, stay of proceedings, extension of time, amendment of notice or memorandum of appeal, admission of further evidence, review of order, etc.


The Rules are supplemented by various practice directions and circulars issued by the Chief Justice from time to time. These provide further guidance and clarification on specific aspects or issues relating to civil appeals in the Court of Appeal. For example, Practice Direction No. 1/2010 sets out the procedure for filing electronic records of appeal and electronic bundles of authorities; Practice Direction No. 2/2010 prescribes the format and content of written submissions; and Circular No. 1/2018 stipulates the requirements for filing hard copies of records of appeal and bundles of authorities. 0efd9a6b88


https://www.fwcus.org/group/world-citizens-group/discussion/0063df92-6893-4b7e-bf00-a1c70a41f47e

https://www.hemmin.org/group/hem-men-generators/discussion/c164db77-2737-4233-8646-ab6a59c8ac07

https://www.singlemomstravel.club/group/universal-studios/discussion/421e0150-d30c-44f5-9498-f5251c837149

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