Malaysia legislation

Section 16

of *COURTS OF JUDICATURE ACT 1964

Section 16

Rules of court may be made for the following purposes:

(a)

for regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the

High Court, the Court of Appeal and the Federal Court in all causes and matters whatsoever in or with respect to which those Courts have for the time being jurisdiction

(including the procedure and practice to be followed in the registries of those Courts), and any matters incidental to or relating to any such procedure or practice, including (but without prejudice to the generality of the foregoing provision) the manner in which, and the time within which, any applications which are to be made to a High Court, to the Court of Appeal or to the Federal Court shall be made;

(aa) for regulating and prescribing the procedure and the practice to be followed in the High Court, the Court of

Appeal and the Federal Court in all causes and matters whatsoever in or with respect to the hearing of any matter

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or proceeding through a remote communication technology;

(b)

for regulating and prescribing the procedure on civil or criminal appeals from any court or person to a High Court, the Court of Appeal or the Federal Court;

(c)

(Deleted by Act A606);

(d)

for regulating the enforcement and execution by a

High Court of the decrees, judgments and orders of the

Federal Court, of the Court of Appeal or of the other

High Court;

(e)

for prescribing what part of the business which may be transacted and of the jurisdiction which may be exercised by Judges in court or in chambers may be transacted or exercised by Registrars;

(f)

for prescribing the fees and percentages to be taken in any

Court and for regulating any matters relating to the costs of proceedings in any Court;

(g)

for regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings or on any application in connection with or at any stage of any proceedings;

(h)

for regulating the joinder of parties and for prescribing in what cases persons absent, but having an interest in a cause or matter, shall be bound by any order made therein, and in what cases orders may be made for the representation of absent persons by one or more parties to a cause or matter;

(i)

for regulating the rate of interest payable on all debts, including judgment debts, or on the sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the

Court:

Courts of Judicature 21

Provided that in no case shall any rate of interest exceed eight per centum per annum, unless it has been otherwise agreed between parties;

(j)

for regulating the modes in which a writ of seizure and sale may be executed, and the manner in which seizure may be made of any property seizable thereunder, and the mode of sale by the Sheriff or any other officer of the Court of any property so seized, and the manner in which the right and title of purchasers of that property at any sale by any officer of the Court may be secured to the purchasers;

(k)

for regulating the discovery of a judgment debtor’s property in aid of the execution of any judgment;

(l)

for regulating the taking of evidence before an examiner or on commission or by letters of request, and for prescribing the circumstances in which evidence so taken may be read on the trial of an action;

(m)

for prescribing in what cases the Court may act upon the certificate of accountants, actuaries or other scientific persons;

(n)

for prescribing the duties of the Accountant General in respect of funds or property in the custody of the Court, and in particular for prescribing the mode of transfer of securities into the name of the Accountant General, and the method of investment of any such funds, and the rate of interest to be charged thereon, and, until other provision is made in respect thereof, the manner in which unclaimed funds may be dealt with;

(o)

for amending, altering, or adding to the forms set out in any written law relating to criminal procedure; and

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(p)

for any purpose for which rules of court may be made under any written law.*

Making of rules of court

Section 16 — COURTS OF JUDICATURE ACT 1964 | mylaw.my