Syariah Court Civil Procedure Rules Costs And Allowances 2021

Section 1

(2)

These rules come into operation on the date of its publication in the Gazette.

[26.08.2021].

Scale of costs

Section 2

The scale of costs shall be as prescribed in the First Schedule.

Section 3

Scale of allowances

The scale of allowances shall be as prescribed in the Second Schedule.

Section 4

Fixed costs

The fixed costs shall be as prescribed in the

Third

Schedule.

3

(Rule 2)

Scale of costs

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

Section 1

Preparing, issuing, filing and service of summons or application on one party 30.00 40.00 40.00 2.

Issuing and service of summons on one party or concurrent application 4.00 6.00 6.00 3.

Renewing summons, including preparing and filing application and affidavit, attending hearing of application for renewal and obtaining order 25.00 30.00 30.00 4.

Preparing, filing and service of defence or other pleadings on one party 30.00 40.00 40.00 5.

Preparing, filing and service of particulars of pleadings on one party and preparing and service of request for such particulars on one party 15.00 15.00 15.00 6.

Preparing amendment of document referred to in item 1 or 4, filing and service of amended document on one party 10.00 15.00 15.00 7.

Preparing, issuing and filing any document, attending on any application and doing any other work necessary to obtain –

(a)

order for substituted service of any document;

(b)

order giving leave to serve any document out of jurisdiction 25.00 30.00 30.00

Section 8

Preparing, issuing, filing and service on one party of notice –

(a)

to proceed under a judgement or order

(b)

to extend time 10.00 10.00 20.00 20.00 20.00 20.00

4

(Rule 2)

Scale of costs

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks 9.

Preparing, issuing, filing and service of notice to attend in Chambers on one party

(other than notice referred to in item 8)

Section 4

00 6.00 6.00 10.

Attending to obtain appointment for hearing before Judge or Registrar 4.00 6.00 6.00 11.

Attending to deliver papers required for use of Judge or Registrar in Chambers 4.00 6.00 6.00 12.

Attending hearing of application in Chambers

–

(a)

in case of ex parte or by consent on an adjournment without hearing;

(b)

in any other case 10.00 20.00 20.00 40.00 20.00 40.00 13.

Attending to settle draft or minutes of any judgement or order 10.00 20.00 20.00 14.

Attending to prepare and enter any order, where item 13 does not apply 4.00 6.00 6.00

Section 15

Preparing, filing and service of –

(a)

affidavit of documents or list of documents;

(b)

interrogatories for examination of a party; and

(c)

affidavit in reply to interrogatories including when appropriate, attending deponent to be sworn and copy for service 10.00 10.00 10.00 20.00 20.00 20.00 20.00 20.00 20.00 16.

Attending to inspect, or produce for inspection documents, of which production for inspection is required by order of the

Court or by virtue of any provisions of Part

XI of

Syariah

Court

Civil

Procedure

Enactment 2004 –

5

(Rule 2)

Scale of costs

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

(a)

for the first hour or part of an hour;

and

(b)

for every subsequent half hour or part thereof 10.00 15.00 15.00 5.00 10.00 10.00

PREPARATION FOR TRIAL OR

HEARING, WHETHER IN OPEN

COURT OR OTHERWISE

Section 17

Preparing and issue of subpoena–

(a)

to attend court, for each witness;

(b)

to produce documents, for each witness; and

(c)

to produce documents and give evidence, including filing of request, attending to obtain subpoena and copy for service 4.00 5.00 5.00 4.00 5.00 5.00 4.00 5.00 5.00 18.

Preparing and service of notice –

(a)

to produce for inspection document referred to in pleading or affidavit;

(b)

to produce document at trial or hearing; and

(c)

to certify any document or fact 4.00 5.00 5.00 4.00 5.00 5.00 4.00 5.00 5.00 19.

Instructions for trial or hearing of any cause or matter, whatever the mode of trial or hearing

Note –

This item is intended to cover the doing of any work, not otherwise provided for, necessarily or properly done in preparing for a trial or hearing, or before a settlement of the matters in dispute, including –

Discretionary Discretionary Discretionary

8

(Rule 2)

Scale of costs

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

(a)

taking instruction to sue, defend, counterclaim or appeal, or for any pleading, particulars of pleading, affidavit;

(b)

considering the facts and law;

(c)

attending on and corresponding with client;

(d)

interviewing and corresponding with witnesses and potential witnesses and taking proofs of their evidence;

(e)

arranging to obtain reports or advice from experts and plans, photographs and models;

(f)

making search in a Government office and elsewhere for relevant documents;

(g)

inspecting any property or place material to the proceedings;

(h)

perusing pleadings, affidavits and other relevant documents;

(i)

where the cause or matter does not proceed to trial or hearing, work done in connection with the negotiation of a settlement; and

(j)

the general care and conduct of the proceedings

Section 20

Attending to obtain appointment to examine witness and on examination of witness 20.00

per person 20.00

per person

9

(Rule 2)

Scale of costs

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

Section 21

Attending in open Court for the purpose of –

(a)

any application relating to or consequent of trial or hearing of a cause or matter;

(b)

trial or hearing of a cause or matter for each day; and

(c)

hearing deferred judgement 50.00 75.00 75.00

per day per day per day 100.00 150.00 150.00

per day per day per day 25.00 30.00 30.00

per day per day per day

Section 22

Attending to obtain certificate of

Registrar and attending to enter or obtain judgement 10.00 15.00 15.00

Section 23

Preparing bill of costs and notice of taxation (including copy for Judge or

Section 24

Registrar) per folio 2.00 3.00 3.00

Section 25

Attending taxation, completing bill of costs, producing vouchers for disbursements and attending to obtain

Section 26

Judge’s or Registrar’s Certificate or order 25.00 30.00 30.00

Judge or Registrar on taxation, or answers to objections, including copies for service and filing, delivery to one party of such objections or answers and attending hearing of review by Judge or

Registrar 25.00 30.00 30.00

10

(Rule 2)

Scale of costs

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

Section 27

Preparing and attending to obtain issue of execution order or other order to enforce any judgement or order

Section 28

Necessary copies of any such order shall be allowed 5.00 7.00 7.00

Renewing execution order including preparing and filing application and affidavit, attending on application for renewal and obtaining order 25.00 30.00 30.00

GENERAL AND

MISCELLANEOUS

Section 29

To obtain –

(a)

consent of person to act as guardian ad litem and consent or approval of any other interested party;

(b)

any other consent

Note –

This item includes preparing the form of consent or approval 10.00 15.00 15.00 4.00 5.00 5.00

Section 30

To give consent 4.00 5.00 5.00

Section 31

To file and serve notice of appearance 5.00 7.00 7.00

Section 32

If for more than one person, for each additional person 2.00 3.00 3.00

Registry 4.00 5.00 5.00

11

(Rule 2)

Scale of costs

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Section 33

Remarks

Section 34

To enter order amending record by striking out or adding a party or consolidating causes or matters 4.00 5.00 5.00

Section 35

On a deponent swearing any affidavit before Judge or Registrar 4.00 5.00 5.00

Section 36

To obtain certificates of birth, death, marriage, divorce or ruju’ or any other official documents from other departments

Note –

For two or more certificates which have been obtained at the same place or at the same time, the costs must be only one charge 4.00 5.00 5.00

Section 37

Other proper and necessary attendances not provided for or allowed under any other item

Attendance, etc. at the Accountant

Section 38

General’s Office or Registrar’s Office 4.00 5.00 5.00

To prepare and lodge documents required to authorize payment out of money lodged in Court and to receive payment 10.00 15.00 15.00

Section 39

To lodge securities in Court or procure transfer of securities into or out of Court

Note –

This item includes all attendances required in connection with the lodgement or transfer and the preparation of any document so required

Discretionary

12

(Rule 2)

Scale of costs

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Section 40

Remarks

To procure certificate or re-dating of certificates of funds in Court or where more than one certificate is procured or re-dated at the same time

Section 5

00

Discretionary 7.00

Discretionary

Section 41

To procure transcript of account

Section 42

Preparing Documents 5.00 7.00 7.00

Note –

This item includes engrossing affidavit, attending to have it sworn and filed 5.00 10.00 10.00 43.

Affidavit other than affidavit of service or affidavit under item 15 per folio.

Section 2

00 3.00 3.00 44.

Preparation for marking of exhibit to affidavit, for each exhibit.

Section 1

00 1.00 1.00 45.

Advertisement to be signed by Registrar, for first folio and thereafter per folio

Note-This item includes attending in Chambers to obtain signature

Section 5

00

Section 2

00 7.00

Section 4

00 7.00

Section 46

Preparing Documents

Minutes of order, accounts, statements and other documents required for use in

Court or Chambers, per folio.

Notice, etc.

Section 1

00 2.00 2.00

13

(Rule 2)

Scale of costs

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

Section 47

Any notice not otherwise provided for service or request

Copies, etc.

Section 1

00 2.00 2.00

Section 48

Copy of document not otherwise provided for –

(a)

typed copy other than carbon copy or written copy, per folio;

(b)

printed copy or carbon copy, per folio;

(c)

photographic copy

Section 1

00

Section 2

00

Section 49

Examining proof print, per folio

Letters, etc.

Section 1

00

Section 2

00

Section 50

Letter not included under any other item 2.00 4.00 4.00

Section 51

Letters, messages and telephone calls not provided for or allowed under any other item

Discretionary

Section 52

Discretionary

Perusing any document not provided for or allowed under any other item, per folio

Service

Section 1

00 2.00 2.00

14

(Rule 2)

Scale of costs

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

Section 53

Where more than one attendance is necessary to effect service on or delivery to one party of document referred to in

Part I of this Schedule or in item 8, 9 or 26 thereof, or where service is effected within the jurisdiction otherwise than by personal attendance or by post or is effected out of the jurisdiction.

Discretionary

Section 54

Discretionary

of this Schedule or in item 8, 9 or 26

thereof is required to be served on or delivered to more than one person, or service on or delivery to each additional person –

(a)

if required to be served personally or delivered;

(b)

if service by post authorized

Section 5

00 2.00

Section 7

00 3.00 7.00 3.00

Section 55

Service or delivery of any document not provided for or allowed under any other item –

(a)

if required to be served personally or delivered;

(b)

if service by post authorized

Section 5

00 2.00

Section 7

00 3.00

Section 3

00

15

GENERAL

Discretionary Costs

Section 1

(2)

In exercising his discretion under this paragraph, the Judge or Registrar shall have regard to all relevant circumstances, and in particular to–

(a)

the complexity of the item or of the cause or matter in which it arises and the difficulty or novelty of the issues involved;

(b)

the skill, specialised knowledge and responsibility required of, and the time and labour expended by, the Syar’ie Lawyer;

(c)

the number and importance of the documents (however brief)

prepared or perused;

(d)

the place and circumstances in which the business involved is transacted;

(e)

the importance of the cause or matter to the client;

(f)

where money or property is involved, its amount or value; and

(g)

any other fees and allowances payable to the Syar’ie Lawyer in respect of other items in the same cause or matter, but only where work done in relation to those items has reduced the work which would otherwise have been necessary in relation to the item in question.

16

Attendances in Chambers

Section 2

(2)

On a taxation of costs, only costs which have been allowed by the Court to be fixed at the hearing and in fixing the costs, the Court shall have regard to the matters mentioned in subparagraph 1(2) of this Part.

(3)

Where on any such hearing as aforesaid, the Court certifies that the speedy and satisfactory disposal of the proceedings required and received from the Syar’ie Lawyer engaged in them exceptional skill and labour in the preparation for the hearing, the Judge or Registrar in taxing the costs shall take the certificate into account.

Attendances before the Registrar

Section 3

On any attendance before the Judge or Registrar for the purpose of settling the terms of and passing any judgement or order, if it appears to the Judge or

Registrar that the attendance is of a special nature or of unusual length or difficulty, the Judge or Registrar may, if requested to do so by any party, issue a certificate to that effect, and the Judge or Registrar in fixing the costs to be allowed for the attendance shall take the certificate into account.

Section 4

Copies of documents

(2)

The Syar’ie Lawyer for a party entitled to take printed copies of any documents shall be allowed the amount he pays for such number of copies as he

17

necessarily or properly takes.

(3)

The allowance for printed copies of documents under item 48 of this

Schedule shall be made in addition to the allowances under the foregoing provisions of this paragraph, and shall, subject to subparagraph (4), be made for such printed copies as may be necessary or proper –

(a)

of any pleading, for service on the opposite party;

(b)

of any special case, for filing;

(c)

of any pleading or special case, for the use of the Court;

(d)

of any affidavit, for attestation in print;

(e)

of any pleading or special case or evidence, for use in Court; or

(f)

of any other document necessarily and properly copied and not otherwise provided for.

(4)

The allowance under item 48 of this Schedule shall not be made in relation to printed copies of documents for the use of the Court or Syar’ie Lawyer where written copies have been made before printing, and shall not be made more than once in the same cause or matter.

(5)

The allowances under this Schedule for preparing of any pleading, summons, affidavit or other document shall be taken to include an allowance for preparing any necessary copies made for the use of the Syar’ie Lawyer and his client or, in the case of a pleading or summon, for service.

18

SECOND SCHEDULE

[Rule 3]

Scale of allowances

Category of Witnesses

Total of Allowance

Per day

Section 1

Expert 500.00

Section 2

Professionals, public officers, directors and managers of statutory bodies and person whose salary or income is more than RM3,000.00

per month 300.00

Section 3

Person whose salary or income is more than RM1,000.00 but less than RM3,000.00 per month 200.00

Section 4

Other than no 1, 2 and 3.

Section 100

00

19

[Rule 4]

Value of Claim or Counter Claim

Claim

Defence

Advocacy

Not more than RM1,000.00 25.00 25.00 150.00

More than RM1,000.00 but not exceed RM2,000.00 50.00 50.00 200.00

More than RM2,000.00 but not exceed RM3,000.00 75.00 75.00 250.00

More than RM3,000.00 but not exceed RM4,000.00 100.00 100.00 350.00

More than RM4,000.00 but not exceed RM5,000.00 125.00 125.00 450.00

More than RM5,000.00 but not exceed RM6,000.00 150.00 150.00 550.00

More than RM6,000.00 but not exceed RM7,000.00 175.00 175.00 650.00

More than RM7,000.00 but not exceed RM8,000.00 200.00 200.00 750.00

More than RM8,000.00 but not exceed RM9,000.00 225.00 225.00 850.00

More than RM9,000.00 but not exceed

RM10,000.00 250.00 250.00 950.00

More than RM10,000.00 but not exceed

RM11,000.00 275.00 275.00 1,050.00

More than RM11,000.00 but not exceed

RM12,000.00 300.00 300.00 1,150.00

More than RM12,000.00 but not exceed

RM13,000.00 325.00 325.00 1,125.00

More than RM13,000.00 but not exceed

RM14,000.00 350.00 350.00 1,350.00

More than RM14,000.00 but not exceed

RM15,000.00 375.00 375.00 1,450.00

More than RM15,000.00 but not exceed

RM16,000.00 400.00 400.00 1,550.00

More than RM16,000.00 but not exceed

RM17,000.00 425.00 425.00 1,650.00

More than RM17,000.00 but not exceed

RM18,000.00 450.00 450.00 1,750.00

More than RM18,000.00 but not exceed

RM19,000.00 475.00 475.00 1,850.00

20

[Rule 4]

Value of Claim or Counter Claim

Claim

Defence

Advocacy

More than RM19,000.00 but not exceed

RM20,000.00 500.00 500.00 1,950.00

More than RM20,000.00 but not exceed

RM21,000.00 525.00 525.00 2,050.00

More than RM21,000.00 but not exceed

RM22,000.00 550.00 550.00 2,150.00

More than RM22,000.00 but not exceed

RM23,000.00 575.00 575.00 2,250.00

More than RM24,000.00 but not exceed

RM25,000.00 625.00 625.00 2,450.00

More than RM25,000.00 but not exceed

RM27,000.00 650.00 650.00 2,250.00

More than RM27,000.00 but not exceed

RM30,000.00 675.00 675.00 2,650.00

More than RM30,000.00 but not exceed

RM32,500.00 700.00 700.00 2,750.00

More than RM32,000.00 but not exceed

RM35,000.00 725.00 725.00 2,850.00

More than RM35,000.00 but not exceed

RM37,500.00 750.00 750.00 2,950.00

More than RM37,000.00 but not exceed

RM40,000.00 775.00 775.00 3,050.00

More than RM40,000.00 but not exceed

RM42,500.00 800.00 800.00 3,150.00

More than RM42,500.00 but not exceed

RM45,000.00 825.00 825.00 3,250.00

More than RM45,000.00 but not exceed

RM47,000.00 850.00 850.00 3,350.00

More than RM47,000.00 but not exceed

RM50,000.00 875.00 875.00 3,450.00

More than RM50,000.00 but not exceed

RM52,000.00 900.00 900.00 3,550.00

21

[Rule 4]

Value of Claim or Counter Claim

Claim

Defence

Advocacy

More than RM52,000.00 but not exceed

RM55,000.00 925.00 925.00 3,650.00

More than RM55,000.00 but not exceed

RM57,000.00 950.00 950.00 3,750.00

More than RM57,000.00 but not exceed

RM60,000.00 975.00 975.00 3,850.00

More than RM60,000.00 but not exceed

RM62,000.00 1,000.00 1,000.00 4,350.00

More than RM62,000.00 but not exceed

RM65,000.00 1,025.00 1,025.00 4,050.00

More than RM65,000.00 but not exceed

RM67,000.00 1,050.00 1,050.00 4,150.00

More than RM67,000.00 but not exceed

RM70,000.00 1,075.00 1,075.00 4,250.00

More than RM70,000.00 but not exceed

RM72,500.00 1,100.00 1,100.00 4,350.00

More than RM72,000.00 but not exceed

RM75,000.00 1,125.00 1,125.00 4,450.00

More than RM75,000.00 but not exceed

RM77,500.00 1,150.00 1,150.00 4,550.00

More than RM77,000.00 but not exceed

RM80,000.00 1,175.00 1,175.00 4,650.00

More than RM80,000.00 but not exceed

RM82,500.00 1,200.00 1,200.00 4,750.00

More than RM82,500.00 but not exceed

RM85,000.00 1,225.00 1,225.00 4,850.00

More than RM85,000.00 but not exceed

RM87,500.00 1,250.00 1,250.00 4,950.00

More than RM87,000.00 but not exceed

RM90,000.00 1,275.00 1,275.00 5,050.00

More than RM90,000.00 but not exceed

RM92,000.00 1,300.00 1,300.00 5,150.00

More than RM92,000.00 but not exceed

RM95,000.00 1,325.00 1,325.00 5,250.00

More than RM95,000.00 but not exceed

RM97,500.00 1,350.00 1,350.00 5,350.00

More than RM97,000.00 but not exceed

RM100,000.00 1,375.00 1,375.00 5,450.00

22

Made on ...................................... 2021

Y.A.A. ALIDIN @ AHMAD DIN BIN OKK OTHMAN

State Chief Syar’ie Judge as the Chairman

Syariah Court Civil Procedure Rules Costs And Allowances 2021

About this state subsidiary legislation

(2)

PART I

INSTITUTION, ETC., OF PROCEEDING

(a)

(b)

PART II

PROCEEDING IN CHAMBER

(a)

(b)

(a)

(b)

PART III

DISCOVERY AND INSPECTION

(a)

(b)

(c)

(a)

(b)

PART IV

(a)

(b)

(c)

(a)

(b)

(c)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

PART V

TRIAL OR HEARING

(a)

(b)

(c)

PART VI

TAXATION OF COSTS

PART VII

EXECUTION

PART VIII

(a)

(b)

(a)

(b)

(c)

(a)

(b)

(a)

(b)

PART IX

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(2)

(3)

(2)

(3)

(a)

(b)

(c)

(d)

(e)

(f)

(4)

(5)