Syariah Court Civil Procedure Rules Fees 2021

Section 1

(2)

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

Gazette. [26.08.2021]

Court Fees

Section 2

The fees fixed in the Schedule shall be paid for all transactions prescribed therein.

Section 3

Exemption

(a)

Any proceedings by the State Government, Legal Aid Department and it’s panel lawyers, Family Support Division, or Majlis Ugama Islam Negeri

Sabah;

(b)

Any proceedings taken as the Court’s order; and

(c)

Any actions or proceedings taken by any person authorized by the Court to sue or defend as a poor person as provided under Chapter 3 Part 4 of the

Enactment.

Schedule

Court Fees

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

SUMMONS, APPLICATIONS, ETC.

1. On sealing a summons or an application for the commencement of an action 25.00 50.00

2. On filing a defence or affidavit in opposition 10.00 20.00

3. On filing a reply to defence, affidavit in reply to opposition or subsequent legal documents 10.00 20.00

4. On filing counter claim or cross-action 20.00 40.00

5. On filing a summons or an application to a defendant or respondent more than one person or to the address more than one 5.00 10.00

6. On sealing a renewed summons or renewed application 5.00 10.00

7. On sealing an amended summons or an amended application 5.00 10.00

8. On signing any amended summons, application or pleadings 5.00 10.00

9. On filing wakalah for each person 10.00 10.00 10.00

10. On filing a certification of urgency 5.00 10.00 15.00

11. On sealing a notice of interlocutory application 10.00 30.00 50.00

12. On filing an application for the substituted service or service out of the jurisdiction 10.00 10.00 20.00

13. On filing a notice of withdrawal on claims, applications, appeals, etc.

5.00 10.00 15.00

14. On filing a notice of change of syar’ie lawyer, notice of discharge of syar’ie lawyer or notice of withdrawal of syar’ie lawyer 5.00 10.00 15.00

SCHEDULE - (cont.)

Court Fees - (cont.)

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

ORDERS, ETC.

15. On sealing a subpoena for each witness 2.00 2.00

16. On sealing a subpoena issued less than three days before trial of an action for each witness 5.00 5.00

17. On sealing an order of execution, committal, arrest, notice of hiwalah or attachment of property 5.00 10.00

18. On entering or sealing any order made in

Chambers 5.00 10.00

19. On entering or sealing a judgement or order given, directed or made in trial, hearing or further consideration of a cause or matter in court 13.00 25.00 25.00

20. On entering or sealing any other judgement or order where no other fee is specifically provided for 5.00 10.00 10.00

21. On filing a notice of appeal against any judgement, order or decision of the registrar to a Judge in Chambers 10.00 10.00 22.

APPEALS, ETC.

On filing a notice of appeal –

(a)

from Syariah Subordinate Court to

Syariah High Court; or

(b)

from Syariah High Court to Syariah

Appeal Court 50.00 100.00

23. On filing a notice of counter appeal –

(a)

from Syariah Subordinate Court to

Syariah High Court; or

(b)

from Syariah High Court to Syariah

Appeal Court 50.00 100.00

SCHEDULE - (cont.)

Court Fees - (cont.)

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

24. On filing an application for leave to appeal or leave for extension of time to appeal from

Syariah Subordinate Court to Syariah High

Court 50.00

25. On filing an application for leave to appeal or leave for extension of time to appeal from

Syariah High Court to Syariah Appeal Court 100.00

26. Any interlocutory application pending appeal in –

(a)

Syariah High Court; and

(b)

Syariah Appeal Court 10.00 20.00

27. Preparation of notes of evidence and grounds of judgement 200.00 300.00

28. On filing grounds of appeal 25.00 50.00

29. On filing an appeal record 50.00 100.00

30. On filing submissions 20.00 40.00 50.00

31. On filing a review 50.00 100.00

COPIES OF DOCUMENTS

32. On making a copy of document and marking it as certified copy for each folio 2.00 2.00 2.00

33. On making every second or subsequent copy or by duplicating process, for each folio 1.00 1.00 1.00

34. For examining plain copy and marking the same as certified copy –

(a)

in the case of a photographic or copy for each sheet; or

(b)

in any other case for each folio 1.00 1.00 1.00 1.00 1.00 1.00

SCHEDULE - (cont.)

Court Fees - (cont.)

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

35. On an application to be allowed to copy any document filed or lodged in Court, for each page 1.00 1.00 1.00

36. On typing of notes of proceedings 50.00 100.00

37. On typing of grounds of judgement 50.00 100.00

TRANSLATION

38. Checking, correcting and certifying a translation not made by an Interpreter of the

Court 3.00 plus 1.00 for each folio 3.00 plus 1.00 for each folio 3.00 plus 1.00 for each folio

TAXATION OF COSTS

39. On taxing a bill of costs where –

(a)

the amount allowed does not exceed

RM1,000.00; and

(b)

the amount allowed exceeds

RM1,000.00, for every additional

RM1,000.00

allowed or fraction thereof 4.00 4.00 4.00 2.00 2.00 2.00

40. On certificate or allocator of the result of the taxation 4.00 4.00 4.00

MISCELLANEOUS

41. On filing any document not provided for in this Schedule 5.00 10.00 15.00

42. On applying for any search, including inspection, for each half an hour or part thereof 2.00 2.00 2.00

43. Upon an application for the production of records or documents to be given in evidence –

(a)

where the records or documents are left in Court; and

(b)

where an officer is required to produce the records or documents in Court

2.00

5.00 10.00 20.00 50.00

SCHEDULE - (cont.)

Court Fees - (cont.)

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

44. Upon an application for the attendance of an officer of the Court as a witness for day or part thereof 20.00 40.00 50.00

45. On filing an affidavit or supplementary affidavit, for each person making the same 2.00 2.00 2.00

46. On filing for each exhibit referred to therein or supplementary affidavit required to be marked 1.00 1.00 1.00

47. On each document sworn before any officer of the court 4.00 4.00 4.00

48. Signing the exhibit 2.00 2.00 2.00

49. On sealing extract of any document, not being a judgement or order, where no other fee is prescribed in this schedule 1.00 1.00 1.00

50. On a certificate of the amount or the transcript of the account of any moneys, funds or securities including the request thereof 2.00 2.00

51. On paying, lodging, transferring or depositing funds or securities in Court 2.00 2.00

52. On a request to the Accountant General for information in writing in respect of any moneys, funds or securities in Court or any transaction in his office 2.00 2.00

SERVICE AND EXECUTION

53. For each attempt to serve on each person of any process or proceeding required to be served by the Court and if more than 3 kilometres from the Court, for every additional kilometre 1.00 1.00 1.00 1.00

SCHEDULE - (cont.)

Court Fees - (cont.)

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

54. For executing every order of execution, committal, arrest or attachment of property 5.00 5.00

55. For releasing property seized by instruction of party issuing the order of execution, attachment, arrest or attachment of property 3.00 3.00

56. Service charge of 5 percent (%) to be charged on the first RM1,000.00 and 3

percent (%) upon all above that sum when levied by seizure and sale, such sum to include auctioneer’s service charges

To be deducted by the

Registrar

57. Service charge of 2 percent (%) to be charged on all money received by the

Registrar on a garnishee notice

To be deducted by the

Registrar

58. Service charge of 1 percent (%) to be charged on all money received by the

Registrar in satisfaction of an order of seizure and sale and where an execution is withdrawn, satisfied or stopped

To be deducted by the

Registrar

59. Service charge of 1 percent (%) to be charged on the estimated value of the property seized or the amount stated in the order, whichever is the lesser, where the execution is withdrawn, satisfied or stopped

To be deducted by the

Registrar

60. For each person necessarily employed in taking charge of any property under seizure.

Actual

Cost

Actual

Cost

To be paid in cash to the

Registrar or direct payment on vouchers certified by the

Registrar

SCHEDULE - (cont.)

Court Fees - (cont.)

Item

Syariah

Subordinate

Court

Syariah

High

Court

Syariah

Appeal

Court

Remarks

61. For removal of goods or animals to a place of safe keeping and foods given

Actual

Cost

Actual

Cost

To be paid in cash to the

Registrar or direct payment on vouchers certified by the

Registrar

62. For advertising and giving publicity to the sale by auction

Note – In every case where the execution is withdrawn, satisfied or stopped, the fees shall be paid by the person at whose instance the sale is stopped, and the amount of any costs or charges payable under this Schedule shall be taxed by the

Judge, in case where the Registrar and the party liable to pay such costs and charges differ as to the amount thereof

Actual

Cost

Actual

Cost

To be paid in cash to the

Registrar or direct payment on vouchers certified by the

Registrar

63. Request for payment out of monies paid into Court pursuant to order for instalment if the sum exceeds RM1,000.00, except for payment of maintenance of children and wife 2 percent of sum to be paid out 2

percent of sum to be paid out on request

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 Fees 2021

About this state subsidiary legislation

Preamble

Section 1

(2)

Section 2

Section 3

(a)

(b)

(c)

Schedule