Please enable JavaScript.
Coggle requires JavaScript to display documents.
Duty in Court Practice - Coggle Diagram
Duty in Court Practice
-
-
Examination of Witnesses
-
R14 - IRRELEVANT
(a) questions affecting credibility but irrelevant to the actual enquiry shall not be asked unless there is reasonable grounds of thinking that the imputation is true
(b) questions relate to matters so remote in time or of such character that affect credibility of a witness shall not be put
R13 - INSULTING
- shall not ask questions only intended to insult or annoy
- Also in s151,152 EA 1950
Duty to Opponent
-
-
R18 - CONDUCT
- Conduct with candour, courtesy, and fairness
BC Rulings 14.01: Courtesy
- Party calling through phone shall be on the line first and speak once the call is put through
- Reply correspondences promptly
R56 - JID
- where the name of advocates and solicitors of the other side appears on the court record, no advocate and solicitor shall enter JID, unless he gives 7 days notice to the solicitor of his intention to do so
Asia Commercial Finance Berhad v Bank Bumiputra Malaysia Berhad: Non-compliance with r56 does not render JID irregular as the rules do not regulate the procedure in legal proceedings in HC
- Followed in Sri Minal Construction Sdn Bhd v Mobil Oil Malaysia Sdn Bhd(COA)
Hasbullah Chan & Associates Architect v Rahika Development Sdn Bhd:
- JID set aside considering other grounds
- P had already applied for summons of direction, amount to a waiver of applying JID
BC Rulings: a further 7 days notice is not required if extension of time is granted at the request of the advocates in receipt of the 1st notice
R57 - EXTENSION
If extension of time has been given to a party, such party shall if so required, accept short notice of trial at next sitting of court
R58 - STAMPED
Unless objection goes to root of the subject matter of the suit, it is contrary to etiquette to object to the admissibility of document on the grounds that it is not stamped or not sufficiently stamped.
Before judgment
R22 - ATTENTION
(a) After conclusion of evidence and argument and while judgment is reserved, discovers any proposition of law or decision which is directly in point - shall bring it to the attention of court - the opposition shall concur
(b)where the opposition does not concur, the advocate shall still submit the authority and send the opposition a copy of his letter to court - the opposition can comment