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| Legal Subjects > Litigation > Civil Matters | |||||
Main Category Related Topics WHICH ARE THE CIVIL COURTS IN MALAYSIA ?In Malaysia, there are the High Courts and Subordinate Courts. The Court of Appeal and the Federal Court are the appellate courts. The Subordinate Courts are governed and regulated by the provisions of the Subordinate Courts Act 1948. Sessions Court and Magistrates' Court are Subordinate Courts. A first class Magistrates' Court has civil jurisdiction to try claims not exceeding RM$25,000.00. The Sessions Court has the civil jurisdiction to try claims above RM$25,000.00 but not exceeding RM$250,000.00. Order or decision made by a Subordinate Court can be appealed in the High Court. The High Court has the civil jurisdiction to try claims above RM$250,000.00. Order or decision made by a High Court can be appealed in the Court of Appeal for claims above RM$250,000.00. Leave of the Court of Appeal is required for claims below RM$250,000.00. However, there is no automatic right of appeal from the Court of Appeal to the Federal Court and leave of the Federal Court must be obtained. HOW DO I START A CIVIL PROCEEDINGS IN THE SUBORDINATE COURTS ?In the beginning to any legal proceeding, there is always by reason of any thing done or left undone or been a failure to comply with the requirements, where the failure shall be treated as an irregularity. A person will normally take a step to issue a "Letter of Demand" to the other party making him or her be aware of the irregularity. A "Letter of Demand" is a formal letter written to the other party to demand for the payment of a sum or to comply with certain requirements within a limited period. The notice of period in a "Letter of Demand" for the other party to comply with is normally 7 or 14 days, failing which civil proceedings will be taken against the other party. Any person can carry on a civil proceedings in the Court by a solicitor or in person. Where you are being represented by a solicitor, your task will be very simplified by providing instructions and supporting documents to your solicitor. Your solicitor will represent you in the court and do the filing of the relevant documents with the Court. Only a body corporate may not begin or carry on any such proceedings otherwise than by a solicitor. Civil proceedings will be begun by summons.
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