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|Legal Subjects > Litigation > Small Claims|
WHAT HAPPENS DURING THE HEARING OR TRIAL DATE ?
Trial for Small Claim is a simplified procedures and will not be like a trial you normally see on television.
If both parties do not appear on the hearing, the action may be struck out, without prejudice, however to the restoration thereof, on the direction of the Judge.
An application for restoration must be made within 14 days of the hearing.
Where an action is restored, notice of restoration in Form 73 must be given by the Registrar to the parties.
If the defendant does not file in his or her defence or counterclaim in Form 165, the Court may give judgment in Form 167 for you, the plaintiff, on the hearing date or may in its discretion adjourn the hearing to enable the defendant to file his or her defence.
If the defendant admits the claim in the statement of defence, the Court will give judgment in Form 170.
Where you the plaintiff appear, the defendant is absent and on proof of service, the judgment to be entered shall be in Form 168. The Court may also dismissed the counterclaim with costs, if the defendant has a counterclaim.
Where the you the plaintiff are absent and the defendant appears, the Court may dismiss the action with costs if the defendant has no counterclaim. The Court may also give judgment for the defendant on his counterclaim if the defendant has counterclaim. This judgment to be entered shall be in Form 169.
Where both parties appear at the hearing of the matter before the Court, the Court shall where possible assist the parties to effect the settlement of a case by consent. Judgment by consent shall be in Form 172.
Where both parties appear at the hearing and the matter is not settled, the Court may proceed to hear the case and give a decision thereon or may adjourn it to another date for final disposal. Judgment entered after a hearing shall be in Form 173.
Before deciding the case and giving judgment, the Court has the power to ask the parties for further information and in particular for a short description of the claim and defence as the case may be, if such description is not adequately supplied earlier.
The Court may also consider the documentary or other evidence, including affidavit evidence, tendered by the parties and in their presence shall bear such oral evidence and argument, including written argument, as the parties may submit.
The sealed judgment or order given must be served on the person against whom the judgment or order is made or given by prepaid registered post by the Court.
Under Order 54 rule 15(1) of the Subordinate Courts Rules 1980, the Court may in its discretion award costs not exceeding RM$100.00 to any one party.