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Brian Murphy
Brian Murphy

Rules of the Court of Appeal 1994 Malaysia PDF: A Guide for Lawyers and Litigants


Rules of the Court of Appeal 1994 Malaysia PDF: A Guide for Lawyers and Litigants




The Rules of the Court of Appeal 1994 (P.U.(A) 524/1994) are the subsidiary legislation that governs the procedure and practice of the Court of Appeal of Malaysia. The Court of Appeal is the second highest court in the country, and hears appeals from the High Court and other subordinate courts on civil and criminal matters. The Rules of the Court of Appeal 1994 provide the framework for filing, serving, entering, and conducting appeals before the Court of Appeal, as well as other applications and motions related to appeals. The Rules also prescribe the forms, fees, and time limits for various stages of the appeal process.




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This article aims to provide a brief overview of the Rules of the Court of Appeal 1994 Malaysia PDF, and highlight some of the key provisions that lawyers and litigants should be aware of when dealing with appeals. The article is not intended to be a comprehensive or authoritative guide, and readers are advised to consult the original source[^1^] or seek professional legal advice for specific cases.


Chapter One: Preliminary and General




The first chapter of the Rules of the Court of Appeal 1994 sets out some general provisions that apply to all appeals and applications before the Court of Appeal. Some of these provisions are:


  • Rule 1: The Rules came into force on 24 December 1994.



  • Rule 1A: The Court or Judge shall have regard to justice and not only to technicalities when exercising any power under the Rules.



  • Rule 2: The interpretation section defines some terms used in the Rules, such as "appeal", "appellant", "Court", "Judge", "memorandum", "notice", "record", "Registrar", "respondent", and "solicitor".



  • Rule 3: The Rules apply to every proceeding in the Court of Appeal commenced on or after 24 December 1994.



  • Rule 3A: A preliminary objection on the ground of non-compliance with any provision of the Rules shall not be allowed unless it is taken before or at the hearing of the appeal or application.



  • Rule 4: The Rules of Court 2012 (P.U.(A) 205/2012) apply to any matter not provided for in the Rules of the Court of Appeal 1994.



Chapter Two: Civil Appeals




The second chapter of the Rules of the Court of Appeal 1994 deals with civil appeals, which are appeals from any judgment or order made by a High Court or a subordinate court in any civil cause or matter. Some of the main provisions in this chapter are:


  • Rule 5: An appeal to the Court of Appeal shall be by way of re-hearing on notice. The notice shall be in Form A in Appendix A to these Rules.



  • Rule 6: The notice of appeal shall be served on all parties directly affected by the appeal within fourteen days after filing it with the Registrar.



  • Rule 7: The Court may amend any defect or error in an appeal, admit further evidence, or draw any inference of fact that might have been drawn by a High Court or a subordinate court.



  • Rule 8: A respondent who intends to cross-appeal against any part of a judgment or order appealed against shall file and serve a notice of cross-appeal within fourteen days after service on him of a notice of appeal.



  • Rule 9: A notice or cross-appeal may be withdrawn at any time before entry by filing a notice in Form B in Appendix A to these Rules with the Registrar and serving it on all parties affected by it.



  • Rule 10: If a notice or cross-appeal is withdrawn or an appeal is not entered within six months from its filing, a respondent who has filed a notice may enter his appeal as if he were an appellant.



  • Rule 11: An interlocutory order made by a High Court or a subordinate court shall not prejudice an appeal unless it is expressly stated to do so.



Rule 12: An appeal shall be brought within one month from the date when notice was given that leave to appeal had been granted, or if no leave e0e6b7cb5c


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