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    Roc 2012 - Subpoena

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    Matthew Jerome van Huizen
    This document summarizes new Rules of Court in Malaysia that relate to evidence and procedure. It outlines rules regarding evidence that can be accepted without proof, such as documents sealed with the High Court seal. It also describes rules for evidence given at trials that can be used in subsequent proceedings, orders to produce documents, subpoenas (including their form, issuance, service, and duration), court records, attendance of prisoners, tender of expenses, and affidavits of service. The document establishes the process and procedures for depositions and examination of witnesses in and out of the jurisdiction.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Roc 2012 - Subpoena

    Uploaded by

    Matthew Jerome van Huizen
    58 views5 pages
    This document summarizes new Rules of Court in Malaysia that relate to evidence and procedure. It outlines rules regarding evidence that can be accepted without proof, such as documents sealed with the High Court seal. It also describes rules for evidence given at trials that can be used in subsequent proceedings, orders to produce documents, subpoenas (including their form, issuance, service, and duration), court records, attendance of prisoners, tender of expenses, and affidavits of service. The document establishes the process and procedures for depositions and examination of witnesses in and out of the jurisdiction.

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    Subpoena under the Rules of Court 2012

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    This document summarizes new Rules of Court in Malaysia that relate to evidence and procedure. It outlines rules regarding evidence that can be accepted without proof, such as documents sealed with the High Court seal. It also describes rules for evidence given at trials that can be used in subsequent proceedings, orders to produce documents, subpoenas (including their form, issuance, service, and duration), court records, attendance of prisoners, tender of expenses, and affidavits of service. The document establishes the process and procedures for depositions and examination of witnesses in and out of the jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    58 views5 pages

    Roc 2012 - Subpoena

    Uploaded by

    Matthew Jerome van Huizen
    This document summarizes new Rules of Court in Malaysia that relate to evidence and procedure. It outlines rules regarding evidence that can be accepted without proof, such as documents sealed with the High Court seal. It also describes rules for evidence given at trials that can be used in subsequent proceedings, orders to produce documents, subpoenas (including their form, issuance, service, and duration), court records, attendance of prisoners, tender of expenses, and affidavits of service. The document establishes the process and procedures for depositions and examination of witnesses in and out of the jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    FEDERAL GOVERNMENT

    GAZETTE
    2 July 2012
    P.U. (A)

    RULES OF COURT 2012

    PUBLISHED BY
    ATTORNEY GENERAL’S CHAMBERS
    P.U. (A)

    (2) Without prejudice to the provisions of any written law, every document
    purporting to be sealed with the seal of the High Court shall be received in evidence
    without further proof, and any document purporting to be so sealed and to be a copy of
    a document filed in, or issued out of, the Court shall be deemed to be an office copy of
    that document without further proof unless the contrary is shown.

    Evidence of consent of new trustee to act (O. 38, r. 11)


    11. A document purporting to contain the written consent of a person to act as
    trustee and to bear his signature verified by some other person shall be evidence of
    such consent.

    Evidence at trial may be used in subsequent proceedings (O. 38, r. 12)


    12. Any evidence taken at the trial of any cause or matter may be used in any
    subsequent proceedings in that cause or matter.

    Order to produce document at proceedings other than trial (O. 38, r. 13)
    13. (1) At any stage in a cause or matter, the Court may order any person to
    attend any proceedings in the cause or matter and produce any document, to be
    specified or described in the order, the production of which appears to the Court to be
    necessary for the purpose of that proceedings.

    (2) A person shall not be compelled by an order under paragraph (1) to


    produce any document at a proceeding in a cause or matter which he could not be
    compelled to produce at the trial of that cause or matter.

    Form and issue of subpoena (O. 38, r. 14)


    14. (1) A subpoena shall be in Forms 63, 64 and 65, whichever is appropriate.

    (2) The issue of a subpoena takes place upon it being sealed by an officer of
    the Registry.

    168
    P.U. (A)

    (3) Before a subpoena is issued, a praecipe in Form 66 for the issue of the
    subpoena shall be filed in the Registry; and the praecipe shall contain the name and
    address of the party issuing the subpoena, if he is acting in person, or the name of the
    firm and business address of that party’s solicitor.

    (4) The Registrar may, in any case, revoke a subpoena upon an application by
    any person or on his own motion.

    (5) Any party who is dissatisfied with any decision of the Registrar made
    under this rule may apply to a Judge for a review of that decision.

    (6) An application under this rule shall be made by a notice of application


    supported by an affidavit, within fourteen days of that decision.

    More than one name may be included in one subpoena (O. 38, r. 15)
    15. The names of two or more persons may be included in one subpoena to testify.

    Subpoena to produce documents (O. 38, r. 16)


    16. (1) A subpoena to produce documents shall contain the name of one person
    only.

    (2) Any person served with a subpoena to produce documents shall


    sufficiently comply if he causes the document to be produced without attending
    personally.

    Amendment to subpoena (O. 38, r. 17)


    17. Where there is a mistake in any person’s name or address in a subpoena, then if
    the subpoena has not been served, the party by whom the subpoena was issued may
    have the subpoena resealed in the correct form by filing a second praecipe under rule
    14(3) endorsed with the words “Amended and resealed”.

    169
    P.U. (A)

    Service of subpoena (O. 38, r. 18)


    18. (1) Unless the Court otherwise orders, a subpoena shall be served personally
    and the service shall not be valid unless effected within twelve weeks after the date of
    issue of the subpoena.

    (2) A subpoena shall not be served on any person outside the jurisdiction.

    Duration of writ of subpoena (O. 38, r. 19)


    19. A subpoena continues to have effect until the conclusion of the trial at which the
    attendance of the witness is required.

    Court records (O. 38, r. 20)


    20. (1) A subpoena to produce documents shall not require an officer of the High
    Court or of any Subordinate Court to produce the records of the Court.

    (2) If the original of any record of a Court or of any document filed in such
    Court is for any special reason required, a request for production thereof may, on the
    application of the party requiring the same, be addressed by the Registrar to that Court.

    (3) A mark shall not be placed upon any record or document produced under
    this rule.

    Attendance of prisoner as witness or party (O. 38, r. 21)


    21. (1) An application for an order under section 30 of the Prison Act 1995 [Act
    537] for the production before the Court of a person confined in prison may be made ex
    parte by notice of application supported by an affidavit in Form 67.

    (2) Unless the Court otherwise orders, the costs of conveyance of the witness
    in safe custody to and from the Court shall be paid in the first instance by the party on
    whose application the order was issued and shall be costs in the cause.

    (3) An order for the production of such person shall be in Form 68.

    170
    P.U. (A)

    Tender of expenses (O. 38, r. 22)


    22. A witness shall not be compelled to attend on a subpoena unless a reasonable
    sum to cover his expenses of going to, remaining at, and returning from, Court is
    extended to him.

    Affidavit of service of subpoena (O. 38, r. 23)


    23. An affidavit filed for the purpose of proving the service of a subpoena shall state
    when, where, how and by whom the service was effected.

    ORDER 39
    EVIDENCE BY DEPOSITION: EXAMINERS OF THE COURT

    Power to order depositions to be taken (O. 39, r. 1)


    1. (1) The Court may, in any cause or matter where it appears necessary for the
    purposes of justice, make an order in Form 69 for the examination on oath before a
    Judge or the Registrar or some other person, at any place, of any person.

    (2) An order under paragraph (1) may be made on such terms (including, in
    particular, terms as to the giving of discovery before the examination takes place) as the
    Court thinks fit.

    Where person to be examined is out of jurisdiction (O. 39, r. 2)


    2. (1) Where the person in relation to whom an order under rule 1 is required is
    out of the jurisdiction, an application may be made—

    (a) for an order in Form 70 under that rule for the issue of a letter of
    request to the judicial authorities of the country in which that
    person is to take, or cause to be taken, the evidence of that person;
    or

    171

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