Civil & Criminal LitigationLawyer in MalaysiaMagistrates’ · Sessions · High Court · Court of Appeal · Federal CourtRules of Court 2012 · Criminal Procedure Code · Penal CodeChris & Partners Advocates & Solicitors

Civil Litigation

Civil litigation in Malaysia is governed procedurally by the Rules of Court 2012 (RoC 2012). The principal courts of first instance in the civil hierarchy are the Magistrates’ Court, Sessions Court, and High Court, with appellate jurisdiction vested in the Court of Appeal and the Federal Court under the Courts of Judicature Act 1964.

How a civil action is commenced

Most disputes are commenced by:

  • Writ of Summons (Order 6, RoC 2012) — where material facts are in dispute and oral evidence is required. The Writ is accompanied by a Statement of Claim and followed by appearance, defence, reply, discovery of documents, exchange of witness statements, and trial.
  • Originating Summons (Order 7, RoC 2012) — where the dispute turns on the construction of a written instrument or point of law and evidence is given by affidavit.

Interlocutory remedies commonly sought include injunctions (Order 29), Mareva orders preventing the dissipation of assets, Anton Piller search-and-seizure orders, summary judgment under Order 14, and striking out under Order 18 rule 19.

Matters handled

Chris & Partners Advocates & Solicitors acts in civil disputes including:

  • Contract — breach of commercial contracts, sale and purchase agreements, tenancy disputes, agency and distributorship claims;
  • Tort — negligence, nuisance, trespass, conversion, and defamation (see the firm’s separate defamation page);
  • Land — vendor–purchaser disputes, specific performance, caveats, trespass to land, and recovery of possession;
  • Company and partnership — shareholder disputes, minority oppression actions under section 346 of the Companies Act 2016, and partnership dissolution;
  • Probate and family — grant of probate and letters of administration, testamentary disputes, distribution under the Distribution Act 1958, and family-provision claims;
  • Enforcement — writ of seizure and sale, garnishee proceedings, committal for contempt, and bankruptcy or winding-up petitions.

Alternative dispute resolution

The firm advises on and conducts mediation under the Mediation Act 2012 and participates in court-annexed mediation at the direction of the court. Arbitration under the Arbitration Act 2005, including AIAC-administered proceedings, is available where the parties’ contract so provides.

Criminal Litigation

Criminal prosecution in Malaysia is primarily governed by the Criminal Procedure Code (CPC) and the substantive law of the Penal Code, with specific regimes under the Dangerous Drugs Act 1952, the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA), the Prevention of Corruption Act 1961 / Malaysian Anti-Corruption Commission Act 2009, the Sexual Offences against Children Act 2017, and the Communications and Multimedia Act 1998, amongst others.

Pre-trial

The firm advises on and attends to:

  • Arrest and police investigation — rights of the accused under Article 5 of the Federal Constitution and section 28A CPC, access to counsel, and the 24-hour rule;
  • Remand applications under section 117 CPC;
  • Bail applications — bailable, non-bailable, and unbailable offences, with fresh bail applications to the High Court under section 389 CPC;
  • Representations to the Attorney General’s Chambers for reduction or withdrawal of charges;
  • Plea bargaining under sections 172C to 172D CPC, where appropriate.

Trial

  • Case management and pre-trial conference;
  • Prosecution case — opening, examination-in-chief, cross-examination of prosecution witnesses, submission of no case to answer at the close of the prosecution’s case;
  • Defence case, including decision to give sworn evidence, unsworn statement, or remain silent;
  • Closing submissions and judgment.

Sentencing and appeal

On conviction, the court will consider mitigation under the principles set out in Bhandulananda Jayatilake v PP [1982] 1 MLJ 83 and PP v Loo Choon Fatt [1976] 2 MLJ 256, and aggravating factors specific to the offence. Sentence options include imprisonment, fine, whipping (where provided by statute), community service, and bond to be of good behaviour.

Appeals lie under sections 303 to 307 CPC from the Magistrates’ and Sessions Courts to the High Court, and from the High Court to the Court of Appeal under the Courts of Judicature Act 1964. Fresh evidence may be admitted on appeal only in restricted circumstances.

Matters handled

The firm acts in criminal matters including:

  • Offences against the person under the Penal Code — causing hurt, grievous hurt, assault, criminal intimidation;
  • Offences against property — theft, criminal breach of trust, cheating under sections 415 to 420 of the Penal Code, and mischief;
  • Dangerous drugs prosecutions under the Dangerous Drugs Act 1952, including possession (section 12), trafficking (section 39B), and presumptions under section 37;
  • White-collar and corruption matters, including charges under the Malaysian Anti-Corruption Commission Act 2009 and AMLA;
  • Offences under the Road Transport Act 1987, including driving under the influence and causing death by dangerous driving;
  • Sexual offences and offences involving children.

How the firm assists

Chris & Partners Advocates & Solicitors accepts instructions in civil and criminal matters at all stages — from pre-action advice and police-investigation representation through to trial and appeal. Typical engagement involves:

  • Initial consultation and review of documents, charges, or police reports;
  • Legal opinion on prospects, procedural steps, and likely timelines and costs;
  • Preparation of pleadings, affidavits, written submissions, and trial bundles;
  • Court appearance at all levels up to the Federal Court where the matter proceeds on appeal;
  • Post-judgment advice on enforcement, appeal strategy, or review.

Fee arrangements are discussed at the initial consultation and are structured in accordance with the Legal Profession (Practice & Etiquette) Rules 1978 and the Solicitors’ Remuneration Order 2005.

Contact

Chris & Partners Advocates & Solicitors — Batu Pahat, Johor. For an initial consultation on a civil dispute or a criminal matter, please contact the firm via the details on the home page.

This page is provided for general information only. It does not constitute legal advice and does not create a solicitor–client relationship. Every case turns on its own facts; formal advice should be sought on your particular matter.

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Frequently Asked Questions — Civil & Criminal Litigation

How do I apply for bail in a Malaysian criminal case?

Bail is governed primarily by sections 387 and 388 of the Criminal Procedure Code. For bailable offences (listed in the First Schedule), bail is available as a matter of right. For non-bailable offences, bail is in the court’s discretion under section 388. The factors include the seriousness of the offence, the strength of the prosecution case, risk of absconding, risk of interference with witnesses, the accused’s previous record, and ties to the community. The accused must be brought before a Magistrate within 24 hours of arrest under Article 5(4) of the Federal Constitution.

How long does a civil case take in Malaysian courts?

In the Sessions Court, the typical time from filing the writ to first-instance judgment is 12 to 24 months. In the High Court (claims above RM1 million or specialised commercial matters), 18 to 36 months. Where summary judgment under Order 14 of the Rules of Court 2012 is available, judgment can be obtained in four to six months. Appeals to the Court of Appeal add 12 to 24 months; appeals to the Federal Court (on leave) add another 12 to 18 months.

What is summary judgment under Order 14 in Malaysia?

Summary judgment is the procedural mechanism that allows the court to give judgment without a full trial where the defendant has no real defence to the claim. The threshold, set out in National Company for Foreign Trade v Kayu Raya Sdn Bhd [1984] 2 MLJ 300, is that the defendant must show a triable issue of fact or law, not merely a bare assertion of dispute. Summary judgment is the workhorse of Malaysian debt recovery and is available across most types of civil claims where the defence is plainly without merit.

How much does it cost to file a civil claim in the Malaysian courts?

Court filing fees are modest — for a Sessions Court writ, the filing fee is in the low hundreds of ringgit, and for a High Court writ in the low thousands of ringgit, depending on the claim value. The substantial cost is solicitor’s fees and disbursements (expert reports, court attendance, transcription). For personal-injury and debt-recovery claims, “no recovery, no fee” arrangements are sometimes available, structured to comply with the Legal Profession (Practice and Etiquette) Rules 1978.

What is contributory negligence in a Malaysian road-accident case?

Section 12 of the Civil Law Act 1956 allows the court to apportion damages where the claimant has contributed to their own injury. Common deductions in road-accident cases include failure to wear a seatbelt (typically 15-25% reduction), riding pillion without a helmet (25-40%), and driving in a manner that contributed to the collision (variable, often 20-50%). The Federal Court in Government of Malaysia v Jumat bin Mahmud [1977] 2 MLJ 103 confirmed apportionment is based on relative blameworthiness, not pure mathematical causation.

How do I appeal a criminal conviction in Malaysia?

A Notice of Appeal must be filed within 14 days of the conviction or sentence under section 307(1) of the Criminal Procedure Code. The 14-day deadline is strict and missed deadlines are difficult to extend. Convictions in the Magistrates’ Court and Sessions Court are appealed to the High Court. Convictions in the High Court (whether at first instance or on appeal) are appealed to the Court of Appeal. Court of Appeal decisions are appealed to the Federal Court only on leave, which is granted only where the case raises a question of general principle or public importance.