Malaysia’s Movement Control Order and the Closure of Courts
Pursuant to the implementation of a Movement Control Order (“MCO”) by the Malaysian Government for the period from 18th March 2020 until 14th April 2020 (“the said Period”), all government and private offices and businesses, save for essential services, are required to close during the said Period.
What if you have a pending action before the Court?
- Trials and hearings for all actions during the said Period have been vacated.
- Case managements which have been scheduled to take place via e-Review will proceed as scheduled.
- Case managements where parties are required to attend case in person or by counsel have been vacated.
- Filing of documents which are not affected by the MCO are expected to proceed as usual via the Court’s e-filing system.
- Any party who requires an extension of time for filing of affidavits due to any reason directly connected to the MCO may apply for an extension of time.
- Online hearings for civil actions may be possible if all parties agree and upon receipt of approval of Court.
What if you have an action to file?
- For Courts using the e-filing system, filing of new actions, notices of appeal and documents may proceed as usual.
- For Courts which have yet to start using the e-filing system, filling of new actions and documents may only be done after the MCO is lifted.
- For matters of urgency before a Session Court which have yet to start using the e-filing system, filing may be done at the nearest Sessions Court which is using the e-filing system in the State.
- For appeals by way of an Originating Summons supported by an affidavit (e.g. appeals against a decision of the Registrar of Trademarks on an opposition against the registration of a trade mark), the Originating Summons may be filed first with the affidavit in support being filed within 14 days after the MCO is lifted.
- For matters where a certificate of urgency has been filed, the action will be referred to an officer on duty for instructions to be obtained from the Chief Judge, President of the Court of Appeal or Judge on duty accordingly.
We will continue to attend to clients’ matters and instructions as promptly as we could in the circumstances. As part of our Firm’s Business Continuity Plan (BCP), all our partners and lawyers are working from home and may be contacted at their respective email addresses and mobile phones.
Please feel free to contact us should you need any clarification or assistance.
Managing Partner and Head, IP