Trial Practice-Malaysia -- Civil Procedure-Malaysia

Indeks : 309-318 ; Civil trial work is now on the increase as the judiciary focuses its attention on clearing the backlog of cases. For many years before, the bulk of court work involved interlocutory work. It was not therefore uncommon for a practitioner to go through many years at the Bar without doing a trial, especially one in the High Court. Hence, many lawyers are not familiar with trial practice. This is compounded by the fact that lower court trial work is usually quite different and less complex than High Court trial work. Sometimes this has resulted in mistakes at trial that often cannot be cured on appeal. Lawyers and judges also have differing opinions on the way things are to be done in civil trial. This in turn has led to widely differing practices in different courts and often results in unnecessary appeals. That is not healthy for the profession and greatly diminishes the efficiency of the civil justice delivery system. In addition to serving as a ready reference for trial lawyers on the many issues they will face during a trial, this book is also aimed at promoting a more uniform approach to trial work and endeavors where possible to settle some of the differing views that both judges and lawyers have held over the proper mode and method of trial.