Section 25
Rules of Court
(1)
The Chief Justice may, with the approval of His Majesty the
Sultan and Yang Di-Pertuan in Council*, make Rules of Court regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the Courts of Magistrates in the exercise of their civil jurisdiction.
(2)
The power to make Rules of Court shall extend to all matters of procedure or practice, or matter relating to or concerning the effect or operation in law of any procedure or practice or the enforcement of judgments or orders, in any case within the cognisance of the Courts of
Magistrates in the exercise of their civil jurisdiction as to which Rules of
Court regulating the practice and procedure of the Supreme Court have been or might lawfully be made for cases within the cognisance of the High Court.
(3)
Without prejudice to the generality of subsections (1) and (2), the power to make Rules of Court shall extend to —
(a)
prescribing the scales of allowances, costs and fees to be taken or paid or refunded to any party or witness in any civil proceedings in a Court of a Magistrate, and to regulating any matters relating to the costs of such proceedings;
(b)
providing for the submission to the High Court of returns and records of civil proceedings in Courts of Magistrates;
(c)
prescribing the books, registers and accounts required to be kept by the registrar and bailiffs;
(d)
empowering Courts of Magistrates to refer civil proceedings or any matter arising out of civil proceedings to a referee for inquiry and report, and to direct how the reference shall be conducted;
(e)
providing for the giving and enforcement of security for costs or otherwise;
* Transferred from His Majesty the Sultan and Yang Di-Pertuan in Council to His Majesty the Sultan and Yang Di-Pertuan with effect from 22nd September 1988 — [S 32/1988]
Subordinate Courts
B.L.R.O. 1/2022 19
(f)
prescribing the office or offices where process may be issued and business other than the hearing of proceedings transacted;
(g)
prescribing the circumstances and procedure by which proceedings may be transferred from one court to another;
(h)
prescribing what part of the business which may be transacted and of the jurisdiction and powers which may be exercised by a Magistrate in court or in chambers may be transacted or exercised by the Registrar (including provisions for and concerning appeals from decisions of the Registrar);
(i)
directing interest to be paid on debts, including judgment debts and making provision for the rate or rates of such interests;
(j)
regulating the issue of judgment debtor summonses for the discovery of a judgment debtor’s property or means and the procedure and practice relating thereto, and the making of orders against judgment debtors for the payment, by instalments, or otherwise of sums due under judgments and orders and the enforcement thereof by committal;
(k)
requiring any party at whose instance —
(i)
any writ of execution;
(ii)
any order of arrest or committal;
(iii)
any order of attachment of property; or
(iv)
any order to bring up a prisoner as a witness, is issued, to deposit from time to time a sum of money to, provide for the expenses of executing the writ or order or of bringing the person to be arrested or the person ordered to be committed before the Court or to prison and of his subsistance while in the custody of the bailiff or in prison and of keeping possession of the property attached;
(l)
prescribing the manner in which money in a Court of a
Magistrate is to be dealt with.
Subordinate Courts
CAP. 6 20
Exemption from attendance
His Majesty the Sultan and Yang Di-Pertuan not compellable to attend