- Pre-Trial Case Management (PTCM)
1.1 Once pleadings are formally closed—14 days after the last pleading is filed—the court will fix a Pre-Trial Case Management (PTCM) session. This stage is pivotal to streamline to trial process and to ensure all parties are ready for trial.
1.2 Key Objectives for PTCM:
1.3 Narrowing Issues: The court identifies and narrows down the core legal and factual disputes to avoid unnecessary delays.
1.4 Document Exchange: Parties compile and exchange bundle of documents, which are categorised as:
1.5 Part A : Documents agreed to be authentic. [Order 34, r2 (C)]
1.6 Part B : Documents agreed to be authentic, but the contents are disputed [Order 34, r2 (e)(i)]
1.7 Part C: Documents which are authenticity and contents are both disputed [Order 34, r2 (e)(ii)]
1.8 Witness Confirmation: Parties finalise their list of witnesses and file their witness statements.
1.9 Consequences of Non-Compliance: Failure to attend PTCM or adhere to court directions may result in severe penalties, including dismissal of the action or penalties by paying cost.
- Documents to Be Filed for Pre-Trial Case Management
2.1 To ensure a smooth PTCM process, the following documents must be prepared and filed:
2.2 Bundle of Pleadings: A complete set of all filed pleadings, including the Statement of Claim, Statement of Defence, Counterclaim (if any), and Reply to Defence.
2.3 Bundle of Documents: A compilation of all relevant evidence.
2.4 Agreed Facts: A joint statement of facts identifying undisputed facts. [Order 34, r2 (j)]
2.5 Issues to Be Tried: A concise list of issues that the court needs to determine. [Order 34, r2 (k)]
2.6 Summary of the Case: A brief overview of each party’s position, including the relief sought and key arguments.
2.7 List of Witnesses: Names and roles of all witnesses to be called during the trial including the expert witnesses.
2.8 Witness Statements: Detailed written statements from each witness, outlining their testimony.
2.9 Trial Timetable or Plan: A proposed schedule for the trial, including estimated time allocated for examination in chief, cross-examinations, re-examination and submissions.
- Witness Statements
3.1 Witness statements serve as the foundation of each witness’s testimony during the trial. They must be clear, concise, and based on firsthand knowledge.
3.2 It must also include all material facts relevant to the case, and it will be filed and exchanged with the opposing party before the trial.
3.3 Witness Statements are important as witnesses will be asked to confirm their statements during their Examination-in-Chief.
3.4 Furthermore, during Cross-Examination, opposing counsels uses these statements to challenge the witness’s credibility or consistency.
- Commencement of Trial
4.1 The trial begins with a structured sequence of events designed to present evidence and arguments systematically.
4.2 Order of Proceedings start with the Plaintiff’s case first. The plaintiff presents their case first, calling witnesses for Examination-in-Chief (EIC)
4.3 The witnesses will be referred to as PW1, PW2 and so on for the Plaintiff’s witnesses. The defendant’s witnesses will be referred to as DW1, DW2, and so on.
4.4 Then before the witnesses are allowed to give evidence before the court, they will have to sign their witness statement before the court and usually there will be four copies. The 4 copies are for the Learned Judge, the plaintiff, the defendant, and the witness himself.
4.5 Then it will be followed by the Defendant’s Cross-Examination where the Defendant’s counsel will challenge the plaintiff’s evidence and assertions, highlighting inconsistencies or weaknesses.
4.6 Moving on would be the Re-Examination where the plaintiff’s counsel may clarify the issues raised during the cross examination.
4.7 After all the plaintiff’s witnesses are finished, it will be the Defendant’s turn following the same process (EIC, Cross-Examination and Re-Examination).
4.8 It is important to note that all witnesses will testify under oath.
4.9 Unfiled witness statements may be inadmissible. Its admissibility is subject to discretion of the court.
4.10 Normally, only pre-filed documents may be referred to during the course of the trial.
4.11 The Plaintiff will call their witnesses first as they bear the initial burden of proof. [Order 35, r (4)]
4.12 After the Plaintiff concludes their case, the Defendant calls their witnesses to rebut the Plaintiff’s claims or to present their own case.
4.13 This orderly arrangement ensures clarity and allows the court to evaluate each party’s evidence systematically.
4.14 The order in which witnesses are called for each party is critical to the flow of the trial.
4.15 Counsel must exercise careful deliberation in determining the sequence of witnesses to be called. This requires a tactical assessment based on the litigation strategy being employed, ensuring that the evidentiary presentation aligns with the desired case narrative. The order of witness testimony is pivotal as it shapes the court’s perception, establishes credibility, and reinforces key arguments.
- Notes of Proceedings
5.1 In West Malaysia, all open court proceedings are video recorded.
5.2 All these videos will be subsequently transcribed into notes of proceedings.
5.3 These notes are essential for transparency and will be referenced to during the submissions before the trial judge.
- Final Submissions
6.1 Upon conclusion of all evidence, both parties will file written submissions, summarising their arguments and referencing the evidence presented. These submissions will highlight the strength of their cases, address weaknesses in the opposing parties’ arguments and cite all relevant legal authorities to support their standing.
6.2 After a thorough review of all the documents and evidence presented, the learned judge will deliver a judgment.
- Decision
7.1 The court delivers a judgment, which may include a ruling in favour of one party, or in certain circumstances, some in favour of the plaintiff, and some in favour of the defendant depending on the case, an award of damages or other remedies, and an order for costs, typically awarded to the successful party.
7.2 We would like to note here that we handled the matter of (Twin Faber Sdn Bhd v Ng Cheng Keng [2022] 6 MLJ 585) where the High Court ordered and was affirmed by the Court of Appeal where a non-director non-shareholder to pay costs of the Companies Winding Up Proceedings.
Sean Chang
