{"id":8018,"date":"2020-12-03T12:28:27","date_gmt":"2020-12-03T04:28:27","guid":{"rendered":"http:\/\/alexchanglaw.com\/?p=8018"},"modified":"2021-06-07T10:23:34","modified_gmt":"2021-06-07T02:23:34","slug":"zooming-court-of-appeal-e-appellate","status":"publish","type":"post","link":"https:\/\/alexchanglaw.com\/index.php\/zooming-court-of-appeal-e-appellate\/","title":{"rendered":"Zooming in the Court of Appeal in e-Appellate"},"content":{"rendered":"\n

Introduction<\/p>\n\n\n\n

The e-Appellate system was introduced and  implemented by the Malaysian Judiciary on the 3rd<\/sup> of August 2020 for the Federal Court and 17th<\/sup> August 2020 for the Court of Appeal.  This was done so to ensure that despite the new operating procedures implemented namely the Movement Control Order (MCO), Conditional Movement Control Order (CMCO) and Recovery Movement Control Order (RMCO)  it shall not affect the public’s access  to justice. <\/p>\n\n\n\n

The stark\nmismatch between the traditional system and the e-Appellate system is that the\ncourts and parties are required to refer to the digital copies of documents\nduring written and oral submission, thus, hard copies are not heavily relied\nupon compared to the previous times, the aim of going paperless seems to be\nefficiently achieved. However, there are circumstances where the e-Appellate\nsystem cannot be implemented as the E-filing system cannot be accessed. For\nexample, in conditions where the party is representing himself whereby no\nlawyer is appointed, the case will then be conducted in the traditional way.<\/p>\n\n\n\n

Pre-Hearing Preparation<\/p>\n\n\n\n

  1. Before hearing, the counsel\nrepresenting the parties are required to e-file all the documents that are\nrelevant to the Court Registrar.<\/li>
  2. The documents obtained will be\ndownloaded and renamed by the Court Registrar according to the cover page of\nthe E-filing system.<\/li>
  3. An email attached with a Google\nDrive link will be sent to the parties to upload\/ download the relevant\ndocuments, 45 days or a month before the hearing date. The link would be made\navailable to all relevant parties to allow easy \naccess to documents  such as\nsubmissions, authorities, all records of appeal with the respective enclosure\nnumbers.<\/li>
  4. Counsel representing the\nparties will have to prepare their written submission or bundle of authorities\naccording to the enclosure numbers stated in the Google link. Pages shown in\nthe Google link will have to be further referred in the PDF documents when\npreparing written submission. <\/li>
  5. A Zoom invitation link will\nalso be received by the counsels despite the Google link mentioned above in\norder to \u201cshare screen\u201d during hearing. This will enable the counsels to share\nthe documents referred to during oral submission with the judge.<\/li><\/ol>\n\n\n\n

    During Hearing<\/p>\n\n\n\n

    1. The counsel will have to sign\nin via the Zoom invitation link on the hearing date, however, the hearings do\nnot start immediately as they will be put on hold in the waiting room of Zoom\nlobby before their case commence.<\/li>
    2. Internet access will be\nprovided in the court.<\/li>
    3. After connecting to the\nInternet, the Zoom screen name will be required to be renamed to case number\nand the name of the parties that the counsels are representing either the\nAppellant or the Respondent, for example, \u201c02(f)-8-02\/2020 (Appellant)\u201d.<\/li>
    4. The hearing will commence once\nall preparations are completed.<\/li>
    5. The counsels are required to\nstop the \u201cshare screen\u201d function by clicking the \u201cstop sharing\u201d button in order\nto allow the opponent party to share their documents while they done\nsubmitting.<\/li><\/ol>\n\n\n\n

      Tips for Counsel<\/p>\n\n\n\n

      1. Please make sure the screen is \u201cclean,\nneat and tidy\u201d before the hearing starts to prevent unnecessary mistakes  such as sharing the wrong screen or\naccidentally revealing sensitive information. <\/li>
      2. Counsel are advised to have\ndocuments required,  near, ready and\nopened before the initiation of the hearing.<\/li>
      3. Again, it is important that the\nbutton of \u201cstop sharing\u201d is clicked after submitting as this will only allow\nthe sharing of documents by the other party.<\/li>
      4. During hearing, the counsel are\nnot allowed to refer to their hard copies as there are minor discrepancies in\nthe page numbers and misunderstandings might therefore occur. (Page numbers and\nenclosure numbers are strictly required to be followed according to the\ne-filled documents, which are showed as the PDF version sent by the Court\nRegistrar via the Google Drive link.<\/li>
      5. Counsel are advised to ensure\ntheir electronic devices are in good condition.<\/li><\/ol>\n\n\n\n

        Conclusion<\/p>\n\n\n\n

                        The \u201cscreen share\u201d function plays an important role in the e-Appellate system, as it manages to   effectively allow all parties, counsel and judges to refer to the same page  at the time (provided there are no problems with the internet), this prevents the counsels from flipping through the bundle while it is easier for them to refer to the documents by immediately scrolling through the documents. <\/p>\n\n\n\n

        <\/p>\n","protected":false},"excerpt":{"rendered":"

        Introduction The e-Appellate system was introduced and  implemented by the Malaysian Judiciary on the 3rd of August 2020 for the Federal Court and 17th August 2020 for the Court of Appeal.  This was done so to ensure that despite the new operating procedures implemented namely the Movement Control Order (MCO), Conditional Movement Control Order (CMCO) […]<\/p>\n","protected":false},"author":1804,"featured_media":7779,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[67],"tags":[84],"_links":{"self":[{"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/posts\/8018"}],"collection":[{"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/users\/1804"}],"replies":[{"embeddable":true,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/comments?post=8018"}],"version-history":[{"count":4,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/posts\/8018\/revisions"}],"predecessor-version":[{"id":8022,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/posts\/8018\/revisions\/8022"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/media\/7779"}],"wp:attachment":[{"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/media?parent=8018"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/categories?post=8018"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/tags?post=8018"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}