RULES OF THE COURT

OF APPEAL
(AMENDMENT) 2018
1) CITATION AND
COMMENCEMENT
2) GENERAL AMENDMENT
 3) AMENDMENT OF RULE 12
• Time limit for appeal
 4) AMENDMENT OF RULE 17
• Entry of appeal
earlier As of March 2018
4 copies of NOA yes yes

File at Court of yes yes

previous decision
Prescribed fee yes yes
RM 1000 as security yes no
for cost of appeal
Court may order yes no
further amount if it (unless applied by
thinks fit respondent and the court
thinks it is right)
Govt of Malaysia & yes yes
State govt excluded
from security for
cost of appeal
 5) AMENDMENT OF RULE 18
Memorandum of appeal
Rule 18 Subrule (4)(e) (Earlier)
• If court allows, the absence
of written judgement,
ground of decision or
agreed notes (even if they
were available within the
time limited for filing of
appeal) shall not prevent
appellant from proceeding
his appeal
Rule 18 Subrule (4)(e) (As of March
2018)
• The absence of written
judgement, ground of
decision or agreed notes
(even if they were available
within the time limited for
filing of appeal) shall
prevent appellant from
proceeding his appeal
 Cont/
Rule 18 subrule 7A (Earlier)
• If any copy of the
documents specified in
subrule 4(b)(d)(e) is not
available within 8 weeks
after the entry of the
appeal, the appellant shall
file the copy of the
documents as
supplementary records of
appeal within 3 weeks after
availability was notified.
Rule 18 subrule 7A (As of March 2018)
• If any copy of the documents
specified in subrule 4(b)(d)(e)
is not available within 90
days from the date on which
the decision appealed
against was given, the
appellant shall file the copy
of the documents as
supplementary records of
appeal within 3 weeks after
availability was notified.
 cont/
Rule 18 Subrule (7) (earlier)
• Record of appeal consisting
Memorandum of appeal
and copies referred in
subrule (4) shall be filed at
registry within 8 weeks
after the entry of appeal
Rule 18 Subrule 7 (as of March 2018)
• Record of appeal consisting
Memorandum of appeal
and copies referred in
subrule (4) shall be filed at
registry within 90 days from
the date on which decision
appealed against was
given
 cont/
• New subrule for Rule 18 : subrule 7B
If any copy of the documents specified in
subrule 4(b) OR (e) is not available after 90
days from the date on which the decision
appealed against was given, the court may
order the appellant to proceed with his
appeal.
 6) DELETION OF RULE 26
• Rule 26 was titled as Poor persons and it got
deleted as of March 2018
 7) AMENDMENT OF RULE 28A
• Application for leave to appeal to the Court
-As of March 2018, all application for leave to appeal to the
Court shall be made by motion and filed with the Registrar
(Subrule(1))
-Affidavit in support of application shall contain: court where
suit started, brief description of action, date and order of 1 ST
instance court, date if order made at subordinate court, brief
statement on grounds to seek leave to appeal (Subrule(2)(i)(ii)
(iii)(iv)(v))
-Affidavit still may contain any other matter relevant (Subrule(3))
 Cont/
-If leave to appeal is granted, appellant shall file the
notice within 14 days from the date leave was granted
(Subrule(4)(a)) and the memorandum and copies of
document within 90 days from the date leave to
appeal was granted
-As such, court may allow respondent leave to file
cross appeal afer the entry of appeal within 10days the
record of appeal was served upon him. (Subrule(5)(a)).
Court also may determine the question to be tried in
the appeal and give direction. (Subrule(5)(b)(c)).
 8) NEW RULE 28B
• Application to review Court’s order
(Subrule(1)(2)(3))
-If leave to appeal is refused, where Court of
Appeal is the apex court, an application to
review that decision of refusal could be made by
Notice of Motion with prescribed fee. As such,
courts decision on this will be final and binding.
 9)AMENDMENT OF RULE 32
• Someone not admitted as poor under rule 31,
may apply to court for leave to proceed as
pauper. Subrule(1)
 Cont/
• -Subrule(2)
 Cont/
• Subrule (3)(4)
Registrar shall enquire the applicant to answer
questions on oath or affirmation and the copy
must served on every other party
Subrule(5)(6)
10) AMENDMENT OF RULE 36
11) NEW PART V OF CHAPTER FOUR

• Rule 105 Inherent powers of the Court

 12) AMENDMENT OF THE FIRST
SCHEDULE
FORM 4A
(Rule 32)

IN THE COURT OF APPEAL (Appellate Jurisdiction) Petition No. ………. of 20………. Between A.

B. ........................................................................ Petitioner and C.

D. ............................................................................. Respondent (In the matter of ……………………………. No.

……………………… of 20……………… in the High Court in ……………………………… at ………………………………………..

Between ..............................................................................................................................

and ...............................................................................................................................) Petition To the President of

Court of Appeal and the Judges of the Court of Appeal THE PETITION OF A. B. Shows: 1. 2. (as appropriate) 3. etc.

The petitioner therefore prays: (set out the relief asked for) Dated this ...................... day of ..................., 20............

Petitioner/Solicitor for the Petitioner The address for service on the Petitioner is

………………………………….............................
13) AMENDMENT OF THE SECOND
SCHEDULE
(rule 56)
Court Fees
RM

1. Notice of Appeal and Notice of Cross-Appeal 1,000.

00
2. Any interlocutory application 200.00
3. Memorandum of Appeal 150.00
4. On application preparing the Index 100.00
5. (a) Order on any interlocutory application 150.00
(b) Final order on appeal 300.00

6. Notice of Motion 200.00

7. Amended Notice of Motion 100.00
8. Search Fee 30.00
9. Notice of Motion for leave to appeal 1,000.
00
10. Notice of Motion for review against leave
application to appeal—
(a) First application 1,000.
00
(b) Subsequent application 2,000.
00
11. Notice of Motion for review against decision
in full appeal—
(a) First application 2,000.
00
(b) Subsequent application 4,000.
00
12. Photostat (copy/per pages) 4.00
13. Affidavit 20.00
14. Supplementary Appeal Record 50.00
15. Notice of Discontinuance 20.00
16. Certificate of Urgency 100.00
17. Certified true copy 4.00