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Litigation Law in Malaysia – FAQ

In Malaysia, there are several courts that handle litigation, depending on the nature and value of the claim. Here are some of the main courts that handle litigation in Malaysia:

  • What is litigation?

    Litigation is the process of resolving disputes through the court system. It typically involves filing a lawsuit and going through the various stages of the court process, including discovery, motion practice, trial, and potentially an appeal.

  • When should I consider hiring a litigation lawyer?

    You should consider hiring a litigation lawyer when you have a legal dispute that cannot be resolved through negotiation or alternative dispute resolution methods. If you have been served with a lawsuit, it is especially important to hire a litigation lawyer to help you respond to the lawsuit and protect your rights.

  • How much does it cost to hire a litigation lawyer?

    The cost of hiring a litigation lawyer can vary widely depending on a number of factors, such as the complexity of the case, the amount of time the lawyer expects to spend on the case, and the lawyer’s hourly rate. Many litigation lawyers work on a contingency fee basis, which means that they only get paid if they win the case.

  • What is the discovery process in litigation?

    Discovery is the process by which the parties to a lawsuit exchange information and evidence related to the case. This can include written requests for documents, depositions, and other methods of gathering evidence. The purpose of discovery is to ensure that both parties have access to all relevant information and evidence before trial.

  • What happens if I lose a lawsuit?

    If you lose a lawsuit, the court may order you to pay damages to the other party. The amount of damages will depend on the nature of the case and the specific facts involved. If you are unable to pay the damages, the other party may take steps to collect the judgment against you, such as garnishing your wages or placing a lien on your property.

  • Can I appeal a court decision?

    Yes, if you are not satisfied with the outcome of a lawsuit, you can typically appeal the decision to a higher court. The appeals process can be lengthy and expensive, but it may be worth pursuing if you believe that the court made an error in its decision. It is important to consult with an experienced litigation lawyer if you are considering an appeal.

  • Which court handle litigation cases in Malaysia?

    In Malaysia, there are several courts that handle litigation, depending on the nature and value of the claim. Here are some of the main courts that handle litigation in Malaysia:

    1. Magistrates’ Courts: These are the lowest level of court in Malaysia and handle civil and criminal cases where the claim amount does not exceed RM100,000.

    2. Sessions Courts: These courts handle civil and criminal cases where the claim amount is between RM100,000 and RM1 million.

    3. High Courts: There are two types of High Courts in Malaysia – the High Court of Malaya and the High Court of Sabah and Sarawak. These courts handle civil and criminal cases where the claim amount exceeds RM1 million.

    4. Court of Appeal: This is the second-highest court in Malaysia and hears appeals from decisions made by the High Courts.

    5. Federal Court: This is the highest court in Malaysia and handles appeals from the Court of Appeal. The Federal Court also has original jurisdiction over certain types of cases, such as disputes between states or between the federal government and a state.

In addition to these courts, there are also specialized courts in Malaysia that handle specific types of cases, such as the Industrial Court for labor disputes and the Shariah Courts for Islamic law matters.

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