Jaya's Civil Trial Handbook : Essential Practice & Procedure for Malaysian Courts - Jayabalan Raman Kutty - Coming Soon August 2025 - Pre Order Now!!!

About the Book 

This handbook serves as a practical guide for civil litigation practitioners, covering the three key stages of a civil suit pre-trial, trial, and post-trial. It is designed to offer concise guidance and quick reference on essential practice and procedural issues that lawyers frequently encounter, with useful notes and forms under Annexure for practical guidance. 

Part I – Pre-trial focuses on preparation for trial. This part addresses key issues that lawyers face in preparing their case for trial. Amongst others, appreciating the importance of pleadings for purposes of trial, amendments, case management, compliance with pre-trial directions, preparing cause papers for trial such as agreed bundle of documents and witness statements, securing further particulars by way of discovery and interrogatories, handling interventions and seeking extension of time when there has been a non-compliance with the pre-trial directions.        

Part II – Trial explores key issues that arise during the trial itself. Amongst others, understanding the role of the trial judge in an adversarial system, responsibilities of solicitors as officers of court and managing parties’ absence at the trial. This is followed by an understanding of the law and mechanics of burden of proof at trial, key principles concerning witnesses, rules on examination of witnesses, resolving conflicting versions and determining credibility of witnesses, admission of expert evidence and the importance of legal professional privilege. Next comes the method to adduce documentary proof and computer-generated documents, parol evidence rule and raising objections at trial. An explanation on the types of damages commonly sought and proving them follows next.  This part concludes with the author’s suggestion on key considerations when preparing post-trial submission in order to effectively assist the court in the determination of the issues in dispute.

Part III – Post-Trial deals with issues that soon arises following the decision after trial. This includes extracting the judgment with its related reliefs and determination of the party-and-party costs. This is followed by the procedure for stay of execution  and stay of proceedings when there is an appeal. The appeal procedure and cross-appeal is outlined. In advising the client to appeal one has to consider the reasonable chances at the appeal in which case an appreciation of the principles of appellate intervention by the appellate court becomes necessary and this is addressed at the final section of this part.      

Lastly, at the end, an Annexure is added that provides guidance notes on several practical issues that civil litigators regularly face. The annexure also includes forms and precedents that litigators especially the younger ones will find useful.

Key features of the book

• Pre-trial preparations – pleadings, case management, key pre- trial directions, guidance on preparing agreed bundle of documents, agreed issues, witness statements and expert’s affidavit
• Role of trial judge, counsel, witnesses of fact and opinion, managing the witness and expert evidence.
• Handling the trial, common issues during trial, burden of proof, adducing documents, oral evidence, expert opinion and managing objections.
• Preparing written submission, issues in relation to decision, judgment and costs, stay of execution and proceedings
• Appeal procedure, preparing appeal record and understanding the principles of appellate interference.