Malaysian Civil Court Procedure

Note 4 of 4 Notes

Universiti Kebangsaan Malaysia

Fakulti Undang-undang

Musbri Mohamed
DIL; ADIL ( ITM )
MBL ( UKM )

1
Proceedings At Trial

Failure To Appear

Ord.35 r.1(1)

When the trial of an action is called on

and neither party appears, the action
may be struck out of the list (list of
cases for the day). However, the case
can be restored back if there is any
good excuse i.e. flood, accident etc.

Ord.35 r.1(2)

Where one party does not appear, the

judge may proceed with the trial of the
action or any counter claim in the
absence of that party.

2
Ord.35 r.3

This is the general powers of the judge to

adjourn the hearing as he thinks fit in the
interest of justice to another day. It does not
say under what circumstances that the judge
may adjourn. It just says that if a judge
thinks it expedient in the interest of justice.
This discretionary power of the judge is very
wide.

Ord 35 r.2

A judgment or order obtained in the absence

of the other party may be set aside an
application to court. If made within seven
days. The court may award costs against the
party in default.

3
Order of Speeches – Ord 35.r.4

There are two types of speeches i.e. short speech and long speech. Short speech
is where the party may want to say something to judge before a case is heard
i.e. submission by the parties. Here both parties argue points of law and facts at
the end of the case.

Ord.35.r.4 (1)

Judge may give direction as to which party begin the case. In practice very
seldom the judge does this. He gives it to the solicitor becox they know who
should begin case.

Ord.35.r(2)

P shall begin the case by opening his case, by making a short speech. The P
solicitor will rise and tell the court what the P’s case is, how many witnesses he
propose to call, what is the issues that he has. Then he will call his witnesses to
give evidence.

4
Ord.35.r.4(4)

If D elects to adduce evidence, he may after

any evidence on behalf of the P has been
given, open his case. And then after D give
his evidence he may make a second speech
(long speech) closing his case. Then, the P
may make a speech (long) in reply and close
the case.

Note : Mode of examining witnesses

When the P give his evidence, the evidence
adduce in examination in chief is subject to
examination by the other party and to re-
examination. He next calls the evidence of
his witnesses, the process of cross
examination being repeated. After he has led
all the evidence he has, he closes his case.
The process is repeated while D given his
evidence.

5
Ord.35.r.4(3)

If the D elects not to adduce evidence then

whether or not the D has in the court of
examination of a witnesses for the P or
otherwise put in a document the P may
after the evidence on his behalf has been
given make a 2nd speech closing his case
and the D state his case.

(If D elects not to adduce evidence it is the

P who has to make his 2nd speech (long) to
close his case. Then after that D can make
long speech.)

6
Ord.35.r.4(7)

When the party making final speech raises a

fresh point of law the opposite party may make
further speech in reply but only in relation to
that fresh point.
E.g. if D brings in a new points of law during
his speech then the P may reply on that point.

Ord.36.r.6

Where a party of any action dies after the

findings of fact and before the judgment is
given, the judge may give his judgment not
withstanding the death.

7
Ord.36.r.11

When a judge who has commenced a trial of any

proceedings is unable due to death or illness or another
cause to conclude the trial, the case may be continued
another judge who may recall any witnesses or the case
may be heard denovo. In other words all over again.
E.g. The party will be asked whether the case can be
continued by another judge. If one of the parties disagree
then the case will be denovo.

At the conclusion of trial judge will give his judgment at

the end of the case either :-

On the same day or

Adjourned the case for another date.

*The judgment must be pronounced it open court in the

presence of parties.

8
The New India Assuarance Company Ltd v Karam Sigh [1972] 2MLJ 26

The appelants/plaintiffs’ claim was for the return of $1,522.67 paid to the
respondent/defendant under a mistake of fact on the ground that the
respondent made a false and frudulent claim under policy of insurance in
respect of the respondent’s motor car.
The plaintiffs filed an action in the sessions court on 25 June 1967 for the
recovery of the size sum, but which action was dismissed as neither the
plaintiffs’ representative nor their solicitor was present in court on the date
of the hearing. On 25 November 1968, the plaintiffs’ application under
Ord.9 r.2.3(3) of the Subordinate Court Rules, 1950, for the setting aside of
the order dismissal with costs.
On 31 May 1969, the plaintiffs’/appelants commenced the present action in
respect of the same subject matter. On 28 August 1969, the learned
president ordered that the suit be dismissed with cost on the ground that the
court was functus officio

9
The plaintiffs appealed. Allowing the appeal :-
(1) The learned president became functus officio as regards the earlier
action on his refusing the appellants’ application for its reinstatement,
but he did not become The learned president became functus officio as
regards the real dispute between the parties which he never tried;
(2)Since the matter substantially in issues between the parties in the
earlier action had not been heard and finally determined by the learned
president, the plea of res judicate was not available to the respondent
in the present action.
(3)Therefore, the order appealed from must be set aside, and the
learned president must hear and determined the action.
* functus officio - the magistrate function has been completed after he
has made his decision (it talks about judge who makes decision)
* res judicate – when a matter has been finally adjudicated upon by a
court of compelent jurisdiction it may not be reopen or challenged by
parties or their representative (it refers to case itself)

10
Thye Lam v Eastern Shipping [1960] 26 MLJ
This matter came before the Court under Ord 25.r.2 of the Supreme Court, 1967
for the determination of the preliminary point of law raised by the defendant. In
their pleadings, that the plaintiffs claim was barred by limitation of time in that
the suit was not instituted within one year from the date when the cause of action
across.
Held: the time of limitation must succeed, as the suit was not instituted within the
period prescribe by the Hegue Rules in corporated in the Indian carriage of
Goods by Son Act 1925.

Lim Ker v Chew Seok Tee [1967] 2MLJ 253

The judge is not allowed in a civil action to call a witness without the consent of
the witness.
Note : Recalling witnesses may be for various reasons i.e. to clarify certain
matter or to clear contradictory evidence given. Any party can recall his witness
to give evidence however it is the discretion of the court and normally the court
will allow. The other party must be given chance to examine. Same goes to
calling further witnesses.

11
Rule Of Submission Of No Case To Answer

At or after the conclusion of the evidence for

the P the D must decide whether to call
evidence or whether to submit that he has NO
CASE TO ANSWER. If D submit no case to
answer, the judge will not ordinarily decide till
the D undertakes and informs the court that he
does not intend to adduce any evidence and that
he intends to rely on the submission alone. Then
the judge will decide.

Goh Ya Tian v Tan Song Gou [1981] 2MLJ

317

If at the end of P’s case counsel for D wishes to

make submission of NO CASE TO ANSWER
the judge should refuse to rule on it unless
counsel for D elects to call no evidence.

12
Trial

Introduction

It is important to distinguish between hearing in chamber and hearing in open

court.
(a) Hearing in chambers is hearing of application through affidavit e.g.
application for summary judgment, injunction, struck out, amendment of
pleadings. Here the evidence are in the form of affidavit.
(b) Hearing in open court there is a claim by the P and there is a defense by the
defendant. In trial witnesses are called to give evidence. Many rules of evidence
are applied.
The action is now ready for hearing. The pleading have been looked at and any
amendments necessary have been made. Consideration was given whether or
not the action should be withdrawn or settled.
Direction of the court in a summons for direction has been asked. In this stage it
remains to consider:
(a) the mode of trial: Ord.33
(b) setting down the trial of an action begun by writ : Ord.35
(c) the conduct of the proceedings at the trial Ord.35

13
Mode Of Trial : Ord. 33

Ord.33 r.1
There are three mode of trial namely:

Trial before a judge sitting alone

Trial by a judge with assessors

Trial before a registrar

The most common mode is by a judge sitting alone. In simple cases the
matter can go before a registrar e.g. an order 14 for summary judgment
with a right of appeal to judge. The trial with help of assessors is held
when authorized by statutes e.g. In a land acquisition case or by the
rules as in admiralty case (shipping).
The mode of trial usually have been determined in the summons for
direction.

14
Trials Before & Inquiries By
Registrar - Ord 36

Ord 36 r.1 : A party may apply for trial

of any cause or matter to be before the
registrar on the grounds of expedition,
economy or convenience and the court
may in its discretion make such order
having regard to the nature of the case.

Ord 36 r.2 : Where the parties consent

the court will more readily make the
order.

15
Setting Down For Trial

This is done in a summon for direction and is

necessary for getting a date for the hearing of
the action.
Ord.34 r.2
On all matters raised at the summon for
direction have been resolved, the court will
order the P to set down the action for trial
within specified period so that a date for trial
may be obtained from the registry.
Ord.34 r.2(3)
An action set down for trial must contain an
estimate of the trial and approximate number of
witness.
An action is set down for trial so that the date
may be obtained from the registry. As to what
date will be opened will depend on the state of
court calendar and estimated length of trial.

16
Procedure

Ord.34 r.3(1)
To set down a matter for trial, the party must
deliver to register in Form 63 a request that the
action be set down for trial together with bundle of
documents for the use of judge consisting of one
copy of each following documents:

(a) the writ

(b) the pleading, any notice or order for particular

or particulars given; and

(c) all orders made on summons of direction

17
Ord.34 r.3(2)
The bundle must be bound up in proper chronological order and be
indorsed with names addresses telephone numbers of solicitors or if a
party is not represented of that party.
Ord.34 r.5
Once action is set down for trial the other parties to the action must
notify in Form 64 of this within 24 hours in a(notification) of setting
down action.
Ord.34 r.7
Notice of trial may be given by P at any time after reply has been
delivered or after the time of delivery of reply has expired.
Ord.34 r.8
D may apply for notice of trial or apply for dismissal of the case.

Ord.34 r.2(2)
Default – if the P does not set the action down for trial, the defendant
may do so, or may apply to the court to dismiss the action for one of
prosecution in which the court may make any order which it thinks fit.

18
Want Of Prosecution

If the P failed to take required steps in the action such as

filing and serving the statement of claims, exchanging
his list of documents, issuing process for summons for
direction or setting down the action for trial, the action
may be dismissed.
In practice the courts are reluctant to make such a drastic
order unless it is just in all circumstances.

Lim Heng Hoo v Tan Hock Hai[1974] 1 MLJ 101

P had failed to enter action within prescribed time, the
prolonged and in excusable delay on the part of P which
seems to be intentional had prejudiced the defendant.

19
Subpoena To Witness

There are two types of subpoena i.e.

(a) for oral evidence

(b) for producing documents

Please also refer to Order 38 r.14 to 23

20
Expert Witness

EW is not a witness of fact but a witness of

opinion (OW). So some of the rules applying
to other witness will not apply to EW. The
tips are:

(a) We can shop around for an EW who gives

evidence most favourable to our side.
(b) We may pay him a fee on his expenses in
preparing an EW. IT is our responsibility to
ensure that he is an expert. This might depend
on his experience or academic qualification, it
is up the court at the end to accept him as an
expert or not. But the court easily is not
concern with this. If he is not an expert this
will do more harm to our case. It is rare for
the court to declare & witness not an expert
and reject his evidence.

21
Difficulty is in determining an
EW as an experience witness
than academically qualified
one . First takes time to
satisfy whether he is an
expert. Usually we could
determine this by ensuring
whether he had been called as
an EW before in the previous
trials. If he had been so than
at least the court would have
recognized him.

22
An academically qualified EW will help and easy our job more. The only
thing is that we have to spend time with them to furnish the fact the case
so that they can give their opinion on the facts Thus, an EW differs from
a witness of fact as the former is not acquainted with facts of the case as
compared to the latter.
We must be careful as allegation for presumption of facts (given by the
EW) differs from the real facts itself. So we better warn the expert on
this as the conclusion made by the expert based on the tested facts may
be different from the real fact.
We must appraise or inform them on every point made on every fact
alleged by our side and the other part. Then tell to the EW on what areas
of advertise we requires his expertise.
For e.g. for personal injury we can call the orthopedic surgeon and
inform him the injuries as stated in the medical report, though we could
see the physical injury but we still need his opinion on the patient's
condition on how long it will last. Then the expert might be called by the
other side.

23
Preparing For Civil Case

In civil case there is an exchange of expert

report before the trial. We can show the
other side’s expert report to out expert and
get his respond to the other side’s view.
We even can get his assistance on how to
exam the other side EW in order to
develop question for the examine.

An expert can also be called by the court.

The CJA and rules of procedure are
relevant here. The court may appoint EW
from the suggestion of the parties of by
court of its own motion. The experts duty
is to assists the court of things the court
not acquainted with.

24
His report produced after his investigation has to
be shown to the parties. Sometimes we can
cross-examine the expert. The court's EW is
different from EE called by each respective
party, as in the later the EW is loyal to each side.
We must take care of selecting EW. Don't be
impressed with academic qualification because
he may not shine as a witness.

Many EW are reluctant to be involved because it

means finding fault with the words of other
experts. Our task is to establish an alternative
explanation. We can also get the sympathy of the
court when we try so hard to show the EW is
good.

25
Security

Security For Cause – S.23

Ord.23.r.1(1)&(3)
The court may order that a person who institutes a claim such
as a P or a D in respect of his counter claim give security for
the other party costs of the action.
The basis of this principle is that the person defending the
claim may not otherwise recover his costs from the claimant,
should the former succeed. Eg P brings a claim. D upon
filing statement of defence apply for security of costs from P.
if in case D bring a counter claim. Then P may make an
application for security for costs.

26
In its determination of whether the order should be made, the
court is directed first of all to consider whether the circumstances
of the case, come within one of the four prescribed categories.
They are as follows:
1)The P is ordinarily resident out of jurisdiction
2)The P is nominal P suing the benefit of some other person and
there is reason to believe that he will be unable to pay the costs of
the defendant if ordered to do so.
3)The entrance of the P’s addresses is not stated in the writ or is
incorrectly stated – Ord.23.r.1(2)
4)The P has changed his address during the cause of the
proceeding with a view to evading the consequences of the
litigation.

27
Od.23.r.1(1)
Secondly the court is required to have regard to all the circumstances of the
case in deciding whether it is just to make an order that security be given. If
it does so decide it must then determine what is the just amount.

Ord.23.r.2
The security is to be given in such manner at such time and in such terms as
the court may direct. Eg P to place title of land as security or court also may
order P to prepare a guarantor in case of fails in his action the guarantor will
pay the costs.
Lee Swee Hua v American Express International
Most application for security involves P who is ordinarily resident out of the
jurisdiction.
The risk here is that if he has no asserts, within the jurisdiction, he can
easily avoid paying the D costs should the D succeed.

28
Kasturi Palm v Palmex Industries
As both conditions laid down by the rules must operate the fact
that he is ordinarily resident out of the jurisdiction is not alone
sufficient basis for the order.
For instance, it may not be just to order security if the D has an
obviously weak case or if the order would have an oppressive
effect.
The remaining three categories also concern circumstances in
which there is tangible risk that the D will not recover his costs
should he succeed.
In respect of the second category, not all nominal Plaintiffs
will be subject to such an order. The rule itself excludes P s
who sue in a representative capacity and it has been held that
trusty in bankruptcy cases cannot be ordered to give security.

29
Ord.23.r.1(2)
With regards to the third category, it is not sufficient that the P’s address is
not stated or incorrectly stated in the writ. If the P satisfies the court that the
omission or error was made innocently or without intention to deceive, he will
not be ordered to give security.

Similarly, it is not enough for an order to be granted in the case of last

category on the basis that the P has changed his address in the course of
proceeding. The court must satisfied that, he did this with the intention of
evading service.
Ord.23.r.1(3)
The rule do not allow an order for security for cause to be made in favour of D
in respect his counter claim.

30
Evidence
Procedure relating to evidence is in
Ord.38.r.1.2.6.10.13.14.15.16.17.18.19.20.22.23

Adducing evidence by examination in Chief

1) Examination In Chief (EiC)

EIC is the procedure by which a witness is questioned in court by the party who
calls him (usually by solicitor) so that the witness's evidence, in the form of the
oral answers he give in response to those question may be adduced before the
court. The objective of EiC is to elicit favorable evidence to support the party's
case to achieve the purposes of Etc it is necessary to observe a number basic
principles and necessary approaches.

The general practice is to examine the witness chronologies and approach

which is advantages in several respect. This approach is suited to those cases
which involve incidents such as torts, accident and crime. Where the witness
will describe the incident one by one till end. Usually it start with witness
introducing his personal identity, then stating the background facts and the facts
which constitutes the series of incident leading up to the incident, the facts
subsequent to the occurrence of the incidents.
31
Non chronological manner is for testimony with regards to character of a
person etc. Questions must be prepared early. The Q & S should control the
witness but he cannot use excessive control. Leading question (question
suggesting answer) may not as a general rule be asked in EIC and in Re
examination. In certain situation leading question is allowed with permission
of court i.e. introduction, or matters not in dispute.

A witness may forget certain details about the evidence he intended to give, in
such case he may refresh his memory by referring to any written statement
which he had made earlier but the other party may refer to what has been
referred. Unfavorable or hostile witness- generally the person who calls his
witness cannot cross examination him unless the court has discretion to allow
it if the witness has contradicted what he has said previously with regard to
the fact in issue. The procedure is to ask whether he had made previous
statement, then he submit to court the statement and apply for leave to cross
examine.

32
(2) Cross Examination (CE)

The purpose of the cross examination is to test the reliability and accuracy of a
witness so that a just decision can be made. Reliability can only be determined if
the other party challenge each other's evidence so that weakness may be exposed.
The essence of CE is to expose the EIC of a witness, to scrutiny with a view to
weaking or netralising its effect. *

CE generally takes the form of :-

(1) Eliciting facts which support the C/examiner's case or discrediting the witness
EIC.
(2) Raising facts not brought up in the EIC which are consistent with the cross
examiner’s theory of the case.
(3) Developing certain aspects of the EIC with a view to supporting the cross
examiner's case.
(4) Asking questions for the purpose of setting a foundation.

33
(3) Re-examination (RE)

After the CE, the witness will be re-examined by the party who calls him.
The rule provides RE shall be directed to the explanation of matters referred
to in CE. lt means that A & S cannot raised new evidence but the court may
allow to do so if it is justified by circumstances .Here the other party is
given chance to cross examine.
Therefore there 2 requirements needed:-
(a) It must concern a matter raised in CE and
(b) It must explain the matter.

Agreed Bundle

The parties will try to agree to a number of documents which are material to
the case. The agreement usually extend to only authenticity of document but
not as to the truth of the content, so that the parties still have to call the
maker of the statement in this documents to prove their truth.

34
Appeal

Introduction

Appeal may be termed as application to

appellate court by an aggrieved party to an
action, seeking to set aside or reverse a
decision of a court subordinate to the
appellate court. O. 49 R.1 says a decision
includes a judgment or order for decree.
Generally there are two rights of appeal:
1. Subordinate court > HC > COA
2. HC > COA > FC.

35
Appeal from Subordinate Court to High Court

S27CJA
Hearing of appeals from Subordinate courts is within the appellate civil
jurisdiction of HC.

S28CJA
1. A party cannot appeal from subordinate court to HC
2.If the value of the matter is less than RM 10000 except on question on
law
3. Or if a written law otherwise provide.
4. A party can appeal to High Court regardless of the value involved
where the claim involves maintenance of wives and children.
*The sum of RM 10 000 does not include costs and interest.

36
Nature of Appeal

S29CJA
The High Court conducts the appeal by way of re-hearing. It has all the powers
and jurisdiction that are vested in the COA when it hears appeal from the HC.
The procedure is set out in 049 of Subordinate Court Rules read together with 0
55 of RHC.

In The Subordinate Court

1. Notice Of Appeal
The Appellant will file a notice of appeal in form 140 in the Subordinate Court.
This should be made within stated days from the date of decision. ( 0. 49 r 2
SCR ). The registrar of the Subordinate Court will send the notice of appeal to
the Registrar of HC. O 49 r 2(1). The notice must be served on all parties
directly affected by the appeal or their respective solicitors within that 14 days.
Hoe Joo Sawmills v Sioma (AC) Sdn Bhd. (1979) 2 MLJ 236
Service of Notice is essential to initiate appeal. Filing of a notice is not
sufficient. Unless the notice of appeal is served (and not merely filed) the court
may refuse to make an order on an application, for eg to extend time. Court may
refuse to make an order. The notice must state whether the appeal is in respect of
the whole or part of the judgment or order, and if part of the order it must state
which part.

37
2. Subordinate court will now prepare:-
a. notes of evidence
b. certified copy of the judgment/grounds of judgment (judgment here it
means grounds of decision in which the magistrate had written during the
trial and has been read. Whereas the grounds of judgment is not written
by him until a notice of appeal is made.)— 049 r2(2)

3. O 49 r 2(5) - The Appellant

The Subordinate Court notifies the Appellant in form 141 that above
documents are ready within 14 days of this notification.
a) Deposit in the subordinate court a sum which will cover the cost of
preparing a sufficient numbers of copies of the Record of Appeal ( if
prepared by solicitor then no need to pay this amount ) When the record
of appeal is ready the appellant must pay a fee for the appeal record with
an amount fixed by the registrar AND
b) Lodge in the same court RM 250 or ( a lesser sum if so ordered ) as
security for the costs for appeal.

38
4. Once these requirements have been complied with the
appeal record must be prepared

Documents included in the Record Of Appeal:

a. Pleadings
b. Notes of Evidence
c. Grounds of Judgment ( the absent of the ground of judgment
does not prevent the appellant from proceeding hid appeal )
d. The decision
e. Notice of appeal
f. all such documentary exhibits and other documents the parties
considered relevant for the purpose of appeal.

39
5. Record Of Appeal – Preparation

1. In the case of unrepresented person or poor person it is the court

(magistrate) will prepare the requisite number of copies of the Appeal Record
-O49 r3(l) SCR
The court will notify him as soon as the appeal record is ready in form 141
-O49 r3(2) SCR.

2. If the appellant is represented by a solicitor-

The solicitor will prepare the Appeal Record and no need to pay the fees
In both cases a copy of Record Of Appeal to be served on the Respondents.

In The High Court

Once the Record Of Appeal is received by Registrar of High Court he will

enter the appeal in the list of appeal from subordinate court which is known as
Register Of Appeals- O55 r.1 RHC - This commences the HC process*

40
6. Memorandum Of Appeal

It is a document that contains grounds of appeal filed In Form 113A.

This is an important document because parties are only allowed to

argue on grounds of appeal as appears in this document.
a. The appellant If represented by a solicitor he must file in duplicate a
memorandum of appeal in HC within 14 days from the date of service
of the notice that the certified copies of the judgment / ground of
judgment O55 r2(l) RHC & O49 r2(4) SCR
b. If he is unrepresented or a poor person the memorandum must be
filed within 14 days from the date that he is served with the notice that
the appeal record is ready O5S r2(l) RHC & O49 r3(2) SCR

41
A copy of Memorandum and Appeal Record must also
be served on each Respondent within this period -
O55r2(2) RHC

The Memorandum of Appeal may be dismissed if :-

1. it is not drawn up correctly or

2. not filed or served within the prescribed period and
3. the delay is not explained to the satisfaction of court
-O55 r4(2) RHC

42
7. Cross Appeal

O 55 r 3 - The Respondents may file a cross appeal to contend

on the hearing of the appeal that the decision of Subordinate
Court should be varied. (Reply the original appeal or cross
appeal) The respondent must file and serve on the appellant
notice of cross appeal in Form 1138 within 7 days from the
date of service on the Respondent of the memorandum of
appeal.

Note : O55 r4 (l) RHC - The memorandum of Appeal, Notice

of Cross Appeal and Other part of the Record Of Appeal may
be amended at any time as the court thinks fit.

43
8. Hearing Of appeal

If The appellant does not appear in person or by

his advocate on the day of the hearing the court
will dismiss the hearing. However the court may
proceed to hear the cross appeal. If It is the
respondent who falls to appear either In person
or by his advocate the court may proceed to hear
the appeal unless it sees fit to adjourn the
proceeding O55 r5(2)RHC ( The court may hear
or postpone the case).

If the appeal is dismissed or allowed in the

absent of a party he may apply to HC for
rehearing of appeal. The HC may restore the
appeal if it is satisfied with the reason for absent
given -O55 r5(3)RHC
The provision applies mutatis mutandis to cross-
appeal -O55 r 5(4)RHC

44
The appellant may withdraw his appeal prior to
the hearing by filing and serving a notice to the
effect on the other parties ) that he does not
wish to pursue the appeal further. O55 r 6(1)
81(2) RHC. The appeal will be deemed to be
withdrawn and struck- out of the list of appeals
if the parties signed the consent of the
withdrawal. In this event the sum paid in court
as security for costs is paid out to appellant
-O55 r 6 ( 3)RHC

If the consent is not forthcoming the appeal

remains. In the list and any outstanding issues
between the parties including matters of costs
will be heard. -O55 r 6(4)RHC. (If the appeal
is withdrawn without consent of Respondent
the court will assess the cost of the respondent)

45
The answer for Note 3 of 4 Notes ………..
how I passed the civil procedure examination is
simple.
First , the exams were somewhat easier in those
days i.e 1982 then they are now in 2010.
Secondly , I learned my notes more or less
parrot fashion , and used the word
“contumacious” liberally in my essays. The
actual pleadings were cobbled up , and I hoped
that the results would be sufficiently legally
“streetwise” to get me through. They apparently
were. But I knew as they say in Russia,
from nothing.
Thank You.
Musbri Mohamed ;
Aged 48 Years in 2010

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