Malaysia Process Service: Rules, Laws, and Court Procedures

I. Introduction

Malaysia, a Southeast Asian country known for its diverse culture and rapidly growing economy, has a legal system based on a combination of common law, Islamic law, and customary law. For legal professionals, businesses, and individuals who need to serve legal documents in Malaysia, it is essential to understand the country’s process service rules and laws. At Undisputed Legal, we have extensive expertise and experience in navigating Malaysia process service rules, regulations and providing reliable service of legal documents. This comprehensive guide will explore Malaysia process service rules, highlighting how our team can assist you with your process service needs in this jurisdiction. Click here for information on How To Serve Legal Papers Internationally

II. Malaysia’s Legal System and Court Structure

A. Legal System: Malaysia’s legal system is based on a combination of common law, Islamic law (Sharia), and customary law. The Federal Constitution is the supreme law of the land, and it establishes a dual justice system consisting of civil courts and Sharia courts. Click here for information on the Code of Civil Procedure in Malaysia.

B. Court Structure:

  1. Magistrates’ Courts
  • Handle civil cases with a value of up to MYR 100,000 and criminal cases with a maximum sentence of 10 years imprisonment
  • Located in various districts throughout Malaysia
  1. Sessions Courts
  • Handle civil cases with a value between MYR 100,000 and MYR 1,000,000 and criminal cases with a maximum sentence of 14 years imprisonment
  • Located in each state and federal territory of Malaysia
  1. High Courts
  • Handle civil cases with a value exceeding MYR 1,000,000 and serious criminal cases
  • Have original and appellate jurisdiction
  • Located in Malaya (Kuala Lumpur), Sabah (Kota Kinabalu), and Sarawak (Kuching)
  1. Court of Appeal
  • Hears appeals from the High Courts
  • Located in Putrajaya
  1. Federal Court
  • Highest court in Malaysia
  • Hears appeals from the Court of Appeal and has original jurisdiction in certain matters
  • Located in Putrajaya

Our team at Undisputed Legal has a thorough understanding of Malaysia’s court structure and can assist in determining the appropriate court for serving legal documents. Click here for information on How To Serve Legal Papers in Malaysia.

III. Service of Process in Malaysia

A. Service by Personal Delivery: In Malaysia, service of process is primarily carried out by personal delivery. A process server, who can be a private individual or a court official, hand-delivers the documents to the recipient. Personal service is considered effective when the documents are delivered directly to the recipient or, in some cases, to a person of suitable age and discretion at the recipient’s residence or place of business. At Undisputed Legal, our team of skilled process servers ensures that your legal documents are properly served in compliance with Malaysian laws.

B. Service by Registered Post: If personal service is not possible or practical, Malaysian law allows for service by registered post in certain circumstances. The documents must be sent by registered post to the recipient’s last known address, and proof of delivery must be obtained. Service by registered post is considered effective on the date the documents are delivered. Our team at Undisputed Legal can assist in ensuring that service by registered post is carried out effectively and in accordance with Malaysian law.

C. Substituted Service: In cases where the defendant’s whereabouts are unknown, and personal service or service by registered post is not possible, the court may grant an order for substituted service. Substituted service may involve posting the documents at the recipient’s last known address, advertising the notice in a local newspaper, or any other method the court deems appropriate. We can assist in applying for a substituted service order and ensuring that the alternative methods of service are carried out in accordance with the court’s order.

D. Service Outside Malaysia: When a recipient is located outside Malaysia, service of process must be carried out in accordance with international laws and treaties. Malaysia is not a signatory to the Hague Service Convention, but it has bilateral agreements with several countries regarding the service of legal documents. In the absence of a bilateral agreement, service may be effected through diplomatic channels or by following the laws of the recipient’s country of residence. Our team at Undisputed Legal has extensive experience in serving legal documents internationally and can ensure that the process is carried out in compliance with the relevant international laws and treaties.

IV. Service of Process in Specific Cases

A. Service in Civil Cases: In civil cases, such as contract disputes or tort claims, service of process is typically carried out by personal delivery or, if permitted, by registered post. The documents to be served may include the writ of summons, statement of claim, and other relevant court documents. Our team at Undisputed Legal can assist in ensuring that all necessary documents are properly served in accordance with the Rules of Court 2012.

Real-World Example: In a breach of contract case involving a Malaysian company and a foreign investor, Undisputed Legal successfully served the writ of summons and statement of claim on the Malaysian company’s registered office in Kuala Lumpur. Our team navigated the complexities of Malaysia’s process service rules and ensured that all documents were properly formatted and served in compliance with the law.

B. Service in Sharia Law Cases: In cases involving Islamic law matters, such as divorce or inheritance, service of process is usually carried out by personal delivery or, if permitted, by registered post. The documents to be served may include the summons, statement of claim, and other relevant court documents. We at Undisputed Legal can assist in serving legal documents related to Sharia law cases, ensuring compliance with the Sharia Court Civil Procedure (Federal Territories) Act 1998 and other applicable laws.

Real-World Example: In an international divorce case involving a spouse located in Malaysia and another in the United States, Undisputed Legal was retained to serve legal documents on the Malaysian spouse. Our team coordinated with local process servers to ensure that the spouse was properly served with the necessary documents, in accordance with the Sharia Court Civil Procedure (Federal Territories) Act 1998 and international treaties.

V. Proof of Service

After serving legal documents in Malaysia, it is crucial to obtain proof of service to demonstrate that the documents were properly delivered to the recipient. Proof of service may include:

  1. An affidavit of service sworn by the process server
  2. A certificate of posting for service by registered post
  3. A court order confirming substituted service

Our team at Undisputed Legal ensures that proper proof of service is obtained and maintained for all legal documents served in Malaysia. We understand the significance of having reliable proof of service, as it is essential for establishing jurisdiction and ensuring the validity of legal proceedings.

VI. Translations and Language Requirements

Bahasa Malaysia (Malay) is the official language of Malaysia, and legal documents are typically drafted and served in Malay. However, English is widely used in legal proceedings, and some documents may be accepted in English. If translations are required, certified translations must be provided to ensure that the recipient understands the contents and that the court can properly consider the documents. Our team at Undisputed Legal can assist in arranging certified translations of your legal documents to facilitate the process service process and ensure compliance with Malaysian language requirements. Click here for information on How To Overcome Language Barriers in Process Service.

VII. Conclusion

Navigating Malaysia’s process service rules and laws requires a deep understanding of the country’s legal system and practical experience in serving legal documents. At Undisputed Legal, our team of knowledgeable professionals has the expertise and skills necessary to assist legal professionals, businesses, and individuals with their process service needs in Malaysia.

By working with Undisputed Legal and following the guidelines outlined in this comprehensive guide, those involved in serving legal documents in Malaysia can benefit from our proven track record of successfully serving process in the country. We stay up-to-date with any changes to Malaysia’s legislation and court rules related to process service to ensure compliance and minimize potential challenges.

When you choose Undisputed Legal for your process service needs in Malaysia, you can trust that your legal documents will be served with the utmost professionalism, efficiency, and expertise. Contact us today to learn more about how we can assist you with your process service requirements in Malaysia.

Coverage Areas

Domestic
International

Office Locations

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022

Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201

Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375

Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556

Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606

Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830

New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302

Washington DC: (202) 655-4450 - 601 Pennsylvania Avenue, N.W. Suite 900, Washington DC 20004

For Assistance Serving Legal Papers

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C.

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