A BRIEF LITIGATION FLOWCHART
CM = Case Management
Commencement
Writ/ Originating Summons
Further exchange of pleadings
Service of Cause Papers
Close of pleadings
CM
Interlocutory applications
Settlement/ negotiation
Exchange of Bundles
Withdrawal and/or discontinuation
Trial
Preliminary Objection and Dismissal
after decision on Preliminary Issue.
Application for adjournment.
Calling of witnesses by Plaintiff and/or
respective parties
Submissions , Decision and Judgment.
Generally, the whole process of
trial will take approximately 6 – 9
months, excluding interlocutory
and/or post-trial proceedings.
Post-trial
Appeal to appellate Court.
Enforcement of judgement, Bankruptcy
and Winding-Up.
Stay of Execution.
Setting aside Consent Judgment
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Stages of Civil Descriptions
Litigation
1  The filing of any mode of originating process, including a winding-up petition or a divorce petition, needs to be done in accordance with the appropriateness of each mode of
originating process (O5, O6, O7, O28r8), rules on pleadings under O18, the law of limitations, parties’ locus standi, legal capacity of the part(ies) named, need for any urgent
injunctive relief (O29), forum of convenience (O57, s.23 CJA’64), after considering the need for leave (i.e., O53r3) or additional information (O24 r7A).
 Service ought to be properly made in line with O11 and O62.
 The time for the filing and service of the pleadings, as well as close of pleading ought to be noted, as per O18r20. Note also subsequent pleadings, O18r4.
2  The majority of the interlocutory applications may be applied during this stage. Case management may be an avenue for oral application to extend time of filing applications or
even pleadings. See below for more information.
 Parties shall to comply with Registrar/ Court’s directions under O34.
 Negotiations and/or discussion could take place during this stage. So does withdrawal and/or discontinuation of action (O21).
3  Raising of preliminary (and technical) objection could be made any time before the trial proper starts (O1A and O2rr2&3); so does the determination of preliminary issue (O33r5).
 Consideration of matters pertaining witness statement (O38) and special requirements for expert evidence (O40A).
 Adjournment of hearing may be made (O32 r4).
 Upon the delivery of decision, the winning party is to prepare judgment/ order (O42) and ask for costs in line with principles and experience (O59).
 If trial only disposes liability, the court may direct or party may apply to have damages assessed (O37).
4  Appeal happens only to the High Court (O55, O55A, O56), Court of Appeal(RCA 1994), and Federal Court(RFC1995). Do note the strict timeline involved.
 After the service of judgment, if no compliance attempted, enforcement of judgment ensues. Monetary Judgment: O47, O48 and Debtor Act 1957, O49, O50; Non-Monetary
Judgment: O45r3, O45r4, O52, O83. Note limitation in respect of enforcement (s6(3) LA1953) and enforcement of foreign judgment O67 and REJA 1958.
 Enforcement may be met with application for stay (O45r11, O55r16).
 In line with O42r13, consent judgment is susceptible to setting aside in line with principles in Hock Hua Bank v Sahari bin Murid.
P │_________________O17; O24r7A; O89 ____________________│ 1
P │___O13; O14; O14A*; O15*; O19; O22A; O81 ___│2 *O4, O14A, O15 and O18r19 may be applied by both parties.
*O15 r3 by D, r4 by P/D, r5 by P/D, r6 by P/D, r6A by P, r7 by P’s
D │___ O4*; O16; O18r19*; O22B; O23*; O42r13____│3 estate or P
P/D │_____________│___ O18r12________________│4 *O20, depending on the time of applying, requires leave.
*O23 currently applies to both individual and companies, since there
P/D │___O24; O26 ___│5 is no equivalent of s351 CA1965 under CA2016.

1
O24r7A could be made before the commencement of the main proceeding via OS; O17 and O89 are to be applied via OS as a proceeding on their own.
2
Summary disposal: These applications could be made either after service of writ (O22A; O81), the time for entering of appearance (O13; O14; O14A; O15), before close of pleadings(O18r19; Jamir Hassan v
Kang Min), after time to enter defence (O19).
3
O4 may be made at any stage and there is no requisite for it to be made only after filing of defence (Waja Manufacturing v Alliance Bank Malaysia); Offer to Settle may be made any time before commencement
of trial; O16 is for the defendant to seek contribution and/or indemnity and can be applied after entering appearance. O23 may be applied by Defendant against Plaintiff after entering appearance.
4
Generally applied after service of defence before trial (or before service of defence to enable Defendant to plead Defence) should Court opine the pleading is inadequate, based on principles in Dato Seri Dr Ling
Liong Sik v Krishna Kumar.
5
O24 is usually applied after close of pleading despite the wording ‘at any time’; O26 may be made after close of pleading in which leave is required; if before close of pleadings, without leave.
2
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P/D │_______________________________ O20*; ____________________________________________│ 6
P/D │____________________________________________ O29 ; __________________│______________________________________│ 7
P/D │______ O45r11; O55r16 ______│8

Writ & SoC

and/or OS & Reply and/or Post-trial
AiS CA Trial Application

Appearance CM Decision/ Execution of

& Defence Judgment Judgment/
and/or AiR Appeal

6
This application could be made at any stage of the proceedings, even after post-trial. Save for amendment under O20r11, amendment ought to be made soon or else the additional requirements in Hong Leong
Bank v Low Thiam Hoe applies.
7
These applications could be made at any stage of the proceedings. Pre-trial: Mareva, Anton Pillon, Prohibitory, Mandatory, Qua Timet, Fortuna, Ad interim; Post-trial: Erinford.
8
Applied by a losing party upon enforcement of judgment or an appellant pending filing of appeal. Pending appeal: O55r16, CJA’64; against execution: O45r11, O47r1.
3
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