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马来西亚庭审程序的介绍(七)

 陈律师读书 2024-02-23 发布于新加坡

If Defendant elects not to adduce evidence

如果被告选择不呈交证据


If the court is of the view that the Plaintiff had proven its case, the Defendant is not allowed to adduce any evidence. So, the Defendant who intends to make submission of no case to answer must be prepared to stand by that submission and not call any defence witness to defend against the Plaintiff’s claim.

如果法院认为原告已经证明了其诉求,那么被告就不再被允许提交证据。因此,想要呈交无案答辩的被告应该准备好陈述及不传唤任何辩护证人对原告的索赔进行抗辩。

xi)Application to re-open case

xi)申请重开案件

The court has discretion to re-open the case to recall a witness or to admit fresh evidence but it should be used sparingly.

法庭可酌情决定是否重审案件,找回证人或接纳新证据,但应谨慎使用。

5.Judgment and orders- O42

5.判决与命令-O42

A judgment is a decision to an action which is final; an order is a decision which is interlocutory in nature. Judgment or order of the court will take effect from the date of its pronouncement unless the court otherwise directs, and the taking effect on another date should only be exercised on good grounds by the court. (O42 r 7).

判决是对最终行动的判定;命令时一项具有中间性质的决定。法院的判决或命令将在宣判日起生效,除非法院另有指示。法院只能充分理由的情况下下达其他的生效日。


If the judgment or order has not yet been perfected then the court has absolute jurisdiction to alter, vary, modify or set aside its own judgment or order and it is to be made judiciously. The general rule is that the court could not alter, vary or set aside a perfected judgment or order due to reason of functus officio unless it comes under slip rule (O20).

如果判决或命令还没有被法庭完善处理,则法院拥有更改、修改或撤销判决或命令的绝对权力而这必须审慎。一般而言,法院因为已履行职务原则而不可修改判决或命令除非落入”slip rule”的范畴(O20).

However, inherent power under O92 r 4 allows a perfected order to be set aside if it is made illegally; where the court lacks jurisdiction; and in the interest of justice where there is a serious defect.

然而,根据O92 r4的固有权力,法庭可以撤销已完善的命令,如果该命令是非法的;法庭不具有管辖权;在严重缺陷下为了维护正义。

6.Conclusion
6. 结语


Any party may appeal against the decision of the court and may also apply for a stay of execution of judgment pending appeal in order to prevent a miscarriage of justice. Not every lawsuit ever goes through the full range of procedures and all the way to trial, some civil cases can be settled out-of-court or by mutual agreement between the parties.

任何一方都可以对法院提出上诉,也可以在上诉期间申请展缓执行判决,以防止司法不公。并非每起诉讼都会经过所有程序和审理,一些民事案件可庭外和解或双方协商解决。


The purpose of a trial is to resolve legal disputes that parties could not settle by themselves or through a less formal method. It is also no doubt a way to secure fair and impartial administration of justice between the parties to the action as all the evidence will be examined in trial and parties will be given a chance to be heard.

审判的目的是为了解决当事人无法自行解决或通过不正式的方法解决法律纠纷。毫无疑问,这也是确保诉讼各方之间可以公平供证地进行司法过程地方式,因为所有证据在审讯时都会被审查,各方也有机会发表意见。

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