PROCESS OF APPEAL

2 TIER SYSTEM OF APPEAL INVOLVED

SUBORDINATE
SUBORDINATE
COURTS
COURT
HIGH COURT COURT OF APPEAL
(SESSIONS/MAGI
(SESSION/MAGIS
STRATES
TRATE)

HIGH COURT COURT OF APPEAL FEDERAL COURT

CRIMINAL APPEAL PROCESS
Process involved
1.The appeal is commenced by the filing of notice of appeal and after
service of the grounds of judgment or the notes of evidence if requested.
2.Basically, the procedure of appeal deals with filing of the notice and the
petition of the appeal.
3.Filing of the notice - within 14 days from the date of judgement.
4.Filing of the petition within 14 days after service of the grounds of the
decision.
5.No prescribed form is used for the notice.
6.Specific reference gives clarity and to bring to notice of magistrate what
he is supposed to state in his grounds of decision.
7.It must be stated in the notice that the appellant is desirous of appealing.
8.Petition of appeal Form 51 of the 2nd schedule of the Criminal Procedure
Code.
9.Section 307(6) of the Criminal Procedure Code (CPC)
a petition must state the substance of the judgment appealed against
containing definite particulars points of law or fact in regard to which
the court was alleged to have erred.
10. The petition must state in what way the conviction was against the
weight of evidence if it alleges so.
11. Where the allegation that the conviction was unreasonable or could
not be supported having regard to the evidence, this must be shown in the
petition.
12. The ground of appeal is selected from the grounds of decision and/or
notes of evidence.
13. It is necessary to comply with the time limit given as it is moderated
by recourse to Section 310 of CPC.
Section 310 -
where the order that substantial justice may be done, a judge may
permit an appeal which is time barred.
only invoked on application and exercised at the courts discretion
depends on the facts and circumstances of each case.
CIVIL APPEAL PROCESS
Subordinate Court to High
Court
Order 55 Rules of Court 2012
i.New procedures for appeals to high court from lower
courts.

Order 55 (3) Rules of Court 2012-Notice

of appeal against a decision made after
trial.
i.A notice of appeal against the whole/part of a judgment
made after trial shall be filed in the Court from which the
decision is appealed from. Within 14 days.
ii. The appellant shall lodge in the court appealed a sum of
RM1,000.00 by way of security for the costs of the appeal
within the time limited for filing of the appeal.
iii. A duplicate copy of the notice of appeal must be served
by the appellant within the time limited for the filing of an
appeal on all respondents.
iv.Order 55 Rule 4 Rules of Court 2012 :-
The appellant shall within one month from the date of filing the
notice of appeal prepare and file the record of appeal.
Order 55 Rule 1 & 2 Rules of High Court
1980
i.On receiving an appeal record under Order 49 of the
Subordinate Courts Rules, 1980, the Registrar shall
enter the appeal in a list of appeals from Subordinate
Courts.
ii.The appellant shall, within fourteen days from the
date of service on him of the notice in Form 141
under Order 49, file in the High Court in duplicate a
memorandum of appeal in Form 113A.
iii. The appellant shall within the like period serve
each respondent with a copy of such memorandum
Order 49 Rule 2 Subordinate Courts
Rules 1980.
i.Appeals to the High Court shall be brought by giving
notice of appeal in Form 140.
ii.An appellant may appeal from the whole or any part
of a decision.
iii.The notice of appeal shall be filed within 14 days
from the day on which the decision was
pronounced.
HIGH COURT TO COURT OF APPEAL
Section 69 of Courts of Judicature Act

(1) Appeals to the Court of Appeal shall be by way

of re-hearing, and in relation to such appeals the
Court of Appeal shall have all the powers and
duties, as to amendment or otherwise, of the High
Court, together with full discretionary power to
receive further evidence by oral examination in
court, by affidavit, or by deposition taken before an
examiner or commissioner.
 (2) The further evidence may be given without
leave on interlocutory applications, or in any case
as to matter which have occurred after the date of
the decision from which the appeal is brought.
(3) Upon appeals from a judgement, after trial or
hearing of any cause or matter upon the merits, the
further evidence, save as to matters subsequent as
aforesaid, shall be admitted on special grounds
only, and not without leave of the Court of Appeal.
Rules Of The Court Of Appeal
1994 Chapter II
Appeal for re-hearing on notice
(1)Appeals to the Court shall be by way of re-
hearing and shall be brought by giving notice of
appeal.
(2) Security for costs shall be given as provided in
rule 17.
(3) A notice of appeal shall substantially be in Form
1 in the First Schedule.
(4) Any appellant may appeal from the whole or
part of a judgment or order and the notice of
appeal shall state whether the whole or part only,
Service of notice of appeal

Notice of appeal shall be served on all parties

directly affected by the appeal or their solicitors
respectively within the time limited for the filing of
the notice of appeal.
It shall not be necessary to serve parties not so
affected.
 Power of Court to amend, admit further evidences or draw
inferences of the decision

(1) The Court shall have all the powers and duties, as to
amendment or otherwise, of the appropriate High Court, together
with full discretionary power to receive further evidence by oral
examination in Court, by affidavit, or by the deposition taken
before an examiner or Commissioner.
(2) Such further evidence may be given without leave on
interlocutory applications, or in any case as to matters which
have occurred after the date of the decision from which the
appeal is brought.
(3) Upon appeals from a judgement, after trial or hearing of any
cause or matter upon the merits, such further evidence, save as
to matters subsequent aforesaid, shall be admitted on special
 (3A) At the hearing of the appeal further evidence shall not be
admitted unless the Court is satisfied that -

(4) The Court may draw in inferences of fact, and give any
judgment, and make any order which ought to have been
given or made, and make such further or other orders as the
case requires.
(5) The powers aforesaid may be exercised notwithstanding
that the notice of appeal relates only to part of the decision,
and such powers may also be exercised in favour of all or any
of the respondents or parties, although such respondents or
COURT OF APPEAL TO FEDERAL
COURT
Conditions of appeal section 96 of Court
Judicature Act 1964

An appeal shall lie from the Court of Appeal to the Federal Court with
the leave of the Federal Court-
a)from any judgment or order of the Court of Appeal in respect of any
civil cause or matter decided by the High Court in the exercise of its
original jurisdiction involving a question of general principle decided
for the first time or a question of importance upon which further
argument and a decision of the Federal Court would be to public
advantage; or
b) from any decision as to the effect of any provision of the Constitution
including the
validity of any written law relating to any such provision.
 RULES OF FEDERAL COURT 1995

1. Appeal to be by notice

(1) An appeal to the Court shall be brought by giving notice of

appeal.
(2) A notice of appeal shall substantially be in Form 3 in the First
Schedule to these Rules.
(3) The notice of appeal shall state whether the whole or part
only, and what part, of the judgment or order is complained of.
(4) The hearing of the appeal shall be confined to matters,
issues or questions in respect of which leave to appeal has been
granted.
2. Service of notice of appeal

Notice of appeal shall be served on all parties directly affected

by the appeal or their solicitors respectively within the time
limited for the filing of the notice of appeal. It shall not be
necessary to serve pal-ties not so afflicted.
APPLICATION FOR LEAVE TO APPEAL

(1) Every application in a civil matter to the Court for leave to

appeal shall be made by motion, supported by affidavit
exhibiting a copy of the grounds of the judgement of the High
Court and the Court of Appeal, if then available, filed with the
Registrar.

(2) The applicant shall state in writing whether he intends to

appeal against the whole or part only of the judgment or order,
and what part of the judgement or order is complained of and
the grounds for so doing.
(3) A copy of the application shall be served by the applicant on
the respondent not less than seven clear days before the return
date and another copy filed in the Court of Appeal within the
time limited for the filing of the application for leave to appeal.

(4) The applicant shall at the time of filing his application deposit
a sum of RM500 with the Registrar of the Court as security for
the due prosecution of the appeal.
COURTS ORDER FOR LEAVE
(1)Where leave to appeal is granted the Court may -

(a) fix the time within the notice of appeal is to be filed;

(b) give the respondent leave to file a cross-appeal;

(c) determine the questions or issues which ought to be heard in the

appeal; and

(d) give such other directions in the matter as the justice of the case
may require.

(2) Where an appellant having obtained an order granting him leave to

appeal fails to file his notice of appeal within the time allowed by the
Court, the Court may rescind the order granting him leave to appeal.