- An appeal reviews the lower court's decision for errors; it is not a new trial.
- Civil appeal from a Magistrates' or Sessions Court to the High Court: notice within 14 days.
- Civil appeal from the High Court to the Court of Appeal: notice within one month.
- Civil appeals to the Federal Court need leave, applied for within one month.
- An appeal does not stop enforcement unless the court grants a stay.
- Criminal appeal deadlines are counted in days – act immediately.
What an appeal is – and is not
An appeal (rayuan) asks a higher court to decide whether the lower court made an error – of law, of procedure, or in how it assessed the evidence or fixed the sentence. It is not a retrial: witnesses normally do not give evidence again, and the appeal court works mainly from the record of the lower court (notes of evidence, documents and the judge's grounds of judgment). New evidence is admitted only in limited circumstances.
Appeal courts are generally slow to interfere with a trial judge's findings of fact, because the trial judge saw the witnesses. You usually need to show a clear error, not simply that you disagree.
Appeal routes
| Case started in | First appeal to | Further appeal |
|---|---|---|
| Magistrates' or Sessions Court (civil) | High Court | Court of Appeal, in limited cases; generally no further appeal to the Federal Court |
| Magistrates' or Sessions Court (criminal) | High Court | Court of Appeal, on questions of law only; the Court of Appeal is the final court |
| High Court (civil) | Court of Appeal | Federal Court, only with leave |
| High Court (criminal) | Court of Appeal | Federal Court |
| Small claims | No appeal – the judiciary's guide says the decision is final | See Small claims |
Separate routes apply to tribunals (for example, an Industrial Court award can be appealed to the High Court within 14 days – see Tribunals) and to the Syariah courts, which have their own Syariah High Court and Syariah Court of Appeal.
Civil appeals: deadlines and leave
- Subordinate court to High Court: file a notice of appeal (notis rayuan) within 14 days from the date of the decision (Rules of Court 2012, Order 55 rule 2). The appeal is by way of re-hearing on the record. The appellant must also lodge security for costs and request the notes of proceedings within the same time.
- High Court to Court of Appeal: file the notice of appeal within one month from the date of the decision (Rules of the Court of Appeal 1994, rule 12).
- Claims under RM250,000: under section 68(1) of the Courts of Judicature Act 1964, there is no appeal to the Court of Appeal where the amount or value in dispute is less than RM250,000, unless the Court of Appeal gives leave. There is also no appeal from a consent judgment, and none from an order on costs only without leave.
- Court of Appeal to Federal Court: you need leave from the Federal Court (section 96). Leave is given only if the appeal raises a question of law of general principle not previously decided by the Federal Court, or a question of public importance, or a constitutional question. The application for leave must be filed within one month of the Court of Appeal's decision (section 97).
Filing an appeal does not automatically stop the winner from enforcing the judgment. You must apply separately for a stay of execution (penggantungan pelaksanaan), and must usually show special circumstances.
Criminal appeals
- Both the accused and the Public Prosecutor can appeal – against conviction, acquittal or sentence.
- From a Magistrates' or Sessions Court: appeal to the High Court under the Criminal Procedure Code (section 307 onwards). A further appeal from the High Court's appellate decision to the Court of Appeal is limited to questions of law (Courts of Judicature Act 1964, s 50(2)).
- From the High Court (trial): appeal to the Court of Appeal, and then to the Federal Court (Courts of Judicature Act 1964, s 87).
- Deadlines are very short – counted in days, not months, from the date of conviction, sentence or order. Practice guides commonly state 14 days for the notice of appeal. If you or a family member wants to appeal, contact a lawyer or the National Legal Aid Foundation (YBGK) immediately after the decision.
For the stages of a criminal case, see The criminal process.
Missed the deadline?
Courts can sometimes extend time to appeal, but you must apply, explain the delay, and show the appeal has merit. Extensions are not automatic and should never be relied on. Act early: ask the court for the grounds of judgment and notes of proceedings, and get advice.
When to get a lawyer
Appeals are technical: they depend on identifying legal errors, preparing a record of appeal and written submissions, and meeting strict filing rules. For appeals to the Court of Appeal or Federal Court, legal representation is strongly advisable. See Getting legal help.
Laws cited on this page
| Act 91 | Courts of Judicature Act 1964 · Akta Mahkamah Kehakiman 1964 | Official text |
| Act 593 | Criminal Procedure Code · Kanun Tatacara Jenayah | Official text |
Listed automatically from the federal Acts named on this page. All laws of Malaysia →
Sources
- Rules of Court 2012, Order 55 r 2 (14 days)
- Judiciary of Malaysia – Procedures in civil cases (appeal within 14 days)
- Courts of Judicature Act 1964, ss 50, 68, 87, 96, 97 (text via Low & Partners)
- Mondaq – The court system in Malaysia (CJA s 68, s 96, s 97; RCA r 12)
- Skrine – Federal Court affirms conditions for leave to appeal
- Small claims – Judiciary guide (decision final)
Related
Courts and their powersHow a civil case runsThe criminal process: from police report to verdictEnforcing a judgmentGetting legal help