How a civil case runs

Key points

Most contract and tort claims must be filed within 6 years; land and judgment claims within 12 years; claims against public authorities within 36 months.
A writ is used where facts are disputed; an originating summons where the issue is mainly legal.
Defendants have 14 days after service to enter appearance and generally 14 more days to file a defence.
Missing deadlines can lead to default judgment; a claim with no real defence can end in summary judgment.
The loser usually pays part of the winner's costs – factor this in before suing.

Before going to court

Try to settle. Talk to the other side, put your complaint in writing, and consider a tribunal or mediation (see Tribunals and alternatives).
Letter of demand (surat tuntutan). Usually the first formal step: a letter setting out what is owed and why, and giving a deadline (often 7 to 14 days) to pay or respond. It is not required by law in every case, but it often prompts payment, and a court may take into account whether the defendant was given a chance to pay before being sued.
Keep evidence. Contracts, receipts, bank statements, messages, photos and names of witnesses.
Check the time limit. If you wait too long, your claim may be barred completely (see below).

Time limits for suing (limitation periods)

The Limitation Act 1953 (which applies in Peninsular Malaysia; Sabah and Sarawak have their own Limitation Ordinances) sets deadlines for starting a court case. The main periods are:

Type of claim	Time limit	Section
Breach of contract, or tort (e.g. negligence, defamation, accidents)	6 years from when the cause of action arose	s 6(1)(a)
Recovering money due under a written law (not a penalty)	6 years	s 6(1)(d)
Suing on a court judgment	12 years from when the judgment became enforceable (interest arrears: 6 years)	s 6(3)
Recovery of land	12 years	s 9
Penalty or forfeiture under a written law	1 year	s 6(4)
Suing a public authority (e.g. a government body) for acts done in its public duty	36 months	Public Authorities Protection Act 1948, s 2

Time can be extended or postponed in some cases, for example where the claim is based on fraud or mistake (time runs only from when it was or could reasonably have been discovered), where the claimant is a child or of unsound mind, or where the debtor acknowledged the debt in writing or made a part payment. These rules are technical – if your deadline is close, see a lawyer quickly.

Starting the case: writ or originating summons

Civil proceedings in the High Court and subordinate courts follow the Rules of Court 2012. There are two main ways to start:

Writ of summons (writ saman) – used where the facts are likely to be disputed (most debt, contract and accident claims). It comes with a statement of claim (pernyataan tuntutan) setting out the facts and what you want. A writ is valid for service for 6 months from issue (Order 6 rule 7) and can be renewed by the court.
Originating summons (saman pemula) – used where the main issue is a question of law or interpretation and the facts are unlikely to be disputed. It is supported by an affidavit (sworn written evidence) and is usually decided on documents without a full trial.

Claims of RM5,000 or less by individuals can use the simpler small claims procedure.

Service, appearance and defence

Service – the claimant must deliver the sealed writ to the defendant, by personal service or prepaid A.R. registered post to the last known address. If that fails, the court can allow substituted service (e.g. by advertisement).
Appearance (kehadiran) – a defendant who wants to defend files a memorandum of appearance within 14 days after service (Order 12 rule 4). In Sabah and Sarawak, a defendant living outside the Division where the writ was issued has 20 days.
Defence (pembelaan) – the defendant must serve a defence within 14 days after the time for appearance ends, or after the statement of claim is served, whichever is later (Order 18 rule 2). The defendant may also bring a counterclaim.
Reply – the claimant may reply to the defence. Once the documents (called pleadings) are exchanged, the pleadings are "closed".

Shortcuts: default judgment and summary judgment

Default judgment (penghakiman ingkar) – if the defendant does not enter appearance (Order 13) or does not file a defence in time (Order 19), the claimant can obtain judgment without a trial. A defendant who has a genuine reason and a real defence can apply to set it aside.
Summary judgment (penghakiman terus) – under Order 14, after the defendant enters appearance, the claimant can ask the court for judgment on the ground that the defendant has no real defence. The defendant must show there is a triable issue or a bona fide defence. Order 14 does not apply to certain claims such as defamation, malicious prosecution, false imprisonment and fraud.
A defendant can likewise apply to strike out a claim that discloses no reasonable cause of action or is an abuse of process (Order 18 rule 19).

Case management and trial

After pleadings close, the court holds pre-trial case management (pengurusan kes) under Order 34. The judge or registrar sets timetables for documents (bundles), witness statements, agreed facts and issues, and fixes trial dates. Parties may be encouraged to try mediation. If a party ignores the court's directions, the claim or defence can be struck out.

At the trial (perbicaraan), the claimant usually goes first. Witnesses give evidence (often by written witness statement, then cross-examination). The standard of proof in civil cases is the balance of probabilities – which version is more likely true. The judge then gives judgment (penghakiman), sometimes on the spot, often on a later date with written grounds.

Judgment and costs

The winning party prepares the judgment for sealing and serves it on the other side.
Costs (kos) – the general rule is that the loser pays a contribution to the winner's legal costs, as fixed or assessed by the court. This is rarely the whole amount the winner spent, and you can be ordered to pay costs if you lose – a real risk to weigh before suing.
Interest – the court can award interest on the sum claimed, and judgment debts carry interest until paid.
If the losing side does not pay, see Enforcing a judgment. If you think the decision is wrong, see Appeals – deadlines are short.

e-Filing and attending court

Civil court documents are filed electronically through the judiciary's e-Filing system (Order 63A of the Rules of Court 2012). Lawyers use it routinely. People acting for themselves (litigants in person) can register on the judiciary's portal, prepare documents online and complete payment and registration at the court registry counter, where staff can assist.

Courts usually begin at 9.00 am; arrive early, bring copies of all documents, and dress decently. Some hearings and case management sessions are held online.

Civil litigation can be complex and costly. You are allowed to act for yourself in most courts (a company generally needs a lawyer), but if the claim is large or the other side has a lawyer, get legal advice. See Getting legal help.

Laws cited on this page

Act 198	Public Authorities Protection Act 1948 · Akta Perlindungan Pihak Berkuasa Awam 1948	Official text
Act 254	Limitation Act 1953 · Akta Had Masa 1953	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Courts and their powers Small claims (RM5,000 and below)Appeals Enforcing a judgment Tribunals and alternatives to court Getting legal help