Covid-19: Effects of Extended Conditional Movement Control Order on Court Operations *Update No. 2*

On 7 November 2020, the Senior Defence Minister Datuk Seri Ismail Sabri Yaakob announced that the Conditional Movement Control Order (“CMCO”) will be enforced in all states in Peninsular Malaysia, except for Kelantan, Perlis and Pahang from 9 November 2020 to 6 December 2020 to curb the spread of the Covid-19 pandemic. States that will now be subject to the CMCO are Johor, Kedah, Melaka, Negeri Sembilan, Penang, Perak and Terengganu. This also means that the CMCO which is currently in place in Selangor, Kuala Lumpur and Putrajaya will be extended as well.
 
In view of the announcement, the Chief Registrar of the Federal Court of Malaysia has issued a media statement on 8 November 2020 entitled Notification of Court Operations in Johor, Kedah, Melaka, Negeri Sembilan, Penang, Perak and Terengganu Following the Conditional Movement Control Order (‘CMCO’) and in Selangor, Kuala Lumpur And Putrajaya In Line With CMCO Continuation From 9 November To 6 December 2020” pertaining to Court operations in the affected States.
 
With effect from 9 November 2020 until 6 December 2020, all courts in the aforesaid States are required to adhere to the following:-
 
  1. Suspension and postponement of all civil and criminal cases
  • Cases are to be handled in accordance with a previously issued guideline on 17 March 2020.
  • All hearings and trials of ongoing civil and criminal cases will be postponed until further notice.
  1. Online hearings
  • Online hearings (via e-Review system, exchange of e-mails and/or video conferencing) for court proceedings are to be handled in accordance with the guidelines which were issued on 26 March 2020 and 24 April 2020.
  1. Operations at Offices and Counter Services at the Courts
  • The Chief Justice had ordered that a previously issued guideline on 3 May 2020 be applied. This guideline had listed certain court services that would be in operation throughout the period of CMCO.
A summary of the guidelines in respect of items (a) to (c) above can be found in our first e-alert issued on 16 October 2020 in relation to the CMCO.  
 
Alert prepared by Karen Tan (Associate) of Skrine.