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In Petaling Jaya, Malaysia, litigation refers to the process of taking legal action to resolve disputes that occur within civil, criminal or business contexts. The litigation process involves everything from initial filing through trial, and potentially to appeal. It governs procedures involving private issues including contracts, estates, liabilities, damages, etc.
Given the complexity and scope of litigation law, you might need a lawyer to navigate its twists and turns. Lawyers are essential when you are initiating a lawsuit, defending against a lawsuit, need legal representation in court, or require advice about the potential legal ramifications of a situation. They are particularly imperative when dealing with large scale disputes, financial transactions, or business contracts.
Malaysia practices common law system inherited from the British, which is applicable in Petaling Jaya too. Laws relating to litigation are governed under the Legal Profession Act 1976 for legal practice, Civil Law Act 1956 and case laws for tortious issues, Companies Act 2016 for corporate litigation and Arbitration Act 2005 for arbitration. Malaysian courts often value documentary evidence and witness testimonies, and processes also exist for affidavit submission and cross-examinations.
A typical litigation process starts with a complaint or a claim, followed by pleading, discovery where parties exchange relevant information, pre-trial, trial, and then finally judgement. Post-trial motions may happen before the case is concluded or appealed.
The length of litigation can vary significantly and is often difficult to predict. It can range from several months to years, depending on the complexity of the case and the court's schedule.
No, not all cases go to trial. Many are resolved through settlements, alternative dispute resolutions like mediation and arbitration, or might be dismissed by the court before a trial can occur.
A litigation lawyer represents and navigates you through the legal dispute. This involves advising on the strength of your case, potential outcomes, preparing legal documents, representing you in hearings and trial, as well as negotiating settlement terms.
While you have the right to represent yourself, it's usually advisable to engage a lawyer due to the complexities of the law and court procedures. Representation is particularly crucial in high-stakes or complex litigation.
Those seeking additional resources related to litigation can refer to the 'Malay Legal Terms Dictionary' provided by the Malaysian judiciary, the Malaysia Law Reform Committee for procedural reforms relevant to litigation, and The Malaysian Bar for a list of practicing lawyers.
If you find yourself needing legal assistance in Litigation, it is advised to consult with a litigation lawyer first. Ensure to gather all relevant documents and familiarize yourself with the legal issue at hand as much as possible before the consultation. It's important to understand your rights, potential liabilities, and the course of action your attorney recommends.
