SECOND SCHEDULE. (SYARIAH COURT (FEES, ALLOWANCES AND COSTS) RULES 2003

Kn. P.U. 30/2003
SYARIAH COURT (FEES, ALLOWANCES AND COSTS) RULES 2003

SECOND SCHEDULE.

SCALE OF COST

PART I
INSTITUTION, ETC. OF PROCEEDING

No.	Item	Cost Syariah Subordinate Court (RM)	Cost Syariah High Court (RM)
1.	Drawing, issuing, filling and service on one party of summons or application	30.00	40.00
2.	Issuing and service on one party of concurrent summons or application	4.00	6.00
3.	Renewing summons including drawing and filing application and affidavit, attending on application for renewal and obtaining order	25.00	30.00
4.	Drawing, filing and service on one party of defence or other pleading	30.00	40.00
5.	Drawing, filing and service on one party of particulars of pleadings and drawing and service on one party of request for such particulars	15.00	15.00
6.	Drawing amendment of document referred to in item 1 or 4, filing and service on one party of amended document	10.00	15.00
7.	Drawing, issuing and filing any document, attending on any application and doing any other work necessary to obtain-	25.00	30.00
	(a) order for substituted service of any document; (b) order giving leave to serve any document out of jurisdiction and obtaining order		Discretionary

PART II
PROCEEDING IN CHAMBER

8.	Drawing, issuing, filling and service on one party of notice— (a) to proceed under a judgment or order (b) to extend time	10.00 10.00	20.00 20.00
9.	Drawing, issuing, filing and service on one party of notice to attend at Chambers (other than notice referred to in item 8)	5.00	6.00
10.	Attending to deliver appointment for hearing before Judge or Registrar	5.00	6.00
11.	Attending to deliver papers required for use of Judge or Registrar in Chambers	5.00	6.00
12.	Attending hearing application in Chambers–
	(a) where ex parte or by consent or on adjournment without hearing (b) in any other case	10.00 20.00	20.00 40.00
13.	13. Attending to settled draft or minutes of any judgment or order	10.00	10.00
14.	14. Attending to draw up and enter any order, where item 13 does not apply	5.00	8.00

PART III
DISCOVERY AND INSPECTION

15.	Drawing, filing and service of—
	(a) affidavit of documents or list of documents (b) interrogatories for examination or a party and (c) affidavit in answer to interrogatories including when appropriate, attending deponent to be sworn and copy for service	10.00 10.00 10.00	20.00 20.00 20.00
16.	Attending to inspect, or produce for inspection, documents production of which for inspection is required by order of the Court or by virtue of any provisions of Part XI of the Syariah Court Civil Procedure Enactment 2002 [Enactment No. 7/2002]
	For the first hour or part of an hour For every subsequent half hour or part thereof	10.00 5.00	15.00 10.00

PART IV
PREPARATION FOR TRIAL OR HEARING,WHETHER IN OPEN COURT OR OTHERWISE

17.	Drawing and issue of— (a) subpoena to attend court for each witness (b) subpoena to produce documents, for each witness including filing a request, attending to obtain subpoena and copy for service	5.00 2.00 2.00	5.00 3.00 3.00
18.	Drawing and service of notice—
	(a) to produce for inspection document referred to in pleading of affidavit (b) to produce document at trail or hearing (c) to admit any document or fact	5.00 5.00 5.00	5.00 6.00 6.00
19.	Instructions for trial or hearing of any cause or matter, whatever the mode of trial or hearing Note to this item This item is intended to cover the doing of any work, not otherwise provided for, necessarily or properly done in preparing for a trial or hearing, or before a settlement of the matters in dispute, including– (a) taking instructions to sue, defend or counterclaim, or for any pleading, particulars of pleading, affidavit; (b) considering the facts and law; (c) attending on and corresponding with client; (d) interviewing and corresponding with witnesses and potential witnesses and taking proofs of their evidence; (e) arranging to obtain reports or advice experts and plans, photographs and models; (f) making search in a Government Office and elsewhere for relevant documents; (g) inspecting any property or place material to the proceedings; (h) perusing pleadings, affidavits and other relevant documents; (i) where the cause or matter does not proceed to trial or hearing, work done in connection with the negotiation of a settlement; and (j) the general care and conduct of the proceedings		Discretionary
20.	Attending to obtain appointment to examine witness and on examination of witness	20.00 each	20.00 each

PART V
TRIAL OR HEARING

21.	Attending in open Court for purpose of—
	(a) any application relating to or consequent on trial or hearing of a cause or matter (b) trial or hearing of a cause or matter for each day (c) hearing deferred judgment	50.00 per day 100.00 25.00	75.00 per day 150.00 30.00
22.	Attending to obtain certificate of Registrar, and attending to enter or obtain judgment	10.00	15.00

PART VI
TAXATION

23.	Drawing bill of costs and notice of taxation (including copy for Judge), per folio	2.00	3.00
24.	Obtaining appointment for taxation	5.00	5.00
25.	Attending taxation, completing bill of costs, producing vouchers for disbursements and attending to obtain Judge’s Certificate or Order	25.00	30.00
26.	Drawing objections to decision of Judge on taxation, or answers to objections, including copies for service and filing, delivery to one party of such objections or answers and attending hearing of review by Judge	25.00	30.00

PART VII
EXECUTION

27.	Drawing, and attending to obtain issue of execution order or other order to enforce any judgment or order Necessary copies of any such order shall be allowed	5.00	7.00
28.	Renewing execution order including drawing and filing application and affidavit, attending on application for renewal and obtaining order	25.00	30.00

PART VIII
GENERAL AND MISCELLANEOUS

Attendances

29.	To obtain—
	(a) consent of person to act as next friend or guardian ad litem and consent or approval of any other interested party (b) any other consent Note to this item This item includes drawing the form of consent or approval	10.00 5.00	15.00 6.00
30.	To give consent	5.00	6.00
31.	To file and serve notice of appearance If for more than one person, for each additional person	5.00 2.00	7.00 3.00
32.	To file any necessary document at Registry	5.00	6.00
33.	To search for affidavit at Registry	5.00	6.00
34.	To enter order amending record by striking out or adding a party or consolidating causes or matters	5.00	6.00
35.	On a solicitor or clerk swearing any affidavit other than an affidavit of service	5.00	6.00
36.	To obtain directions for lodgement of money in Court (Deposit)	10.00	15.00
37.	To lodge securities in Court or procure transfer of securities into or out of Court		Discretionary
38.	To draw and lodge document required to authorise payment out of money lodged in Court Note this item This item includes all attendances required in connection with the lodgment or transfer and the preparation of any documents so required	10.00	15.00
39.	To procure certificate, or re-dating of certificates, of funds in Court Or where more than one certificate is procured or redacted at the same time	5.00	7.00 Discretionary
40.	To obtain transcript of account	5.00	7.00
	Drawing Documents
41.	41. Affidavit of service Note to this item This item includes perusing affidavit, attending to have it sworn and file it	5.00	10.00
42.	Affidavit, other than affidavit of service or affidavit under item 15, per folio	2.00	3.00
43.	Preparation for marking of exhibit to affidavit, per exhibit	1.00	2.00
44.	Advertisement to be signed by Registrar, first folio And thereafter per folio Note to this item This item includes attending Chambers to obtain signature	5.00 2.00	7.00 5.00
45.	Minutes of order, accounts, statements and other documentsrequired for use in Court or Chambers,per folio	1.00	2.00
46.	Any notice not otherwise provided for service or request	1.00	2.00
	Copies, etc
47.	Copy document not otherwise provided for—
	(a) typed copy, other than carbon copy, or written copy, per folio (b) printed or carbon copy, per folio (c) photographic copy	1.00 1.00	2.00 1.00 Discretion
48.	Examining proof print, per folio	1.00	1.00
	Letters, etc
49.	Letter not included under any other item if—
	Long	2.00	5.00
	Similar; or	1.00	2.00
	A circular letter	1.00	1.00
50.	Letters, messages and telephone calls not provided for or allowed under any other item		Discretionary
	Perusal
51.	Perusing any document not provided for or allowed under any other item, per folio	1.00	2.00
	Service
52.	Where more than one attendance is necessary to effect service on, or delivery to, one party of document referred to in Part I of this Schedule or in item 8, 9,10 or 27 thereof, or where service is effected within the jurisdiction otherwise than by personal attendance or by post or is effected out of the jurisdiction		Discretionary
53.	Where document referred to in Part I of this Schedule or document in item 8, 9, 10 or 27 thereof is required to be served on, or delivered to, more than one person, service on, or delivery to, each additional person— (a) if required to be served personally or delivered (b) if service by post authorised	5.00 2.00	7.00 5.00
54.	Service or delivery of any document, not provided for or allowed under any other item— (a) if required to be served personally or delivered (b) if service by post authorised	5.00 2.00	7.00 5.00

PART IX
GENERAL

Discretionary Costs

55. (1) Where in the foregoing provisions of this Schedule there is entered the word “Discretionary”, the amount of costs to be allowed in respect of that item shall (subject to any order of the Court fixing the costs to be allowed) be in the discretion of the Judge.

(2) In exercising his discretion under this paragraph the Judge shall have regard to all relevant circumstances, and in particular to-

(a) the complexity of the item or of the cause or matter in which it arises and the difficulty or new issues involved;

(b) the skill, specialised knowledge and responsibility required of, and the time and labour expended by the counsel;

(d) the place and circumstances in which the business involved is transacted;

(e) the importance of the cause or matter to the client;

(f) where money or property is involved, its amount or value;

(g) any other fees and allowances payable to the counsel in respect of other items in the same cause or matter, but only where work done in relation to those items has reduced the work which would otherwise have been necessary in relation to the item in question.

Attendances in Chambers

56. (1) The following provisions of this paragraph apply in relation to every hearing in Chambers.

(2) On a taxation of costs only costs have been allowed by the Court to be fixed at the hearing and in fixing the costs the Court shall have regard to the matters mentioned in paragraph 1(2) of this Part of this Schedule.

(3) Where on any such hearing as aforesaid the Court certifies that the speedy and satisfactory disposal of the proceedings required and received from the solicitor engaged in them exceptional skill and labour, the Judge in taxing the costs shall take the certificate into account.

Attendances before the Registrar

57. On any attendances before the Registrar for the purpose of settling the terms of and passing any judgment or order, if it appears to the Registrar that the attendance is of a special nature or of unusual length or difficulty, he may, if requested to do so by any party, issue a certificate to that effect, and the Registrar in fixing the costs to be allowed for the attendance shall take the certificate into account.

Copies of documents

58. (1) Amount for printing copies of any document or a facsimile or in any unusual or special manner, or where any alteration becomes necessary after the first proof of the document, shall be fixed by the Judge as he thinks reasonable, such amount to include any attendances on the printer.

(2) The solicitor entitled to take printed copies of any documents shall paid the amount he pays for such number of copies.

(3) The allowance for printed copies of documents under item 48 of this Schedule shall be made in addition to the allowances under the foregoing provisions of this paragraph as may be necessary or proper-

(a) of any pleading, for service on the opposite party;

(b) of any pleading, for the use of the Court;

(d) of any pleading, or evidence for use in Court, or

(e) of any other document necessarily and properly copied and not otherwise provided for.

(4) The allowances under this Schedule for drawing any summons, pleading, notice, affidavit or other document shall be taken to include an allowance for preparing any necessary copies made for the use of the solicitor and his client or in the case of a summon, pleading or notice, for service.