Kn. P.U. 30/2003
SYARIAH COURT (FEES, ALLOWANCES AND COSTS) RULES 2003
No. | Items | Fee Syariah Subordinate (RM) | Fee Syariah High Court (RM) | Fee Mahkamah Rayuan Syariah (RM) |
General | ||||
1. | On sealing a summons for the commencement an action or filing a counterclaim, where- | |||
(a) the claim is for a sum not exceeding RM50,000.00 (b) the claim is for a sum exceeding RM50,000.00 | 50.00 - | - 70.00 | - - | |
2. | On sealing an application for the commencement of an action | 20.00 | 40.00 | |
3. | On sealing a concurrent or renewed summons or concurrent or renewed application | 5.00 | 10.00 | - |
4. | On sealing an amended summons or application | 5.00 | 10.00 | - |
5. | On marking the renewal of any summons or application or amended pleading | 5.00 | 10.00 | - |
6. | On filing a notice of appearance/wakalah for each person | 5.00 | 10.00 | 15.00 |
7. | On sealing a notice of interlocutory application | 10.00 | 20.00 | - |
8. | On bespeaking a request for the service or notice thereof out the jurisdiction | 20.00 | 20.00 | - |
Summons | ||||
9. | On sealing a subpoena for each witness | 5.00 | 5.00 | - |
10. | On sealing a subpoena issued less than 3 days before trial of an action for each witness | 10.00 | 10.00 | - |
11. | On sealing every execution, committal, arrest order, notice of garnishment or attachment of property | 10.00 | 20.00 | 30.00 |
12. | On entering or sealing any order made in Chambers | 10.00 | 20.00 | - |
13. | On entering or sealing a judgment or order given, directed or made in trial, hearing a further consideration of a cause or matter in Court | 25.00 | 25.00 | 50.00 |
14. | (a) For each grounds of judgment prepared | 25.00 | 50.00 | 100.00 |
(b) On entering or sealing any other judgment or other no other fee is specifically provided for | 10.00 | 20.00 | 30.00 | |
Appeals | ||||
15. | On sealing a notice of appeal from a Registrar to a Judge in Chambers | 10.00 | 10.00 | - |
16. | On filing a notice of appeal to Syariah High Court | - | 100.00 | - |
17. | On filing a notice of appeal to Mahkamah Rayuan Syariah Appeal | 200.00 | 200.00 | 200.00 |
18. | Any interlocutory application pending appeal to- | |||
(a) Syariah High Court and | - | 30.00 | - | |
(b) Syariah Appeal Court | - | - | 50.00 | |
Copies of documents | ||||
19. | On making a copy or a certified copy for each folio | 2.00 | 2.00 | 2.00 |
For every second or subsequent copy if “carbon” by duplicating process for each folio | 1.00 | 1.00 | 1.00 | |
20. | For examining plain copy and marking the same as certified copy- | |||
(a) in the case of a photographic or xerox copy for copy for each sheet | 1.00 | 1.00 | 1.00 | |
(b) in any other case for each folio | 1.00 | 1.00 | 1.00 | |
21. | On an application to be allowed to copy any document Filed or lodged in Court, for each page | 1.00 | 1.00 | 1.00 |
Translations | ||||
22. | (a) On checking, correcting and certifying a translation not made by an Interpreter of the Court | 5.00 plus RM1.00 for each folio | 5.00 plus RM1.00 for each folio | 5.00 plus RM1.00 for each folio |
(b) Translation made by the Court | 5.00 plus RM1.00 for each folio | 5.00 plus RM1.00 for each folio | 5.00 plus RM1.00 for each folio | |
23. | On a certificate of the amount and transcription of any moneys, funds, or securities, including the request therefor | 5.00 | 5.00 | 5.00 |
24. | On paying, lodging, transferring or depositing funds or securities in Court | 5.00 | 5.00 | 5.00 |
25. | On a request to the Treasury for information in writing respecting of any moneys, funds or securities in Court or any transaction in his office | 5.00 | 5.00 | 5.00 |
Taxation of costs | ||||
26. | On taxing a bill of costs where- | |||
(a) the amount allowed does not exceed RM1,000.00; and | 2.00 | - | - | |
(b) the amount allowed exceed RM1,000.00 for every additional RM1,000.00 allowed or fraction thereof | 5.00 | 5.00 | 5.00 | |
27. | On certificate or allocator of the result of the taxation | 5.00 | 5.00 | 5.00 |
Miscellaneous | ||||
28. | On filing any document not provided for in this Schedule | 5.00 | 5.00 | 5.00 |
29. | On any search, including inspection, for each half hour or part thereof occupied | 5.00 | 5.00 | 5.00 |
30. | Upon an application for the production of records or documents to be given in evidence— | |||
(a) where the records or documents are left in Court | 5.00 | 5.00 | 5.00 | |
(b) where an officer is required to produce the records or documents in Court | 20.00 | 40.00 | 50.00 | |
31. | For the attendance of an officer of the Court as a witness for every half day or part thereof | 10.00 | 10.00 | 10.00 |
32. | On taking an affidavit or additional affidavit, for each person making the same And for each exhibit referred to therein and required to be marked | 3.00 2.00 | 3.00 2.00 | 3.00 2.00 |
33. | On sealing any document, not being a judgment or order, where no other fee is prescribed by this Schedule | 2.00 | 2.00 | 2.00 |
Service and Execution | ||||
34. | For each attempt at service on each person of any process or proceeding required to be served by the Court | 2.00 | 2.00 | 2.00 |
35. | And if more than 2 kilometers from the Court for every additional kilometer | 2.00 | 2.00 | 2.00 |
36. | For executing every order of execution, committal, arrest, or attachment of property | 10.00 | 10.00 | 10.00 |
37. | For releasing property seized by instruction of party issuing the order of execution, attachment, arrest or attachment of property | 5.00 | 5.00 | 5.00 |
38. | Commission of 5 per cent to be charged on the first RM1,000.00 and 3 per cent upon all above that sum when levied by seizure and sale, such sum to include auctioneers commission | To be deducted by the Registrar | ||
39. | Commission of 2 per cent to be charged on all money received by the Registrar on a hiwalah notice | To be deducted by the Registrar | ||
40. | Commission of 1 per cent to be charged on all money received by the Registrar in satisfaction of an order of seizure and sale or where an execution is withdraw, satisfied or stopped | To be deducted by the Registrar | ||
41. | Commission of 1 per cent to be charged on the estimated value of the property seized or the amount stated in the order whichever is the lesser where the execution is withdraw, satisfied or stopped | To be deducted by the Registrar | ||
42. | For each man necessarily employed in taking charge of safe keeping and goods given | Actual cost | To be paid in cash to the Registrar or direct on vouchers certified by the Registrar | |
43. | For removal of goods or animals to place of safe keeping and fed | Actual cost | To be paid in cash to the Registrar or direct on vouchers certified by the Registrar | |
44. | For advertising and giving publicity to the sale by auction NOTE – In every case where the execution is withdrawn, satisfied or stopped the fees shall be paid by the person at whose instance the sale is stopped, and the amount of any costs or charges payable under this Schedule shall be taxed by the Judge, in case the Registrar and the party liable to pay such costs and charges differ as to the amount thereof | Actual cost | To be paid in cash to the Registrar of direct to vouchers certified by the Registrar | |
45. | Request for payment out of monies paid into Court under installment order if the sum exceeds RM1,000.00 | 2 percent of sum to be paid out | Request |