Filing a lawsuit is as easy as going to court with the guidance of the various court staff levels through the process.
However, fighting for the lawsuit may require the services of a lawyer, who has a thorough knowledge of the law.
The Supreme Court of Brunei Darussalam, State Judiciary Department at the Prime Minister’s Office explained the A to Z of the process when making civil claims:
WHAT ARE THE TYPES OF CIVIL CLAIMS I CAN MAKE?
The nature and amount of your claim will determine which court you should file your claim with.
HOW CAN I FILE A CIVIL CLAIM?
In the Magistrates’ Court (MC), you may file a claim by issuing a summons. In the Intermediate Court (IC) and High Court (HC), you may file a Writ of Summons or Originating Summons. This can be done by paying the prescribed filing fee at the MC, IC and HC Registry at the Supreme Court building in Jalan Tutong.
Civil legal proceedings in the MC is governed by the Magistrates’ Court (Civil Procedure) Rules 1992. In the IC and HC, the governing rules are the High Court Rules 1990.
DO I NEED LEGAL REPRESENTATIVE?
A person has a right to act for himself or herself. However, by acting for yourself, it means that you take upon yourself the same responsibilities as a lawyer would in acting for you.
There are numerous documents to be filed before you can proceed to trial. As there are no standard printed forms available, the court documents would have to be drafted and submitted by yourself.
Officers of the court are not permitted by law to give legal advice. Therefore, they cannot prepare your documents or help you to prepare your case for trial.
TYPES OF COURT AMOUNT CLAIMED
Magistrates’ Court (MC): Less than BND50,000
Intermediate Court (IC): BND50,000 to BND300,000
High Court (HC): More than BND300,000
WHERE ARE CIVIL CASES HEARD?
In the IC and MC, all hearings are heard in the courts located on the ground floor of the Law and Courts building. In the IC and HC, hearings on preliminary issues before the actual trial are held in the Registrar’s Chambers located in the High Court – Supreme Court building.
The trials would then be convened in the court rooms. You must check the venue by looking up your case in the cause list which will be displayed on the notice board.
WHAT MUST I DO BEFORE I ATTEND COURT?
You should check the date, time and venue on the summons. On arrival at the court, look for your case in the cause list displayed on the notice board.
Make sure that you check the cause list for the right court. For example, if your case is a Magistrate’s Court suit, check the Magistrate’s Court cause list. If your case is not listed, please make enquiries at the information counter.
Always make sure that you arrive early so that you have time to check the List and find your way to the right court on time. You should inform the court clerk of your arrival and inform him or her that your case is fixed in that court.
You must always bring your summons with you for reference by the court clerk or for use in the court hearing. If you are late or absent, an order may be made against you e.g. your claim may be dismissed or judgement may be entered against you.
WHAT CAN I DO IF I CANNOT SPEAK ENGLISH?
Interpreters are available to assist you. The court provides interpretation of languages and dialects in Malay, Chinese Mandarin, Chinese Hakka and Chinese Hokkien.
If you require interpretation in other languages, you must inform the court in advance so that necessary arrangements can be made in time.
WHAT HAPPENS DURING THE SUMMONS HEARING IN THE MC?
If you are a defendant, you will be asked whether you admit the claim. If you admit the claim, a judgement will be entered against you. If you know of the summons hearing date but fail to attend court at the appropriated time and day, a judgement in default may be entered against you.
WHAT IS ‘JUDGEMENT DEBTOR SUMMONS’ (MC) OR ‘ORDER FOR EXAMANIATION OF JUDGEMENT DEBTOR’ (IC & HC)?
This is applied for after a plaintiff has obtained judgement against a defendant/debtor. In the MC, this is heard in the Court located on the ground floor of the Law and Courts building, while in the IC and HC, it is heard in the Registrar’s Chambers located in the High Court – Supreme Court building.
The defendant/debtor will be asked questions on his current financial status. He will have to answer the questions truthfully as these answers are given under oath or affirmation.
It is an offence to speak untruth during the examination.
At the conclusion of the examination, the debtor may be ordered to make instalment payment to the plaintiff.
WHAT HAPPENS DURING THE TRIAL?
The plaintiff or his counsel will present the Plaintiff’s witnesses first to give evidence. The defendant or his counsel may ask questions of the witnesses.
When the plaintiff has called all his witnesses, the defendant or his counsel will then present the defendant’s case. Similarly, witnesses may be called and evidence is produced. The plaintiff or his counsel may ask questions of the witnesses. After hearing both sides, the Magistrate or Judge will then make a decision in the claim or dispute.
CAN I APPEAL IF I AM UNHAPPY WITH DECISION OF THE COURT?
If you are not satisfied with the decision of the Magistrate, you may make an appeal to the High Court. If the decision is made by a Judge of the IC or HC the appeal is made to the Court of Appeal.
In both cases, the appeal is lodged by filing a Notice of Appeal at the High Court Registry on the second floor of the High Court – Supreme Court Building.
HOW IS THE JUDGEMENT EXECUTED?
If the defendant does not satisfy the judgement after a judgement has been made against him, there are various methods by which the Judgement may be executed. One method is mentioned above – “Judgement Debtor Summons” or “Order for Examination of Judgement Debtor”.
One other method is Writ of Seizure and Sale. – Rizal Faisal
