03 June 2011, by Brendan Navin Siva, Chairperson, Court Liaison Committee
Circular No 119/2011
Dated 3 June 2011
To all Members of the Malaysian Bar
Guidelines for E-filing Via Service Bureau
We refer to
Circular No 096/2011 dated 9 May 2011 and
Circular No 110/2011 dated 24 May 2011, where Members of the Bar were updated on the developments of the e-filing system in the Kuala Lumpur courts.
The e-filing system has also been implemented in the following courts:
|
Shah Alam courts |
From 23 May 2011 (MRCB, NCvC Shah Alam and the Subordinate Courts at Level 3, Annexed Building and the MRCB Building |
|
Penang courts |
From 25 May 2011 |
Johor Bahru
Courts |
From 30 May 2011 |
The e-filing can be done in two ways:
(1) By way of online submission from your office; or
(2) By way of a service bureau located in the court premises.
Please find attached the guidelines for e-filing via a service bureau prepared by the courts to assist Members and to expedite the filing process. The guidelines include:
(1) preparation at the legal firm;
(2) what to do at the service bureau; and
(3) how to extract documents online.
Thank you.
Brendan Navin Siva
Chairperson
Court Liaison Committee
GUIDELINES FOR LEGAL FIRMS REGARDING e-FILING VIA SERVICE BUREAU
The advent of the e-Filing System (EFS) enables the Court Registry to start going paperless. The registry is now able to process documents on softcopies from the EFS and legal firms are now required to extract court documents online.
e-Filing can be done in 2 ways:
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By way of online submission from your office. To start doing online submission, you need to apply for an Organisation Certificate and a roaming ID from MSC Trustgate Sdn Bhd. You must also have internet banking.
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By way of service bureau. If your firm has not prepared the necessary equipment, and has yet to obtain the digital certificate and internet banking facility, you can still file documents using the Service Bureau at the Court premises. However, you still need to have internet access and email address to receive notifications and to extract court documents.
The Service Bureau currently provides free services. Certain charges may be imposed later.
Filing of new cases and all documents thereunder, including correspondence, after the implementation of e-filing have to be done by way of online submission or via the service bureau. Any documents filed for existing cases registered prior to e-Filing will go through the manual process as usual.
FILING OF DOCUMENTS VIA THE SERVICE BUREAU
Preparation At The Legal Firm:
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Please download the necessary software from the EFS Portal at http;//efiling.kehakiman.gov.my to enable you to access the public services provided by the EFS such as document extraction, document verifier, etc with ease. If you don't download the required software, you may face problems when you extract your documents online.
How do you download? Just go to http://efiling.kehakiman,gov.my. At the homepage, select the icon that reads "getting started" and follow the instructions detailed at number 1 (requirements for e-Filing).
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Once your document is ready (e.g Summons in Chambers in Microsoft Word), convert it to PDF. For documents that require affirmations, the PDF should contain all the relevant signatures.
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If you have to scan a document (e.g affidavit which include exhibits), you need scan the document into PDF format.
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Bring only ONE COPY of your document to the service bureau. You can download and print your service copies of the sealed documents later when you extract the same from EFS.
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Do not staple or bind your documents to facilitate easy scanning by the court staff at the Service Bureau. Please use ordinary A4 paper and do not use overly thin paper or very thick paper as separators for exhibits in the affidavits.
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Arrange your documents properly. Make sure the printing is clear, that you have endorsed your firm's name where appropriate, that they contain correct pagination, that they are no missing pages, and that they are not upside down. Separate the documents accordingly for different cases, and different jurisdictions (i.e. Magistrates, Sessions or High Court).
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Legal firms are encouraged to submit documents in softcopies via CD / DVD. Pen drive or memory stick is not accepted. When you upload your PDF documents into the CD, please ensure that the file name reflects the documents attached therein, e.g a file named Maybank v. ABC Trading should contain Writ Summons with the title Maybank v. ABC Trading and not some other parties to avoid confusion.
Please also group documents for the same case in one folder, and arrange them according to Magistrates, Sessions or High Court. If you group your documents wrongly, and subsequently wrong payment was made, your payment for those documents will be forfeited and you will have to refile them again.
What to do at the Service Bureau?:
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Fill in the service bureau request form and list down the types of documents you want to file. Provide the correct email address.
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Before submitting your document(s) to the staff at the Service Bureau counter, check your documents, don't mix them up. (If there are 3 documents and one of them is only one piece of paper, e.g notice penukaran peguamcara), please alert the staff, so that the staff will not scan it together with your other documents. If you do filing for more than one legal firm, make sure you submit them separately.
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Submit your document or CD and upon scanning, you will get a paper slip containing the Scanning Reference Number (SRN) and Extraction Code. You need to keep this SRN slip. Wait for data entry and preparation of payment invoice slip to be completed by the court staff.
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Collect your documents together with 2 copies of the payment invoice slip. Check your payment invoice slip whether the grouping of documents are correct. One payment invoice should be issued for documents filed under one legal firm only. If you file for three legal firms, you should receive 3 payment invoice slips.
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Make payment at the payment counter. Take your payment receipt.
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Upon payment, return one copy of the endorsed payment invoice slip to the service bureau staff.
How to extract document online?
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You will receive email from the EFS notifying you that the document is ready for extraction and the extraction code. You can only extract documents that require approval / seal from Court.
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Go to the EFS portal at http://efiling.kehakiman.gov.my. At the home page, select the icon that reads "public services" and click on "online document extraction". Provide the extraction code and your e-mail address. The EFS will display the approved document. You can download and print it.
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If you do not receive any email notification, you can also check randomly through the EFS portal your document extraction using the extraction code printed on the SRN paper slip you received from the service bureau counter previously.
Any document filed under the old case / pre e-Filing registered case will still have to be extracted manually.
FOR FURTHER ENQUIRIES, PLEASE CALL e-FILING HELPDESK AT 03 - 6209 4234 or SENT E-MAIL TO efs@kehakiman.gov.my.
Prepared by: AJK e-Filing,
Mahkamah Kuala Lumpur.