Bad Moon Rising

Bad Moon Rising

Thursday, December 18, 2014

Borang 3, 4, & 5 (Short Call Papers)

Once Borang 1 & 2 is served to the relevant bodies (refer to my previous blog post), you would have to file in your Affidavit of Service. You can find a sample of the Affidavit of Service in the Pupil's Handbook by KL Bar, which by now you should already have a copy (just download it from the website). 

Next step is to obtain your short call order. Get your Borang 3 which is a "Saman Dalam Kamar", fill in the particulars as required. Next your Borang 4 is an Affidaviy in support of the Summons by your Pupil Master and Borang 5 is an Affidavit by the Pupil. Both has to be signed and affirmed in front of an Commissioner of Oaths. You can do this in Court, be it Shah Alam or KL, there is a counter for Comm of Oaths. Please check if your Master has to sign the affidavit before the commissioner at the counter. Some don't mind, some do. So check before you do this.

Once all the papers are filled and completed, proceed to file it in Court and wait for it to be extracted (usually will take about 2 days but if you're lucky you will get it the same day you filed provided you filed it early in the morning). Again, you're going to have to make copies, 3 to be exact. The Affidavits (Borang 4&5) make 3 copies and keep. Once your Summons is extracted, print 3 copies, attach it to the affidavit and serve to the relevant bodies. Same process, once served file in your Affidavit of Service.

Your Summons will stamped with a Hearing date in which your presence is not required. Those days, the master and pupil will have to attend the hearing and get the order in terms but however since the volume of pupils grew larger over the years, the courts excused the attendance of the master and pupils. But you would have to go and collect your letter of no objections from Bar Council Malaysia and KL Bar (depends on which state you're in) and serve to court a good three weeks before your hearing date. 

Once those letters of no objections have been sent to court, you will have to wait for your hearing date. On your hearing date, go to court and check the board for your petition num and name and whether it id PSP (Perintah Seperti Dipohon) or DT (Ditunda). If its PSP, then everything is in order and go back to your office to file your draft order. 

If its ditunda, that means your papers were not in order. Go to the counter and check with the clerk. Then wait till your next hearing date.  

Once you have filed your draft order, extract the same then file your fair order. There you go! you have your Short Call Order. Your short call order need not be served to the bodies but keep in mind that from the beginning of your Pupillage period to the end of the three months from the date of your short call order, you will not have any locus in court. 

Once your three months from the date of your short call order ends, then you will able to appear in court for simple mentions or case managements. If your master has the confidence in you he/she would probably allow you to do hearings but thats totally up to you masters. 

So people, good luck for your short call and I hope you enjoy your pupillage period because if your planning to practice after your 9 months, shit just got serious. So enjoy it while you can. 

Look out for my next post on your Long Call Papers!