Friday, October 31, 2008

Pee Aiii

I was asked to cover my colleague’s court yesterday. She was a civil magistrate. There were about 100 cases fixed for mention. All wanted judgment in default. In Malay, JID is Penghakiman Ingkar. Short form jadi P.I.

In allowing their application, I need to check whether the summon was sent to the right address, the address is the same address as in the contract, there was sufficient time given for the defendant to attend court, the defendant did not come, the papers are in order and so on. Quite some check list for a single file. My style is to ask the counsel in charge of the file the details that I need.

I appreciate it very much if they are truthful and not try to pull my leg. Like the second last counsel before me. He had about 10 files roughly. I wished he had appeared first on the list. He was excellent! He knew his files in and out. He knew the necessary info that I need. His submission was concise. When his file was not in order, (I assume that most of the time the preparation of the file is done by the firm’s clerk) he asked for time to file an additional affidavit to explain the situation. Senang kerja!

I also had a chance to chat with one counsel. She said that the summons have been posted on the Court’s notice board. I smiled and asked her which board as we have hundreds (ok, slight exaggeration but point delivered) of boards. She smiled back and said she didn’t post it, her clerk did and she was not sure which board. I granted her prayers after that. Saje aje…

Another incident was pretty funny. Counsel exhibited the address in the contract but it was all black. She then exhibited the address on the statement of claim and submitted that it bears the same address. I asked her if this point was in the affidavit. She said no. I asked her how she can prove the point. She got the hint and requested to file an additional affidavit. Then she asked me should she sign the affidavit, or should it be her client? I asked her, who would have the first hand information about it. She said she thinks her client should sign the affidavit. I smiled and said:

“I hope you are right!”


Blog adjourned

1 obiter dictum:

Rin said...

hahaha.. saje suka tgk org gabra2 yer.. klu prasanla kan lawyer2 ni suka bukak dan pasang balik butang coat.. dan bukak dan ikat balik tali fail..perkara ini berterusan smpi la majistret bg judgment.