Lex Technicae

by Lex Technicae
Published December 21, 2020

Conflicts between Electronic and Physical Documents

The Malaysian courts are now electronic documents-first.

But physical copies are still used in court.

What happens if there are inconsistencies, between electronic and physical copies, under the Rules of Court 2012?

Simply put: the electronic document will be taken as authoritative.

  1. The Rules of Court 2012 recognizes the electronic copies of documents as the primary copies. See 0. 63A, r. 15 of the Rules of Court 2012:

    …15. (1) Where a specified document was filed using the electronic filing service, and there is any inconsistency between-

    (a) the information entered into the Court’s computer system; and

    (b) the information contained in the document,

    the information in the Court’s computer system shall prevail.

  2. Where there are inconsistencies, electronic documents take priority.

  3. The above makes sense. Physical copies may decay, go missing or be tampered with. Electronic copies cannot. They are also archived permanently, via Malaysia’s official record and system for court cause papers, e-Filing Kehakiman.

As such, make sure that your electronic bundles are properly prepared before they are filed.

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