An intitulement is the heading or title of a proceeding, which a court document must have on its face.
It includes the court name, case name and number, name of parties and the statue or rule of court under which the court is being moved.
The name of State and the court at which a proceeding is initiated or order or judgment was made.
For Kuala Lumpur High Court, the description of the Division should be included namely, Criminal Division, Civil Division, Commercial Division, Appellate and Special Powers Division or Family Division.
Case Name and Number
The type of case such as Petition No., Originating Summons No., Civil Suit No., Civil Appeal No. or others should be included.
Leave the case number blank when you initially file your court form. The court will check your document to ensure that all the relevant forms have been completed correctly and appropriate court fee has been paid. If there are no problems, the court will process your application and assigned a case number which must be marked on all subsequently filed court documents.
Name of Parties
Parties in a proceeding are legal entities whose full names in a case are brought. The full name of a legal entity means:
- in case of an individual, the full unabbreviated name;
- in case of a corporation, company or partnership, the full registered name including suffix (Sdn. Bhd., Bhd, etc.) if any.
The name of a party is followed by the description of the party as petitioner, respondent, plaintiff, defendant, applicant, claimant
as appropriate. This allows everyone to understand the basic status of the party to a proceeding.
- In criminal proceedings, the government is usually the prosecuting party and the other party is the defendant.
- In civil proceedings, the party who starts an action is referred to as the plaintiff (other than ex parte) or applicant (ex parte) and the party against whom the case was brought is called the defendant.
- In family law proceedings, the party who starts a proceeding is called the petitioner and the party against whom the case was brought is called the respondent.
Always exercise maximum of care and diligence in ensuring that the exact name of parties in a case are printed correctly with sufficient accuracy. In case of individual, include the identification number. In case of corporation, company or partnership, include the trading or company registration number and full business address where appropriate.
Incorrect statement of a party in an action means you are taking action against the wrong party. The consequences of this could be serious for the plaintiff or petitioner.
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