Going to Court in Malaysia: What is "Discovery" and How Does It Work? Are you facing a court case in Malaysia? If so, you might hear your lawyer talk about a process called discovery . Discovery is a legal tool. It lets you ask the other side to show you their documents before the trial starts. A recent Malaysian High Court case ( Saville @ Cheras v Dato Yasmeen ) reminds us that you cannot just ask for any document you want. The court has very strict rules to keep the process fair. Here is what you need to know about getting documents for your case. The Golden Rule: It Must Be Necessary Many people think they can ask for any document that seems useful or interesting. The High Court made it clear that this is not true. The court will only order the other side to give you documents if it is absolutely necessary . Necessary means the case cannot be resolved fairly without it. It also means the document will help save time and court costs. Useful or nice to have is not enoug...
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