A certificate of urgency

In some circumstances the lawyer will have to file a certificate of urgency, along with his court papers.

The reason for needing such a certificate, is to indicate to the court the urgency of the matter, and to obtain an earlier hearing date. It impresses upon the court that certain matters are urgent; and the documents filed therein, need to be expedited.

On 5.5.2023, the news broke that Tun Mahathir had sued Datuk Seri Anwar Ibrahim for libel. (The case is Shah Alam High Court Suit No. BA-22NCvC-165-05/2023).

Tun Mahathir’s lawyer filed a certificate of urgency when he filed the summons. Some of the reasons given in the said certificate of urgency included:

1. Tun Mahathir is a world class leader;
2. The action is in the public interest, and the defamation should be disposed of ASAP, because of upcoming elections in which the Tun Mahathir’s reputation would be questioned;
3. The expediting of the matter is important because Tun Mahathir would advise political leaders in the upcoming elections;
4. Therefore, the summons and statement of claim should be sealed quickly and processed by the court.

That was about Tun Dr Mahathir’s court matter. We are not discussing the merits of the case here, but only the certificate of urgency that was filed.

In that case, the certificate of urgency was signed by the lawyer for the plaintiff.

Let’s look at another case – this time, a case which has already completed.

A few years ago, Vell Paari, son of Samy Vellu, filed a court case to have his father’s mental health checked. His bid was granted in 2020. In that case, as well, there was a certificate of urgency filed. (The case was Kuala Lumpur High Court civil case no. WA-24NCvC-2528-12/2019)

Similar with the Tun Mahathir case, Vell Paari’s lawyer signed a certificate of urgency, to have the matter expedited. Some of the reasons given in the said certificate of urgency included:

1. There was evidence showing that the Defendant (Samy Vellu) was mentally disturbed and did not have the mental and physical capacity to deal with his personal matters.
2. Therefore, it was appropriate for the court to establish a committee to oversee his affairs under section 58, Mental Health Act.
3. A certain Madam Meeriam had also commenced legal proceedings in the Ipoh High Court through Originating Summons AA-24F-67-08/2019. Madam Meeriam’s claim was denied.
4. Due to his mental state, the Defendant (Samy Vellu) could not defend himself nor give evidence (presumably in the Ipoh High Court).
5. Madam Meeriam was trying to cross examine the Defendant even though, the Defendant did not swear any affidavit.
6. Therefore, Vell Paari (the Plaintiff) should be given the right to speak on the Defendant’s behalf. He was afraid that the Ipoh court proceedings would negatively impact his father’s mental health.
7. The mental health application in this case should be dispensed because it would positively impact the court proceedings in Ipoh.

Again, we are not discussing the merits of that case, but only the certificate of urgency filed therein.

An early date was obtained in that case.

By now it should be clear that it is the lawyer that signs the certificate of urgency. The lawyer acting for the Plaintiff, or at least, a lawyer working for the law firm that represents the Plaintiff, should draft the certificate to say, ‘I, XYZ, an advocate and solicitor of the High Court of Malaya, practising at the law firm of ABC, hereby state that the hearing of the summons / originating summons / application should be expedited due to the following reasons:’ And, after that, the reasons would follow.

Just because you have a certificate of urgency filed, doesn’t mean that the court will give you an early date for sure.

Sometimes there just isn’t any chance to expedite things.

But when it’s possible, a certificate of urgency can make things move faster.

Thanks for reading.

This article was not prepared as legal advice. Instead, it was meant to provide general knowledge. Please refer to a legally qualified lawyer before making any decision.