This write-up is to provide a brief explanation as to what a trial is, by confining its context to family and divorce proceeding in Malaysia.
Many perceived trial as the most important stage of a divorce proceeding and would think that this is the stage when your divorce lawyer would be required to do abundant of work. I would take the opposite stand. I perceive trial as a stage where your divorce lawyer is 'presenting' your case and such presentation can only be done after you have laid all essential foundation in your pleadings.
After close of pleadings, before fixing a trial date, the Court officer would direct the lawyers to file the following documents (see Order 34 r.2 (2) of Rules of Court 2012):- a) Bundle of Pleadings; b) Common Bundle of Document; c) Statement of Agreed Facts; d) Issues to be Tried; e) Summary of Case; f) List of Witness; and g) Witness Statement.
In fact documents from (a)-(e) are what your divorce lawyer would have had prepared even before the pre-trial stage. For example, 'Statement of Agreed Facts' is a statement consist of facts in the pleadings in which both parties agreed to it and once such facts are agreed, the Judge is no longer required to consider such set of facts.
What is Trial?
What to do before Trial?
Before a trial date can be fixed by the Court Officer, he/she would have to ensure that the following documents for trial are complete and ready in court:- a) Bundle of Pleadings; b) Common Bundle of Document; c) Statement of Agreed Facts; d) Issues to be Tried; e) Summary of Case; f) List of Witness; and g) Witness Statement.