Serving Malaysian Court Documents Abroad: Translation Rules under Order 11

Short answer: Malaysia is not a party to the Hague Service Convention or the Hague Evidence Convention, so Malaysian court documents are served abroad under Order 11 of the Rules of Court 2012. After the court grants leave, the notice can be served through the judicial authorities of that country, a Malaysian consular officer there, or the foreign government. When service goes through the foreign government, every copy must be "accompanied by a translation of the notice in the official language of the country in which service is to be effected" (Order 11 rule 6(4)). The translator must certify it as correct and state their "full name, address and qualifications for making the translation" (rule 6(5)). Letters of request for evidence abroad need the same kind of translation unless English is an official language there (Order 39).

What we do: translations of writs, statements of claim, affidavits, orders and letters of request into Chinese, Japanese, Korean, Bahasa Indonesia, Thai, Vietnamese, Arabic, German, French and other languages, with a translator's certificate that meets rule 6(5). Our team is certified by ITBM, DBP and the Malaysian Translators Association, includes Kuala Lumpur and Sarawak High Court interpreters and NAATI-certified translators, and works with Notaries Public in Malaysia, Singapore and Australia. Send the papers on WhatsApp with the country of service.

Last reviewed: October 2026. For bringing foreign judgments into Malaysia, see enforcing foreign awards and judgments.

How service abroad works under Order 11

  1. Get leave. Service of a notice of writ out of the jurisdiction "is permissible with the leave of the Court" (rule 1), on an application "supported by an affidavit in Form 8" (rule 4).

  2. Choose the route. Rule 6 allows service "through the judicial authorities of that country", "through a Malaysian consular authority in that country", or "through the government of that country, where that government is willing to effect service". Nothing may be done "contrary to the law of that country" (rule 5).

  3. For service through the government, lodge the request in Form 10 with a copy of the notice and the translation. The Registrar sends it "to the Secretary General of the Ministry of Foreign Affairs" for transmission.

  4. Translate and certify. Each copy needs a translation into the official language of the country, certified by the translator under rule 6(5).

  5. Wait for proof of service. Diplomatic channels take months, so a translation that is rejected abroad costs far more time than it saves.

When a translation is needed

  • Needed: service through the foreign government in a country whose official language is not English, for example China, Taiwan, Japan, Korea, Indonesia, Thailand, Vietnam, the Gulf states, Germany, France or Brazil.

  • Usually not needed: countries where English is an official language, such as Singapore or the United Kingdom.

  • Sensible anyway: where the defendant reads only their own language, even if the route does not require it. A defendant who can later say they did not understand the papers gives the other side an argument.

What to translate

  • The notice of writ or originating summons and the statement of claim.

  • The order granting leave to serve out of the jurisdiction.

  • Supporting affidavits and exhibits that are served with them.

  • For evidence abroad: the letter of request, interrogatories and cross-interrogatories (Order 39).

The translator's certificate

Rule 6(5) is specific: "Every translation lodged under paragraph (4) shall be certified by the person making it to be a correct translation", and the certificate "must contain a statement of that person's full name, address and qualifications for making the translation." We prepare that certificate with every translation, signed by the translator, with their credentials, and can have it notarised if counsel prefers.

Documents coming into Malaysia

The rules run the other way too. A foreign court's letter of request to serve process in Malaysia "must be accompanied by a translation thereof in English" (Order 65), and requests for evidence from Malaysian witnesses go through Order 66. We translate those papers into English for Malaysian solicitors acting for foreign parties.

Maklumat dalam Bahasa Melayu

Malaysia bukan pihak kepada Konvensyen Hague mengenai penyampaian dokumen di luar negara. Penyampaian dokumen mahkamah ke luar negara dibuat di bawah Aturan 11 Kaedah-Kaedah Mahkamah 2012 selepas mendapat kebenaran mahkamah. Jika penyampaian dibuat melalui kerajaan negara asing, setiap salinan notis mesti disertakan terjemahan dalam bahasa rasmi negara itu, dan penterjemah mesti memperakui terjemahan tersebut serta menyatakan nama penuh, alamat dan kelayakannya (kaedah 6(5)). Kami menyediakan terjemahan dan perakuan penterjemah. WhatsApp: +60 17-227 9378.

Common questions

Is Malaysia a party to the Hague Service Convention?

No. Malaysia is not listed in the Hague Conference status tables for the Service, Evidence or Apostille Conventions, so service abroad follows Order 11 and diplomatic or consular channels.

Who can certify the translation for rule 6(5)?

The person who made the translation certifies it, stating their full name, address and qualifications. The rule does not require a sworn translator.

Does the translation need notarising or legalising?

Rule 6(5) does not require it. Some foreign authorities have their own expectations; tell us the country and we will check what is usual.

Can you translate a full bundle quickly?

Yes. Large bundles are split among translators with a shared glossary and a final consistency check; see bulk translation for law firms.

Related guides

Sources:

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Foreign Wills and Estates with Malaysian Assets: Translation and Probate

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Enforcing Foreign Arbitral Awards and Judgments in Malaysia: Translation Rules