A Witness Statement Affidavit is a crucial legal document in the Malaysian judicial system, used to present written testimony in court proceedings. This document type is employed when formal written evidence is required in legal matters, ranging from civil litigation to administrative proceedings. The affidavit must be sworn or affirmed before a Commissioner for Oaths and comply with the Malaysian Evidence Act 1950, Oaths and Affirmations Act 1949, and Rules of Court 2012. It serves as a permanent record of a witness's testimony and can be used in various contexts, including court trials, arbitration proceedings, regulatory investigations, or administrative hearings. The document typically includes detailed factual accounts, supporting exhibits, and must follow strict formatting and execution requirements to ensure its validity and admissibility in Malaysian courts.
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1. Title and Cause Details: Specifies the court details, case number, and parties involved in the legal proceeding
2. Deponent Information: Full name, NRIC/Passport number, occupation, and address of the person making the affidavit
3. Oath Declaration: Formal declaration that the statement is made under oath or solemn affirmation
4. Capacity Statement: Statement explaining the deponent's role and capacity to make the affidavit
5. Facts and Evidence: Chronological presentation of the facts and evidence, with each paragraph numbered sequentially
6. Verification Statement: Declaration that the contents are true to the best of the deponent's knowledge, information, and belief
7. Jurat/Attestation Clause: Details of when and where the affidavit was sworn, including the Commissioner for Oaths' certification
1. Preliminary Objections: Used when there are specific legal or procedural objections that need to be raised
2. Expert Qualification: Required when the deponent is providing expert testimony, outlining their qualifications and expertise
3. Language Declaration: Required when the affidavit has been translated or when the deponent requires an interpreter
4. Supplementary Statement: Used when adding information to a previously filed affidavit
5. Confidentiality Statement: Included when the affidavit contains sensitive or confidential information
1. Exhibit List: Index of all documents referred to in the affidavit, marked as exhibits
2. Documentary Exhibits: Copies of relevant documents referenced in the affidavit, properly marked and authenticated
3. Translation Certificate: If any documents are not in the court's official language, certified translations must be attached
4. Professional Credentials: Copies of relevant qualifications or certificates when the deponent is testifying as an expert
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