The Affidavit of Return is a crucial legal document within the Malaysian legal framework, used when there is a need to formally certify the return or service of legal documents, notices, or materials. This document is commonly required in various legal proceedings to provide evidence that documents were properly returned or served according to legal requirements. The affidavit must be sworn before a Commissioner for Oaths and includes detailed information about the deponent, the circumstances of return or service, and any relevant supporting documentation. It is governed by Malaysian legislation including the Statutory Declarations Act 1960 and the Rules of Court 2012, which set out specific requirements for its preparation and execution.
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1. Title and Heading: Identifies the document as an Affidavit of Return, the court details if applicable, and the case reference number
2. Deponent Information: Full name, NRIC number, occupation and address of the person making the affidavit
3. Oath Statement: Standard declaration that the deponent is swearing to the truth of the statements
4. Material Facts: Details of what was returned/served, including dates, times, and methods
5. Verification: Statement verifying that the contents are true to the best of the deponent's knowledge
6. Jurat: Formal closing section stating when and where the affidavit was sworn, and before whom
1. Multiple Attempt Details: Section describing multiple attempts at service/return if initial attempts were unsuccessful
2. Special Handling Requirements: Details of any special procedures or handling requirements that were followed
3. Electronic Service Details: If service/return was done electronically, specific details of the electronic transmission
4. Alternate Service Details: If alternate methods of service were authorized and used, details of the alternative method
1. Exhibit A - Copy of Returned Document: Copy of the actual document(s) that were returned or served
2. Exhibit B - Proof of Service/Return: Any receipts, acknowledgments, or other proof of service/return
3. Exhibit C - Authorization: If applicable, copy of court order or authorization for special service methods
4. Exhibit D - Correspondence: Any relevant correspondence related to the return/service attempts
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