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Common Law Affidavit Template for Malaysia

A Common Law Affidavit in Malaysia is a formal written statement made under oath or affirmation, governed by Malaysian law including the Statutory Declarations Act 1960 and Rules of Court 2012. It serves as a sworn testimony where the deponent (person making the affidavit) declares facts to be true to the best of their knowledge and belief. The document must be sworn or affirmed before a Commissioner for Oaths in Malaysia and follows specific formatting and content requirements as prescribed by Malaysian law. It carries legal weight and can be used as evidence in court proceedings or for various administrative and legal purposes.

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What is a Common Law Affidavit?

The Common Law Affidavit is a fundamental legal document in Malaysia's common law system, used to provide sworn written testimony for various purposes including court proceedings, administrative matters, and statutory compliance. It must be prepared in accordance with Malaysian legislation, particularly the Statutory Declarations Act 1960 and the Rules of Court 2012. The document requires the deponent to state facts within their knowledge or belief, with a formal declaration of truth made before a Commissioner for Oaths. Common Law Affidavits are essential in situations requiring verified statements, such as court applications, property transactions, statutory compliance, or administrative proceedings. They must follow strict formatting requirements and can include supporting documents as exhibits.

What sections should be included in a Common Law Affidavit?

1. Title and Heading: States the jurisdiction, court details (if applicable), and matter reference

2. Deponent Information: Full name, NRIC/Passport number, occupation, and address of the person making the affidavit

3. Preliminary Declaration: Opening statement declaring the deponent's identity and basis for making the affidavit

4. Body of Averments: Main content of the affidavit divided into numbered paragraphs, stating facts within the deponent's knowledge

5. Statement of Truth: Declaration that the contents are true to the best of the deponent's knowledge, information, and belief

6. Jurat: Formal closure stating when and where the affidavit was sworn, and before whom

What sections are optional to include in a Common Law Affidavit?

1. Belief Statement: Used when statements are made based on information or belief rather than direct knowledge, explaining the source and grounds of belief

2. Language Declaration: Required when the deponent is not proficient in the language of the affidavit, confirming that it was translated

3. Exhibits Reference: Section listing and describing any exhibits attached to the affidavit, used when there are supporting documents

4. Prayer or Request: Used in court proceedings when the affidavit is filed in support of a specific application or relief

What schedules should be included in a Common Law Affidavit?

1. Exhibit List: Schedule listing all exhibits attached to the affidavit with their marking (e.g., 'Exhibit A', 'Exhibit B')

2. Document Annexures: Supporting documents referenced in the affidavit, each marked with a unique identifier

3. Translation Certificate: If the affidavit or any exhibits are in a language other than the court's language, certified translations must be attached

4. Commissioner's Certificate: When required, a certificate from the Commissioner for Oaths confirming any alterations or interlineations in the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Document Type

Affidavit

Cost

Free to use

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