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General Affidavit for Malaysia

General Affidavit Template for Malaysia

A General Affidavit is a formal written statement made under oath, governed by Malaysian law, particularly the Statutory Declarations Act 1960 and the Rules of Court 2012. It serves as a legally binding document where the deponent swears to or affirms the truth of various statements or facts. The document must be sworn or affirmed before a Commissioner for Oaths or other authorized person in Malaysia, and it carries serious legal consequences for false statements. It is commonly used in various legal proceedings, administrative matters, and official dealings where sworn testimony is required in written form.

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General Affidavit

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What is a General Affidavit?

A General Affidavit is a crucial legal document in the Malaysian legal system, used to provide sworn written testimony for various purposes including court proceedings, administrative applications, and official declarations. This document type is governed by Malaysian legislation including the Statutory Declarations Act 1960, Evidence Act 1950, and the Rules of Court 2012. The affidavit must be sworn or affirmed before an authorized person such as a Commissioner for Oaths, and it typically contains detailed factual statements relevant to legal proceedings or official matters. It can be used in contexts ranging from simple declarations of fact to complex legal proceedings, and making false statements in an affidavit can result in serious legal consequences including criminal charges under the Penal Code.

What sections should be included in a General Affidavit?

1. Title and Heading: States 'AFFIDAVIT' and identifies the jurisdiction (e.g., 'IN THE HIGH COURT OF MALAYA IN KUALA LUMPUR')

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

3. Oath Statement: Standard declaration that the deponent is swearing/affirming under oath

4. Facts and Declarations: Numbered paragraphs containing the factual statements being sworn to, presented in chronological or logical order

5. Verification Statement: Statement confirming the truth of the contents and understanding of consequences of false statements

6. Jurat/Attestation Clause: Details of when and where the affidavit was sworn, including the name and designation of the authority before whom it was sworn

What sections are optional to include in a General Affidavit?

1. Exhibit Reference Section: Required when the affidavit refers to documents that are attached as exhibits

2. Language Declaration: Required when the deponent is not proficient in the language of the affidavit, stating that the contents were interpreted

3. Corporate Authority: Required when the deponent is swearing on behalf of a company, establishing their authority to do so

4. Prayer/Request: Used when the affidavit is filed in support of a specific court application, stating the desired outcome

5. Supplementary Facts: Additional facts section used when the affidavit supplements a previous affidavit

What schedules should be included in a General Affidavit?

1. Exhibit A, B, C, etc.: Supporting documents referenced in the affidavit, such as photographs, contracts, correspondence, or other evidence

2. Certificate of Translation: Required when documents or the affidavit itself has been translated

3. Interpreter's Declaration: Required when an interpreter was used in the preparation of the affidavit

4. List of Exhibits: Index of all exhibits attached to the affidavit, required when there are multiple exhibits

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 | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Document Type

Affidavit

Cost

Free to use
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Clauses















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