The Third Party Affidavit is a crucial legal document in Malaysian jurisprudence, used when an independent witness needs to provide formal testimony in legal proceedings. It is commonly required in various situations such as confirming facts in dispute, providing expert testimony, or supporting applications in court proceedings. The document must be prepared in accordance with Malaysian legal requirements, including proper identification of the deponent, clear statement of facts within their personal knowledge, and proper execution before a Commissioner for Oaths. The affidavit can be used in both civil and criminal proceedings and must comply with the Evidence Act 1950, Statutory Declarations Act 1960, and other relevant Malaysian legislation.
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1. Title and Cause Number: Identifies the court, case number (if applicable), and parties involved in the legal proceeding
2. Deponent Information: Full name, NRIC number, age, occupation, and address of the person making the affidavit
3. Capacity Statement: States the deponent's relationship to the matter and basis for having knowledge of the facts
4. Facts Declaration: Numbered paragraphs containing the chronological statement of facts within the deponent's knowledge
5. Verification Statement: Standard declaration that the contents are true and accurate to the best of the deponent's knowledge
6. 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 issues that need to be addressed before the main facts
2. Exhibit Reference Section: Required when the affidavit refers to documents that are attached as exhibits
3. Prayer or Request: Included when the affidavit is filed in support of a specific application or relief
4. Translation Certificate: Required when the affidavit includes documents or statements in languages other than the court's official language
5. Supplementary Statement: Used when additional information needs to be added to clarify or supplement the main facts
1. Exhibit A, B, C, etc.: Supporting documents referenced in the affidavit, marked sequentially with exhibit stamps
2. Identity Document Copy: Certified copy of deponent's identification document when required by court
3. Authority Documents: Documents establishing the deponent's authority or capacity when making statements on behalf of an organization
4. Referenced Correspondence: Copies of relevant letters, emails, or other correspondence mentioned in the affidavit
5. Supporting Photographs: Photographs or images referenced in the affidavit, properly marked and authenticated
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