A Witness Affidavit is a crucial legal document in the Malaysian judicial system, used when formal written testimony is required in legal proceedings. It is commonly used in court cases, administrative hearings, and various legal matters where sworn evidence is necessary. The document must be prepared in accordance with Malaysian law, particularly the Evidence Act 1950 and the Rules of Court 2012. The affidavit contains the witness's personal details, their relationship to the case, and their testimony presented in numbered paragraphs. It must be sworn or affirmed before a Commissioner for Oaths, making it a formal piece of evidence that carries legal weight. False statements in a Witness Affidavit can result in perjury charges, emphasizing the document's serious nature and legal implications.
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1. Title and Case Reference: Identifies the court, case number, and parties involved in the legal proceeding
2. Deponent Information: Full name, NRIC/passport number, age, occupation, and address of the person making the affidavit
3. Capacity Statement: States the deponent's relationship to the case and capacity in which they are giving evidence
4. Oath Declaration: Formal declaration that the statement is made under oath
5. Facts and Evidence: Numbered paragraphs containing the chronological statement of facts and evidence
6. Truth Declaration: Final declaration that the contents are true to the best of the deponent's knowledge
7. Execution Block: Space for signature, date, and Commissioner for Oaths' attestation
1. Preliminary Objections: Used when there are procedural or jurisdictional issues that need to be addressed
2. Language Declaration: Required when the deponent needs an interpreter or the affidavit is translated
3. Confidentiality Statement: Included when the affidavit contains sensitive or confidential information
4. Supporting References: References to relevant laws or previous cases, typically included in legal proceedings
5. Reservation of Rights: Statement reserving the right to add or amend the affidavit if new information comes to light
1. Exhibit List: Index of all documents attached as exhibits to the affidavit
2. Documentary Exhibits: Actual documents referenced in the affidavit, marked as Exhibits A, B, C, etc.
3. Translations: Certified translations of any documents not in the court's primary language
4. Professional Credentials: If the witness is an expert, their qualifications and credentials are attached
5. Referenced Communications: Copies of any correspondence, emails, or messages referenced in the testimony
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