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Declaration Of Witness

Declaration Of Witness Template for Malaysia

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Key Requirements PROMPT example:

Declaration Of Witness

"I need a Declaration of Witness to document my observations of a workplace accident that occurred at our manufacturing facility on March 15, 2025, which will be used to support an insurance claim and potential legal proceedings."

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Document background
A Declaration of Witness is a crucial legal instrument in the Malaysian legal system, used to formally document testimony or statements about events, transactions, or facts that a person has directly witnessed or has personal knowledge of. This document type is governed by several Malaysian laws, including the Statutory Declarations Act 1960 and Evidence Act 1950, which set forth the requirements for its validity and admissibility. The declaration must be made voluntarily and sworn or affirmed before an authorized person such as a Commissioner for Oaths or Notary Public. It can be used in various contexts, including court proceedings, administrative matters, insurance claims, property transactions, or any situation requiring formal documentation of witnessed events. The document carries serious legal weight, and making false statements in a Declaration of Witness can result in penalties for perjury under Malaysian law.
Suggested Sections

1. Declaration Header: Title of the declaration, reference number if applicable, and jurisdiction (Malaysia)

2. Declarant Details: Full name, NRIC/Passport number, occupation, and address of the witness making the declaration

3. Capacity and Relationship: Statement explaining the witness's relationship to the matter and basis for having knowledge of the declared facts

4. Subject Matter: Clear identification of the event, transaction, or matter about which the declaration is being made

5. Statement of Facts: Detailed chronological account of the facts being declared, with specific dates, times, and locations where relevant

6. Truth Affirmation: Standard clause affirming that the contents are true and made under penalty of perjury

7. Execution Block: Space for witness signature, date, and authentication by authorized person (Commissioner for Oaths/Notary Public)

Optional Sections

1. Supporting References: References to any documents, photographs, or other evidence supporting the declaration, used when physical evidence exists

2. Language Declaration: Statement confirming that the contents were explained in a language understood by the declarant, used when the witness is not fluent in the document's language

3. Previous Statements: Reference to any previous declarations or statements made on the same matter, included when there are related prior declarations

4. Confidentiality Statement: Statement regarding the confidentiality of the declaration's contents, used when sensitive information is included

Suggested Schedules

1. Exhibit List: List of documents, photographs, or other items referenced in the declaration

2. Translation Certificate: If the declaration was translated, certificate from qualified translator confirming accurate translation

3. Identity Documents: Copies of NRIC/Passport or other identity documents of the witness

4. Supporting Documents: Copies of any documents referenced in the declaration that support the witness's statements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Financial Services

Insurance

Real Estate

Healthcare

Manufacturing

Construction

Education

Public Sector

Transportation

Retail

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Human Resources

Claims Processing

Corporate Secretarial

Quality Assurance

Project Management

Contract Administration

Operations

Investigations

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Human Resources Manager

Claims Adjuster

Property Manager

Corporate Secretary

paralegal

Investigation Officer

Quality Assurance Manager

Project Manager

Contract Administrator

Company Director

Insurance Underwriter

Industries
Evidence Act 1950: Key legislation governing the admissibility of evidence in Malaysian courts, including witness testimony and documentary evidence. Sections 137-138 specifically deal with examination of witnesses.
Statutory Declarations Act 1960: Regulates the making of statutory declarations in Malaysia, including the format and procedure for making formal declarations before authorized persons.
Oaths and Affirmations Act 1949: Governs the administration of oaths and affirmations in Malaysia, including requirements for witnesses making sworn statements.
Penal Code (Act 574): Contains provisions regarding false statements and perjury (Sections 191-193), which are relevant for witness declarations to ensure truthfulness of statements.
Rules of Court 2012: Contains procedural requirements for witness statements and affidavits in court proceedings, including format and execution requirements.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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A formal Malaysian legal document containing sworn testimony of facts or events witnessed by an individual, executed before authorized officials under Malaysian law.

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A formal sworn statement used in Malaysian legal proceedings, providing witness testimony and evidence under oath before a Commissioner for Oaths.

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