Document background
An Expert Witness Declaration is a critical document in Malaysian legal proceedings, required whenever expert testimony is needed to assist the court in understanding technical, scientific, or specialized matters beyond common knowledge. This declaration must comply with the Malaysian Evidence Act 1950 and Rules of Court 2012, particularly Order 40 and Practice Direction No. 5 of 2010. The document serves as the expert's primary evidence, detailing their qualifications, methodology, and conclusions while affirming their independence and duty to the court. It is commonly used in various proceedings including civil litigation, construction disputes, professional negligence cases, and criminal matters where technical expertise is required. The Expert Witness Declaration must be carefully drafted as it forms the basis for the expert's testimony and can be crucial in the court's decision-making process.
