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Witness Affidavit

Witness Affidavit Template for Malaysia

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Key Requirements PROMPT example:

Witness Affidavit

"I need a Witness Affidavit for an expert witness to testify about a workplace safety incident that occurred on January 15, 2025, at our manufacturing facility in Penang, to be submitted to the Industrial Court of Malaysia."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Banking

Real Estate

Construction

Manufacturing

Healthcare

Education

Public Sector

Transportation

Retail

Professional Services

Technology

Relevant Teams

Legal

Compliance

Risk Management

Human Resources

Corporate Secretarial

Regulatory Affairs

Documentation

Corporate Governance

Administration

Operations

Relevant Roles

Legal Counsel

Paralegal

Company Secretary

Compliance Officer

Risk Manager

Human Resources Manager

Chief Legal Officer

Legal Administrator

Corporate Counsel

Litigation Manager

Legal Operations Manager

Documentation Specialist

Court Liaison Officer

Legal Department Head

Regulatory Affairs Manager

Industries
Evidence Act 1950: Primary legislation governing the admissibility of evidence in Malaysian courts, including sworn statements and affidavits
Statutory Declarations Act 1960: Regulates the making of statutory declarations and affidavits, including who can administer oaths
Rules of Court 2012: Contains specific procedures and requirements for preparing and filing affidavits in Malaysian courts
Penal Code (Act 574): Contains provisions regarding false statements and perjury, relevant for sworn affidavits
Commissioners for Oaths Act 1959: Governs the appointment and powers of Commissioners for Oaths who can administer oaths for affidavits
Legal Profession Act 1976: Relevant for understanding who can prepare and assist in the preparation of legal documents including affidavits
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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Witness Affidavit

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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