The Affidavit of Merit is a fundamental legal document in Malaysian jurisdiction, typically used in civil proceedings, summary judgments, or specific court applications. This document becomes necessary when formal verification of facts or claims is required by the court or other legal authorities. The contents must be based on the deponent's personal knowledge or belief, with clear references to any documentary evidence attached as exhibits. The document must comply with Malaysian legal requirements, including proper execution before a Commissioner for Oaths and adherence to formal drafting conventions. An Affidavit of Merit is particularly crucial in cases where the court needs to assess the merit of claims before proceeding with full hearings or making certain orders.
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1. Title and Case Reference: Identifies the court, case number (if applicable), and parties involved
2. Deponent Information: Full name, occupation, address, and citizenship status of the person making the affidavit
3. Basis of Knowledge: Establishes the deponent's authority or capacity to make the statements in the affidavit
4. Statement of Facts: Numbered paragraphs containing the relevant facts and claims, presented chronologically or logically
5. Verification Statement: Standard clause declaring the truthfulness of the statements made
6. Jurat: Authentication section showing when and where the affidavit was sworn, including commissioner for oaths' details
1. Preliminary Objections: Used when there are jurisdictional or procedural issues that need to be addressed upfront
2. Legal Arguments: Include when legal interpretation or arguments need to be presented alongside facts
3. Prayer/Relief Sought: Added when the affidavit is supporting a specific court application or request
4. Language Declaration: Required when the deponent needs assistance in understanding the affidavit in another language
5. Interpreter Details: Included when an interpreter is used in the preparation or swearing of the affidavit
1. Exhibit List: Index of all documents attached as exhibits to the affidavit
2. Documentary Exhibits: Copies of relevant documents referenced in the affidavit, marked as exhibits
3. Translation Certificates: If any documents are in foreign languages, certified translations must be attached
4. Power of Attorney: If the deponent is acting on behalf of another party, the authorization document must be attached
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