An Affidavit Written Statement is a crucial legal document in the Malaysian legal system, used to present formal written testimony or declarations of fact. It serves multiple purposes, from supporting court applications to verifying information for administrative proceedings. The document must be sworn or affirmed before a Commissioner for Oaths, making it a solemn declaration with legal consequences for false statements. Common uses include judicial proceedings, corporate matters, property transactions, and administrative applications. The format and content are governed by Malaysian legislation, particularly the Evidence Act 1950 and Rules of Court 2012, requiring specific formatting, numbering of paragraphs, and proper execution procedures. The document's versatility makes it essential in both litigation and non-litigation contexts across various sectors.
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1. Title and Case Reference: Identifies the court, case number (if applicable), and parties involved
2. Deponent Information: Full name, NRIC/Passport number, occupation, and address of the person making the statement
3. Introduction: Standard declaration of the deponent's identity and capacity to make the statement
4. Basis of Knowledge: Explanation of how the deponent has knowledge of the facts stated
5. Statement of Facts: The main body containing numbered paragraphs of factual statements in chronological order
6. Verification Statement: Standard clause declaring the truthfulness of the statements made
7. Jurat/Attestation Clause: Details of when and where the affidavit was sworn/affirmed, including Commissioner for Oaths' details
1. Preliminary Objections: Used when the affidavit is filed in response to legal proceedings and contains jurisdictional or procedural objections
2. Prayer/Request: Included when the affidavit is filed in support of a specific application, stating the relief sought
3. Undertaking: Added when the deponent needs to make specific promises to the court
4. Legal Submissions: Brief legal arguments supporting the statements, used in complex cases where legal context is necessary
5. Translation Certificate: Required when the affidavit includes documents in languages other than the court's official language
1. Exhibit A, B, C etc.: Supporting documents referenced in the affidavit, with exhibit notes attached
2. Annexure List: Index of all exhibits attached to the affidavit with brief descriptions
3. Certificate of Translation: For any translated documents attached as exhibits
4. Document Authentication: Certifications or authentications of copied documents attached as exhibits
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