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What You Need to Know About

Affidavit

Q: What is Affidavit?

  • An affidavit is a sworn statement by a deponent before a commissioner of oaths and the content are known to the deponent.

 

Q: When does Affidavit need to be used?

  • Generally, every application by way of Notice of Application (Notis Permohonan) in chambers is supported by an affidavit.

 

Q: What is the function of the Affidavit?

  • When we sign an Affidavit, we are asserting that the information is true and that we have personal knowledge of the facts contained in the Affidavit. By signing, we are also stating that we are competent to testify if we are called to the court about the information provided in the Affidavit.

 

  • The Affidavit is to show to the court that the specific information is true. The deponent can tell the court all the true fact via Affidavit and the presence of the party to the court to give information is excluded.

 

Q: What is the next after we have filed the Notice of Application supported by the Affidavit?

  • After we filed the Notice of Application supported by an affidavit then the party wishing to reply shall file his/her affidavit and serve to us within 14 days from the date on which the affidavit was served on him/her. After we received the affidavit in reply, the lawyer in charge will review and peruse the affidavit to determine if there is any new issues that raised by the opponent. If the lawyer in charge feels that there is some issue that we need to reply then we can reply to the opponent’s affidavit in reply within 14 days and in our reply we cannot raise new issues. The pleading will close after we reply to the opponent’s affidavit in reply. It means that neither party are allowed to file in more affidavit unless we apply to court for permisson to file further reply.

   

Q: What is the effect if the party do not reply to the Affidavit?

  • The party who intends to file an affidavit in reply must file and serve within 14days failing which it constitutes as an admission. The party must reply to every clause failing which it is also consider as an admission.

 

Q: What are the contents that we can put in the Affidavit? 

  • The content of the affidavit may contain fact within the knowledge of the deponent who is able to prove them. It is not possible to include knowledge or facts which is not known to deponent him or herself such as hearsay statements.

 

Q: Can we amend the Affidavit has been affirmed?

  • The Affidavit can be amended anytime time before filling. However, the deponent need to re-sworn again the Affidavit before filling..

 

Q: Can we amend the Affidavit after filling?

  • The Affidavit cannot be amended after the filling has been done. However, additional facts may be included in “Additional Affidavits” (Afidavit Tambahan).

 

Q: What the court can do if the court find out that the content of the content is scandalous?

  • The court has the power to struck out any affidavit which is scandalous, irrelevant or oppressive.

 

Q: Is the Affidavit taken outside Malaysia admissible?

  • Yes, the Affidavit taken outside Malaysia is admissible provided the Affidavit affixed the sealed or signature of a Court, Judge, notary public or person having authority to administer oaths in a Commonwealth country.

 

Q: What language can be used an Affidavit?

  • Generally, all of the Affidavit shall be filed in national language unless the court order otherwise. However, an Affidavit of a deponent affirmed outside the jurisdiction may be filed in English language and need not be accompanied by a translation in the national language unless the court order otherwise.