Affidavit Of Recantation for Malaysia

Affidavit Of Recantation Template for Malaysia

An Affidavit of Recantation is a formal legal document used in Malaysian jurisdiction where an individual formally withdraws or corrects a previously made statement that was given under oath. The document must comply with Malaysian legal requirements, particularly the Statutory Declarations Act 1960 and Rules of Court 2012. It contains the deponent's personal details, details of the original statement being retracted, the specific retraction, true facts, and reasons for the recantation. The document must be sworn before a Commissioner for Oaths and can be used in various legal proceedings including court cases, investigations, and administrative matters.

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What is a Affidavit Of Recantation?

An Affidavit of Recantation is utilized in Malaysian legal proceedings when an individual needs to formally withdraw or correct a previously made statement that was given under oath. This document type is crucial in maintaining the integrity of legal proceedings and ensuring that accurate information is presented to courts and relevant authorities. The affidavit must be properly executed before a Commissioner for Oaths and must comply with Malaysian legal requirements, including the Statutory Declarations Act 1960 and Rules of Court 2012. It includes detailed information about the original statement, specific aspects being retracted, true facts, and reasons for the recantation. This document is particularly important in cases where the original statement may have led to legal actions or decisions, and the correction of such statements is necessary for justice to be served.

What sections should be included in a Affidavit Of Recantation?

1. Title and Heading: Formal title 'Affidavit of Recantation' with court details if applicable, and case reference number

2. Deponent Information: Full name, NRIC number, occupation, and address of the person making the recantation

3. Oath Statement: Standard oath declaration stating that the deponent is of sound mind and making the statement voluntarily

4. Previous Statement Details: Details of the previous statement being retracted, including date, venue, and context in which it was made

5. Recantation Statement: Clear and explicit statement of retraction, specifically identifying which parts of the previous statement are being withdrawn

6. True Facts: Detailed explanation of the correct facts that replace the retracted statement

7. Reason for Recantation: Explanation of why the previous statement was incorrect and why the recantation is being made now

8. Verification Statement: Declaration that the new statements are true and accurate to the best of the deponent's knowledge

9. Execution Block: Space for signature, date, and Commissioner for Oaths attestation

What sections are optional to include in a Affidavit Of Recantation?

1. Legal Representation Statement: Statement confirming whether the deponent has received legal advice regarding the recantation, used when the recantation has significant legal implications

2. Witnesses: Details of any witnesses to the events described in the true facts section, included when witness corroboration is available

3. Impact Statement: Description of any harm or impact caused by the previous false statement, included when relevant to legal proceedings

4. Supporting Documents Reference: Reference to any documents that support the true facts, included when documentary evidence exists

What schedules should be included in a Affidavit Of Recantation?

1. Original Statement: Copy of the original statement or affidavit being retracted

2. Supporting Documents: Copies of any documents referenced in the affidavit that support the true facts

3. Witness Statements: Any relevant witness statements that corroborate the true facts (if applicable)

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Government and Public Sector

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Legal

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Relevant Roles

Legal Counsel

Corporate Secretary

Compliance Officer

Risk Manager

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Litigation Support Specialist

paralegal

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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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