Affidavit Of Withdrawal Template for Malaysia
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What is a Affidavit Of Withdrawal?
The Affidavit of Withdrawal is a crucial legal instrument in Malaysian jurisprudence, used when an individual or entity needs to formally retract or withdraw from a legal proceeding, statement, or claim previously made to the court. This document becomes necessary in various situations, such as when parties reach an out-of-court settlement, when circumstances change making the original claim unnecessary, or when the deponent wishes to retract a previous statement. The affidavit must be prepared in accordance with Malaysian law, particularly the Rules of Court 2012 and the Commissioners for Oaths Rules 2018. It requires proper execution before a Commissioner for Oaths and must contain specific details about the original matter, clear reasons for withdrawal, and confirmation that the withdrawal is made voluntarily. The document serves as an official record and can have significant legal implications for all parties involved.
About the Affidavit Of Withdrawal
An Affidavit of Withdrawal is a sworn legal document that allows you to formally retract or withdraw from a legal proceeding, statement, or claim you previously made to a Malaysian court. This document carries significant legal weight and must be prepared with careful attention to Malaysian legal requirements to ensure your withdrawal is properly recognised by the court system.
When do you need this document?
You may need an Affidavit of Withdrawal when you have reached an out-of-court settlement with opposing parties and no longer wish to pursue your original claim. This document is also essential if circumstances have changed significantly since you filed your original case, making your claim unnecessary or inappropriate to continue. Additionally, you might require this affidavit if you discover that your original statement contained errors or if you need to correct misleading information you previously provided to the court. The document is particularly important in family law matters, commercial disputes, and civil litigation where parties frequently reach amicable resolutions outside of court.
Key legal considerations
Your Affidavit of Withdrawal must clearly identify the original case or matter you are withdrawing from, including the case number, court details, and all parties involved. You must provide specific and honest reasons for your withdrawal, as the court will scrutinise these explanations. The affidavit must explicitly state that your withdrawal is voluntary and made without coercion or undue influence from any party. You should be aware that withdrawing from legal proceedings may have cost implications, and you might be liable for the opposing party's legal costs depending on the circumstances. Additionally, your withdrawal could affect your ability to re-file similar claims in the future, so consider the long-term implications carefully before proceeding.
Legal requirements in Malaysia
Under Malaysian law, your Affidavit of Withdrawal must comply with the Rules of Court 2012, which govern the format and content requirements for all court affidavits. The document must be sworn before a Commissioner for Oaths, as mandated by the Commissioners for Oaths Rules 2018, and include your full legal name, NRIC or passport number, age, occupation, and complete address. Your affidavit must reference the Evidence Act 1950 requirements for sworn statements and ensure all information provided is truthful and accurate. The document should be filed with the court registry where your original case is pending, and you may need to serve copies on all other parties involved in the proceedings. Failure to comply with these statutory requirements could render your withdrawal invalid or lead to legal complications.
GOVERNING LAW
Applicable law
This Affidavit Of Withdrawal is drafted to comply with Malaysia law. Key legislation includes:
Evidence Act 1950: This Act governs the admissibility of evidence in Malaysian courts, including sworn statements like affidavits. Relevant for ensuring the affidavit meets legal evidentiary requirements.
Statutory Declarations Act 1960: While this primarily deals with statutory declarations, it provides important context for sworn documents in Malaysia and may be relevant for the formal requirements of affidavits.
Commissioners for Oaths Rules 2018: These rules govern the appointment and powers of Commissioners for Oaths, who are authorized to take and receive affidavits in Malaysia. Essential for proper execution of the affidavit.
Courts of Judicature Act 1964: This Act establishes the jurisdiction of Malaysian courts and their powers regarding court documents, including the authority to accept or reject affidavits and their withdrawals.
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