An Expert Witness Declaration is a critical document in Malaysian legal proceedings, required whenever expert testimony is needed to assist the court in understanding technical, scientific, or specialized matters beyond common knowledge. This declaration must comply with the Malaysian Evidence Act 1950 and Rules of Court 2012, particularly Order 40 and Practice Direction No. 5 of 2010. The document serves as the expert's primary evidence, detailing their qualifications, methodology, and conclusions while affirming their independence and duty to the court. It is commonly used in various proceedings including civil litigation, construction disputes, professional negligence cases, and criminal matters where technical expertise is required. The Expert Witness Declaration must be carefully drafted as it forms the basis for the expert's testimony and can be crucial in the court's decision-making process.
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1. Declaration Header: Expert's full name, case reference, and court details
2. Expert's Qualifications: Detailed account of relevant academic qualifications, professional experience, and specializations
3. Instructions: Summary of instructions received and the issues to be addressed
4. Independence Declaration: Statement confirming the expert's independence and impartiality
5. Documents Reviewed: List of all materials and evidence examined
6. Methodology: Description of the methods, tests, or analyses used to form opinions
7. Findings and Opinions: Detailed explanation of conclusions reached and their basis
8. Statement of Truth: Formal declaration of the truthfulness of the contents
9. Expert's Duty: Acknowledgment of the expert's duty to the court over any other party
1. Site Visits: Details of any site inspections or physical examinations conducted, if applicable
2. Team Members: Information about other professionals who assisted in the analysis, if any
3. Limitations: Any limitations or constraints that affected the expert's analysis
4. Alternative Theories: Discussion of alternative explanations or opposing viewpoints, if relevant
5. Future Considerations: Potential future implications or developments related to the expert opinion
6. Supplementary Tests: Details of any additional tests or analyses that could be conducted
1. Appendix A - Curriculum Vitae: Detailed professional biography and qualifications of the expert
2. Appendix B - Referenced Documents: Complete list of documents, materials, and evidence considered
3. Appendix C - Test Results: Detailed test results, data, or analytical findings
4. Appendix D - Photographs: Relevant photographs, diagrams, or visual evidence
5. Appendix E - Professional Certifications: Copies of relevant professional certifications and accreditations
6. Appendix F - Previous Court Experience: List of previous cases where expert testimony was provided
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