Third Party Affidavit Template for Malaysia

A Third Party Affidavit is a sworn statement you make when you are not directly involved in a legal case but possess relevant information that can assist the court. This document allows you to formally present facts within your personal knowledge to support or clarify matters in ongoing legal proceedings in Malaysia.

When do you need this document?

You will need to prepare a Third Party Affidavit when legal representatives or courts require your testimony as an independent witness. This commonly occurs when you have witnessed an accident, observed events relevant to a dispute, possess expert knowledge in a specialized field, or can confirm facts that are in dispute between the main parties. The document is frequently used in civil litigation, criminal proceedings, family law matters, and commercial disputes where your testimony can provide crucial evidence or clarification.

Key legal considerations

Your Third Party Affidavit must contain only facts within your personal knowledge and direct observation. You cannot include hearsay, opinions (unless you are qualified as an expert), or speculation about events. The document must clearly state your relationship to the matter and explain how you came to know the facts you are declaring. Under Section 199 of the Penal Code, making false statements in an affidavit constitutes perjury and can result in imprisonment. You must also disclose any potential conflicts of interest or bias that might affect your testimony. The affidavit should be structured with numbered paragraphs presenting facts chronologically and logically.

Legal requirements in Malaysia

Under the Evidence Act 1950 and Statutory Declarations Act 1960, your Third Party Affidavit must meet specific formal requirements to be admissible in Malaysian courts. You must include your full name, NRIC number, age, occupation, and complete address in the document. The affidavit must be sworn before a Commissioner for Oaths appointed under the Commissioners for Oaths Act 1959, who will verify your identity and administer the oath. The Rules of Court 2012 specify that the document must follow prescribed formatting, including proper court headings, case numbers, and party identification. The Commissioner for Oaths must sign and seal the affidavit, and you must sign in their presence. If the affidavit contains exhibits or supporting documents, these must be properly marked and annexed. The document must be filed within the timeframes specified by the court, and copies must be served on all parties as required by the procedural rules.