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Joint Affidavit for Malaysia

Joint Affidavit Template for Malaysia

A Joint Affidavit is a formal legal document under Malaysian law where two or more individuals jointly make sworn statements or declarations under oath. The document must comply with the Malaysian Oaths and Affirmations Act 1949 and related legislation, requiring proper execution before a Commissioner for Oaths. It serves as legally binding evidence of joint testimony, commonly used in various legal proceedings, business transactions, and administrative matters where multiple parties need to formally verify shared facts or circumstances.

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What is a Joint Affidavit?

A Joint Affidavit is a crucial legal instrument in Malaysian jurisdiction used when multiple parties need to provide a unified sworn statement about shared facts or circumstances. This document type is governed by the Malaysian Oaths and Affirmations Act 1949 and must be executed before a Commissioner for Oaths to be legally valid. It's commonly used in court proceedings, property transactions, business dealings, and administrative matters where joint verification of facts is required. The document typically includes detailed information about the deponents, their shared statements presented in numbered paragraphs, and any supporting evidence attached as exhibits. Joint Affidavits are particularly valuable when multiple parties need to confirm the same set of facts or make identical declarations, as they streamline the process and ensure consistency in sworn statements.

What sections should be included in a Joint Affidavit?

1. Title and Heading: Identifies the document as a Joint Affidavit, includes the case reference number if applicable, and the court details if for court proceedings

2. Deponents' Information: Full names, identification numbers, occupations, and addresses of all parties making the joint affidavit

3. Oath/Affirmation Statement: Formal statement declaring that the deponents are swearing/affirming the truth of the contents

4. Background Information: Context and circumstances leading to the making of the joint affidavit

5. Statement of Facts: The main body containing the jointly affirmed facts, numbered in separate paragraphs

6. Declaration of Truth: Standard declaration that the contents are true to the best of the deponents' knowledge and belief

7. Execution Block: Space for signatures of deponents, Commissioner for Oaths, and relevant dates

What sections are optional to include in a Joint Affidavit?

1. Capacity Statement: Required when deponents are making statements on behalf of organizations or in specific legal capacities

2. Language Declaration: Required when the affidavit is interpreted for deponents who don't understand the language of the affidavit

3. Cross-References: Used when referencing other legal proceedings or related affidavits

4. Preliminary Objections: Included when there are specific jurisdictional or procedural matters to be addressed

5. Request for Relief: Required when the affidavit is filed as part of a court application seeking specific orders

What schedules should be included in a Joint Affidavit?

1. Documentary Exhibits: Copies of relevant documents referenced in the affidavit, marked as exhibits

2. Photograph Exhibits: Relevant photographs referenced in the affidavit, properly marked and authenticated

3. Translation Certificates: Required when documents in foreign languages are exhibited, including certified translations

4. Supporting Affidavits: Additional affidavits from other parties that support the statements made in the main affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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