General Affidavit (Malaysia)

A General Affidavit in Malaysia puts on record a formal declaration of facts attested to by the declarant.

Under Rule 41.1 of the Rules of Court 2012, every affidavit must be expressed in the first person and shall state the full name, occupation, and address of the deponent. The affidavit must be sworn or affirmed before a Commissioner for Oaths appointed under the Commissioners for Oaths Act 1953, or before a Judge, Magistrate, or other officer authorised under the Oaths and Affirmations Act 1949. The deponent makes an oath if they profess a religious faith (for Muslims, the oath is administered on the Quran; for Christians, on the Bible; for Hindus, on the Gita; for Buddhists, by solemn affirmation), or makes an affirmation if they have no religious faith or object to taking an oath under Section 4 of the Oaths and Affirmations Act 1949.

Affidavits filed in Malaysian court proceedings must comply strictly with Order 41 of the Rules of Court 2012. Rule 41.2 requires that every affidavit be divided into paragraphs numbered consecutively, and that each paragraph be confined to a distinct portion of the subject. Rule 41.5 prohibits affidavits from containing hearsay evidence except where the deponent states the source of their information and the grounds of their belief. Exhibits referred to in an affidavit must be identified by a mark (such as 'Exhibit A' or 'Exhibit 1') and annexed to the affidavit in accordance with Rule 41.11. The affidavit must be filed in court through the e-Filing system administered by the Malaysian courts under Practice Direction No. 1 of 2019 on Electronic Filing.

The Evidence Act 1950 (Act 56) governs the admissibility of affidavit evidence in Malaysian civil proceedings. Section 5 of the Evidence Act 1950 provides that evidence may only be given of facts in issue or relevant facts. An affidavit filed in support of a court application — such as an application for summary judgment under Order 14 of the Rules of Court 2012, an application for injunctive relief under Order 29, or an originating summons under Order 7 — must state only facts that are within the deponent's personal knowledge or, where hearsay, must identify the source under Rule 41.5(2).

A General Affidavit is required in Malaysia whenever evidence in written sworn form is needed to support a court application or legal proceeding.

A general affidavit is needed when a plaintiff applies for a summary judgment under Order 14 of the Rules of Court 2012 in the High Court of Malaya, where the plaintiff must file a supporting affidavit verifying the facts of the claim and exhibiting the documents evidencing the debt or obligation owed by the defendant.

A general affidavit is required when a party applies for an interlocutory injunction under Order 29 of the Rules of Court 2012 to restrain a defendant from taking an action pending trial. The injunction application must be supported by an affidavit setting out the material facts, demonstrating a serious question to be tried under the American Cyanamid test, and showing the balance of convenience favours granting the injunction.

A general affidavit is needed when a party applies for leave to serve a writ or originating process outside Malaysia under Order 11 of the Rules of Court 2012. The application must be supported by an affidavit showing that the case falls within one of the jurisdictional grounds specified in Rule 11.1 and that Malaysia is the appropriate forum.

A general affidavit is required when an executor or administrator applies for a grant of probate or letters of administration at the High Court under the Probate and Administration Act 1959. The application must be supported by affidavits verifying the will, the assets of the estate, and the absence of competing claims.

A general affidavit is needed in divorce proceedings before the High Court under the Law Reform (Marriage and Divorce) Act 1976, particularly in applications for custody, maintenance, and division of matrimonial assets, where each party files supporting affidavits of means and care arrangements.

A general affidavit is required when a company or creditor applies to wind up a company in the High Court under Section 464 of the Companies Act 2016, where the petitioner must file an affidavit verifying the grounds of the winding-up petition and the amount of the debt or other basis for the application.

A valid General Affidavit in Malaysia under Order 41 of the Rules of Court 2012 must contain the following essential elements.

Deponent Particulars: The full legal name, occupation, and address of the deponent (the person making the affidavit), as required by Rule 41.1 of the Rules of Court 2012. For affidavits made by a party's representative — such as a solicitor or company officer — the capacity in which the affidavit is made must be stated.

First-Person Statement: The affidavit must be expressed throughout in the first person ('I, [full name], state that...'). It must be divided into consecutively numbered paragraphs, with each paragraph confined to a distinct portion of the subject matter under Rule 41.2.

Personal Knowledge Statements: Paragraphs based on the deponent's own direct knowledge must be stated as such — 'I know that...' or 'I have read...'. Where the deponent is stating information received from another person (hearsay), the source and the grounds of the deponent's belief must be identified under Rule 41.5 of the Rules of Court 2012.

Exhibits: Any documentary evidence referred to in the affidavit must be identified as an exhibit using a sequential letter or number (e.g., 'Exhibit A', 'Exhibit 1'). Each exhibit must be the original document or a certified true copy, and must bear a certificate identifying it as the exhibit referred to in the affidavit, signed by the Commissioner for Oaths. Exhibits must be annexed to the affidavit under Rule 41.11.

Jurat (Attestation Clause): The jurat is the attestation at the foot of the affidavit, stating that the affidavit was sworn or affirmed by the deponent before the Commissioner for Oaths on a stated date at a stated place in Malaysia. The jurat must include the signature of the deponent, the signature of the Commissioner for Oaths, and the Commissioner's official stamp and date.

Court Header: For affidavits filed in court proceedings, the affidavit must bear the cause title (court, case number, parties' names, and the matter for which the affidavit is filed) in the prescribed format under the Rules of Court 2012 Practice Directions.

Additional compliance elements for a General Affidavit (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.