Affidavit of Service (Malaysia)

An Affidavit of Service in Malaysia records sworn statements of fact that can be relied on before a court or authority.

Proof of service is a critical procedural requirement in Malaysian civil litigation because the court cannot proceed against a defendant who has not been given proper notice of the proceedings. Order 13 Rule 1 of the Rules of Court 2012, which governs judgment in default of appearance, expressly requires that the plaintiff first prove service of the writ before the court will enter default judgment. Without a properly filed Affidavit of Service, a default judgment may be set aside by the court as irregular under Order 19 Rule 9 of the Rules of Court 2012, at the defendant's application.

Service of process in Malaysian civil proceedings is primarily effected by personal service or by substituted service authorised by the court. Personal service of a writ of summons under Order 10 Rule 1 of the Rules of Court 2012 is effected by leaving a copy of the writ with the defendant personally. For corporate defendants, service on a company under Order 65 Rule 2 is effected by leaving the document with an officer of the company or at the company's registered office. Where personal service cannot be effected despite reasonable attempts, a party may apply to the court for an order for substituted service under Order 62 Rule 5 — for example, by advertisement in a national newspaper, by posting at the defendant's last known address, by WhatsApp message, or by email.

The mode of service and the date and time of service recorded in the Affidavit of Service are critical for computing time deadlines — including the time allowed for the defendant to enter appearance (14 days from service for defendants within Malaysia under Order 12 Rule 4), and the date from which the limitation period for further steps is calculated. The process server who personally served the document must be the deponent of the Affidavit of Service.

The legal framework governing the Affidavit of Service (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. 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). Parties executing a Affidavit of Service (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contracts Act 1950 (Act 136) sets the foundational requirements.

An Affidavit of Service is required in Malaysia in all court proceedings where proof of service of a court document must be established before the court will take a further step.

An Affidavit of Service is needed after a writ of summons has been served on the defendant and the plaintiff wishes to apply for judgment in default of appearance under Order 13 of the Rules of Court 2012. The court requires proof that the writ was properly served before entering default judgment — an Affidavit of Service deposed by the process server is the standard method of proof.

An Affidavit of Service is required after substituted service has been carried out pursuant to a court order under Order 62 Rule 5 of the Rules of Court 2012. The affidavit must confirm that the specific mode of substituted service ordered by the court (e.g., advertisement in a specified newspaper, posting at the defendant's address, or service by email or WhatsApp) was carried out on the specified date.

An Affidavit of Service is needed when a plaintiff applies for judgment in default of defence under Order 19 of the Rules of Court 2012, where the defendant entered appearance but has failed to file a defence within the prescribed time. The affidavit verifies that the writ of summons, statement of claim, and any notices of default of defence were properly served on the defendant.

An Affidavit of Service is required in applications to commit a party for contempt of court under Order 52 of the Rules of Court 2012 — for example, where a defendant has breached an injunction order. The affidavit must prove that the injunction order was personally served on the defendant before the breach occurred, as an injunction can only be enforced against a person with notice of its terms.

An Affidavit of Service is needed when serving statutory notices in corporate insolvency proceedings — such as the 21-day statutory demand under Section 466 of the Companies Act 2016 which is a prerequisite to presenting a winding-up petition. The affidavit of service of the statutory demand is essential evidence in the winding-up proceedings.

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

Deponent Identity: The full name, occupation, and address of the process server or the person who effected service. The deponent must have personal knowledge of the service — they must have been present at the time of service. An administrative officer or solicitor who did not personally serve the document cannot depose to an Affidavit of Service unless they are confirming substituted service that they arranged.

Document Served: A precise identification of the document that was served — including the name of the court, the case number, the title of the proceedings (parties' names), and the nature of the document (e.g., Writ of Summons, Originating Summons, Notice of Application, Court Order, Statutory Demand). A copy of the document served must be exhibited as a numbered exhibit to the affidavit.

Recipient Details: The full name of the person on whom the document was served, and — for personal service — a physical description of the person if they did not identify themselves (to establish that service was effected on a human being at the address and not left with an unknown person).

Date, Time, and Place of Service: The exact date (in DD/MM/YYYY format), time (e.g., 2:45 p.m.), and physical address or location where service was effected. These details are essential for computing the time allowed for the defendant to respond and for determining whether service was effected before any relevant deadline.

Manner of Service: A description of how service was effected — for personal service, a statement that the document was delivered personally to the named defendant (or to a named officer at the company's registered office for corporate service); for substituted service, a description of the specific mode authorised by the court order and confirmation that it was carried out exactly as ordered.

Attempts Before Substituted Service: If substituted service was ordered, the affidavit should record the prior attempts at personal service — dates, times, and the outcomes of those attempts — demonstrating that personal service could not be effected despite diligent effort, which is the prerequisite for a court to order substituted service under Order 62 Rule 5 of the Rules of Court 2012.

Additional compliance elements for a Affidavit of Service (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.