Affidavit Evidence, 3rd Edition | 2025

Description

Affidavits are crucial in the administration of justice, especially in interlocutory matters where many cases are resolved based solely on affidavit evidence. When evidence can be effectively and comprehensively presented through affidavits, it helps ensure cases are handled more efficiently and in an orderly manner. The book Affidavit Evidence offers a clear and thorough explanation of this vital aspect of litigation practice.

Focusing on civil practice from a local standpoint, the book provides an in-depth discussion supported by extensive references to both local and foreign case law, along with relevant statutory provisions. It offers valuable practical insights that benefit both seasoned lawyers and those new to the field. The content is well-structured for ease of use, starting with the basics of preparing affidavits, followed by a detailed examination of the formal requirements for their validity. The book also covers practical issues related to filing and serving affidavits, before analyzing common defects in affidavits and the remedies available to address them. It then provides practical guidance on evaluating affidavit evidence, including cross-examination procedures and affidavits used in specific proceedings, concluding with a discussion on the consequences of submitting false affidavits.

This latest edition of Affidavit Evidence is a comprehensive resource compiled by an experienced legal professional. It has been fully updated to reflect recent legal developments, including the 2012 Rules of Court, the 2016 Companies Act, and the 1967 Insolvency Act.

• • Recent cases showing how the courts have been able, relying on Order 1A and Order 2 r 3, to save or allow the use of defective or non-compliant affidavits thereby ensuring that justice is not frustrated by technical non-compliance.
  • Discussion on the limits of Order 1A and Order 2 r 3.
  • Recent cases dealing with challenges against affidavits in forfeiture proceedings under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 as amended in 2014.
  • Recent authorities showing the usefulness of Order 41 r 13 which allows for affidavits made in English outside the jurisdiction to be filed without being accompanied by a translation in Bahasa Malaysia, unless directed otherwise by the court.
  • Further consideration of the switch from “must” to “shall” in Order 41 made by the Rules of Court 2012.
  • New discussion on expert evidence.
  • General improvements and rewriting for better clarity.