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Chapter 1
O.41 ROC 2012: AFFIDAVIT
INTRODUCTION
Almost
Affidavits
Function
of an affidavit is different
from pleadings.
WHAT IS AN AFFIDAVIT?
An
It
O 41 r 1
If
divided
dates,
Signed
JURAT
JURAT
The
O.
There
Hearsay
Dynacast
Where
O.
Dynacast
Utama
An
affidavit in interlocutory
proceeding may contain statement of
information or belief with the sources
and grounds thereof. (provided that the
sources and grounds of the information
are stated)
Re
Alterations in Affidavit:
O.41
r.7
An affidavit having alterations cannot be
filed or used in any proceeding unless
the CFO has initialed the alteration
No
Thus,
Replying an Affidavit
An
Alloy
Documents to be Exhibited:
O.41 r.11
Document
The
The
Palaniappa
Documents to be Exhibited:
O.41 r.11
OUL
However,
Affidavit in Foreign
language
O.92
r.1(3)
Filing of Affidavits: O 41 r.
9
Every
Every
HOWEVER
Where
party
Affidavit
For
Finance Bhd V
Serajudin Bin Mohd Ismail &
Anor[1998] 7 MLJ 536
An affidavit affirmed exactly one week
before the OS was filed cannot be said
to have been affirmed in a cause or
matter in accordance with O 41 r 1 of
the Rules of the High Court 1980
because there was no cause or matter
that had been registered at the registry.
It is a nullity as it supports a nonexistent cause or matter
HOWEVER:
Multi-purpose
Malaysia