Affidavits: Evidence, Form & Contents  

Affidavits: Evidence, Form & Contents

ISBN 983-41166-5-9
Author: Nasser Hamid
Binding: Softcover/Extent: 385 pp
Publication Price: MYR 180.00
The law is stated as of March 1, 2004

This publication examines the law on affidavits in relation to the Evidence, Form and Contents as required by the Rules of the High Court 1980. Chapter 2 covers the Admissibility of Affidavit Evidence, with particular references Order 38 of the RHC 1980 as well as the rules of evidence. The approach of the courts in hearing application for leave to Cross-Examine deponents of affidavits is extensively covered.

Affidavits: Evidence, Form and Contents provides the reader with the relevant provisions of the Rules of the High Court 1980 and the Evidence Act 1950. The practitioner is provided with, the Subject Index, Table of Cases, and the Table of Statutes to locate the area of research with reference to affidavits. To further assist the practitioner, extracts of the relevant judgments are provided to enhance the research. Citations are provided for the MLJ, CLJ AMR and the SLR. Appellate decisions are clearly indicated and notes are provided to indicate the divergence of judicial opinion.

Topics Covered At a Glance:

  • Chapter 1 is entitled, Introduction which includes the need for Compliance with the Rules of Procedure.
  • Chapter 2 – Evidence, includes the Evaluation of Affidavit Evidence and Solicitors as Deponents.
  • Chapter 3 – Form covers Intitulement, Information of Deponent, Without Prejudice Communication and Exhibits.
  • Chapter 4 – Contents examines the requirement of Order 41 r 5 of the RHC, ‘Personal Knowledge’ & ‘Statements of Information and Belief’, Affidavits by Solicitors and applications to expunge paragraphs.
  • Chapter 5 – Jurat, encompasses the Form of Jurats, Interpreters & Interpretation and Defective Jurat.

Download full Table of Contents for this book here