Affidavit Evidence, Third Edition by Dr Andrew Chew Peng Hui | 2025

Affidavit Evidence, Third Edition by Dr Andrew Chew Peng Hui | 2025

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.

New Developments Covered in This Edition:

• Recent court decisions illustrating how, by applying Order 1A and Order 2 rule 3, defective or non-compliant affidavits have been accepted or preserved to prevent justice from being hindered by technical errors.

• An examination of the limitations of Orders 1A and 2 rule 3.

• Updates on recent cases challenging affidavits used in forfeiture proceedings under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, as amended in 2014.

• New case law highlighting the practical application of Order 41 rule 13, which permits affidavits made in English outside the jurisdiction to be submitted without a Bahasa Malaysia translation unless the court orders otherwise.

• Further analysis of the change in wording from “must” to “shall” in Order 41 as introduced by the 2012 Rules of Court.

• Added discussion on expert evidence.

• General revisions and enhancements throughout the book for improved clarity and readability.

Contents of Affidavit Evidence, Third Edition by Dr Andrew Chew Peng Hui:

1.Introduction
2.Preparation of Affidavits
3.Affidavits in Judicial Proceedings
4.Contents of Affidavit
5.The Jurat
6.The Exhibits
7.Affidavits Made Outside the Country
8.Filing and Service of Affidavits
9.Defective Affidavits
10.Assessment of Affidavit Evidence
11.Affidavits in Particular Proceedings
12.Making False Affidavits

Find more books like Affidavit Evidence, Third Edition by Dr Andrew Chew Peng Hui: Evidence Law