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Affidavit Of Withdrawal for Malaysia

Affidavit Of Withdrawal Template for Malaysia

An Affidavit of Withdrawal is a formal legal document used in Malaysian courts where a person (the deponent) formally declares their intention to withdraw from a legal proceeding, claim, or statement previously made. This document must be sworn or affirmed before a Commissioner for Oaths in Malaysia and comply with the requirements set forth in the Rules of Court 2012 and related Malaysian legislation. The affidavit serves as an official record of the withdrawal and includes detailed information about the original matter, reasons for withdrawal, and any relevant supporting documentation.

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Affidavit Of Withdrawal

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What is a Affidavit Of Withdrawal?

The Affidavit of Withdrawal is a crucial legal instrument in Malaysian jurisprudence, used when an individual or entity needs to formally retract or withdraw from a legal proceeding, statement, or claim previously made to the court. This document becomes necessary in various situations, such as when parties reach an out-of-court settlement, when circumstances change making the original claim unnecessary, or when the deponent wishes to retract a previous statement. The affidavit must be prepared in accordance with Malaysian law, particularly the Rules of Court 2012 and the Commissioners for Oaths Rules 2018. It requires proper execution before a Commissioner for Oaths and must contain specific details about the original matter, clear reasons for withdrawal, and confirmation that the withdrawal is made voluntarily. The document serves as an official record and can have significant legal implications for all parties involved.

What sections should be included in a Affidavit Of Withdrawal?

1. Title and Jurisdiction: States the nature of the document as an Affidavit of Withdrawal and the jurisdiction (Malaysia)

2. Deponent Details: Full legal name, NRIC/passport number, age, occupation, and address of the person making the affidavit

3. Original Case Details: Reference to the original case or matter number, court details, and parties involved

4. Declaration of Withdrawal: Clear statement of intention to withdraw and specific details of what is being withdrawn

5. Reasons for Withdrawal: Statement explaining the grounds or reasons for the withdrawal

6. Voluntary Declaration: Statement confirming that the withdrawal is made voluntarily and without coercion

7. Verification Statement: Standard declaration that the contents are true and correct

8. Execution Block: Space for signature, commissioner for oaths details, and dates

What sections are optional to include in a Affidavit Of Withdrawal?

1. Settlement Details: Include when the withdrawal is part of a settlement agreement between parties

2. Consent of Other Parties: Include when the withdrawal requires or has obtained consent from other parties

3. Financial Implications: Include when there are costs or financial matters related to the withdrawal

4. Related Proceedings: Include when there are other related legal proceedings affected by this withdrawal

What schedules should be included in a Affidavit Of Withdrawal?

1. Original Court Documents: Copies of the original court documents being withdrawn

2. Supporting Documents: Any relevant correspondence or documents supporting the reasons for withdrawal

3. Settlement Agreement: If applicable, the settlement agreement leading to the withdrawal

4. Consent Letters: If applicable, written consent from other parties involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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