What is the correct procedure to allow for foreign deponents to affirm affidavits for use in Malaysian Court proceedings? See my summary of the procedure.

(i) Affirmation

Under Order 41 Rule 12 of the Rules of the High Court 1980, deponents from a Commonwealth country can affirm the affidavit before a notary public or person having authority to administer oaths (where there are commonly Commissioner for Oaths in Commonwealth countries).

But where the deponent is NOT from a Commonwealth country, then he must affirm the affidavit before a consular officer of a Commonwealth country i.e. head to the nearest Commonwealth embassy in that country.

(ii) Translation

Have the deponent affirm everything in English (which would include the exhibit cover page and all the headings in English).

The English copy of the affidavit will be filed and a Malay version of the affidavit will have to be affirmed by a certified translator and this Malay affidavit will exhibit the entire English affidavit along with a Malay translation of the contents. You can see this method stated by Vincent Ng J in Gilbert Engineering Co Inc v Zainuddin Ahmad & ors (No. 2) [2003] 3 CLJ 39.