202
Laws of Malaysia
Act 593
(b)
the statement contains a declaration by that person to the
effect that it is true to the best of his knowledge and
belief; and
(c)
a copy of the statement is served, by or on behalf of
the party proposing to tender it, on each of the other
parties to the proceedings not later than fourteen days
before the commencement of the trial unless the parties
otherwise agree.
(3) Notwithstanding paragraph (2)(c), a party proposing to
tender a statement in evidence under subsection (1) may not serve
the statement to any other parties to the proceedings where the
parties to the proceedings agree before or during the proceedings
that the statement shall be so tendered.
(4) If a statement proposed to be tendered in evidence under
subsection (1)—
(a)
is made by a person who cannot read, the statement shall
be read and explained to him before he signs it and the
statement shall be accompanied by a statutory declaration
made under the *Statutory Declarations Act 1960
[Act 783] by the person who so read the statement to
the effect that it was so read and explained; or
(b)
refers to any other document or object as an exhibit, the
copy served on any other party to the proceedings under
paragraph (2)(c) shall be accompanied by a copy of that
document or by a photograph of the object and such
information as may be necessary in order to enable the
party on whom it is served to inspect the document or
object, as the case may be, unless it is not expedient
to do so.
(5) Notwithstanding that the written statement of a person may
be admissible as evidence by virtue of this section—
(a)
the party by whom or on whose behalf a copy of the
statement was served may call the person making the
statement to give additional evidence which may include
matters which are not contained in the statement; and
*NOTE—Act 783 first enacted as the Statutory Declarations Act 1960 [Act No. 20 of 1960]
and revised as the Statutory Declarations Act 1960 [Act 13] and later revised as Act 783 w.e.f.
17 November 2016.
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