Procedure for Adducing Evidence

in Court
r
 3 Forms of Evidence
1.Testimony of Witnesses(oral evidence )
2.Documentary evidence
3.Real evidence /physical evidence

Taken together these 3 types of evidence are

known as “Judicial Evidence”
• Note : All Judicial Evidence will be subject to
the rules of evidence which will determine if
the evidence adduced will be admissible & the
weight to be given.
RELEVANCY

ADMISSIBILITY

WEIGHT
Procedure for Adducing Evidence in Court

• This part deals with the preparation of

evidence for court and the procedure used to
adduced evidence in court.
Procedure Rules of Admissibilit
to Adduce Evidence y & Weight
 Testimony of Witness
• Oral evidence
• Given in court
• Under oath / affirmation (sworn evidence)
• Only facts perceived by own senses and
matters that witness has personal knowledge
of.(s.60)
• Note : use of Affidavits(ROC : O38 & O 41)
• use of witness statements (O.38 r 2 & O39)
• S.112 CPC 98 r. 2)
 Documentary Evidence
• Can be relevant :
• A) authenticity
• B) contents
• C) real evidence
 How to Adduce Documentary Evidence in
Civil Proceedings

Agreed Bundle Disputed Documents of

Documents Disputed Bundle
 Agreed Bundle

Authenticity Contents
In the absence of any express conditions
regarding the inclusion of a document :
1. Agreed as to authenticity
2. GR truth of contents not admitted unless this
has been agreed to by the parties.
• 3. These documents do not automatically become
of part of the evidence before the court unless it is
referred to by either of the parties.(exam of
witness, submission etc.)Once it is part of the
evidence it must be marked as an exhibit.
• 4.The truth of contents of any document is a
matter for the court at the end of trial.
• JAAFAR SHAARI & SITI JAMA HASHIM v. TAN LIP
ENG & ANOR[1997] 3 MLJ 693
 Agreed Bundle
• Both authenticity
&contents agreed
Part 1 • No need to call witness.

• Agreed as to authenticity only.

• Contents are disputed and can
Part 2 be challenged in court and
witness must be called.
 Disputed Documents
• All disputed documentary evidence must be
admitted and proved through a witness.
• As a general rule the maker of the document
must be called as a witness.
• The original documents must be lodged in
court for inspection.
• Once tendered in court it must be marked as
an “exhibit”
• YB DATO' HJ HUSAM HJ MUSA v. MOHD FAISAL
ROHBAN AHMAD [2015] 1 CLJ 787 , CA
 Criminal Proceedings
• All disputed documentary evidence must be
admitted and proved through a witness.
• Note : s.73AA .
• dDATO' SERI ANWAR IBRAHIM v. PP
•
 Real Evidence/Physical Evidence
• Physical objects
• Buildings
• Landscapes
• (for the court’s inspection)
• Real evidence must be adduced by a witness and
marked and identified as “Exhibit” before it is tendered
in evidence .Marked as ID before it is tendered in
evidence.
• Chain of evidence must be established before the
evidence may be admitted.
• NOBIES WEAH EZIKE V PP[2010] 1 CLJ 578