I have been called as a witness in a Malaysian court — what do I need to do?

Being called as a witness can be unsettling, especially if you have never been inside a courtroom. You might be a bystander to an accident, a colleague in an employment dispute, a family member, or a doctor asked to explain medical records. This guide explains what being a witness involves in Malaysia and how to prepare. It is about understanding the process. Your only job in the witness box is to tell the truth.

Why have I been called?

A party to a case (the prosecution or defence in a criminal case, or the plaintiff or defendant in a civil case) believes you know facts relevant to the dispute. They may contact you informally first. If they need to be sure you attend, they can have the court issue a formal document:

• in civil cases, a subpoena under Order 38 of the Rules of Court 2012, either to give evidence, to produce documents, or both;
• in criminal cases, a summons to a witness under the Criminal Procedure Code.

Being a witness does not mean you are accused of anything. You are there to help the court find out what happened.

Do I have to attend?

Yes. A properly served subpoena or summons is a court order. If you do not attend without a lawful excuse, the court can take action, including issuing a warrant for your arrest to bring you to court, and you may face other consequences. If you have a genuine difficulty (illness, a clash with another court date, travel booked long before), contact the party or lawyer who called you immediately. Do not simply stay away.

Do I have to tell the truth?

Absolutely. Before giving evidence, you take an oath or make an affirmation to tell the truth. Giving false evidence is a serious criminal offence under the Penal Code (sections 191 and 193). This applies whatever side called you, and even if the truth does not help that side.

A lawyer may explain court procedure to you and ask what you know, but nobody may tell you what to say or suggest you change your account. If anyone tries, tell the lawyer conducting the case or the court.

How does giving evidence work?

The Evidence Act 1950 sets out the order of questioning:

1. Examination-in-chief: the party who called you asks questions to bring out your evidence. In many civil cases, your evidence-in-chief is a witness statement prepared in advance, which you confirm on oath.
2. Cross-examination: the other side's lawyer asks questions to test your evidence. They may suggest you are mistaken or ask about details. Stay calm and answer truthfully.
3. Re-examination: the party who called you may ask further questions to clarify matters raised in cross-examination.

The judge may also ask questions. If you do not understand a question, say so. If you do not know or do not remember, say that truthfully. You can give evidence in Bahasa Malaysia or English, and the court can provide an interpreter for other languages; see our guide on court interpreters.

Have a question about your own situation? Ask on WhatsApp

What about witness statements in civil cases?

In civil trials, the court commonly directs that the evidence-in-chief of each witness be given by a written witness statement, filed and exchanged before trial. If you are asked to sign one, read it carefully. It must be in your own words as far as possible and must be true and accurate. If anything is wrong, incomplete or not what you remember, tell the lawyer before signing. You will be cross-examined on it.

What about expenses?

In civil cases, a subpoena to give evidence is usually served with a reasonable sum for travelling expenses (often called conduct money). In criminal cases, rules on witness allowances apply. Ask the party who called you about travel and loss of earnings before the hearing.

What should I prepare?

• The subpoena or summons itself, with the court, date and time.
• Your witness statement or police statement, if you gave one, to re-read before the hearing.
• Any documents the subpoena requires you to bring.
• Your MyKad or passport.
• Notes of practical matters: how to get to the court, parking, and time off work.
• Your availability on the trial dates, confirmed in writing with the party who called you.

Common mistakes

• Ignoring the subpoena because "it is not my case".
• Guessing instead of saying "I don't know" or "I don't remember".
• Arguing with counsel or losing your temper in cross-examination.
• Discussing your evidence with other witnesses during the trial.
• Signing a witness statement without reading it carefully or that contains words you do not agree with.

Example

Puan Siti saw a collision outside her shop in Johor Bahru and gave her details to the police. A year later she received a subpoena to attend the Sessions Court as a witness in the civil claim. She called the lawyer named on the subpoena to confirm the date, re-read the short statement she had given, and arranged leave from work. In court she described what she saw, said honestly when she could not remember the colour of one car, and answered cross-examination questions calmly.

When to speak to a lawyer

The lawyer who called you represents their client, not you. Speak to your own lawyer if you are worried your evidence may expose you to criminal or civil liability, if you have received a subpoena to produce confidential documents (for example medical records), or if you want to apply to set aside a subpoena. As a former medical officer, Dr Chee understands the position of doctors and other professionals asked to explain their records in court. Contact us; every case depends on its facts.

Frequently asked questions

Can I refuse to be a witness?

Not if you have been properly served with a subpoena or summons, unless the court sets it aside. Some questions may be refused on grounds of privilege, but you must still attend.

Will I meet the lawyer before court?

Often, yes. The lawyer may explain court procedure and go through your statement. They must not tell you what to say.

Can I bring my notes into the witness box?

Not freely. The Evidence Act has rules on refreshing memory from documents. Ask the lawyer and the court.

What if I am scared of the other party?

Tell the lawyer who called you or the prosecutor early. The court has ways of managing vulnerable witnesses.

How long will I be in court?

It varies from under an hour to several days. Keep the whole day free and be ready for adjournments.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Evidence Act 1950 (Act 56), including section 114A, AGC Laws of Malaysia
2. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93
3. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia
4. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
5. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026