I am giving evidence for my company in a commercial dispute — what is expected of me?

Companies cannot speak for themselves in court; people speak for them. If you are a director, manager or employee asked to be the company's witness in a commercial dispute, you may wonder how much you are expected to know. The short answer is: only what is true, and only what you can properly speak to.

What is the difference between personal knowledge and company records?

The general rule of the Evidence Act 1950 is that oral evidence must be direct: a witness speaks to what they saw, heard or did. A company witness often has two kinds of knowledge:

• personal knowledge: meetings you attended, emails you wrote, goods you inspected;
• knowledge from records: invoices, ledgers, delivery orders and emails written by others.

Both can be relevant, but you must be clear which is which. Saying "I was told" or "according to the ledger" is honest and proper. Presenting something you read in the file as if you remember it yourself is not.

What about documents made by other staff?

A document is usually best proved by its maker, the person who wrote or signed it, who can be cross-examined on it. Where the maker has left the company or cannot be found, the Evidence Act contains exceptions. For example, statements made in the ordinary course of business may be admissible in some circumstances (section 32), and there are provisions on documentary evidence in civil proceedings and on computer-produced documents (including section 90A).

Whether an exception applies is a legal question for your lawyer. In practice, it is common to agree many documents in a bundle before trial, so that their authenticity does not have to be proved. See our article on originals, copies and the agreed bundle.

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How should I prepare?

1. Read the pleadings so you know what is actually disputed.
2. Read the documents you will speak to, including the emails you wrote at the time.
3. List what you personally know, and separately, what you know only from records or colleagues.
4. Identify gaps. If a key event was handled by someone else, tell the lawyer; that person may need to be a witness.
5. Check your witness statement line by line. It must be in your words and true.

Preparing from the file helps you understand the documents. It must never become a way of "remembering" things you did not experience.

What if several staff are giving evidence?

Commercial cases often have several company witnesses: a sales manager, a finance officer, a technical person. Each should give their own evidence:

• each witness statement should be written separately, from that person's knowledge;
• witnesses should not copy each other's wording or agree a common version;
• once trial starts, witnesses should not discuss their evidence with each other, especially during cross-examination.

Statements that look identical suggest coordination and weaken credibility.

What will I be asked in cross-examination?

Expect questions such as:

• "Were you personally at that meeting?"
• "Who prepared this invoice? Have you spoken to them?"
• "Where is the original contract?"
• "Why is there no email confirming this?"
• "Are you aware of the company's own internal documents on this point?"

Answer truthfully, including "I don't know" and "I wasn't involved". Do not defend the company's position at the cost of accuracy.

Common mistakes

• Speaking about events you did not witness as if you did.
• Guessing about internal processes you do not handle.
• Copying another witness's statement.
• Bringing new documents to court without giving them to the lawyer first.
• Treating the case as personal, and arguing with counsel.
• Hiding unhelpful documents. Discovery obligations apply, and concealment is far more damaging.

When to speak to a lawyer

If your company is in a dispute, involve the lawyer early in deciding who the right witnesses are and which documents must be preserved. If you personally are worried about your position, for example as a director, take independent advice. Chris & Partners, led by Dr Chee Hui Bing, handles commercial litigation. Contact us; every case depends on its facts.

Frequently asked questions

Can the company choose any director as its witness?

The company can choose its witnesses, but a witness with no personal involvement may not be able to give useful evidence on disputed facts.

What if the employee who handled the deal has left?

Tell the lawyer. They may still be asked to attend, or the lawyer will consider whether the documents can be proved another way.

Can I refer to notes in the witness box?

Only with the court's permission, and usually only notes made at the time of the events. Ask your lawyer.

Am I personally liable if the company loses?

Not generally, as a witness. Directors' personal liability depends on separate legal grounds.

Must I hand over unhelpful documents?

Discovery obligations apply to relevant documents, whether helpful or not. Discuss with your lawyer.

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. Evidence Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
3. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93
4. Companies Act 2016 (Act 777), AGC Laws of Malaysia
5. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia

Fact-checked on 17 Oct 2026