Can I give evidence by video link instead of attending court in person?

Since 2020, Malaysian courts have used video technology much more widely. That leads many witnesses to ask whether they can give evidence from home, from the office or from abroad. This article focuses on testimony specifically. For remote hearings in general, see our article on online and remote court hearings.

What is the legal basis for giving evidence remotely?

Section 15A of the Courts of Judicature Act 1964, added by amendment in 2020, allows the Federal Court, Court of Appeal and High Court to conduct proceedings, civil or criminal, through remote communication technology. Similar provision was made for the Sessions and Magistrates' Courts. These provisions are subject to the court's control and to existing protections, such as special measures for child witnesses.

Separately, the Evidence of Child Witness Act 2007 has long allowed child witnesses to give evidence by live link, so they do not have to be in the same room as the accused.

Do I need the court's permission?

Yes. Remote evidence is not automatic. The party calling the witness usually applies to the court, explaining why. Common reasons include:

• the witness lives abroad and cannot travel;
• illness, disability or advanced age;
• the witness is a busy professional, such as a doctor, whose evidence is short and largely documentary;
• safety or welfare reasons, especially for vulnerable witnesses.

The other side may object, for example if credibility is central and they argue cross-examination would be fairer in person. The judge weighs fairness to both sides.

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What rules apply in the room?

If the court allows remote evidence, it usually gives directions. Typical requirements include:

1. A private, quiet room. No one else should be present unless the court allows it, such as an interpreter or a support person for a vulnerable witness.
2. Identity. You may be asked to show your identity card or passport on camera.
3. Camera position. The court may ask you to show the room, keep your face and hands visible, and keep the camera on throughout.
4. No notes or devices. Do not read from notes, messages or another screen unless the court permits it.
5. Oath or affirmation. You are sworn or affirmed as in court. False evidence given remotely is just as serious as false evidence given in the courtroom.

How are documents and interpreters handled?

• Documents. You usually receive the bundle in advance, in hard copy or electronically, so you can turn to the page counsel refers to. Do not mark or annotate the bundle unless told you may.
• Interpreters. If you need one, tell the lawyer early. The interpreter may be in court or connected remotely. Speak in short sentences and pause.
• Technical problems. If the sound or picture fails, stop and tell the court. Do not keep answering if you cannot hear the question properly.

What should I prepare?

• A reliable internet connection, a charged device and a backup (such as a phone hotspot).
• A quiet room where you will not be interrupted for several hours.
• Your identity document.
• The bundle and your witness statement, if provided.
• A test call with the lawyer or court beforehand, if offered.

Common mistakes

• Having someone else in the room, even silently.
• Looking at notes or messages while answering.
• Joining from a car, café or public place.
• Logging in late or leaving before the court releases you.
• Assuming remote evidence is informal. Dress and behave as you would in court.

When to speak to a lawyer

If you cannot attend court in person, tell the lawyer who called you as early as possible, so that an application can be made in time. If you are a party, your lawyer will consider whether remote evidence is appropriate. Chris & Partners, led by Dr Chee Hui Bing, handles litigation in courts across Malaysia. Contact us; every case depends on its facts.

Frequently asked questions

Can I insist on giving evidence by video?

No. The court decides, after hearing both sides.

Which platform is used?

It depends on the court's directions. The court or the lawyer will send joining details.

Can my lawyer sit with me?

Generally no one should be with you while you give evidence unless the court allows it. Follow the court's directions.

What if my connection drops during cross-examination?

Reconnect as soon as you can and tell the court what happened. The court decides how to continue.

Is remote evidence given less weight?

Not automatically. The court assesses the evidence as a whole, but a poor connection or an unsuitable setting can affect how clearly your evidence comes across.

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. Courts of Judicature Act 1964 (Act 91), AGC Laws of Malaysia
2. Subordinate Courts Act 1948 (Act 92), AGC Laws of Malaysia
3. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia
4. Evidence of Child Witness Act 2007 (Act 676), AGC Laws of Malaysia
5. Evidence Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
6. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
7. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026