Professional Documents
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Supreme Court PD PDF
Supreme Court PD PDF
Table of Contents
Chief Justice's Foreword ......................................................................................... 1
1. Citation ......................................................................................................... 4
2. Commencement ............................................................................................. 4
4. Updating ....................................................................................................... 4
6. Forms ........................................................................................................... 5
13. Attendance of solicitors in Court and mentioning on behalf of other solicitors ..... 12
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24. Access to case file, inspection, taking copies and searches ............................... 20
26. Filing directions to the Accountant-General for payment into and out of Court .... 25
35B. Overview of Alternative Dispute Resolution (ADR) for civil cases ..................... 43
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43. Applications for discovery or interrogatories against network service providers ... 52
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65. Requesting a hearing date through the Electronic Filing Service ........................ 72
71. Documents for use in trials of writ actions in open Court .................................. 78
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73A. Written submissions and bundles of authorities for special date hearings ......... 84
82. Requests for further arguments before the Judge or Registrar .......................... 99
83. Civil appeals before the High Court from the State Courts .............................. 100
84. Civil appeals before the High Court from tribunal or person under Order 55 of the
Rules of Court ................................................................................................ 100
86. Quantum of security to be provided under Order 57, Rule 3(3) of the Rules of
Court ............................................................................................................ 102
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86A. Appeals Information Sheet for civil appeals to the Court of Appeal ................ 102
87. Filing of records of appeal, core bundles and written Cases for civil appeals under
Order 57, Rules 9 and 9A of the Rules of Court .................................................. 102
87A. Request for leave to exceed page limit for Appellants Case, Respondents Case
and Appellant's Reply for civil appeals to the Court of Appeal ............................... 104
88. Hard copies and soft copies for hearing of civil appeals before the Court of Appeal
under Order 57 of the Rules of Court ................................................................ 105
89. Preparation of appeal records in civil appeals to the Court of Appeal................ 106
89A. Bundle of documents filed with leave of the Court of Appeal ......................... 109
90. Skeletal arguments for appeals before the High Court, Court of Appeal and Court of
3 Judges ....................................................................................................... 110
91. Use of presentation slides for all proceedings before the High Court, Court of
Appeal and Court of 3 Judges........................................................................... 112
98. Taxations involving the Official Assignee, the Official Receiver, the Public Trustee
or the Director of Legal Aid .............................................................................. 120
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104. Documents which must be filed, served, delivered or otherwise conveyed using
the Electronic Filing Service ............................................................................. 125
109. Filing of documents to the Supreme Court through a State Courts service bureau
.................................................................................................................... 128
110. Limits on the size and number of documents submitted using the Electronic Filing
Service.......................................................................................................... 128
111. Documents which cannot be converted into an electronic format ................... 129
115. Responsibility for accuracy and completeness of information submitted using the
Electronic Filing Service ................................................................................... 130
Part XIV : Electronic Filing And Service For Criminal Proceedings............................. 131
PART XIV: ELECTRONIC FILING AND SERVICE FOR CRIMINAL PROCEEDINGS ........ 131
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120. Use of the Technology Courts and the Mobile Infocomm Technology Facilities . 134
122. Applications to use the Mobile Infocomm Technology Facilities ...................... 137
Part XVIII : Matters Under The Legal Profession Act .............................................. 143
134. Applications for admission as an advocate and solicitor of the Supreme Court . 143
135. Part-call applications pursuant to section 32(3) of the Legal Profession Act .. 144
Part XIX : Matrimonial Proceedings And Matters Relating To The Guardianship Of Infants
....................................................................................................................... 146
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138. Transfer of Matrimonial, Divorce and Guardianship of Infants Proceedings ...... 146
139. Transfer of Section 17A(2) Supreme Court of Judicature Act Proceedings ....... 148
140. Documents to be filed at the Legal Registry of the Supreme Court ................ 149
141. Forms of orders, including Mareva injunctions and search orders Formerly known
as Anton Piller order ..................................................................................... 150
144. Applications to set aside statutory demands made under the Bankruptcy Rules153
145. Judicial Management and Winding Up applications under the Companies Act .. 154
146. Documents for use in open Court trials of contested winding-up applications .. 154
Part XXI : Applications Under The Mental Capacity Act ........................................... 156
PART XXI: APPLICATIONS UNDER THE MENTAL CAPACITY ACT ............................ 156
148. Documents to be filed at the Legal Registry of the Supreme Court at the Supreme
Court Building ................................................................................................ 157
Part XXII : Civil Proceedings That Do Not Use The Electronic Filing Service ............... 162
PART XXII: CIVIL PROCEEDINGS THAT DO NOT USE THE ELECTRONIC FILING
SERVICE ....................................................................................................... 162
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154. Information to be provided in cause papers and documents that are filed in the
Legal Registry of the Supreme Court ................................................................. 162
157. File inspection and obtaining hard copy extracts or certified true copies of
documents .................................................................................................... 164
Appendix D : Fees For Use Of The Technology Courts And The Mobile Infocomm
Technology Facilities ....................................................................................... 168
Appendix I : Guidelines for Advocates and Solicitors advising clients about ADR ..... 169
Appendix J : High Court Protocol for Medical Negligence Cases ............................. 169
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Chief Justice's Foreword
Chief Justice's Foreword
On 16 March 2010, the Supreme Court launched the electronic Practice Directions (e-
PD). Since then, anyone requiring access to the Supreme Court Practice Directions has
been able to do so conveniently through the Supreme Court website and even using their
mobile devices. The e-PD marked an important step as the online version was deemed
the authoritative version and amendments have been made by updating the online
version.
eLitigation uses more sophisticated technology than EFS and will permit litigants,
lawyers and law firm staff to access case files online and utilise the information within
the case files. For example, information about the parties and the subject matter of the
case can be utilised to generate summonses, writs of execution and other court
documents. Prayers that are included in the summonses can be reproduced in the
Courts online hearing minute sheets and, eventually, form a part of the draft order of
court. In addition, electronic bundles, such as bundles of pleadings, bundles of affidavits
and the set down bundle, may be created from documents in the case file.
eLitigation re-engineers the existing litigation process in important ways. It has been
designed to simplify and reduce the steps required to accomplish various tasks and to do
away with documents or steps that have been rendered redundant by technology. For
example, parties will no longer be required to file a draft order of court for approval
before filing another copy for engrossment. Instead, a draft order of court will
automatically be generated by eLitigation and sent to the parties. Requests (formerly
praecipe) for writs of execution will no longer be required because stamp fees may be
electronically collected upon the filing of the relevant writ of execution.
Given the vast improvements that have been made to the litigation process by
eLitigation, it is unsurprising that extensive amendments were required to the Supreme
Court Practice Directions. It is therefore timely to launch a new edition of the e-PD.
I warmly commend those involved in developing and implementing eLitigation for their
considerable and untiring efforts in working to refine and update the practice of litigation
in Singapore.
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Chief Justice's Foreword
Sundaresh Menon
Chief Justice
January 2013
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Chief Justice Chan Sek Keong's Foreword to the 2010 Revised Edition
No system of law can do without procedural rules, which are essential in ensuring that
just and fair outcomes are reached in all cases. The Practice Directions of the Supreme
Court thus play an important role in the Courts quest to achieve justice and to uphold
the rule of law. At the dawn of this new decade, the Supreme Court has taken the
initiative to launch the electronic Practice Directions (e-PD), which will ensure that the
Practice Directions are more readily accessible and conveniently at hand to the litigation
practitioner and the general public than ever before.
A key feature of the e-PD is that it takes full advantage of the benefits that the new
media brings. It is accessible from the Supreme Court internet website and will form the
authoritative Practice Directions that all lawyers will cite and refer to, replacing the
traditional hardcopy version. Future amendments to the Practice Directions will be done
online in real time on a paragraph-for-paragraph basis rather than by the previous
method of physically replacing amended pages in the hardcopy Practice Directions on a
page-for-page basis, thus ensuring a paperless, painless and instant amendment
process. Given that the e-PD will be immediately updated with new amendments, the
litigation practitioner can be assured that it will always contain the latest directions on
practice and procedure.
The e-PD provides a subject matter index and this will serve as a useful conceptual
roadmap to the vast terrain of Practice Directions. The e-PD further provides digital
search capabilities, allowing for the search of relevant Practice Directions using key
words. The key words are then highlighted in the final search results. It is also
noteworthy that the e-PD can be freely downloaded (and for free) in its entirety for use
offline and hence can function as a portable electronic book. I have no doubt that all
these can only lead to greater efficiency and convenience for the modern day
practitioner.
I am pleased to launch the e-PD, and I congratulate the Registrar and his team for this
innovative project.
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e- Practice Directions
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Part I : Introduction
PART I: INTRODUCTION
1. Citation
2. Commencement
4. Updating
6. Forms
7. Registrars Circulars
1. Citation
These Practice Directions may be cited as the Supreme Court Practice Directions.
2. Commencement
These Practice Directions are issued to consolidate all previous practice directions of the
Supreme Court. All previous editions of practice directions are revoked with effect from
1 January 2013.
4. Updating
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(2) Where legislation is cited in these Practice Directions, the citation shall be read to
refer to the edition of that legislation currently in force.
(1) These Practice Directions shall apply to civil proceedings only unless otherwise
stated.
(2) For proceedings using the Electronic Filing Service, Part XXII of these Practice
Directions does not apply.
(3) For proceedings that do not use the Electronic Filing Service, the following
paragraphs of Parts I to XXI do not apply:
(a) 37(3);
(b) 59(5);
(g) 78;
(h) 97;
(l) 133(5);
(n) 145;
6. Forms
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Part I : Introduction
The forms in Appendix A of these Practice Directions shall be used where applicable, with
such variations as the circumstances of the case may require.
7. Registrars Circulars
(1) Pursuant to section 71(1) of the Supreme Court of Judicature Act and Order 60, Rule
1(1) of the Rules of Court, the Chief Justice has directed that the Registry shall comprise
of the Division for the Court of Appeal, the Division for the High Court and the Division
for the Singapore International Commercial Court.
(2) There shall be a Divisional Registrar for the Court of Appeal, the High Court and the
Singapore International Commercial Court. The Divisional Registrar shall have control
and supervision of the affairs of each division of the Registry. Overall control and
supervision of the Registry shall remain with the Registrar.
(3) The Chief Justice may designate the Deputy Registrar, any Senior Assistant Registrar
or Assistant Registrar as Divisional Registrar. The Chief Justice may also designate any
Assistant Registrar as Senior Assistant Registrar.
(4) Appendix H sets out the names of the Registrar, Deputy Registrar, Divisional
Registrars and Senior Assistant Registrars.
(5) Pursuant to Order 60, Rule 1(3)of the Rules of Court, the business of the Registry is
governed by the Rules of Court and these Practice Directions. For the avoidance of
doubt, it is hereby declared that any instruction manuals which may be issued from time
to time by the Government are not applicable to the business of the Registry.
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Part II : General Matters
PART II: GENERAL MATTERS
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Part II : General Matters
26. Filing directions to the Accountant-General for payment into and out of Court
Registrars discretion
(1) The Supreme Court operates from 8.30 a.m. to 6.00 p.m. from Monday to
Friday. However, various offices and counters within the Supreme Court have different
operating hours.
(2) The Legal Registry of the Supreme Court (Level 2) is open from 9.00 a.m. to 5.30
p.m. from Monday to Thursday. On Friday, it is open from 9.00 a.m. to 5.00 p.m.
(3) The Commissioner for Oaths office (Level 3M) is open from 8.30 a.m. to 5.30 p.m.
from Monday to Thursday. On Friday, it is open from 8.30 a.m. to 5.00 p.m.
The Honourable the Chief Justice has directed that the Judges of the High Court and the
Court of Appeal shall sit from 10.00 a.m. to 1.00 p.m. and from 2.15 p.m. to 5.00 p.m.
Registrars shall sit from 9.00 a.m. to 1.00 p.m. and from 2.30 p.m. to 5.00 p.m. This is
subject to the presiding Judges or Registrars discretion to commence or conclude a
hearing at an earlier or later time.
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Unless otherwise stated, the provisions in the Rules of Court shall apply to the
calculation of time in these Practice Directions. In particular:
(1) The following definition of working day in Order 1, Rule 4 of the Rules of Court is
applicable in these Practice Directions:
Working day means any day other than a Saturday, Sunday or public holiday.
(2) The provisions of Order 3 of the Rules of Court shall also apply to the calculation of
time:
1. Without prejudice to the Interpretation Act (Chapter 1), in its application to these
Rules, the word month, where it occurs in any judgment, order, direction or other
document forming part of any proceedings in Court, means a calendar month unless the
context otherwise requires.
2. (1) Any period of time fixed by these Rules or by any judgment, order or direction
for doing any act shall be reckoned in accordance with this Rule.
(2) Where the act is required to be done within a specified period after or from a
specified date, the period begins immediately after that date.
(3) Where the act is required to be done within or not less than a specified period before
a specified date, the period ends immediately before that date.
(4) Where the act is required to be done a specified number of clear days before or after
a specified date, at least that number of days must intervene between the day on which
the act is done and that date.
(5) Where, apart from this paragraph, the period in question, being a period of 7 days or
less, would include a day other than a working day, that day shall be excluded.
3. Where the time prescribed by these Rules, or by any judgment, order or direction, for
doing any act expires on a day other than a working day, the act shall be in time if done
on the next working day.
4. (1) The Court may, on such terms as it thinks just, by order extend or abridge the
period within which a person is required or authorised by these Rules or by any
judgment, order or direction, to do any act in any proceedings.
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Part II : General Matters
(2) The Court may extend any such period as is referred to in paragraph (1) although
the application for extension is not made until after the expiration of that period.
(3) The period within which a person is required by these Rules, or by any order or
direction, to serve, file or amend any pleading or other document may be extended by
consent (given in writing) without an order of the Court being made for that purpose,
unless the Court specifies otherwise.
(4) In this Rule, references to the Court shall be construed as including references to the
Court of Appeal.
(5) Paragraph (3) shall not apply to the period within which any action or matter is
required to be set down for trial or hearing or within which any notice of appeal is
required to be filed.
(1) When an applicant files an application for any civil matter (including applications for
interim injunctions or interim preservation of subject matter of proceedings, evidence
and assets to satisfy judgments) or criminal matter, and the application is so urgent that
it has to be attended to outside of the hours specified in paragraph 12(2) of these
Practice Directions, the applicants counsel must contact the Registrar on duty at 6332
4351 or 6332 4352.
(2) When the applicant seeks an urgent hearing for the application, all the papers
required for the application must have been prepared, together with the appropriate
draft orders of Court. Where the documents (including the originating process) have yet
to be filed in Court when counsel seeks the urgent hearing, he must furnish an
undertaking to the Registrar processing the application to have these documents filed in
Court by such time as the Registrar may direct and, in any event, no later than the next
working day.
(3) In seeking an urgent hearing, counsel is to ensure that all applicable notice
requirements prescribed by these Practice Directions are complied with. For criminal
matters to be heard inter partes, notice must be given to the other party prior to the
applicant seeking an urgent hearing.
(4) The Registrar will only arrange for the matter to be heard outside of office hours if it
is so urgent that it cannot be heard the next working day. The hearing may take place in
the Registrars Chambers in the Supreme Court or at any place as directed by the Judge
or Registrar hearing the matter.
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(5) If the application is of sufficient urgency, the Registrar may also direct counsel to
send the application and supporting documents by email. The Judge or Registrar has the
discretion to decide whether to deal with the application by email or to hear counsel
personally.
(b) grant approval for any matter pertaining to the administration of the Legal
Registry of the Supreme Court, including giving early or urgent dates and allowing
inspection of files; and
(2) On Mondays to Fridays (excluding public holidays), the duty hours shall be from 9.00
a.m. to 12.30 p.m. and from 2.30 p.m. to 5.00 p.m.
(3) Only advocates and solicitors (or, where a party is not represented, a litigant in
person) shall appear before the Duty Registrar.
(4) Except where the attendance of the advocate and solicitor is required under sub-
paragraph (6) below, the filing of the relevant documents will be sufficient for the Duty
Registrar to dispose of any application or matter. Documents will be returned to the
advocate and solicitor through the Electronic Filing Service to the inbox of the law firms
computer system or through the service bureau.
(5) All Court fees for the filing of documents should be duly paid before presentation of
the documents to the Duty Registrar for his or her signature and/or decision.
(a) when he or she is requesting an early or urgent date for a hearing before the
Registrar or Judge;
(7) A solicitor may, if he or she wishes to expedite matters, attend before the Duty
Registrar even if his or her attendance is not ordinarily required.
(8) A solicitor who wishes to attend before a Duty Registrar and to refer him or her to
documents filed must either:
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Part II : General Matters
(a) file the documents at least one hour before attending before the Duty
Registrar, so that the documents would already be in the electronic case file for the
Duty Registrars reference. Solicitors should as far as possible only attend before
the Duty Registrar after they have received notification from the Court that the
documents have been accepted; or
(b) attend before the Duty Registrar with the paper documents. The Duty Registrar
will require the solicitor to give an undertaking to file all the documents by the
next working day before dealing with the matter.
(1) Subject to sub-paragraph (2), a solicitor appearing in any cause or matter may
mention for counsel for all other parties provided that:
(a) the solicitor obtains confirmation of his authority to mention on their behalf for
the purpose of the hearing; and
(2) However, where an adjournment of the hearing date of any cause or matter is
sought, solicitors for all parties must attend the hearing. See also paragraphs 67 and 68
of these Practice Directions.
(3) Solicitors appearing in any cause or matter should be punctual in attending Court, as
delay in the commencement of the hearing leads to wastage of judicial time. Appropriate
sanctions may be imposed for solicitors who do not arrive for hearings on time.
(1) For the avoidance of doubt, the general rule is that hearings in chambers in civil
proceedings are private in nature, and that members of the public are not entitled to
attend such hearings.
(2) However, subject to any written law, the Court may, in its discretion, permit
interested parties, such as instructing solicitors, foreign legal counsel and parties to the
matter, to attend hearings in chambers. In exercising its discretion, the Court may
consider a broad range of factors including: (a) the interest that the person seeking
permission has in the matter before the Court; (b) the interests of the litigants; (c) the
reasons for which such permission is sought; and (d) the Courts interest in preserving
and upholding its authority and dignity.
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(1) If:
is required to attend Court and wishes to absent himself from Court on medical grounds,
he must provide the Court with an original medical certificate. The medical certificate
must be in the proper form and contain the information and particulars required by sub-
paragraphs (2) to (5).
(2) A medical certificate issued by a Government hospital or clinic may be in the pre-
printed form produced by the Ministry of Health, a sample of which may be found at
Form 1 of Appendix A of these Practice Directions. A medical certificate issued by a
restructured hospital or specialist centre may also be in a pre-printed form similar to the
sample which appears at Form 1. The pre-printed medical certificate must:
(b) contain the name of the medical practitioner who issued the medical
certificate;
(c) state the name of the hospital or clinic in which the medical practitioner
practises;
(d) indicate that the person to whom the certificate is issued is unfit to attend
Court, and specify the date(s) on which he is unfit to attend Court;
(e) be signed in full by the medical practitioner (and not merely initialled); and
(b) identify clearly the medical practitioner who issued the certificate;
(c) state the name of the hospital or clinic at which it was issued;
(d) be signed in full by the medical practitioner (and not merely initialled);
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Part II : General Matters
(f) contain a diagnosis of the patient concerned (unless the diagnosis cannot or
should not normally be disclosed);
(g) contain a statement to the effect that the person to whom the certificate is
issued is medically unfit to attend Court, and specify the date(s) on which the
person is unfit to attend Court; and
(h) bear the date on which it was written and, where this differs from the date of
consultation, this must be clearly disclosed.
(4) If any portion of the information set out in sub-paragraph (3) is not found in the
medical certificate itself, such information may be included in a memorandum which
should be attached to the medical certificate. This memorandum must:
(a) identify clearly the medical practitioner who issued the memorandum;
(b) contain the name of the hospital or clinic at which it was issued;
(c) be signed in full by the medical practitioner (and not merely initialled); and
(5) All information and details in any medical certificate or memorandum must be clearly
and legibly printed.
(6) If the directions set out in sub-paragraphs (2) to (5) are not complied with, the Court
may reject the medical certificate and decline to excuse the attendance of the person to
whom the medical certificate was issued. The Court may then take any action it deems
appropriate.
(7) This paragraph shall apply to all hearings in the Supreme Court, whether in open
Court or in Chambers.
(8) This paragraph shall apply to both civil and criminal proceedings.
(1) The Central Display Management System (CDMS) is used for the following types of
hearings:
(a) hearings before a Registrar (including matters before a Duty Registrar) except
applications for bankruptcy orders; and
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(2) When taking queue numbers at the CDMS kiosk, solicitors are to confer with their
opponent(s) and enter the estimated duration of their own submissions. The number of
minutes entered should be an accurate reflection of the actual duration of submissions
expected to be made by each of the solicitors.
Solicitors should indicate in the CDMS that they are ready for hearing only when the
solicitors for all the parties concerned are present.
(3) The Judge or Registrar has full discretion to manage the queue and call cases in the
CDMS in a manner which he or she deems fit.
(4) Senior Counsel will continue to be given the precedence and the right of preaudience
according to paragraph 16.
(1) By virtue of section 31 of the Legal Profession Act (Cap. 161) and existing custom
and usage, Senior Counsel are given precedence and the right of preaudience.
(2) In order to give substance to the principle of precedence and preaudience to Senior
Counsel, the Honourable the Chief Justice has directed that Senior Counsel who intend to
appear before Judges or Registrars for summonses should inform the Registrar in writing
not later than 2 clear days before the scheduled hearing date. Senior Counsel should
indicate their presence in the Central Display Management System (CDMS), and shall be
given precedence and the right of preaudience, subject to the Judges or Registrars
overriding discretion.
(3) All other counsel, including those who appear on behalf of their Senior Counsel, will
be heard according to the order in which their matters appear on the CDMS, subject to
the Judges or Registrars overriding discretion.
(1) The attire for male advocates and solicitors appearing in open Court will be the
existing gown worn over an ordinary long-sleeved white shirt with a turn-down collar, a
tie of a subdued or sober colour, a dark jacket, dark trousers and black or plain coloured
shoes.
(2) The attire for female advocates and solicitors appearing in open Court will be the
existing gown worn over a long-sleeved white blouse high to the neck, a dark jacket, a
dark skirt or dark trousers and black or plain coloured shoes. Conspicuous jewellery or
ornaments should not be worn.
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Part II : General Matters
(3) When appearing before the Judge or Registrar in Chambers, the attire for both men
and women will be the same as for open Court, save that the gown need not be worn.
(4) The attire for Senior Counsel shall be as described in sub-paragraphs (1) to (3), save
that, for hearings in open Court, they may, instead of the existing gown, wear a gown in
the design of those worn by Queens Counsel of England and Wales and made of the
following material:
(a) silk;
The Honourable the Chief Justice, on the advice of the Council of Judges, has directed
that the following forms of address shall apply:
(1) The Chief Justice, the Judges and Judicial Commissioners shall, when sitting in open
Court or in Chambers, be addressed as Your Honour, and on social occasions or other
extra-judicial occasions, as Chief Justice or Judge, as the case may be.
(2) The Chief Justice, the Judges and the Judicial Commissioners shall, in all cause lists,
orders of Court, correspondence and other documents, be described respectively as
Chief Justice, Justice or Judicial Commissioner without any accompanying gender
prefix.
(1) In the event that a party is represented by more than one counsel at a hearing,
whether in open Court or in Chambers, the making of submissions and the questioning
of witnesses may be carried out by one counsel for each party only.
(a) the issues on which each counsel will be making submissions; and/or
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(3) If leave has been granted in accordance with sub-paragraph (2), counsel should
ensure that he or she confines himself or herself to the issues or portions of evidence in
respect of which leave was granted and that there is no overlap in the issues or the
examination being dealt with by different counsel for the same party. Further, counsel
must not repeat, clarify or expand on any submissions that have been made by another
counsel for the same party, or examine, cross-examine or re-examine witnesses on
portions of their evidence dealt with by another counsel for the same party.
(4) If leave of the Court is not sought in accordance with sub-paragraph (2), only one
counsel will be allowed to make submissions or conduct examination, cross-examination
or re-examination for a party throughout the hearing.
(5) This paragraph shall apply to both civil and criminal proceedings.
(1) The directions set out in sub-paragraphs (2) to (9) below are to be followed in
relation to all requests for interpretation services of interpreters from the Supreme
Court's Interpreters Section, whether the services are required for hearings in open
Court or in Chambers.
(2) Not less than 7 working days before the day on which the services of an interpreter
are required ("scheduled day"), the requesting party must file a Request addressed to
the appropriate Head Interpreter through the Electronic Filing Service and attach Form 2
of Appendix A of these Practice Directions in Portable Document Format (PDF) to the
Request electronic form.
(3) The Request in sub-paragraph (2) must be filed for hearings of matters which have
been adjourned or part-heard, even if the services of an interpreter were requested and
provided at an earlier hearing of the same matter. In the event that a Request is made
in respect of an adjourned or part-heard matter, the Request should state the date of
the earlier hearing.
(4) The requesting party shall make payment of any prescribed fees for interpretation
services under the Rules of Court upon approval of the Request.
(5) In the event that the services of the interpreter are for any reason not required on
any of the scheduled days specified in the Request, the requesting party shall
immediately notify the appropriate Head Interpreter either by letter, facsimile
transmission or email. This shall serve as a notice of cancellation.
(6) Any request for refund of the fee paid under sub-paragraph (4) must be submitted to
the Registrar through the Electronic Filing Service within one month after the date on
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Part II : General Matters
which the reason for the refund arose. The supporting reasons and the amount of
refund sought must be clearly indicated in the request for refund.
(7) Unless otherwise decided by the Registrar, the fee paid for any scheduled day may
be refunded only if a notice of cancellation under sub-paragraph (5) is given at least 1
clear working day prior to that scheduled day.
(8) The provision of interpretation services by the Supreme Court's Interpreters Section
is subject to the availability of suitable interpreters on the day that the interpretation
services are required. Failure to comply with the directions set out in sub-paragraphs (2)
to (4) may result in the services of interpreters not being available or provided.
(9) Engagement of private interpreters (i.e. interpreters not from the Supreme Courts
Interpreters Section):
(a) For the avoidance of doubt, a party may engage the services of a private
interpreter for interpretation services in respect of the languages listed in Form 2
of Appendix A of these Practice Directions.
(b) If a party requires the services of an interpreter in a language apart from those
listed in Form 2 of Appendix A to these Practice Directions, it shall be the duty of
the party to engage such an interpreter directly to obtain his or her services for
the scheduled hearing.
(c) Interpreters who are not from the Supreme Court's Interpreters Section must
be sworn in before the Duty Registrar before they may provide interpretation
services for proceedings in Court.
(10) Requests for translation of documents in Chinese, Malay or Tamil for use in
Supreme Court proceedings should be sent using the form available on the Supreme
Court website at least 4 weeks before the date the translations are required, unless
there are exceptional reasons justifying non-compliance.
(11) In the event that the Supreme Court's Interpreters Section is unable to accept a
translation request, parties and counsel should approach a private translation service
instead.
(1) Pursuant to Order 38A, Rule 1 of the Rules of Court, the Registrar hereby directs that
with effect from 1 August 2005, there shall be audio recording of all open Court trials in
actions begun by writs. Such audio recording shall be made using the Digital
Transcription System (DTS) only.
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(2) Pursuant to Order 38A, Rule 1(1)(b), the Registrar further directs that in proceedings
where no audio recording is made, the notes of hearing shall be taken down by the
Judge, judicial officer, Justices Law Clerk or court officer, whether by hand or through
the use of a computer or electronic device.
(3) The provisions of sub-paragraphs (1) and (2) are subject to any directions made by
the Judge or judicial officer hearing the matter, or by the Registrar, whether or not upon
application by the parties. Such directions may include the use of alternative means of
producing transcripts.
(4) Where the Court makes such directions under sub-paragraph (3):
(a) the transcript of the notes of hearing shall, pursuant to Order 38A, Rule
1(1)(b), constitute the official record of hearing; and
(b) the parties shall inform the Registry by letter at least 7 working days before
the scheduled hearing as to the mode by which the proceedings will be recorded.
(5) The costs of engaging a service provider shall be paid by the parties directly to the
service provider.
(6) Requests for certified transcripts of the official record of hearing shall be made by
filing the requisite Request electronic form through the Electronic Filing Service at least 7
working days before the scheduled hearing.
(7) Sub-paragraph (6) shall apply to both civil and criminal proceedings.
(1) In order to maintain the dignity of Court proceedings, the Honourable the Chief
Justice has directed that, in all hearings in open Court or Chambers before a Judge or
Registrar, video and/or image recording is strictly prohibited.
(2) Additionally, all communications with external parties and audio recording during a
hearing are strictly prohibited without prior approval of the Judge or Registrar hearing
the matter.
(3) Court users are permitted to use notebooks, tablets and other electronic devices to
take notes of evidence and for other purposes pertaining to the proceedings during
hearings, provided that such use does not in any way disrupt or trivialise the
proceedings.
(4) The attention of court users is also drawn to section 5 of the Administration of Justice
(Protection) Act 2016 (Act No. 19 of 2016).
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Part II : General Matters
23.Certification of transcripts
Pursuant to Order 38A, Rule 2 of the Rules of Court, the Registrar hereby directs that
transcripts of any record of hearing or notes of hearing may be certified by:
(2) with the approval of the Court, the personal secretary to the Judge or judicial officer
having conduct of the proceedings; or
(1) All parties to a case who are registered users of the Electronic Filing Service may,
subject to this paragraph and any directions of the Court, access the online case file
made available through the Electronic Filing Service and may inspect, download soft
copies or print hard copies of documents accessible to the parties in the online case file.
(2) Where a party to a case is not a registered user and is unable to access the
electronic case file through the Electronic Filing Service, the procedure governing file
inspection by non-parties to a case in sub-paragraph (5) below shall be followed.
(3) All parties to a case shall have the liberty to make amendments at will to
administrative details contained in the electronic case file through the Electronic Filing
Service. Administrative details include the contact details of solicitors, the identities of
the solicitors, and the nature of the claim. Where a party to a case is not a registered
user of the Electronic Filing Service, he or she may attend at the service bureau to seek
assistance to amend the administrative details contained in the electronic case file.
(4) The Registry may require parties to a case to provide supporting documents to
substantiate proposed amendments to other details of the electronic case file before the
amendment is approved. For example, amendments to add or remove a party to the
case have to be supported by an order of court; and amendments to change the name,
gender, identification number, or marital status of a party to the case have to be
substantiated by documentary proof.
(5) In order to inspect a case file, the following procedure should be followed:
20
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out the search or inspection. If this person is not a solicitor, his identity card
number should also be included in the Request after his name, and a copy of his
identity card should be provided. The Request should also state the interest that
the applicant has in the matter, and the reason for the search or inspection. If the
search or inspection is requested for the purpose of ascertaining information for
use in a separate suit or matter, the Request should clearly state the nature of the
information sought and the relevance of such information to the separate suit or
matter.
(b) Once approval for inspection has been received from the Court,
(i) registered users can inspect the case file online through the Electronic
Filing Service;
(ii) parties who are not registered users can inspect the case file by
presenting a copy of the approval at the service bureau. After verifying the
approval, the service bureau will assign the inspecting party a personal
computer for the inspection to be carried out. An inspecting party will
usually be allowed 60 minutes to carry out the inspection. If a longer period
is required, the service bureau may impose a charge for use of the
computer. The service bureau may impose additional charges for
downloading soft copies or printing hard copies of documents from the case
file being inspected.
(6) Solicitors must communicate to the Registrar in writing the names of their clerks who
have their authority to make searches and inspections. Such authority may be in respect
of a specific search or inspection or for a specified period.
(7) For the avoidance of doubt, a non-party that has obtained approval to inspect a case
file may take and retain a soft copy of any document that is available for inspection. All
copies of documents taken in the course of inspection should not be used for purposes
other than those stated in the Request to inspect. Solicitors shall be responsible for
informing their clients of this.
(8) Applications to obtain certified true paper copies of documents, should be made by
way of filing a Request through the Electronic Filing Service.
(a) The intended use of the certified true copies should be clearly stated in the
Request. The relevance and necessity of the certified true copies in relation to their
intended use should also be clearly described.
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Part II : General Matters
(b) Once approval is received from the Court, the applicant should present a
printed copy of the approved Request at the Legal Registry. After verifying that the
Request has been approved, the Legal Registry will inform the applicant of any
additional fees payable. Any additional fees should then be stamped on the
Request at the Cashiers Office at the Legal Registry. Upon presentation of this
stamped Request, the documents will be furnished to the applicant.
(c) The fees prescribed by Appendix B to the Rules of Court will be payable for the
above services in addition to further printing charges which may be chargeable by
the Court or the service bureau for reproducing the copies in paper form.
(9) Order 60 of the Rules of Court provides that the Registry shall maintain information
prescribed or required to be kept by the Rules of Court and Practice Directions issued by
the Registrar. In addition to any provisions in the Rules of Court, the Registrar hereby
directs that the following information shall be maintained by the Registry:
(v) details of probate proceedings, including wills and caveats filed therein;
(d) any other information as may from time to time be found necessary.
(10) Searches of this information under Order 60, Rule 3 may be conducted through the
Electronic Filing Service at a service bureau or at the Legal Registry. The fees prescribed
by Appendix B to the Rules of Court will be payable for such searches.
(11) An application may be made by any person for a licence to use any information
contained in any electronic cause book or register subject to such terms and conditions
as the Registrar may determine. Successful applicants will be required to enter into
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separate technical services agreements with the Electronic Filing Service provider.
Applications under this sub-paragraph must be made in writing, identifying the data
fields sought and providing details of how the information will be used.
(a) personal data shall have the same meaning as defined in the Personal Data
Protection Act 2012 (Act No. 26 of 2012); and
(b) data subject means a person whose personal data appears in any document
filed in the Registry or an electronic cause book or register maintained by the
Registry.
(2) Consent to the collection, use or disclosure of personal data contained in any
document filed with, served on, delivered or otherwise conveyed to the Registrar need
not be obtained.
(3) Pursuant to Order 60, Rule 2 of the Rules of Court, the Registrar may compile and
maintain electronic cause books and registers by extracting information, including
personal data, contained in any document filed with, served on, delivered or otherwise
conveyed to the Registrar.
23
Part II : General Matters
(a) The request to correct the error or omission must be made in writing by the
data subject or by his solicitor, together with the reason for the requested
correction. The request must clearly identify the record and the personal data to
be corrected;
(b) If the data subject is not represented, his identity card number should also be
included in the request and a copy of his identify card should be provided; and
(i) recent copy of the record identifying the error or omission; and
(8) Where a correction is made pursuant to a request under sub-paragraph (7), any
information that is licensed for use under paragraph 24(11) will be updated accordingly
with the corrected personal data.
(1) To deposit an instrument creating a power of attorney under Order 60, Rule 6 of the
Rules of Court, the instrument and other supporting documents, if any, are to be filed,
served, delivered or otherwise conveyed to the Court through the Electronic Filing
Service or the service bureau.
(2) The directions set out in sub-paragraph (1) will also apply to a party who wishes to
file a document which alters the powers created in an instrument that is filed, served,
delivered or otherwise conveyed to the Court on or after 28 May 2002. If the document
relates to an instrument that is presented for deposit before 28 May 2002, the document
must be filed manually in hard copy form.
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(3) The Legal Registry of the Supreme Court will not accept a document named as a
deed of revocation if the deed only seeks to partially revoke the powers created in an
instrument.
(4) Where the instrument creating a power of attorney is executed by a corporation and
the corporation does not have a common seal, an affidavit in support of the application
under Order 60, Rule 6 should be filed on behalf of the corporation:
(a) to affirm the requirements for a valid execution of the power of attorney in
accordance with the laws and practices of the corporations country of incorporation; and
(b) to satisfy the Court that the requirements have been complied with.
(5) A party may rely on the same affidavit in a subsequent filing of separate instruments
on behalf of the same corporation by indicating on the top right hand corner of the
instrument the following statement: Reference is made to affidavit of [name] filed on
[date] in PA No. (xxxxxx) of (xxxx).
(6) A party seeking to file an instrument creating a power of attorney executed before a
notary public or under a corporate seal must produce the original instrument to the Legal
Registry within one working day after filing the instrument. The application will be
processed only after the original instrument is produced.
26. Filing directions to the Accountant-General for payment into and out of
Court
(1) Where monies are sought to be paid into Court pursuant to a judgment or order of
the Court, a copy of the judgment or order must be referenced in the draft direction to
the Accountant-General for payment in and submitted to the Legal Registry of the
Supreme Court for approval.
(2) Where monies are sought to be paid out of Court pursuant to a judgment or order of
the Court, pursuant to the acceptance of a payment into Court made under Order 22 of
the Rules of Court or pursuant to Order 57, Rule 11, a copy of the judgment or order, or
of the notice in Form 32 of Appendix A to the Rules of Court, or of the written consent
attached to the draft direction to the Accountant-General for payment out, must be
submitted to the Legal Registry for approval.
(3) Each draft direction for payment into or payment out of Court shall contain amounts
in a single currency. Where monies in different currencies are to be paid into or out of
Court, separate draft directions must be prepared for each currency in which payment is
to be made.
25
Part II : General Matters
(1) All Requests relating to or in connection with any pending cause or matter are to be
made using the electronic forms available through the Electronic Filing Service. Where an
electronic form is available through the Electronic Filing Service for the Request that is
sought, the Registry has the discretion to refuse acceptance of other forms of written
correspondence (including letters or facsimiles) and to refuse to act on such
correspondence.
(1A) All correspondence to the Court relating to or in connection with any pending cause
or matter shall be copied to all other parties to the cause or matter or to their solicitors
unless there are good reasons for not so doing. Solicitors are further reminded that the
Court should not be copied on correspondence between parties or their solicitors. The
Registry has the discretion to reject or refuse to act on any inappropriate or ex parte
correspondence.
(2) Apart from Requests coming within sub-paragraph (1), all correspondence relating to
or in connection with any cause or matter before the Court of Appeal or a Judge shall be
addressed to the Registrar.
(3) In addition, all letters should be captioned with the number of the cause to which
they relate and the names of the parties. For example:
Between AB (and ANOR or ORS, if there are 2 or more plaintiffs, as the case
may be) and CD (and ANOR or ORS, if there are 2 or more defendants, as the
case may be)
(4) Compliance with the directions in this paragraph will facilitate the expeditious
location of the relevant cause file.
(5) A letter may be sent to the Court by a law firm only in one of 2 ways:
If a letter is sent to the Court by a law firm in any other way, it is liable to be rejected. If
a letter is sent to the Court by a law firm without the information specified in sub-
paragraph (2), it is also liable to be rejected.
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(7) Registrars Directions and Notices from the Registry will be sent to law firms who are
registered users of the Electronic Filing Service through the Electronic Filing Service.
Registered users are to ensure that the inbox of their Electronic Filing Service account(s)
are checked and cleared regularly.
(1) Without prejudice to sub-paragraphs (3) and (4), all law firms are required to notify
the Legal Registry of the Supreme Court of the particulars of person(s) authorised to
collect Court documents or mail from the Supreme Court on their behalf by submitting a
request to authorise user through the Electronic Filing Service.
(2) Where such authorised persons are no longer so authorised, law firms are required
to revoke or delete the authorisation immediately by submitting a request through the
Electronic Filing Service. Until receipt of such notification of revocation or deletion, Court
documents and mail shall continue to be released to such authorised persons upon
production of evidence of identification.
(3) Any solicitor may collect Court documents and mail on behalf of his firm and any
litigant in person may collect documents and mail intended for him in any matter in
which he is a party.
(4) A law firm may authorise a courier service-provider to collect Court documents or
mail from the Supreme Court on their behalf. At the time of collection, the courier
service-provider should produce a letter of authorisation which is printed on the law
firms letterhead and addressed to the courier service-provider. The said letter of
authorisation should clearly state the case number, the name of the courier service-
provider appointed to collect and the Court documents or mail to be collected. An
employee or representative of the courier service-provider collecting the Court
documents or mail may be requested to provide evidence that will allow the Supreme
Court to verify that he is an employee or representative from the courier service-
provider and will have to acknowledge receipt of the Court documents or mail collected.
(1) Notwithstanding anything in these Practice Directions, all Court fees not paid using
the Electronic Filing Service must be paid by electronic means.
27
Part II : General Matters
(2) Payment through electronic means includes payment effected by Interbank GIRO
(IBG), NETS, Cashcards and selected credit cards. For law firms, payment by IBG would
be the most appropriate mode of electronic payment. A law firm using IBG will authorise
the Supreme Court to deduct the fees from its bank account upon lodgement of the
prescribed lodgement form. The law firm will receive detailed reports on its IBG
payments to facilitate accounting and help with bank reconciliation.
(3) The electronic system covers all Court fees previously collected over-the-counter,
hearing fees, mechanical recording services fees and fees for the use of the Technology
Courts in the Supreme Court.
Registrars discretion
(4) Unless otherwise approved by the Registrar, payment of Court fees collected over-
the-counter must be made by electronic means. The Registrar may, in any case, waive
the requirement for the payment to be effected by electronic means, on such terms and
conditions as he or she deems fit.
(2) All concerned are reminded that reports or comments in public on court cases must
not flout any existing law or order of court or be calculated to affect, or be reasonably
capable of affecting, the outcome of any decision by the court.
(3) All concerned are not to publish, report or comment on publicly any affidavit or
statutory declaration which has not been adduced as evidence or referred to in any
hearing in open Court or in Chambers or any other court document which has not been
served on the relevant party or parties in the court proceedings.
(4) All concerned are not to publish, report or comment on publicly any statements
made in Chambers by anyone which is expressly stated to be confidential or is impliedly
confidential. Solicitors may inform their clients of statements made in Chambers when it
is necessary for them to render proper advice to their clients.
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(1) All originating processes and summons filed in the Supreme Court on or after 1
January 2015 shall bear case numbers in the following format:
For example:
HC/OS [Case Number]/[Year filed] Originating Summons filed in the High Court
(2) Parties are to cite the case number in full in all documents and correspondence which
are submitted to the Court.
29
Part III : Originating Processes and Documents
PART III: ORIGINATING PROCESSES AND DOCUMENTS
Special cases
Identification numbers
Meaning of document
Non-compliance
Application
Amendment of pleadings
35A. Pleadings
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(1) This paragraph applies to originating summonses filed on or after 1 January 2006.
(2) The former Form 6 of Appendix A of the Rules of Court (originating summons where
appearance is required) has been deleted with effect from 1 January 2006. Solicitors
attention is drawn to Order 12, Rule 9 of the Rules of Court which provides that no
appearance need be entered to an originating summons.
(3) Where any legislation requires a party to file an originating summons and the form is
not provided within the legislation, the originating summons must be filed using either
Form 4 (Originating Summons) or Form 5 (Ex Parte Originating Summons) of Appendix A
of the Rules of Court.
(4) The parties in Form 4 of Appendix A of the Rules of Court must be stated as
plaintiff and defendant, or appellant and respondent, as the case may be.
(5) The party in Form 5 of Appendix A of the Rules of Court must be stated as
applicant.
(6) Order 28, Rule 2 provides that all originating summonses shall be heard in
Chambers, subject to any provisions in the Rules of Court, written law, directions by the
Court, or practice directions issued by the Registrar.
(7) The following are examples of originating summonses to be heard in open Court
pursuant to written law:
(8) In addition to any provisions in the Rules of Court or other written law, and subject
to any further directions made by the Court, the Registrar hereby directs that the
following applications made by originating summonses shall be heard in open Court:
(a) appeals to the High Court from a Court, tribunal or person under Order 55,
Rule 2(1);
(b) applications to the High Court by case stated in Order 55A, Rule 2(1);
31
Part III : Originating Processes and Documents
(d) applications under the Arbitration Act (Cap. 10) in Order 69, Rule 2;
(e) applications under the International Arbitration Act (Cap. 143A) in Order 69A,
Rule 2;
(g) applications and appeals under the Trade Marks Act (Cap. 332) in Order 87,
Rules 2 and 4;
(h) applications and appeals under the Patents Act (Cap. 221) in Order 87A, Rules
9, 10 and 13;
(i) applications for admission of advocate and solicitor under section 12 of the
Legal Profession Act (Cap. 161);
(j) applications for ad hoc admissions under section 15 of the Legal Profession Act;
(k) applications for leave for eligibility for election or appointment as a member of
Council of Law Society under section 49(6) of the Legal Profession Act;
(l) applications for the name of a solicitor to be replaced on the roll under section
102(2) of the Legal Profession Act;
(m) [deleted];
(n) applications for the vesting of property of a registered trade union in a trustee
under section 45 of the Trade Unions Act (Cap. 333);
(o) applications by the Public Trustee for the appointment of new trustees to
administer a charitable trust under section 63(4) of the Trustees Act (Cap. 337);
(q) applications under the Land Titles (Strata) Act (Cap. 158) in Order 100, Rule 2.
(1) Where a party to any proceedings in the Supreme Court first files a document in such
proceedings, he shall state his identification number (in brackets) in the title of the
document immediately after his name. Thereafter, all documents subsequently filed in
the proceedings by any party shall include this identification number in the title of the
documents.
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(2) Where a party to any proceedings in the Supreme Court first files a document in such
proceedings, and the name of the party does not appear in the title of the document but
does appear in the body of the document, then the identification number of the party
should be stated (in brackets) after the first appearance of his name in the document.
Thereafter, all documents subsequently filed in the proceedings by any party shall
include this identification number (in brackets) after the first appearance of the partys
name.
(3) Sub-paragraphs (1) and (2) shall apply, mutatis mutandis, to documents which are
filed by more than one party.
(4) If any person (living or dead), any entity or any property is the subject matter of any
proceedings, or is affected by any proceedings, but is not a party thereto, and the name
of such person, entity or property is to appear in the title of the documents filed in the
proceedings, the party filing the first document in the proceedings must state the
identification number of such person, entity or property (in brackets) immediately after
the name of the same. Thereafter, all documents subsequently filed in the proceedings
by any party shall include this identification number (in brackets) immediately after the
name of the person, entity or property to which it applies. If the party filing the first
document in the proceedings is unable, after reasonable enquiry, to discover the
identification number of the person, entity or property, he may state immediately after
the name of the same (ID No. not known). All documents subsequently filed by any
party shall then contain these words (in brackets) after the name of this person, entity
or property.
Special cases
(5) The following directions shall apply in addition to the directions contained in sub-
paragraphs (1) to (4):
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Part III : Originating Processes and Documents
(b) where parties are involved in any proceedings as the personal representatives
of the estate of a deceased person, sub-paragraphs (1) to (3) shall apply to the
deceased person as if he were a party;
(c) where more than one identification number applies to any party, person, entity
or property, the identification numbers shall be stated in any convenient order;
and
(d) for bankruptcy matters, the creditor must, in addition to his own identification
number, also state the identification number of the debtor in all documents and
papers filed by the creditor in the bankruptcy proceedings.
Identification numbers
(6) When entering the identification number in the Electronic Filing Service, the full
identification number, including the letters before and after the number should be
entered. Descriptive text which is required to be entered into the actual document, such
as Japanese Identification Card No., should not be entered into the electronic form.
(a) For a natural person who is a Singapore citizen or permanent resident, the
identification number shall be the number of the identity card issued under the
National Registration Act (Cap. 201). The 7 digit number as well as the letters at
the front and end should be stated. For example, (NRIC No. S1234567A).
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(d) For a natural person who is not a Singapore citizen or permanent resident, and
has not been assigned an FIN number and does not have a birth certificate or
passport number, the identification number shall be the number of any
identification document he may possess. Both the number as well as some
descriptive words which will enable the nature of the number given and the
authority issuing the identification document to be ascertained should be stated.
For example, Japanese Identification Card No.
DECEASED PERSON
(e) For a deceased natural person, the identification number shall be as set out in
sub-paragraph 7(a) to (d) above. However, if such numbers are not available, the
identification number shall be the death registration number under the Registration
of Births and Deaths Rules (Cap. 267, Rule 1) or the equivalent foreign provisions,
where the death is registered abroad. The number as well as the following words
should be stated: (Country or place of registration of death) Death Reg. No.
(f) For a company registered under the Companies Act (Cap. 50), the identification
number shall be the Unique Entity Number (UEN).
(g) For a company registered outside Singapore which is not registered under the
Companies Act, the identification number shall be the registration number of the
company in the country of registration.
(h) For a body registered under the Business Registration Act (Cap. 32), the
identification number shall be the UEN number.
(i) For a limited liability partnership registered under the Limited Liability
Partnerships Act 2005 (Cap. 163A), the identification number shall be the UEN
number.
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Part III : Originating Processes and Documents
(j) For any other body or association, whether incorporated or otherwise, which
does not fall within sub-paragraph 7(f) to (i) above, the identification number shall
be any unique number assigned to the body or association by any authority. Both
the number as well as some descriptive words which will enable the nature of the
number given and the authority assigning the number to be ascertained should be
stated. For example, Singapore Trade Union Reg. No. 123 A.
SHIP OR VESSEL
(k) For a ship or vessel, the identification number shall be the registration number
assigned by the port of registry. If no such registration number is available, the
identification number assigned by the International Maritime Organisation (IMO) or
the number of the license granted by any authority shall be the identification
number.
(8) If a party who wishes to file a document is unable at the time of filing to furnish the
necessary identification numbers required by this paragraph, the party may indicate "(ID
Not Known)" at the time of filing. However, when the necessary identification numbers
have been obtained, the party will have to furnish the necessary identification numbers
to the Registry through the Electronic Filing Service.
Meaning of document
(9) For the avoidance of doubt, the words document and documents when used in
this paragraph include all originating processes filed in the Supreme Court regardless of
whether they are governed by the Rules of Court. The words also include all documents
filed in connection with bankruptcy proceedings.
Non-compliance
(10) Any document which does not comply with this paragraph may be rejected for filing
by the Legal Registry of the Supreme Court.
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(1) The attention of solicitors is drawn to Order 62, Rule 2(1) of the Rules of Court,
which provides:
Provided that the Registrar may, in a particular cause or matter, allow personal
service to be effected by any other named person and shall, in that case, cause to
be marked on the document required to be served personally, a memorandum to
that effect. [emphasis added.]
(2) Solicitors are required to notify the Legal Registry of the Supreme Court of the
particulars of such clerks who have been authorised by them to serve processes and
documents (authorised process servers) by submitting a request to authorise user
through the Electronic Filing Service. Where such authorised process servers are no
longer so authorised, solicitors are to revoke or delete the authorisation immediately by
submitting a request through the Electronic Filing Service. Solicitors clerks do not
require the authorisation of the Registrar to effect personal service of processes and
documents.
(3) As personal service can be effected by a solicitor or a solicitors clerk, Court process
servers will not be assigned to effect personal service of processes and documents
unless there are special reasons.
(4) If there are special reasons requiring personal service by a Court process server, a
Request for such service should be filed through the Electronic Filing Service, setting out
the special reasons. The approval of the Duty Registrar should then be obtained for such
service. Once approval has been obtained, a process server will be assigned to effect
service and an appointment for service convenient to both the litigant and the assigned
process server will be given.
(5) On the appointed date, the person accompanying the process server should call at
the Legal Registry. The amount required for the transport charges of the process server
(a record of which will be kept) should be tendered. Alternatively, the Legal Registry
should be informed beforehand that transport for the process server will be provided.
The Legal Registry will then instruct the process server to effect service.
(6) Under no circumstances should any payment be made directly to the process server.
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Part III : Originating Processes and Documents
(1) In any application for substituted service, the applicant should persuade the Court
that the proposed mode of substituted service will probably be effectual in bringing the
document in question to the notice of the person to be served.
(2) Two reasonable attempts at personal service should be made before an application
for an order for substituted service is filed. In an application for substituted service, the
applicant shall demonstrate by way of affidavit why he or she believes that the attempts
at service made were reasonable.
(3) The applicant should, where appropriate, also consider other modes of substituted
service, such as AR registered post or electronic means (including electronic mail or
Internet transmission) in addition to or in substitution of substituted service by posting
on doors or gates of residential and business premises.
(5) For the avoidance of doubt, substituted service by AR registered post is deemed to
be effected when the postal service has delivered the document, or attempted to deliver
the document (in cases where no one is present or willing to accept the document).
(6) If substituted service is by electronic mail, it has to be shown that the electronic mail
account to which the document will be sent belongs to the person to be served and that
it is currently active.
(7) An application for substituted service by advertisement (in one issue of the Straits
Times if the person to be served is literate in English, or one issue of the Straits Times
and one issue of one of the main non-English language newspapers where his language
literacy is unknown) should only be considered as a last resort and should contain
evidence that the person to be served is literate in the language of the newspaper in
which the advertisement will be placed.
(2) Endorsements are normally made on originating processes and other documents to
show renewal, amendments and authorisation for service of the document in question.
Such endorsements on originating processes and other documents do not require the
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Registrars signature as they are made pursuant to either an order of Court or the Rules
of Court. The Registrar should therefore not be asked to sign such endorsements.
(3) For documents that are filed through the Electronic Filing Service as electronic forms
composed online:
(a) Solicitors should select the appropriate endorsement, and check the accuracy
of the electronic form in the preview stage before filing the originating process or
other document. The acceptance by the Registry of electronic forms composed
online does not affect the regularity of any endorsements on the document.
(c) Where endorsements must be made on a document which has already been
filed or issued, a fresh copy of the document containing the relevant endorsements
shall be prepared, and the document must be re-filed or re-issued, as the case
may be. An example of this would be renewals of writs of summons.
Application
(1) The directions in this paragraph shall apply to documents and pleadings filed in any
proceedings.
(2) Where a document is required to be amended and filed in Court, a fresh copy of the
document with the amendments included must be prepared, regardless of the number
and length of the amendments sought to be made.
(b) The number of times the document has been amended shall be indicated in
parentheses after the name of the document. It should therefore be entitled
[document name] (Amendment No. 1) or [document name] (Amendment No.
2), or as appropriate.
(c) The changes made in the document from the latest version of the document
filed in Court should be indicated in the following way:
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Part III : Originating Processes and Documents
(i) deletions shall be made by drawing a single line across the words to be
deleted; and
(4) The directions in sub-paragraph (3)(b) shall not apply to originating summonses and
summonses amended from an inter partes application to an ex parte application or vice
versa.
(5) The directions in sub-paragraph (3)(c) shall not apply to the originating processes,
summonses and other electronic forms that are composed online through the Electronic
Filing Service.
Amendment of pleadings
(6) The directions in sub-paragraphs (2) and (3) shall apply to the amendment of
pleadings. A Statement of Claim which is amended for the first time should be filed as
Statement of Claim (Amendment No. 1), and a Defence that is amended for the
second time should be filed as Defence (Amendment No. 2).
(7) The following colours shall be used to indicate the history of the amendments in
pleadings:
(8) From the third round of amendments onwards, the amended pleading should
comprise two versions of the document:
(a) a clean version without the amendments shown; followed in the same
document by
Only one amended pleading consisting of these two versions is required to be filed.
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(9) Order 20, Rule 10(2) of the Rules of Court requires that an amended pleading or
other document be endorsed with a statement that it has been amended, specifying the
date on which it was amended and by whom the order (if any) authorising the
amendment was made and the date thereof, and if no such order was made, the number
of the Rule in Order 20 in pursuance of which the amendment was made. Where
electronic forms are amended, the amendment endorsement shall take either one of the
following forms:
(10) The amendment endorsement shall be appended to the title of the electronic form,
after the amendment number as required under sub-paragraph (3)(b) above. Where an
electronic form is amended more than once, the endorsement need only cite the basis
for the most recent amendment. For example,
(11) The date of the electronic form shall reflect the date on which the document is
amended.
35A. Pleadings
(1) The attention of advocates and solicitors is drawn to the pleading requirements laid
down by the Court of Appeal in the case of Sembcorp Marine Ltd v PPL Holdings Pte Ltd
and anor [2013] SGCA 43 for disputes involving a contextual approach to the
construction of a contract.
(2) In particular, the Court of Appeal made the following observations at paragraph 73 of
the judgment:
(a) parties who contend that the factual matrix is relevant to the construction of
the contract must plead with specificity each fact of the factual matrix that they
wish to rely on in support of their construction of the contract;
(b) the factual circumstances in which the facts in sub-paragraph (2)(a) were
known to both or all the relevant parties must also be pleaded with sufficient
particularity;
(c) parties should in their pleadings specify the effect which such facts will have on
their contended construction; and
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Part III : Originating Processes and Documents
(d) the obligation of the parties to disclose evidence would be limited by the extent
to which the evidence is relevant to the facts pleaded in sub-paragraphs (2)(a) and
(2)(b).
42
Part IIIA : Alternative Dispute Resolution
PART IIIA: ALTERNATIVE DISPUTE RESOLUTION
(1) This Part of the Practice Directions applies only to civil cases in the High Court and
the Court of Appeal.
(2) It is the professional duty of advocates and solicitors to advise their clients about the
different ways their disputes may be resolved using an appropriate form of ADR.
(3) The guidelines in Appendix I to these Practice Directions on advising clients about
ADR shall apply.
(4) ADR should be considered at the earliest possible stage in order to facilitate the just,
expeditious and economical disposal of civil cases. This is especially where ADR may
save costs, achieve a quicker resolution and a surer way of meeting their clients needs.
(5) The attention of advocates and solicitors as well as all parties is drawn to Order 59,
Rule 5(c) of the Rules of Court, which provides that:
The Court in exercising its discretion as to costs shall, to such extent, if any, as
may be appropriate in the circumstances, take into account the parties'
conduct in relation to any attempt at resolving the cause or matter by mediation or
any other means of dispute resolution
Advocates and solicitors should advise their clients on potential adverse costs orders for
any unreasonable refusal to engage in ADR.
(1) A party who wishes to attempt mediation or any other means of dispute resolution
should file and serve on all relevant parties an ADR Offer in Form 28 of Appendix A of
these Practice Directions.
(2) An ADR Offer may be made by any party at any time of the proceedings and shall be
valid for a period of 14 days after its service.
(3) Within 14 days after service of the ADR Offer, the relevant parties shall file and serve
a Response to ADR Offer in Form 29 of Appendix A of these Practice Directions, failing
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Part IIIA : Alternative Dispute Resolution
which they shall be deemed to be unwilling to attempt ADR without providing any
reasons.
(4) If all the parties are willing to attempt ADR, directions may be given by the court in
relation to the relevant civil case, including an adjournment of pending proceedings in
court with stipulated timelines for the completion of the ADR process.
(5) In exercising its discretion as to costs, including costs of any claim or issue in any
proceedings or of the entire action, the court may consider all the relevant
circumstances of the case, including the ADR Offer and the Response to ADR Offer.
44
Part IV : Interlocutory Applications
PART IV: INTERLOCUTORY APPLICATIONS
All applications in Chambers (including summonses and summonses for directions) shall
be filed without specifying whether the application is to be heard before a Judge in
person or the Registrar.
(1) The former Form 10 of Appendix A of the Rules of Court (Notice of Motion) has been
deleted with effect from 1 January 2006. All interlocutory applications are to be made by
way of summons.
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Part IV : Interlocutory Applications
(3) After the filing of any ex parte or by consent summons, the application will be
examined by the Judge or Registrar as the case may be. If he is satisfied that the
application is in order and all other requirements have been complied with, he may make
the order(s) applied for on the day fixed for the hearing of the application without the
attendance of the applicant or his solicitor.
(4) Summonses that are filed using the Electronic Filing Service will be routed to the
inbox of the applicant solicitor's Electronic Filing Service account. Where the summons is
filed through the service bureau, it may be collected at the service bureau. Enquiries by
telephone will not be entertained.
(1) Where a party intends to make more than one distinct substantive application in a
cause or matter, he must file each application in a separate summons. Distinct
applications should not be combined in a single summons, unless they are inextricably or
closely linked, or involve overlapping or substantially similar issues. For example, it can
be envisaged that applications for:
(c) costs
(2) In addition, applications should not contain alternative prayers when the alternative
prayers sought in effect amount to distinct applications. For example, a party should not
make an application for further and better particulars on particular issues, and in the
alternative, interrogatories on different issues. In such a case, separate summonses
should be filed. In contrast, the following is an example of alternative prayer which may
be permitted:
In the defendants summons setting out a prayer for the striking out of certain
paragraphs of the Statement of Claim, the defendant may include an alternative
prayer for the plaintiff to be ordered to amend those paragraphs of the Statement
of Claim.
(3) Any summons that is not in compliance with this paragraph may be rejected by the
Legal Registry of the Supreme Court. The Court may also direct the party to file separate
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summonses before proceeding with the hearing or proceed with the hearing on the
solicitors undertaking to file further summonses for the distinct applications.
(1) Order 32, Rule 11 of the Rules of Court provides that all summonses shall be heard
in Chambers, subject to any provisions in the Rules of Court, written law, directions by
the Court and practice directions issued by the Registrar.
(2) The following applications are examples of summonses to be heard in open Court
pursuant to written law:
(a) applications under section 343 of the Companies Act (Cap. 50);
(b) applications under paragraph 97 of the Fifth Schedule to the Limited Liability
Partnerships Act (Cap. 163A);
(c) applications for the committal of any person to prison for contempt in relation
to winding up of a company or a limited liability partnership; and
(3) In addition to any provisions in the Rules of Court or other written law, and subject
to further directions made by the Court, the Registrar hereby directs that the following
applications by summons shall be heard in open Court:
(c) applications to the Court of Appeal in appeals under Order 57, Rule 16;
(e) applications for orders for damages caused by caveats against the release of
property under arrest under Order 70, Rule 13;
(f) applications for judgment for failure to file a preliminary act under Order 70,
Rule 18;
(g) applications for judgment by default under Order 70, Rule 20;
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Part IV : Interlocutory Applications
(h) applications for orders of priority of claims against the proceeds of sale of a
ship under Order 70, Rule 21;
(i) applications in a pending action for apportionment of salvage under Order 70,
Rule 32;
(j) applications for objections to a decision on a reference under Order 70, Rule
42;
(k) applications under the Patents Act (Cap. 221) under Order 87A, Rule 11(6);
(l) applications for legal officers or non-practising solicitors to be struck off the roll
under section 82A(10) of the Legal Profession Act (Cap. 161); and
(m) applications for an order that a solicitor be struck off the roll, etc. under
section 98(1) of the Legal Profession Act.
(1) The principal intention of the summons for directions is to ensure that there is a
thorough stocktaking of the issues in an action and the manner in which the evidence
should be presented at a trial, with a view to shortening the length of the trial and
saving costs generally.
(2) Parties should have completed their discovery of documents by the time of the first
hearing of the summons for directions. There should be full discovery on either side.
(3) Parties should also make all interlocutory applications at the hearing of the summons
for directions.
Where a claim in the High Court which may have initially exceeded $250,000 is
subsequently reduced below this amount, solicitors should bring this to the attention of
the Registrar and apply by summons or at the hearing of the summons for directions for
an order that the action be transferred to the District Court for trial under section 54C of
the State Courts Act (Cap 321), which provides:
54C. (1) A party to any civil proceedings pending in the High Court may for any
sufficient reason at any time apply to the High Court for an order that the
proceedings be transferred to a State Court.
(2) Subject to subsection (3), the High Court may, if it thinks fit, and on such
terms as it sees fit, and either on its own motion or on application, order that the
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(3) An order under subsection (2) may only be made in respect of such
proceedings as could have been commenced in the State Court to which the
application relates, if the value of the claim had been within the District Court limit
or the Magistrates Court limit, as the case may be.
Explanation The fact that the proceedings fall within the civil jurisdiction of the
State Courts would not, by itself, ordinarily constitute sufficient reason for
transferring the proceedings to the State Courts, if enforcement overseas is
intended of any judgment obtained in the High Court under any enforcement
arrangements currently in force.
(1) Order 29, Rule 1 of the Rules of Court provides that an application for the grant of an
injunction may be made ex parte in cases of urgency. However, the cases of Castle
Fitness Consultancy Pte Ltd v Manz [1989] SLR 896 and The Nagasaki Spirit (No 1)
[1994] 1 SLR 434 take the position that an opponent to an ex parte application,
especially where the application seeks injunctive relief, should be invited to attend at the
hearing of the application.
(2) In view of this, any party applying ex parte for an injunction (including a Mareva
injunction) must give notice of the application to the other concerned parties prior to the
hearing. The notice may be given by way of facsimile transmission or telex, or, in cases
of extreme urgency, orally by telephone. Except in cases of extreme urgency or with the
leave of the Court, the party shall give a minimum of two hours notice to the other
parties before the hearing. The notice should inform the other parties of the date, time
and place fixed for the hearing of the application and the nature of the relief sought. If
possible, a copy of the originating process, the ex parte summons and supporting
affidavit(s) should be given to each of the other parties in draft form as soon as they are
ready to be filed in Court. At the hearing of the ex parte application, in the event that
some or all of the other parties are not present or represented, the applicants solicitors
should inform the Court of:
(a) the attempts that were made to notify the other parties or their solicitors of the
making of the application; and
(b) what documents were given to the other parties or their solicitors and when
these documents were given; and
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Part IV : Interlocutory Applications
(c) whether the other parties or their solicitors consent to the application being
heard without their presence.
(3) The directions set out in sub-paragraph (2) need not be followed if the giving of the
notice to the other parties, or some of them, would or might defeat the purpose of the
ex parte application. However, in such cases, the reasons for not following the directions
should be clearly set out in the affidavit prepared in support of the ex parte application.
(1) Pursuant to Order 32, Rule 9 of the Rules of Court, the Honourable the Chief Justice
has directed that applications for Mareva injunctions and for search orders, whether
made on an ex parte or inter partes basis, should be heard by a Judge in person. For the
avoidance of doubt, all other ex parte applications for interim injunctions may be heard
by a Registrar.
(2) Applicants for Mareva injunctions and search orders are required to prepare their
orders in accordance with the following forms in Appendix A of these Practice Directions:
When composing the summons electronic form online through the Electronic Filing
Service, these Forms shall be prepared in Portable Document Format (PDF) and attached
to the summons electronic form.
(3) The language and layout of the forms are intended to make it easier for persons
served with these orders to understand what they mean. These forms of orders should
be used save to the extent that the Judge hearing a particular application considers
there is a good reason for adopting a different form. Any departure from the terms of
the prescribed forms should be justified by the applicant in his supporting affidavit(s).
(4) The applicant should undertake not to inform any third party of the proceedings until
after the return date.
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from a bank with a place of business within Singapore or a payment to the applicants
solicitor to be held by the solicitor as an officer of the Court pending further order.
(7) It was suggested in Universal Thermosensors Ltd v Hibben [1992] 1 WLR 840 at 861
that the order be served by a supervising solicitor and carried out in his presence and
under his supervision.
(c) Where the nature of the items removed under the order makes this
appropriate, the applicant will be required to insure them.
(a) Reason(s) the application is taken out on an ex parte basis, including whether
the applicant believes that there is a risk of dissipation of assets, destruction of
evidence or any other prejudicial conduct;
(b) Urgency of the application (if applicable), including whether there is any
particular event that may trigger the dissipation of assets, destruction of evidence
or any other prejudicial conduct;
(c) Factual basis for the application, including the basis of any belief that there will
be dissipation of assets, destruction of evidence or any other prejudicial conduct,
whether there have been any past incidents of the opponent dissipating assets,
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Part IV : Interlocutory Applications
(d) Factual basis for any reasonable defences that may be relied on by the
opponent;
(e) Whether the applicant is aware of any issues relating to jurisdiction, forum non
conveniens or service out of jurisdiction, and. if so, whether any application
relating to these issues has been or will be made;
(f) An undertaking to pay for losses that may be caused to the opponent or other
persons by the granting of the orders sought, stating what assets are available to
meet that undertaking and to whom the assets belong; and
(g) Any other material facts which the Court should be aware of.
(2) An applicant must prepare skeletal submissions on the points to be raised at the
hearing of the ex parte application. At the hearing, the applicant shall give a copy of the
skeletal submissions to the Court and to any opponent present. As soon as possible after
the hearing, the applicant shall file the skeletal submissions in Court.
(3) The Court may also require the applicant to prepare a note of the hearing setting out
the salient points and arguments canvassed before the Court and may order such a note
to be served together with the court documents on any opponent who is not present at
the hearing or within a reasonable time after the service of the court documents.
(1) This paragraph applies to applications made under Order 24, Rule 6(1) or Order 26A,
Rule 1(1) of the Rules of Court:
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(3) If the applicant requires an urgent hearing date, the onus shall lie on the applicant to
attend before the Duty Registrar to highlight the nature of the application and to request
that the application be fixed for hearing on an urgent basis.
(4) In sub-paragraph (1)(a), the words electronic copy, material, network service
provider and primary network have the same meanings as in section 193A(1) of the
Copyright Act (Cap. 63).
53
Part V : Discovery and Inspection of Electronically Stored
Documents
Part V: DISCOVERY AND INSPECTION OF ELECTRONICALLY STORED
DOCUMENTS
44. Introduction
Applications to Court
54. Restriction on use of privileged document, inspection of which has been inadvertently
allowed
55. Costs
44. Introduction
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(1) This Part provides a framework for proportionate and economical discovery,
inspection and supply of electronic copies of electronically stored documents. This Part or
any portion thereof applies (a) by mutual agreement of all the parties in the cause or
matter or (b) when the Court so orders, either on its own motion or on application by a
party. A party that seeks to rely on this Part must cite the relevant paragraph(s) in any
request or application made hereunder.
(2) Parties should consider the application of this Part or any portion thereof in the
following cases:
(3 ) For the avoidance of doubt, this Part applies to pre-action discovery, discovery
between parties in a pending cause or matter, and third-party discovery.
(4) Electronically stored documents may reside in storage management systems, folders
or directories in storage locations, electronic media or recording devices, including
folders or directories where temporarily deleted files are located (for example, the
Recycle Bin folder or Trash folder). Electronically stored documents or parts thereof may
also reside in the unallocated file space or file slack on an electronic medium or
recording device as deleted files or file fragments which may be recovered through the
use of computer forensic tools or techniques.
(5) Metadata information refers to the non-visible and not readily apparent information
embedded in or associated with electronically stored documents and may include both
application metadata, which is created by the application software used to create the
electronic documents, and system metadata, which is created by the operating or
storage system. Examples of application metadata include hidden columns or text,
formatting and display codes, formulae, prior edits and editorial comments; examples of
system metadata include data relating to creation, modification and access of the
electronic document, its size, file format and storage location, and other document
profile information like title, author, subject and keywords or tags. Metadata information
may be stored internally within the electronically stored document or externally in a
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Part V : Discovery and Inspection of Electronically Stored Documents
(6) Electronically stored documents which are not reasonably accessible include:
(a) deleted files or file fragments containing information which may be recovered
only through the use of computer forensic tools or techniques; and
(b) documents archived using backup software and stored off-line on backup tapes
or other storage media.
(1) Within two weeks after the close of pleadings, parties are encouraged to collaborate
in good faith and agree on issues relating to the discovery and inspection of
electronically stored documents. Such issues may include the scope and/or any limits on
documents to be given in discovery, whether parties are prepared to make voluntary
disclosures, whether specific documents or class of documents ought to be specifically
preserved, search terms to be used in reasonable searches, whether preliminary
searches and/or data sampling are to be conducted and the giving of discovery in stages
according to an agreed schedule, as well as the format and manner in which copies of
discoverable documents shall be supplied. Parties are encouraged to have regard to the
list of issues at Appendix E Part 1 (Check list of issues for good faith collaboration) in
their discussions. Parties should exchange their checklists prior to commencing good
faith discussions.
(2) An electronic discovery plan may take the form set forth in Appendix E Part 1. Parties
may include the agreed electronic discovery plan in the summons for directions. The
Court shall consider the adequacy of the agreed electronic discovery plan and may make
such order or give such direction as it thinks fit, for the just, expeditious and economical
disposal of the cause or matter. The agreed electronic discovery plan, as amended by
such order or direction of the Court as the case may be, shall form part of the order
under the summons for directions to be extracted for the action.
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(3) If parties are unable to agree on an electronic discovery plan, the party seeking
discovery of electronically stored documents under this Part may make an application to
court. The application must include a draft electronic discovery plan and must be
supported by affidavit providing an account of the attempts made by parties to
collaborate in good faith to agree on an electronic discovery plan.
(b) specifying the period during which the requested electronically stored
documents were created, received or modified.
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Part V : Discovery and Inspection of Electronically Stored Documents
(3) The obligations of a party responding to a request for reasonable search for
electronically stored documents is fulfilled upon that party carrying out the search to the
extent stated in the request and disclosing any electronically stored documents located
as a result of that search. The party giving discovery shall not be required to review the
search results for relevance.
Applications to Court
(a) specify or describe limits on the scope of the search to be conducted; and
(6) Nothing in this paragraph shall prevent the party giving discovery from reviewing the
discoverable electronically stored documents or the results of any reasonable search for
the purpose of identifying privileged documents. However, such review for the purpose
of identifying privileged documents shall not extend to the intentional deletion, removal
or alteration of metadata information. Review for the purpose of asserting privilege
must, unless otherwise agreed by parties or ordered by the Court, be concluded within
fourteen (14) days after the search results are made available to the party giving
discovery.
Order 24, Rules 7 and 13 of the Rules of Court states that an order for discovery and
production of documents for inspection shall not be made unless such order is necessary
either for disposing fairly of the cause or matter or for saving costs. The matters to
which regard shall be had, in determining whether an application under this Part is
proportionate and economical, shall include:
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(c) the value of the claim and the financial position of each party;
(d) the ease and expense of retrieval of any particular electronically stored
document or class of electronically stored documents, including
(ii) the costs of recovering and giving discovery and inspection, including the
supply of copies, of any relevant documents,
(iii) the likelihood that any relevant documents will be materially altered in
the course of recovery, or the giving of discovery or inspection; and
(f) the relevance and materiality of any particular electronically stored document
or class of electronically stored documents which are likely to be located to the
issues in dispute.
(1) The following matters shall be included in any list of documents made pursuant to
the giving of discovery in accordance with this Part in which electronic documents are
enumerated:
(a) the name of the electronic file constituting or containing the electronic
document; and
(2) An electronic copy of an electronically stored document which reflects that document
accurately, or which has been manifestly or consistently acted on, relied upon or used as
an accurate copy of that electronic document may be identified in the list of documents
as an original.
(3) Where the party giving discovery objects to the production of certain discoverable
electronically stored documents solely on the ground that the internally stored metadata
information is protected by privilege, he must state in the list of documents whether he
objects to the production of the electronic documents without the internally stored
metadata information. If he does not object to the production of the electronic
documents without the internally stored metadata information, he must enumerate the
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Part V : Discovery and Inspection of Electronically Stored Documents
(4) Reasonable efforts shall be made to remove duplicated documents from the list of
documents. A document shall be considered a duplicate of another if the contents of
both (including metadata information) are identical. The use of a hashing function to
identify duplicates shall be deemed to be reasonable effort.
(5) If copies of electronic documents are supplied in one or more read-only optical
disc(s) or other storage medium, the party giving discovery shall provide a further list,
at the time when such copies are supplied, stating the following:
(a) the storage format of the optical disc or storage medium; and
(b) if there are multiple optical discs or storage media, a list of electronic
documents stored on each optical disc or storage medium.
(1) A party required to produce electronically stored documents for inspection under
Order 24 of the Rules of Court shall provide reasonable means and assistance for the
party entitled to inspection to inspect the electronically stored documents in their native
format.
(2) Where the inspecting party wishes to take copies of electronically stored documents
produced for inspection, his request to take copies shall comply with the procedures set
forth in paragraph 52(3) (6) (Supply of copies of electronically stored documents).
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database, the Court shall have the power to review the adequacy of the inspection
protocol and may make such order or give such direction as it thinks fit for the just,
expeditious and economical disposal of the cause or matter.
(5) Nothing in this paragraph shall prevent the party producing computer databases for
inspection from reviewing the discoverable records or the results of any reasonable
search for the purpose of identifying privileged records before such records are produced
for inspection. However, such review for the purpose of identifying privileged documents
shall not extend to the intentional deletion, removal or alteration of metadata
information. Review for the purpose of asserting privilege must, unless otherwise
ordered by the Court, be concluded within fourteen (14) days after the search results are
made available to the party producing the electronic media or recording device.
(1) No request or application for the forensic inspection of any electronic medium or
recording device shall be made unless discovery of that electronic medium or recording
device has been given. A request or application for the discovery of an electronic
medium or recording device may be made together with a request or application for
forensic inspection of that electronic medium or recording device.
(2) A request or application for the forensic inspection of electronic media or recording
devices shall include an inspection protocol, which may take the form found in Appendix
E Part 3 (Protocol for forensic inspection of electronic media or recording devices), in
order to ensure that the party entitled to inspection has access only to electronic
documents that are necessary, and is not allowed to trawl through the entire electronic
media or recording device.
(3) On the hearing of an application for an order for the forensic inspection of electronic
media or recording devices, the Court shall have the power to review the adequacy of an
inspection protocol and may make such order or give such direction as it thinks fit, for
the just, expeditious and economical disposal of the cause or matter.
(4) Nothing in this paragraph shall prevent the party producing electronic media or
recording devices for forensic inspection from reviewing the discoverable electronically
stored documents or the results of any reasonable search for the purpose of identifying
privileged documents. However, such review for the purpose of identifying privileged
documents shall not extend to the intentional deletion, removal or alteration of metadata
information. Review for the purpose of asserting privilege must, unless otherwise
ordered by the Court, be concluded within fourteen (14) days after the search results are
made available to the party producing the electronic media or recording device.
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Part V : Discovery and Inspection of Electronically Stored Documents
(3) A request for copies of discoverable electronically stored documents may specify the
format and manner in which such copies are to be supplied, If the party giving discovery
does not agree with the specified format or manner or both, he may either:
(4) The party giving discovery shall not be required to supply copies of electronically
stored documents in more than one format.
(5) The file formats set forth in Appendix E Part 4 (Reasonably usable formats) shall be
deemed to be reasonably usable formats for the purpose of this paragraph.
(6) Applications for the supply of copies of discoverable electronically stored documents
shall specify the format and manner in which copies of such electronic documents are to
be supplied.
(1) Where the use of technology in the management of documents and conduct of the
proceeding will facilitate the just, expeditious and economical disposal of the cause or
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matter, the Court may order, on its own motion or on application by a party, that
discovery be given by the supply of electronic copies of discoverable electronically stored
documents in lieu of inspection.
(2) An order for discovery made under this paragraph may take the following form:
(a) Discovery of electronic mail and electronically stored documents which are in
the parties possession, power or custody be given by providing electronic copies in
native format or one of the reasonably usable formats set forth in the Supreme
Court Practice Directions, Appendix E Part 4 (Reasonably usable formats);
(f) All documents in the parties possession, power or custody that are in printed or
paper form are to be digitised and processed using Optical Character Recognition
(OCR) software programs to render the digitised documents searchable, and
further, electronic copies are to be supplied in Portable Document Format (PDF) or
in any other reasonably usable format (as parties may agree) in accordance with
the terms of this Order;
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Part V : Discovery and Inspection of Electronically Stored Documents
(h) Inspection be deferred and that Order 24, Rule 10 applies to the list of
documents as though it was a pleading or an affidavit; and
(i) The time for objections under Order 27 be ordered to run from the date of
exchange of electronic copies in paragraph (f) herein or the date of inspection, if
any, whichever is the later.
(3) For the avoidance of doubt, nothing in this paragraph requires parties to agree to
adopt an electronic discovery plan or conduct reasonable searches for electronically
stored documents under this Part. An order may be made under this paragraph in
proceedings where parties have identified discoverable documents pursuant to the
procedure set out in Order 24 of the Rules of Court.
Order 24, Rule 19 of the Rules of Court applies to the giving of discovery or inspection of
electronically stored documents, including the supply of copies, as it would to the giving
of discovery or inspection of any other document.
55. Costs
(1) Save for orders made in respect of third party or pre-action discovery, the costs of
complying with an order for discovery or inspection of electronically stored documents
shall generally be borne by the party giving discovery; and disbursements incurred in
providing copies shall be reimbursed by the party requesting for copies.
(2) The Court may invoke its inherent powers under Order 92, Rules 4 and 5 of the Rules
of Court to order the party entitled to discovery to bear the whole or part of the costs of
compliance with an order for discovery or inspection of electronically stored documents,
if such order is necessary to prevent injustice or to prevent an abuse of the process of
the Court.
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Part VI : Evidence - Witnesses, Affidavits And Exhibits
PART VI: EVIDENCE WITNESSES, AFFIDAVITS AND EXHIBITS
56. Witnesses
Issuance of subpoenas
Pagination
Dividing sheets
Bookmarks
Numbering
Related documents
56. Witnesses
Issuance of subpoenas
(1) An application for a subpoena shall be made by way of filing a subpoena in Form 67
in Appendix A of the Rules of Court. The subpoena is deemed to be issued when it is
sealed by an officer of the Registry pursuant to Order 38, Rule 14(2).
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Part VI : Evidence - Witnesses, Affidavits And Exhibits
(3) Every witness will be released by the Court upon completion of his evidence and it is
the duty of counsel to apply to the Court if counsel desires the witness to remain.
(1) Affidavits shall have a blank margin not less than 35mm wide on all 4 sides of the
page. They shall be printed or typed and double-spaced.
(2) When filing affidavits for use during a hearing of an interlocutory application, the
number of the interlocutory application must be provided in the Electronic Filing Service
in addition to the case number of the suit or matter.
(3) The textual portion of the affidavits, as opposed to the exhibits, must be printed on
white paper.
(4) At the top right hand corner of the first page of every affidavit the following
information shall be typed or printed in a single line:
(c) the ordinal number of the affidavit in relation to the previous affidavits filed in
the cause or matter by the deponent;
(e) for affidavits filed in respect of matrimonial proceedings under Part X of the
Womens Charter (Cap. 353),
(i) the top right hand corner of the first page of every affidavit shall also
state whether the affidavit has been filed in respect of a summons (SUM),
ancillary matters (AM) or originating summons (OS) hearing. If the affidavit
is filed in respect of a summons hearing, it shall state the number of the said
summons, where the number is available. For example, Respondent: Tan
Ah Kow: 4th: 15.4.2012: AM hearing; and Respondent: Tan Ah Kow: 4th:
15.4.2012: SUM hearing: SUM no. 1234 of 2012; and
(ii) the document name that is selected in the electronic filing service for an
affidavit for ancillary matters hearing shall be Affidavit for AM.
(5) Every page of the affidavit (including separators and exhibits) shall be paginated
consecutively, and the page number shall be inserted at the centre top of the page.
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(6) Every affidavit which is filed in conjunction with a summons (but not those filed in
conjunction with an originating summons) must have endorsed at the top left-hand
corner of the first page of the affidavit the entered number of the summons.
(7) Hard copies of affidavits may be printed on one side or both sides of each page.
(2) Where the exhibit consists of more than one item (e.g., CD-ROMs in a box) each and
every such separate item of the exhibits shall similarly be separately marked with
enough of the usual exhibit marks to ensure precise identification.
(3) Where it is impracticable to mark on the article itself, such article or the container
thereof shall be tagged or labelled with the exhibit mark securely attached to the exhibit
in such a manner that it is not easily removable.
(1) Every page of every exhibit must be fully and clearly legible. Where necessary,
magnified copies of the relevant pages should be inserted in appropriate places.
(2) When there are more than 10 different documentary exhibits in an affidavit:
(a) there shall be a table of contents of the documentary exhibits inserted before
the first of such exhibits enumerating every exhibit in the affidavit in the manner
of the example set out below:
Reference in affidavit Nature of Exhibit Page No.
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Part VI : Evidence - Witnesses, Affidavits And Exhibits
and
(b) exhibits shall be set out in the sequence in which references are made to them
in the affidavit.
Pagination
(3) Every page of the exhibits, including cover pages, dividing sheets or separators
between exhibits, shall be consecutively numbered at the top right hand corner of each
page, following from the page numbers of the affidavit (i.e. the first page of the exhibits
shall take the number following the last sheet of the affidavits main text). The page
number of the affidavit must correspond to the page number in the Portable Document
Format (PDF) version that is filed through the Electronic Filing Service.
Dividing sheets
(4) The exhibits in an affidavit shall be prefaced by a dividing sheet, marked, typed or
stamped clearly with an exhibit mark as follows:
This is the exhibit marked [letter of the alphabet or a number] referred to in the
affidavit of [name of the deponent] and sworn/affirmed before me this [date on
which the affidavit is sworn or affirmed].
Before me,
SGD
Bookmarks
(5) Each exhibit in the affidavit must be separately bookmarked in the Portable
Document Format (PDF) document that is filed. The names of the book-marks should
follow the initials of the deponent of the affidavit, e.g., TAK-1, TAK-2.
Numbering
(6) Where a deponent deposes to more than one affidavit with exhibits in the same
action, the numbering of the exhibits in all subsequent affidavits shall run consecutively
throughout, and not begin again with each affidavit. For instance, where a deponent in
his first affidavit has marked two exhibits as TAK-1 and TAK-2, the first exhibit in his
second affidavit should be marked as TAK-3 instead of TAK-1.
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The certificate must be entitled in the same manner as the affidavit and Rule 1 (1),
(2) and (3) shall apply accordingly.
Related documents
(8) Related documents (e.g., correspondence and invoices) may be collected together
and collectively exhibited as one exhibit arranged in chronological order, beginning with
the earliest at the top, paginated in accordance with sub-paragraph (3) above, and the
exhibit must have a front page showing the table of contents of the items in the exhibit.
(1) Rule 8 of the Commissioners for Oaths Rules (Cap. 322, Rule 3) restricts advocates
and solicitors who are appointed as commissioners for oaths to taking affidavits or
statutory declarations, or administering oaths, for deponents who speak and understand
English. In view of this, many deponents who are illiterate in English are brought by
solicitors to Supreme Court commissioners for oaths to swear or affirm affidavits and
statutory declarations. As the Supreme Court commissioners for oaths are under a duty
to ensure that the deponent understands the document being deposed to, they are
obliged to interpret the document to intended deponents; this is also the case in relation
to blind deponents. This necessary exercise may take a considerable time and may
cause long delays for other persons who wish to take affidavits or statutory declarations
before the Supreme Court commissioners for oaths.
(2) Accordingly, solicitors who wish to bring illiterate or blind deponents before the
Supreme Court commissioners for oaths should first estimate the time that will be taken
to interpret the document or documents to be deposed to. If it is estimated that the total
time required for interpretation of the documents will be more than 20 minutes, the
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Part VI : Evidence - Witnesses, Affidavits And Exhibits
solicitor must contact the appropriate Supreme Court Head Interpreter and arrange for a
special appointment for the documents to be sworn or affirmed. The solicitor should not
bring the deponent before the duty commissioner for oaths without such an
appointment.
(3) If an illiterate or a blind deponent is brought before the duty Supreme Court
commissioner for oaths and the interpretation of the document or documents takes more
than 20 minutes, the commissioner for oaths will refer the solicitor and the deponent to
the appropriate Head Interpreter for a special appointment to be made for the
documents to be deposed to.
(4) The appropriate Supreme Court Head Interpreter may be contacted at the following
telephone numbers:
Any affidavit or exhibit which does not comply with the directions contained in this Part
will be liable to be rejected by the Court and made the subject of an order for costs.
(1) If, on an application for directions under Order 25, Rule 3 or Order 37, Rule 1 of the
Rules of Court or otherwise, orders are made prescribing the time within which objection
to the contents of affidavits of evidence-in-chief must be taken, the objections must be
taken in accordance with the directions contained in this paragraph and not otherwise.
(3) The notice in Form 9 should set out all the objections to the contents of affidavits of
evidence-in-chief that will be raised at the hearing of the cause or matter and all the
grounds thereof.
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for the adjudication will be adjourned to be dealt with at the trial or hearing of the cause
or matter, and the applicant may be ordered to pay the costs of the adjournment.
(1) For the avoidance of doubt, the provisions of Order 41 of the Rules of Court shall
continue to apply.
(2) The attention of solicitors is drawn especially to Order 41, Rule 1(4):
Every affidavit must be expressed in the first person and, unless the Court
otherwise directs, must state the place of residence of the deponent and his
occupation or, if he has none, his description, and if he is, or is employed by, a
party to the cause or matter in which the affidavit is sworn, the affidavit must
state that fact:
Non-compliance with any of the requirements of Order 41, Rule 1(4) may result in an
order of costs being made against the solicitor personally.
(1) For every case proceeding to trial in the High Court, each party shall file and serve a
Lead Counsels Statement in Form 9A of Appendix A of these Practice Directions to
provide a list of issues for trial and an accurate estimation of the trial days needed after
taking into account the time needed for the examination of each witness. The Lead
Counsels Statement shall be filed and served within one week after objections to
affidavits of evidence-in-chief are taken, unless the Court otherwise directs.
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Part VII : Fixing Of Matters For Hearing
PART VII: FIXING OF MATTERS FOR HEARING
(1) The average waiting times between the filing of certain processes or other steps in
the proceedings and the date for the hearing or pre-trial conference of the matter are set
out in Appendix B of these Practice Directions. Solicitors are directed to take note of
these waiting times as they must be ready to proceed at the end of the relevant period.
(2) This paragraph shall apply to both civil and criminal proceedings.
(1) When filing applications through the Electronic Filing Service, solicitors may be
permitted to make a request for a preferred hearing date for the following classes of
applications:
(2) Solicitors should confer with all parties to the application before selecting a preferred
hearing date. Counsel arguing the application for all parties should be available to attend
the hearing on the date selected.
(3) In the event that it is not possible to confer with opposing counsel on a preferred
hearing date, whether due to the nature or urgency of the application or otherwise,
solicitors shall select a date where counsel arguing the application for the applicant will
be available.
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(1) To assist the Registrar at the fixing of hearing dates, solicitors should provide
updated information as to the current status of the cause or matter, including the
prospects of settlement and any other developments which are likely to affect the length
of the trial. In order to facilitate a more realistic assessment of the time required for the
hearing, they will also be required to inform the Registrar of the number of witnesses
they intend to call, the estimated amount of time required for each party to cross-
examine all the opposing partys witnesses and the estimated total length of hearing.
(2) Solicitors who attend the fixing should be fully acquainted with the cause or matter
being fixed for hearing. They should preferably be the solicitor having conduct of the
cause or matter.
(3) Solicitors must attend the fixing. It is not acceptable for their clerks to attend in their
stead.
(4) The attention of solicitors is drawn to Order 34, Rule 5 of the Rules of Court, which
provides:
It shall be the duty of all parties to an action entered in any list to furnish without
delay to the Registrar all available information as to the action being or being likely
to be settled, or affecting the estimated length of the trial, and, if the action is
settled or withdrawn, to notify the Registrar of the fact without delay.
[emphasis added]
(1) Where dates have been fixed for the trial of any cause or matter, any request for an
adjournment or vacation of the trial dates shall be made to the Court by way of
summons with a supporting affidavit, even in those cases where counsel for the other
party or parties consent to the adjournment.
(2) Subject to any directions of the Court, when a case is adjourned, the Registrar shall
assign such days as are available for the hearing of the case, and counsel will be
expected to take the dates at short notice.
(3) In the event that the hearing of a case is not concluded within the number of days
allotted, the Court may direct the hearing of the case to continue beyond the allotted
time, rather than adjourning the case part-heard to another date. Counsel for parties in
all cases should therefore be prepared to continue with the hearing of the matter
notwithstanding the fact that the time originally allotted may have expired.
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Part VII : Fixing Of Matters For Hearing
(1) Before solicitors make a Request through the Electronic Filing Service to the Court for
an adjournment or vacation of any hearings other than trials, they should seek the
consent of the other party or parties to the matter. Unilateral requests made without
first seeking the consent or views of the other party or parties to the matter will not be
entertained, except in the most exceptional circumstances.
(2) Subject to sub-paragraph (3) below, the Request electronic form should be filed
through the Electronic Filing Service at least 2 working days before the hearing, setting
out the reasons for the requested adjournment or vacation of hearings.
(3) Where an adjournment of any matter before the Court of Appeal is sought, the
Request in electronic form should be filed through the Electronic Filing Service as soon as
practicable after the sitting in which the matter is scheduled to be heard has been
assigned and notified to the parties. Where there is a delay in the making of the request,
the reason or reasons for the delay must be provided with the request. Any request for
an adjournment on account of counsels diaries will not readily be acceded to.
(4) If the consent of all other parties to the matter is obtained, a letter stating that all
parties have consented to the requested adjournment or vacation of hearings may be
attached to the Request electronic form. However, this does not mean that the Request
will be granted as a matter of course. The Court will still evaluate the merits of the
Request before making its decision.
(5) If the consent of one or more of the other parties is not obtained, the letter should
set out the reasons for the other parties objections, or explain why the consent of one
or more of the other parties cannot be obtained. Any relevant correspondence between
the parties should also be attached to the Request electronic form. The Court will then
evaluate the contents of the Request and the relevant correspondence before deciding
whether the requested adjournment or vacation of hearings should be allowed.
(6) In any other case, solicitors on record for all parties must attend before the Court to
make an application for an adjournment. See also paragraph 13 of these Practice
Directions.
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Part VIII : Documents And Authorities For Use In Court
PART VIII: DOCUMENTS AND AUTHORITIES FOR USE IN COURT
Bundle of authorities
Bundles of documents
Bundles of authorities
Opening statements
73A. Written submissions and bundles of authorities for special date hearings
Citation practice
Ancillary provisions
(1) Subject to any directions in these Practice Directions to the contrary, in particular
paragraphs 71(3) and 104, all documents for use at any hearing in Court must be filed
using the Electronic Filing Service at least 1 clear day in advance of the hearing. These
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Part VIII : Documents And Authorities For Use In Court
(2) In the event that it is not possible to file the documents in advance of the hearing,
counsel may apply to the Judge or Registrar conducting the hearing for leave to use
paper documents during the hearing. The paper documents may be printed on one side
or both sides of each page. The solicitor must explain why it was not possible to file the
documents in advance of the hearing, and must also give an undertaking to file using the
Electronic Filing Service all the documents used at the hearing by the next working day
after the hearing. Any document not filed using the Electronic Filing Service will not be
included in the Courts case file.
Bundle of authorities
(3) Bundles of authorities may be filed, served, delivered or otherwise conveyed using
the Electronic Filing Service. A party may also choose not to file bundles of authorities
and may instead use these for hearings in paper form according to the directions in this
Part.
(4) The party using the paper copy of the bundle of authorities shall bear the onus of
producing the bundle at every hearing at which it is required. The paper copy of the
bundle of authorities may be printed on one side or both sides of each page. The Court
will neither retain nor undertake to produce for hearings the paper copy of the bundle.
The Judge or Registrar may, if he or she so chooses, retain the paper copy of the bundle
of authorities for his or her own reference. The paper copy so retained will not, however,
form part of the Courts record in respect of the proceedings in which it was used.
(5) Counsel must adhere to the following directions when preparing bundles of
authorities for use in Court. These requirements shall also apply to paragraphs 71 to 73
of these Practice Directions:
(a) The bundle of authorities shall have a table of contents immediately after the
first title page. Where the bundle of authorities consists of more than one volume,
each volume shall have a table of contents clearly indicating the authorities that
are contained in that volume.
(b) The items in the table of contents shall be numbered sequentially, and bound
in the order in which they are listed.
(c) The table of contents shall contain a concise statement of the relevance of each
authority to the specific issues before the Court. The relevance of each authority
shall be succinctly expressed and comprise no more than 3 sentences. The
statement shall be set out immediately after the name of the case. For example:
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Rickshaw Investments Ltd and another v Nicolai Baron von Uexkull [2007] 1
SLR(R) 377
(6) The Court may reject bundles of authorities that are not in compliance with sub-
paragraph (5) above, and in exercising its discretion as to costs, take such non-
compliance into account.
(7) Where electronic bundles of authorities are filed through the Electronic Filing Service,
the following shall apply:
(a) A bookmark should be created in the Portable Document Format (PDF) file for
each authority in the bundle.
(b) The name given to each bookmark should be the same as the table of
contents.
(c) The page number of each printed bundle must correspond to the page number
in the Portable Document Format (PDF) version of that bundle. Each separate
bundle of documents shall start at page 1 and every page shall be numbered
consecutively.
(1) Order 34, Rule 3 of the Rules of Court requires a bundle containing certain
documents to be filed together with the notice for setting down. The documents in the
bundle should be included in the order in which these appear in Order 34, Rule 3(1):
3. (1) The party setting down an action for trial must file with the Registrar, a
notice for setting down an action for trial in Form 61 together with a bundle for the
use of the Judge consisting of one copy of each of the following documents:
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Part VIII : Documents And Authorities For Use In Court
(2) In addition, parties should endeavour to file a core bundle of documents. This core
bundle should comprise only documents that are relevant to the hearing in question, or
which will be referred to in the course of the hearing.
(3) These documents must be prepared in an electronic format. If there are other
documents, the relevance of which is uncertain, these documents should be included and
any objections taken before the trial Judge.
(a) Index pages shall be prepared. Bookmarks should be created in the Portable
Document Format (PDF) file for each such reference in the index. There should be
as many book-marks in that PDF file as there are references in the index to
documents in that PDF file.
(b) The name given to each bookmark should be the same as the corresponding
reference in the index.
(d) The page number of each bundle of documents must correspond to the page
number in the Portable Document Format (PDF) version of that bundle. Each
separate bundle of documents shall start at page 1 and every page shall be
numbered consecutively.
(5) For proceedings using the Electronic Filing Service, a bundle of documents may be
created online and filed through the Electronic Filing Service. The electronic bundle shall
be created in Portable Document Format (PDF). The electronic bundle may contain:
(b) documents that have been uploaded into the electronic case file by solicitors or
other persons given access to the shared folder in the electronic case file.
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(2) Order 34, Rule 3A of the Rules of Court requires the originals of the affidavits of the
evidence-in-chief of all witnesses, a bundle of documents and the opening statements to
be filed not less than 5 working days before the trial of an action. In addition, to improve
the conduct of civil proceedings and to reduce the time taken in the presentation of
cases in Court, the respective solicitors of the parties shall also prepare a bundle of
authorities, which shall also be filed and served along with the documents on all relevant
parties.
(3) The opening statement must be filed in Court as a separate document using the
Electronic Filing Service. With the exception of opening statements, the following
documents need not be filed through the Electronic Filing Service:
(a) The affidavits of the evidence-in-chief of all witnesses and the bundle of
documents may be tendered to the Legal Registry of the Supreme Court in hard
copy together with an electronic copy stored on a CD-ROM in Portable Document
Format (PDF) and complying with the provisions of this paragraph.
(b) A party may choose not to include the bundles of authorities in the CD-ROM
and may instead tender it in hard copy.
(4) Any Court fees payable, pursuant to Appendix B of the Rules of Court, on filing the
documents in this sub-paragraph, shall be payable at the cashier at the Legal Registry.
Parties should, when making payment at the cashier, indicate to the cashier the precise
number of pages which comprise the documents.
(5) Payment of the Court fees on such documents should be made before the documents
are filed in Court in compliance with Order 34, Rule 3A. As such, the hard copy of
documents tendered to Court should show, on the front page, the amount of Court fees
paid on the document.
(6) The electronic copy must tally in all respects with the hard copy, as it will be
uploaded into the case file by the Legal Registry staff and will form part of the electronic
case file. The page numbers of the hard copy must correspond to the page numbers in
the Portable Document Format (PDF) version. Unnecessarily large electronic files should
not be submitted. Parties should adhere as far as possible to the guidelines set out on
the Electronic Filing Service website (www.elitigation.sg) on the resolution to be used
when scanning documents into PDF.
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Part VIII : Documents And Authorities For Use In Court
(7) In the event that parties elect to electronically file such documents, they must
nevertheless tender a bundle of these documents to the Legal Registry in hard copy. It
shall not be necessary to pay any additional Court fees in respect of the hard copy in
such circumstances.
(8) Parties are to note that the timeline in Order 34, Rule 3A (ie. not less than 5 days
before the trial) is to be adhered to strictly, and that it will in particular apply to the
electronic copy on CD-ROM and the filing of the opening statement as a separate
document.
(9) At the trial of the cause or matter, an adjournment may be ordered if:
(a) the documents or any of them (save for the opening statement in cases where
it is not required or dispensation was granted) were not filed and served within the
prescribed time or at all; or
(b) one party seeks to tender any of the above documents or supplements thereto
(except for supplements to the opening statement at the trial of the cause or
matter).
(10) If an adjournment is ordered for any of the reasons set out in sub-paragraph (9),
the party in default may be ordered to bear the costs of the adjournment.
Bundles of documents
(11) The bundle of documents required to be filed by Order 34, Rule 3A should be
paginated consecutively throughout at the top right hand corner and may be printed on
one side or both sides of each page.
(a) An index of contents of each bundle in the manner and form set out in Form 10
of Appendix A of these Practice Directions must also be furnished. No bundle of
documents is necessary in cases where parties are not relying on any document at
the trial.
(b) Under Order 34, Rule 3A(3) it is the responsibility of solicitors for all parties to
agree and prepare an agreed bundle as soon as possible. The scope to which the
agreement extends must be stated in the index sheet of the agreed bundle.
(i) be firmly secured together with plastic ring binding or plastic spine
thermal binding. The rings or spines should be red for plaintiffs and blue for
defendants with a transparent plastic cover in front and at the back;
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(ii) have flags to mark out documents to which repeated references will be
made in the course of hearing. Such flags shall bear the appropriate indicium
by which the document is indicated in the index of contents. Flags shall be
spaced out evenly along the right side of the bundle so that, as far as
possible, they do not overlap one another; and
(d) Where originals and copies of documents are included in one bundle, it should
be stated in the index which documents are originals and which are copies.
(e) Only documents which are relevant or necessary for the trial shall be included
in the bundles. In cases where the Court is of the opinion that costs have been
wasted by the inclusion of unnecessary documents, the Court will have no
hesitation in making a special order for costs against the relevant person.
(f) A core bundle should also be provided, unless one is clearly unnecessary. The
core bundle should contain the most important documents upon which the case will
turn or to which repeated reference will have to be made. The documents in this
bundle should not only be paginated but should also be cross-referenced to copies
of the documents included in the main bundles. The bundle supplied to the Court
should be contained in a loose-leaf file which can easily have further documents
added to it if required.
Bundles of authorities
(12) In addition to requirements set out in paragraph 69(5) of these Practice Directions,
the bundle of authorities must:
(a) contain all the authorities, cases, statutes, subsidiary legislation and any other
materials relied on;
(b) be arranged in the following order statutes in alphabetical order of the title,
subsidiary legislation in alphabetical order of the title, cases in alphabetical order
of the case name, secondary materials (such as textbooks and articles) in
alphabetical order of the last name of the author, and any other materials in
alphabetical order of the title or last name of the author as is appropriate;
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Part VIII : Documents And Authorities For Use In Court
(c) be properly bound with plastic ring binding or plastic spine thermal binding.
The rings or spines should be red for plaintiffs and blue for defendants with a
transparent plastic cover in front and at the back;
(d) have flags to mark out the authorities. Such flags shall bear the appropriate
indicium by which the authority is referred to. Flags shall be spaced out evenly
along the right side of the bundle so that as far as possible they do not overlap one
another;
(e) be paginated consecutively at the top right hand corner of each page.
Pagination should commence on the first page of the first bundle and run
sequentially to the last page of the last bundle; and
(f) contain an index of the authorities in that bundle and be appropriately flagged
for easy reference; and
(13) Only authorities which are relevant or necessary for the trial shall be included in the
bundles. No bundle of authorities is necessary in cases where parties are not relying on
any authority at the trial. In cases where the Court is of the opinion that costs have been
wasted by the inclusion of unnecessary authorities, the Court will have no hesitation in
making a special order for costs against the relevant person.
Opening statements
(14) A proper opening statement is of great assistance to the Court as it sets out the
case in a nutshell, both as to facts and law. It is intended to identify both for the parties
and the Judge the issues that are, and are not, in dispute. It enables the Judge to
appreciate what the case is about, and what he is to look out for when reading and
listening to the evidence that will follow. The need for brevity is emphasised as opening
statements that contain long and elaborate arguments, and citations from and
references to numerous authorities, do not serve this purpose.
(a) Opening statements will be required from all parties in all cases commenced by
writ in the High Court, except where dispensation has been granted by the Court
and in motor vehicle accident actions. Statements submitted may be taken as read
by the trial Judge.
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(i) the nature of the case generally and the background facts insofar as they
are relevant to the matter before the Court and indicating which facts, if any,
are agreed;
(ii) the precise legal and factual issues involved are to be identified with
cross-references as appropriate to the pleadings. These issues should be
numbered and listed, and each point should be stated in no more than one
or two sentences. The object here is to identify the issues in dispute and
state each partys position clearly, not to argue or elaborate on them;
(c) In cases where the Court is of the opinion that costs or hearing days have been
wasted by a poorly drafted opening statement, the Court will have no hesitation in
making a special order for costs against the relevant person.
(d) The following format shall be adhered to when preparing opening statements:
(i) all pages shall be paginated, with the first page (including the cover page)
numbered as Page 1 so that the page numbers of the hard copy correspond
to the page numbers in the Portable Document Format (PDF) version;
(ii) the minimum font size to be used is Times New Roman 12 or its
equivalent;
(iv) each page may be printed on one side or both sides; and
(v) every page shall have a margin on all 4 sides, each of at least 35 mm in
width.
(e) All opening statements should not exceed 20 pages (including all annexes and
appendices, but excluding the cover page and backing page).
(f) Opening statements may be amended at trial, but counsel will be expected to
explain the reasons for the amendments.
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Part VIII : Documents And Authorities For Use In Court
(1) In all criminal proceedings and civil and criminal appeals heard in open Court in the
High Court, counsel shall submit their own bundle of authorities. In this regard,
paragraph 71(12) to (13) shall, mutatis mutandis, be complied with.
(2) In all criminal proceedings and civil and criminal appeals heard in open Court in the
Court of Appeal, as well as disciplinary proceedings (or appeals therefrom) brought
under any statute, including the Legal Profession Act and the Medical Registration Act
which are heard by a Court of 3 Judges, counsel shall submit a soft copy of the bundle of
authorities in Adobe Portable Document Format (PDF) together with the other documents
required to be submitted under paragraph 88(3).
(3) With regard to soft copy bundles of authorities, the requirements set out in
paragraphs 69(5), 71(12)(a), 71(12)(b) and 71(13) shall be complied with. The soft
copy bundle of authorities shall contain electronic bookmarks to each case therein,
bearing the name of each of the cases for easy electronic access. The page numbers of
any hard copy bundle of authorities must correspond to the page numbers in the
Portable Document Format (PDF) version.
(1) In all hearings in Chambers before a Judge or Registrar, counsel shall submit their
own bundles of documents (where necessary) and bundles of authorities. Order 34, Rule
3A of the Rules of Court and the requirements of paragraph 71(11) to (13) shall, mutatis
mutandis, be complied with in this regard, save that the bundles may be submitted at
the hearing itself before the Judge or Registrar, as the case may be.
(2) The party using the paper copy of the bundle of authorities should file through
Electronic Filing Service a list of authorities to be used at least one clear day in advance
of the hearing. In the event that it is not possible for the party to do so, he must explain
to the Judge or Registrar conducting the hearing why it was not possible for him to do so
and must also undertake to file the list of authorities using Electronic Filing Service by
the next working day after the hearing.
73A. Written submissions and bundles of authorities for special date hearings
(1) For any contested special date hearing before a Judge in the High Court, each party
shall:
(a) submit to the Court and serve on the other party a hard copy of the following
documents at least 1 clear day in advance of the hearing
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(b) file a soft copy of his written submissions using the Electronic Filing Service no
later than 1 working day after the hearing.
(2) If any party does not intend to rely on written submissions at the contested hearing
referred to in sub-paragraph (1) above (e.g., where the hearing does not involve
complex issues), the party should seek the Courts approval for a waiver by way of a
Request using the Electronic Filing Service at least 7 days before the hearing.
(3) This paragraph does not apply to any hearing before a Judge which is fixed on the
normal list. However, parties are encouraged to adhere to the directions set out in sub-
paragraph (1) above if the application will be contested. In the event that this is not
done, the Judge may adjourn the hearing to enable the filing of written submissions or
bundle of authorities if appropriate.
(4) For any special date hearing before a Registrar, any party who wishes to rely on
written submissions at the hearing is required to comply with sub-paragraph (1) above.
(5) This paragraph does not apply to any hearings for which specific directions on the
filing of written submissions or bundle of authorities are provided for in these Practice
Directions.
(1) The Honourable the Chief Justice has directed that counsel who wish to cite a
judgment as authority in support of their oral or written submissions shall adhere to the
following directions. These directions are intended to provide guidance to advocates and
solicitors as to (a) the extent to which it is necessary to deploy both local and foreign
judgments in support of their case; and (b) the practice of citing such judgments.
(2) Counsel who cite a judgment must state the proposition of law that the judgment
establishes and the parts of the judgment that support that proposition. Such
statements should not excessively add to the length of the submission but should be
sufficient to demonstrate the relevance of that judgment to the argument made. Where
counsel wish to cite more than two judgments as authority for a given proposition, there
must be a compelling reason to do so, and this reason must be provided by counsel in
the submissions.
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Part VIII : Documents And Authorities For Use In Court
(3) The Court will also pay particular attention to any indication in the cited judgment
that the judgment (i) only applied decided law to the facts of the particular case; or (ii)
did not extend or add to the existing law.
(4) Judgments from other jurisdictions can, if judiciously used, provide valuable
assistance to the Court. However, where there are in existence local judgments which
are directly relevant to the issue, such judgments should be cited in precedence to
foreign judgments. Relevant local judgments will be accorded greater weight than
judgments from foreign jurisdictions. This will ensure that the Courts are not
unnecessarily burdened with judgments made in jurisdictions with differing legal, social
or economic contexts.
(a) draw the attention of the Court to any local judgment that may be relevant to
whether the Court should accept the proposition that the foreign judgment is said
to establish; and
(b) ensure that such citation will be of assistance to the development of local
jurisprudence on the particular issue in question.
Citation practice
(6) Counsel who cite a judgment must use the official series of the law report(s) or, if
the official series is not available, any other law report series in which the judgment was
published. Counsel should refrain from referring to (or including in the bundle of
authorities) copies of judgments which are printed out from electronic databases, unless
(a) such judgments are not available in any law report series; or (b) the print-outs are
the exact copies of the judgments in the law report series.
The following are examples of law reports that should be used for citation:
(c) England & Wales 1. Law Reports published by the Incorporated Council of Law Reporting
(e.g. Queen's Bench (QB), Appeal Cases (AC), Chancery (Ch),
Family (Fam), Probate (P)
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(7) Counsel should, where possible, make specific citations by referring to the paragraph
number of the judgment, and not to the page number of the judgment or report. For
consistency, square brackets ([xx]) should be used to denote paragraph numbers. The
paragraph mark () should no longer be used.
(a) Cases reported in the Singapore Law Reports shall be cited using their
Singapore Law Reports citations, in priority to their neutral citations.
COURT DESIGNATORS
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Part VIII : Documents And Authorities For Use In Court
Ancillary provisions
(9) The Court in exercising its discretion as to costs may, where appropriate in the
circumstances, take into account the extent to which counsel has complied with this
practice direction in the citation of judgments before the Court.
(10) It will remain the duty of counsel to draw the attention of the Court to any
judgment not cited by an opponent, which is adverse to the case being advanced.
(11) In addition, counsel should also comply with paragraphs 71(12) and 71(13) when
preparing bundles of authorities for use in trials of writ actions in open Court.
(12) This paragraph applies to all hearings, whether in open Court or chambers, in the
Supreme Court.
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Part IX : Judgments And Orders
PART IX: JUDGMENTS AND ORDERS
Post-judgment interest
Interest on costs
Pre-judgment interest
(1) Order 42, Rule 8(1) and (2) of the Rules of Court place the burden of approving the
drafts of inter partes judgments and orders on the solicitors themselves. The solicitors
should therefore approve the drafts and not submit these drafts to the Registrar for
approval.
(2) The Registrars signature on a judgment or order is only for the purpose of validity
and does not in any way affect the regularity or irregularity of the contents of any
judgment or order.
(3) Subject to sub-paragraph (4), parties in inter partes applications should proceed to
engross a final copy of the draft judgment for signature by the Registrar after agreeing
on the draft. Draft orders of Court for ex parte applications may be submitted with the
summons and the supporting affidavit when these are filed.
(4) For draft orders in electronic form that are composed online through the Electronic
Filing Service, the process for extracting judgments and orders shall be as follows:
(a) Parties have the option of filing a system-generated order of court through the
Electronic Filing Service.
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Part IX : Judgments And Orders
(b) Before filing the system-generated order of court, the party extracting the
order must:
(i) review and edit the order of court electronic form to ensure that it
accurately reflects the orders made by the Court; and
(ii) obtain the approval of all other parties to the application and provide
evidence of such approval when filing the draft order of court, for example, a
Portable Document Format (PDF) copy of a draft order of court signed by the
solicitors of all parties to the application.
(c) Where parties disagree over one or more terms of the order of court, the party
filing the draft order of court shall be responsible for including in the order of court
electronic form all versions of the disputed terms by editing the order of court
electronic form. All relevant correspondence concerning the dispute must be
provided when filing the draft order of court.
(d) The Registry will seal and issue an engrossed order of court once its terms are
approved.
(5) Order 42, Rule 8(3), (4) and (5) shall continue to apply:
(a) In any case where the solicitors concerned are unable to agree upon the draft,
any one of them may obtain an appointment before the Registrar by filing a
Request through the Electronic Filing Service, of which notice shall be given to the
other, to settle the terms of the judgment or order.
(b) For judgments or orders composed online through the Electronic Filing Service,
any solicitor may ask the Registrar to settle the terms of the judgment or order.
Such solicitor shall be responsible for including in the draft judgment or order
electronic form all versions of the disputed terms by editing the judgment or order
electronic form prior to seeking an audience before the Registrar.
(c) Every judgment or order shall be settled by the Registrar, but in the case of a
judgment or order made by a Judge, any party may require the matter in dispute
to be referred to the Judge for his determination.
(6) Where the other party has no solicitor, the draft shall be submitted to the Registrar.
(1) The previous practice of applying for a search for appearance and obtaining a
certificate of non-appearance before judgment in default of appearance is entered is
discontinued.
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(2) The procedure for applying for judgment in default of appearance or service of
defence will be by way of filing a Request to enter judgment in Form 79A together with
the judgment in Form 79 of Appendix A to the Rules of Court. Solicitors attention is
drawn to Order 13, Rule 7(1) and Order 19, Rule 8A of the Rules of Court, which state:
Judgment shall not be entered against a defendant under this Order unless a
request to enter judgment in Form 79A is filed with the judgment in Form 79.
(3) For Requests to enter judgment electronic forms composed online through the
Electronic Filing Service, a signed hard copy of the Request to enter judgment electronic
form shall be retained by the solicitor concerned and produced to the Court when
required by the Court to do so.
(5) For the avoidance of doubt, Requests for entry of default judgment shall be filed as a
Portable Document Format (PDF) document for suits where the memorandum of service
has been filed before 1 January 2013. For all other cases, the Request for entry of
default judgment electronic form shall be composed online through the Electronic Filing
Service.
(1) The directions set out in sub-paragraphs (2) to (3) shall be observed when entering
judgments in default of appearance or service of defence under Orders 13 and 19
respectively of the Rules of Court. These directions shall apply to such default judgments
entered on or after 1 April 2007. (In respect of post-judgment interest for such default
judgments under Order 42, Rule 12, please refer to sub-paragraph (4) below).
Non-Contractual Interest
(a) Pursuant to the Chief Justices directions as provided for under Order 13, Rule
1(2) and Order 19, Rule 2(2), the rate of interest shall be 5.33% per annum until
further notice.
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Part IX : Judgments And Orders
(b) The period of interest shall be from the date of the writ to the date of the
judgment.
Contractual Interest
(ii) The period of interest shall be as pleaded, except that it shall end on the
date of judgment and not on the date of payment.
Principal sum $
Amount of interest $
(ii) The period of interest shall be as pleaded, except that it shall end on the
date of judgment and not on the date of payment.
(iii) The total amount of interest payable shall be specified in the judgment.
(c) Evidence of the agreement as to the rate of interest shall be attached to the
judgment.
Post-judgment interest
(4) The directions set out in sub-paragraph (5) shall apply to judgments granted on or
after 1 April 2007. The directions set out in sub-paragraph (5) shall also apply to
judgments entered in default of appearance or service of defence under Orders 13 and
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(5) Pursuant to the Chief Justices directions as provided for under Order 42, Rule 12,
unless it has been otherwise agreed between the parties, interest payable after the date
of judgment shall be 5.33% per annum until further notice and calculated to the date of
the judgment is satisfied. The Court retains the discretion under Order 42, Rule 12 to
revise the default rate of interest to such other rate not exceeding the default rate on
the facts of the individual case.
Interest on costs
(6) The directions set out in sub-paragraph (7) shall apply to costs where the
commencement date under Order 59, Rule 37 is on or after 1 April 2007. For the
avoidance of doubt, costs with commencement dates which are prior to 1 April 2007 will
carry the default interest rate of 6% per annum for the entire period of accrual of
interest.
(7) Pursuant to the Chief Justices directions as provided for under Order 59, Rule 37(1),
interest payable from the relevant date(s) as stipulated in Order 59, Rule 37(1) shall be
5.33% per annum until further notice and calculated to the date of payment.
Pre-judgment interest
(8) The directions set out in sub-paragraph (9) shall apply to awards of interest for the
period prior to judgment, such order being made on or after 1 April 2007.
(9) The Chief Justice has directed that solicitors may wish to submit to the Court to
consider that the interest rate for the period prior to the date of judgment should be the
default interest rate of 5.33% per annum. Solicitors should note that the Court retains
the overriding discretion to depart from the default interest rate based on the facts of
the individual case.
(10) The directions set out in sub-paragraph (11) shall apply to orders made under
Order 30, Rule 6(2) for payment of interest on or after 1 April 2007.
(11) Pursuant to the Chief Justices directions as provided under Order 30, Rule 6(2), the
interest ordered by the Court on the sum shown by the receivers account as due from
him and which the receiver has failed to pay into Court shall be 5.33% per annum until
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Part IX : Judgments And Orders
further notice. Interest shall accrue for the period which the sum was in possession of
the receiver.
(1) In any request or application for a consent judgment or order involving any
disposition or transfer of property, parties must provide the following information to the
Court:
(c) whether the property is subject to any encumbrances which would affect a
disposition or transfer of the property; and
(d) any other relevant information which ought to be disclosed to the Court in
granting the consent judgment or order.
(2) The Court may require the information in this paragraph to be provided by way of
affidavit, including exhibiting the relevant searches where applicable.
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Part X : Enforcement Of Judgments And Orders
PART X: ENFORCEMENT OF JUDGMENTS AND ORDERS
(1) An application for a writ of execution shall be made by way of filing a writ of
execution in Form 82, 83, 84 or 85 of Appendix A to the Rules of Court. The writ of
execution is deemed to be issued when it is sealed by an officer of the Registry pursuant
to Order 46, Rule 4.
(2) The previous practice of filing a Request to issue a writ of execution is discontinued.
(1) Where any party requires the Sheriff or his bailiffs to:
(a) attend at the place of execution at any time after the first attendance, whether
during or after office hours, for the purposes of executing a writ of execution or
distress or to arrest a debtor,or any other purpose;
(2) The fees prescribed by Appendix B to the Rules of Court will be payable in respect of
any attendance by the Sheriff or his bailiffs pursuant to a Request made in Form 11.
(1) If an execution creditor wishes to effect the sale of immovable property seized under
a writ of seizure and sale, he shall file the requisite Request for sale electronic form to
the Sheriff through the Electronic Filing Service stating the following:
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Part X : Enforcement Of Judgments And Orders
(a) the date of registration (and expiry) at the Singapore Land Registry of the
order of court/writ of seizure and sale on immovable property;
(b) that a copy of the order of court/writ of seizure and sale on immovable
property has been served on the execution debtor, and the date of such service;
and
(c) whether the immovable property is subject to any mortgage or charge, and if
so, that the mortgagee or chargee consents to the sale.
(d) the names of 3 proposed law firms and/or solicitors, among whom the Sheriff
will appoint 1 to act on its behalf in the sale of the immovable property.
(2) The Sheriff shall not be required to proceed with the sale if the immovable property
is subject to a mortgage or charge and the execution creditor is unable to produce the
written consent of the mortgagee or chargee to the sale.
(3) If the Sheriff proceeds with the sale of the immovable property, the Sheriff may
appoint any solicitor on his behalf to settle the particulars and conditions of sale.
(4) The following applies to any sale of immovable property by the Sheriff:
(a) the Sheriff may require more than one valuation report to be submitted by a
certified valuer before proceeding with the sale;
(b) the sale may be conducted by a licensed auctioneer and the immovable
property may be offered for sale by way of private treaty, tender, auction or such
other manner as the licensed auctioneer may advise;
(c) the immovable property shall not be sold at a price below the forced sale value
as specified in the valuation report, or if there exists two or more valuation
reports, in the latest valuation report; and
(d) the solicitor shall prepare all necessary conditions of sale, documentation,
accounts and particulars on behalf of the Sheriff in accordance with the Sheriffs
directions, and shall be entitled to recover his legal fees and disbursements from
the proceeds of sale as sheriffs expenses.
(1) A questionnaire in the recommended format as set out in Form 11A or 11B of
Appendix A of these Practice Directions (whichever is appropriate) shall be annexed to
the Order for Examination of Judgment Debtor when the said Order is served on the
Judgment Debtor or the officer of the Judgment Debtor if it is a body corporate
(collectively known as Judgment Debtor for the purposes of this paragraph). The
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Judgment Creditor may modify the questions according to the circumstances of each
case.
(2) If the Judgment Debtor is of the view that any question is unreasonable, he is to
contact the Judgment Creditor to ascertain whether the issue can be resolved prior to
the hearing.
(3) At the hearing, the answered questionnaire is to be produced to the Registrar and
received as evidence upon the Judgment Debtors confirmation on oath that his answers
provided are true and correct. The Judgment Creditor may then apply to discharge the
Judgment Debtor or proceed with further questioning.
(4) The Judgment Debtor need not attend at the examination hearing if:
(b) the Judgment Creditor agrees to discharge the Order for Examination at the
examination hearing.
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Part XI : Appeals And Hearings Before Court Of 3 Judges
PART XI: APPEALS AND HEARINGS BEFORE COURT OF 3 JUDGES
83. Civil appeals before the High Court from the State Courts
84. Civil appeals before the High Court from tribunal or person under Order 55 of the
Rules of Court
86. Quantum of security to be provided under Order 57, Rule 3(3) of the Rules of Court
86A. Appeals Information Sheet for civil appeals to the Court of Appeal
87. Filing of records of appeal, core bundles and written Cases for civil appeals under
Order 57, Rules 9 and 9A of the Rules of Court
87A. Request for leave to exceed page limit for Appellant's Case and Respondent's Case
for civil appeals to the Court of Appeal
88. Hard copies and soft copies for hearing of civil appeals before the Court of Appeal
under Order 57 of the Rules of Court
Arrangement
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Table of contents
Spacing
90. Skeletal arguments for appeals before the High Court, Court of Appeal and Court of 3
Judges
Timelines for submission of skeletal arguments for appeal before the High Court
91. Use of presentation slides for all proceedings before the High Court, Court of Appeal
and Court of 3 Judges
Typeface
Colours
Corporate logos
(1) The directions in this Part shall, subject to sub-paragraph (2) below, mutatis
mutandis, apply to appeals before the High Court, hearings before the Court of Appeal
and disciplinary proceedings (or appeals therefrom) brought under any statute, including
the Legal Profession Act and the Medical Registration Act which are heard by a Court of 3
Judges.
(2) Where disciplinary proceedings (or appeals therefrom) brought under any statute,
including the Legal Profession Act and the Medical Registration Act, are heard by a Court
of 3 Judges, 1 hard copy each of the parties written submissions, the record of
proceedings, the originating summons and all affidavits filed in the originating summons
shall be tendered.
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Part XI : Appeals And Hearings Before Court Of 3 Judges
(1) All requests for further arguments shall be made by way of Request filed through the
Electronic Filing Service and should, either in the Request electronic form or a document
attached thereto:
(b) identify the Judge or Registrar who heard the matter in question;
(d) state the provision of law under which the request is made;
(e) set out the proposed further arguments briefly, together with any authorities;
and
83. Civil appeals before the High Court from the State Courts
(1) In appeals under Order 55D of the Rules of Court, the appellant and the respondent
are to tender one hard copy of the record of appeal and the Cases, as well as any bundle
of authorities to be relied upon to the Legal Registry of the Supreme Court not less than
5 working days before the hearing of the appeal, to assist the Judge of the High Court.
(2) Directions for appeals from the Family Court on ancillary matters in divorce
proceedings, custody matters or proceedings pursuant to s 17A(2) of the Supreme Court
of Judicature Act are set out at paragraph 142.
(3) In addition to any provisions in the Rules of Court or other written law, and subject
to any further directions made by the Court, the Registrar hereby directs that appeals to
the High Court from the Employment Claims Tribunal shall be heard in open Court.
84. Civil appeals before the High Court from tribunal or person under Order 55
of the Rules of Court
(1) Order 55, Rule 6(4) of the Rules of Court states that it is the appellant's duty to
apply to the Judge or other person presiding at the proceedings in which the decision
appealed against was given, for the signed copy of any note made by him of the
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proceedings and to furnish that copy for the use of the Court. For the avoidance of
doubt, the onus is on the appellant to file a record of proceedings, comprising the signed
copy of the notes of proceedings, and any further grounds of decision, in the High Court.
(2) The appellant and the respondent are to tender one hard copy of the notes of
proceedings, grounds of decision and any skeletal arguments or bundles of authorities to
be relied upon to the Legal Registry of the Supreme Court not less than 5 working days
before the hearing of the appeal, to assist the Judge of the High Court.
(3) No affidavits shall be filed in respect of the appeal without the leave of court.
(1) The time for an appellant to file the record of appeal, the Case and the core bundle
of documents for hearing before a Court of Appeal is 2 months from the service of the
notice referred to in Order 57, Rule 5(2) of the Rules of Court where the appeal is to be
heard by a 3 judge Court, and one month where the appeal is to be heard by a 2 judge
Court.
(3) The Judge at first instance will inform the Legal Registry of the Supreme Court of his
decision on the above matter, and the Legal Registry will inform the appellant in the
notice prescribed under Order 57, Rule 5(2) of the time for filing of the record of appeal,
the Appellants Case and the core bundle of documents, in accordance with whether the
matter will be heard by a 2 or 3 Judge Court of Appeal.
(4) If the Judge at first instance does not determine the issue of whether the appeal
should be heard before a 2 or 3 Judge Court of Appeal, or if the appellant should dispute
the determination of the Judge of first instance, the matter will be referred to a Judge of
Appeal whose determination is final. An appellant who wishes to dispute the
determination of the Judge of first instance must, within 7 days of the service of the
notice prescribed under Order 57, Rule 5(2) inform the Legal Registry by filing a Request
Pursuant to section 30(1) of the Supreme Court of Judicature Act (Cap. 322) and
notwithstanding any determination that may be made under paragraph 85(2) or (4) of
these Practice Directions, the Court of Appeal may determine, as and when appropriate,
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Part XI : Appeals And Hearings Before Court Of 3 Judges
(1) Under Order 57, Rule 16, a respondent may make an application to strike out a
notice of appeal within the time frame provided in the Rule. The leave of the Court of
Appeal to receive any further affidavit pursuant to Order 57, Rule 16(13), may be sought
by way of correspondence to the Court of Appeal, or an appointment before a Judge of
Appeal in a case management conference.
86. Quantum of security to be provided under Order 57, Rule 3(3) of the Rules
of Court
(3) The appellant must at the time of filing the notice of appeal provide security for
the respondents costs of the appeal in the sum of $10,000 or such other sum as
may be fixed from time to time by the Chief Justice by
(a) depositing the sum in the Registry or with the Accountant-General and
obtaining a certificate in Form 115; or
(b) procuring an undertaking in Form 116 from his solicitor and filing a certificate
in Form 117.
(2) The Honourable the Chief Justice has, in exercise of the powers conferred on him by
Order 57, Rule 3(3), fixed the sum to be provided by the appellant by way of security for
the respondent's costs of an appeal to the Court of Appeal at $15,000 for appeals
against interlocutory orders and $20,000 for all other appeals.
86A. Appeals Information Sheet for civil appeals to the Court of Appeal
(1) The Chief Justice has directed that for civil appeals to the Court of Appeal, parties
shall file in court and serve on every other party to the appeal or his solicitor an Appeals
Information Sheet in Form 27 of Appendix A to these Practice Directions at the same
time as their respective Cases under Order 57, Rules 9 and 9A of the Rules of Court are
filed and served.
(2) Where appropriate, parties or their solicitors may be required to attend in person to
take directions on the conduct of the appeal.
87. Filing of records of appeal, core bundles and written Cases for civil appeals
under Order 57, Rules 9 and 9A of the Rules of Court
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(1) Under Order 57, Rule 9(1) of the Rules of Court, the appellant is required to file the
record of appeal, the Appellants Case and the core bundle. Under Order 57, Rule 9A(2),
the respondent has to file the Respondents Case and the supplemental core bundle (if
any). Under Order 57, Rule 9A(5A), the appellant may file an Appellants Reply. The
record of appeal, core bundle and supplemental core bundle are collectively referred to
in this paragraph as appeal bundles.
(2) For the purpose of complying with Order 57, Rules 9 and 9A, the parties are required
to file the following documents using the Electronic Filing Service in accordance with the
specified time frames in Order 57, Rules 9(1), 9A(2) and 9A(5A).
(ii) Form of the core bundle in lieu of the core bundle; and
(ii) Form of the Respondent's supplemental core bundle (if any) in lieu of the
supplemental core bundle.
(c) Where applicable, the appellant may also file one copy of the following:
(ii) Form of the Appellant's supplemental core bundle (if any) in lieu of the
supplemental core bundle.
(3) The form of the record of appeal, form of core bundle and form of supplemental core
bundle (collectively referred to in this paragraph as forms of appeal bundles) filed
pursuant to sub-paragraph (2) must be in accordance with Forms 12, 13 and 14 of
Appendix A of these Practice Directions. For the avoidance of doubt, the documents
contained in the hard copies of the appeal bundles must coincide with the documents
listed in the form of the appeal bundles.
(4) The attention of parties is also drawn to the Court fees payable under Order 90B
read with Appendix B of the Rules of Court, and the importance of brevity and restraint
in the compilation of core bundles.
(4A) The Chief Justice has further directed that the Appellants Case and the
Respondents Case in civil matters before the Court of Appeal shall not exceed 50 pages
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Part XI : Appeals And Hearings Before Court Of 3 Judges
unless leave of the Court of Appeal is obtained. The Appellants Reply, if any, shall not
exceed 30 pages unless leave of the Court of Appeal is obtained. The process for
obtaining leave of the Court of Appeal may be found in paragraph 87A of these Practice
Directions. Any Appellants Case, Respondents Case, and Appellants Reply in breach of
this requirement will be rejected. The cover page and backing page shall be excluded
from any computation of the number of pages. Parties are reminded to comply with
Order 57, Rule 9A of the Rules of Court in respect of the preparation of their Cases, and
the Appellants Reply, as well as the following requirements:
(a) all pages should be paginated, with the page numbers corresponding to the
Portable Document Format version of the Case or the Appellants Reply, as the
case may be;
(b) the minimum font size to be used is Times New Roman 12 or its equivalent;
(d) every page shall have a margin on all 4 sides, each of at least 35 mm in width.
(5) If a party wishes to rely on a document which does not exist in the electronic case
file, he must file the document together with the respective forms of appeal bundles.
Further, a table of contents must be included for these documents. These documents
must be paginated consecutively at the centre top of the page and the solicitor must
ensure that the pagination takes into account the pages comprising the respective forms
of appeal bundles and the table of contents for these additional documents. For example,
if the form of the core bundle is 5 pages and the table of contents for the additional
documents is 2 pages, the first page of the first document should be paginated as page
8.
(6) When the core bundles and supplemental core bundles are tendered at the Legal
Registry of the Supreme Court pursuant to paragraph 88(1), the Legal Registry staff will
state on the top right hand corner of the bundle the exact amount of Court fees payable
under Order 90B. The parties should then pay the Court fees as indicated.
87A. Request for leave to exceed page limit for Appellants Case, Respondents
Case and Appellant's Reply for civil appeals to the Court of Appeal
(1) Parties shall apply for leave of the Court of Appeal to exceed the page limit for the
Appellants Case, the Respondents Case or the Appellant's Reply by filing a Request in
the Electronic Filing Service stating the reasons for requiring additional pages and the
number of additional pages required.
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(2) The application for leave to exceed the page limit for the Appellants Case or the
Respondents Case shall be filed at least 14 days before the date the Appellants Case or
the Respondents Case, as the case may be, is due to be filed. The application for leave
to exceed the page limit for the Appellants Reply shall be filed at least 7 days before the
date the Appellants Reply is due to be filed. Applications filed out of time will be
rejected.
A request for the waiver or deferment of the whole or any part of any appeal court fees
under Order 91, Rule 5 of the Rules of Court must be supported by an affidavit in Form
14A of Appendix A of these Practice Directions. The affidavit in Form 14A must verify
Form 14B of Appendix A of these Practice Directions.
88. Hard copies and soft copies for hearing of civil appeals before the Court of
Appeal under Order 57 of the Rules of Court
(1) In order to assist the Judges of the Court of Appeal, the appellant and the
respondent are required to tender hard copies of the Appellants and Respondents
Cases, the Appellants Reply (if any), core bundles of documents and supplemental core
bundles of documents (if any) to the Legal Registry of the Supreme Court at the same
time when filing them within the prescribed time under Order 57, Rule 9A of the Rules of
Court. The following directions must be complied with:
(a) Where the appeal is to be heard by a 3-judge Court, 4 hard copies of the Cases
and the Appellants Reply (if any), the core bundles and supplemental core bundles
of documents (if any) shall be tendered.
(b) Where the appeal is to be heard by a 2-judge Court, 3 hard copies of the Cases
and the Appellants Reply (if any), the core bundles and supplemental core bundles
of documents (if any) shall be tendered.
(2) The directions set out in paragraph 89 apply in relation to the preparation of the
appeal bundles in hard copy, which may be printed on one side or both sides of each
page.
(3) In addition to the hard copies, the appellant and respondent are required to tender
soft copies of the following documents in Portable Document Format (PDF) at the same
time in a CD-ROM:
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(4) The files in the CD-ROM should be named in accordance with the following format:
For example -
(5) The CD-ROM shall be clearly labelled with the case number and title of the
proceedings. If there is more than one CD-ROM, the CD-ROMs shall be numbered
sequentially.
Arrangement
(1) This sub-paragraph sets out the manner of arranging appeal records.
(iv) Volume IV All such exhibits and documents as they were tendered in
the Court below, but which did not form an exhibit to any affidavit.
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(v) Volume V The Agreed Bundle (if any) in its original physical form as it
was tendered in the Court below.
(c) If any volume should exceed 300 pages, then that volume shall be sub-divided,
at a convenient page, into sub-volumes designated as part thereof, for example,
Volume III Part A, Volume III Part B and so on. Conversely, if any of the volumes
(with the exception of Volumes I and II which shall remain as separate volumes)
should be less than 100 pages each, these may be amalgamated into combined
volumes, each not exceeding 300 pages, and renumbered accordingly.
(d) The following additional directions shall apply to the form of the record of
appeal:
(i) The documents in Volumes I, II, and III shall be arranged strictly in the
order stated in sub-paragraph (1)(a) above.
(iii) Each document in Volume IV shall show its exhibit mark and whether it
is the plaintiffs or the defendants document, unless this is clear from the
mark.
(2) This sub-paragraph sets out the manner of paginating soft copy appeal records.
(a) The first page of each volume shall state the title and the Civil Appeal number
of the appeal, the names of the parties, the volume number, a short description of
its contents, the names and addresses of the appellants and respondents, and the
date of filing.
(b) The page number of each volume of the appeal records must correspond to the
page number in the Portable Document Format (PDF) version of that volume. Each
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separate volume of the appeal records shall start at page 1 and every page shall
be numbered consecutively. If separator sheets are used, these shall also be
numbered.
Table of contents
(3) This sub-paragraph sets out the format of the table of contents for appeal records.
(a) The table of contents of all volumes of the records shall be placed at the
beginning of Volume I, immediately after the first title page in the manner and
form set out in Form 15 of Appendix A of these Practice Directions.
(b) Each volume and, if any, parts thereof, shall also contain its own index of the
contents.
(c) Items in the table of contents shall be numbered serially, and listed in the
order in which they are found in the records.
(d) The items relating to the transcripts or notes of the evidence of witnesses shall
have a sub-table of contents of the evidence of each witness, and the number and
name of each witness shall be shown in such sub-table.
(f) Electronic bookmarks for each item of the table of contents and sub-table of
contents must be added to each volume of the PDF version of the appeal records.
The description of each bookmark shall correspond with the description of that
item in the table of contents or sub-table of contents, unless an abbreviated
description is appropriate.
Spacing
(4) The line spacing on every page of the records of which the original is typed-written
(for example, notice of appeal) shall be double-spaced.
(5) The documents to be included in the core bundle are stipulated in Order 57, Rule
9(2A). The contents of the core bundle shall be arranged in the following separate
volumes:
(a) Volume I a copy of the grounds of the judgment or order, the judgment or
order appealed from and an index of the documents included therein.
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(b) Volume II all other documents referred to in Order 57, Rule 9(2A), and an
index of the documents included therein.
Each volume of the core bundle shall begin at page 1, every page shall be numbered and
the page number of the core bundle shall correspond to the page number of the PDF
version.
(6) The solicitor having the conduct of the appeal may delegate the preparation of the
appeal records to an assistant or a suitably experienced law clerk or secretary, provided
always that the solicitor shall personally satisfy himself as to the good order and
completeness of every copy of the appeal records lodged in Court in accordance with the
above directions, and shall personally bear responsibility for any errors or deficiencies.
(7) With regard to the inclusion of documents, the solicitors attention is drawn to the
provisions of Order 57, Rules 9(2), (2A) and (3). Only documents which are relevant to
the subject matter of the appeal, or, in the case of core bundles, will be referred to in
the Cases, shall be included in the appeal records. The Court of Appeal will have no
hesitation in making a special order for costs in cases in which it is of the opinion that
costs have been wasted by the inclusion of superfluous or irrelevant documents.
Documents shall not appear more than once in the records, even if exhibited to different
affidavits.
(1) Where leave is granted by the Court of Appeal for the filing of any bundle of
documents under Order 57, Rule 9A(23), the party shall file the bundle of documents by
tendering the requisite hard copies of the bundle of documents to the Legal Registry of
the Supreme Court in accordance with paragraph 88(1) of these Practice Directions.
(2) In addition to hard copies, the party filing the bundle of documents is required to
tender soft copies of the bundle of documents in Portable Document Format (PDF) at the
same time in a CD-ROM in accordance with paragraphs 88(4) and (5) of these Practice
Directions.
(3) When the bundle of documents is tendered at the Legal Registry of the Supreme
Court pursuant to this paragraph, the Legal Registry staff will state on the top right hand
corner of the bundle the exact amount of Court fees payable under Order 90B. The
parties should then pay the Court fees as indicated.
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(4) The directions set out in paragraph 89 of these Practice Directions in relation to the
preparation of the bundles shall, with the necessary modifications, apply to the bundle of
documents.
90. Skeletal arguments for appeals before the High Court, Court of Appeal and
Court of 3 Judges
(a) civil and criminal appeals in the High Court, excluding appeals from the
Registrar to a Judge in Chambers;
(b) civil appeals and any other civil matters, including interlocutory applications,
before the Court of Appeal; and
(c) criminal appeals and other criminal matters before the Court of Appeal.
(3) Counsel should submit skeletal arguments for the hearing of the appeal or matter
and give a copy to counsel for the other parties. Hard copies of skeletal arguments may
be printed on one side or both sides of each page.
(4) Skeletal arguments are abbreviated notes of the arguments that will be presented.
Skeletal arguments are not formal documents and do not bind parties. They are a
valuable tool to the Judges and are meant to expedite the hearing of the appeal. These
notes should comply with the following requirements:
(a) they should contain a numbered list of the points proposed to be argued,
stated in no more than one or 2 sentences;
(b) each listed point should be accompanied by a full reference to the material to
which counsel will be referring, i.e., the relevant pages or passages in authorities,
the record of appeal, the bundles of documents, affidavits, transcripts and the
judgment under appeal;
(c) all pages should be paginated, with the first page (not including any cover
page) numbered as Page 1;
(d) the minimum font size to be used is Times New Roman 12 or its equivalent;
(f) every page shall have a margin on all 4 sides, each of at least 35mm in width.
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(5) The need for parties to avoid prolixity in their skeletal arguments is emphasised. All
skeletal arguments in civil matters before the Court of Appeal shall not exceed 20 pages.
Any skeletal arguments in breach of this requirement will be rejected. The cover page
and backing page shall be excluded from any computation of the number of pages.
(6) Where the appeal or matter is before the Court of Appeal, the skeletal arguments
must be filed by 4 p.m. on the Monday three weeks before the week of the Court of
Appeal sitting (e.g., the skeletal arguments for the Court of Appeal sitting in the week of
8 April 2013 must be filed by 4 p.m. on 18 March 2013). The skeletal arguments should
be filed by tendering 4 hard copies to the Legal Registry of the Supreme Court and filing
one soft copy through the Electronic Filing Service. Skeletal arguments filed in breach of
this timeline will be rejected. For the avoidance of doubt, this timeline applies regardless
of the actual day on which the particular appeal is scheduled for hearing before the Court
of Appeal.
(7) As with other non-compliance with timelines, costs may be imposed against the
party in default or his counsel personally in the event of non-compliance with sub-
paragraph (6) above. Unless approval for late filing has been granted, the party in
default may not file or tender these skeletal arguments in Court.
(8) Parties whose skeletal arguments have been rejected for filing may re-file their
skeletal arguments, provided they comply with sub-paragraphs (4) to (7) above.
Further skeletal arguments for civil and criminal matters before the Court of
Appeal
(8A) Where the Court of Appeal orders further skeletal arguments (including any
submissions on costs) to be filed for any civil or criminal matter, such skeletal arguments
shall not exceed 10 pages unless otherwise directed by the Court of Appeal. Any skeletal
arguments filed in breach of this requirement will be rejected. The cover page and
backing page shall be excluded from any computation of the number of pages.
Timelines for submission of skeletal arguments for appeal before the High
Court
(9) Where the appeal is a civil appeal before the High Court, the skeletal arguments
should be sent to the Legal Registry at least 2 working days before the hearing of the
appeal.
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(10) Where the appeal is a criminal appeal before the High Court, the skeletal arguments
should be sent to the Legal Registry at least 10 days before the hearing of the appeal.
Skeletal arguments filed in breach of this timeline will be stamped Late Submission.
91. Use of presentation slides for all proceedings before the High Court, Court
of Appeal and Court of 3 Judges
Subject to approval by the Court, parties may utilise presentation slides to assist in oral
submissions before the Court. Presentation slides may be projected in the courtroom or
hearing chambers when oral submissions are made. Presentation slides shall comply with
the following standards:
Typeface
(1) A clear typeface such as Arial or Times New Roman should be used; care should be
taken to ensure that the font used is of at least a size equivalent to Arial font size 32.
Bold and italicised fonts should be used sparingly.
Colours
(2) There should be sufficient contrast between the slide background and text: it is
preferable to use black or dark fonts with a light background. The colours used in slide
backgrounds should be muted and preferably monochromatic.
(3) Animation of slides or elements within a slide should be avoided; similarly, sounds
should not be incorporated in the presentation slides unless they are necessary.
Corporate logos
(4) Corporate logos of the law practice may be displayed on the presentation slides. Care
should be taken to ensure that the size and location of corporate logos do not distract
from the substance of the presentation slides.
(1) From time to time, requests are received for further arguments to be presented
before the Court of Appeal after the conclusion of the hearing of the appeal. Such
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requests should not be made as all relevant arguments should have been presented at
the hearing proper.
(2) The Honourable the Chief Justice has therefore directed that as a general rule, unless
asked for by the Court of Appeal itself, the Court of Appeal will not receive further
arguments after the conclusion of the hearing of the appeal.
(3) The general rule will be relaxed in only very exceptional circumstances, e.g., if an
authority not available at the hearing would be decisive. Counsel seeking to submit
further arguments should therefore satisfy themselves that very exceptional
circumstances exist. If they are of the view that such circumstances do exist, they must
also seek the consent of the other parties to their request.
(4) All requests for further arguments shall be made by filing a Request through the
Electronic Filing Service and should:
(b) identify the Judges constituting the Court of Appeal who heard the matter in
question;
(d) state the very exceptional reasons which justify the request;
(f) set out the proposed further arguments briefly, together with any authorities;
and
(5) Any request for further arguments must be received by the Registrar within one
week after the conclusion of the hearing of the appeal, failing which it cannot be
considered and will be rejected.
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PART XII: TAXATION MATTERS AND COSTS
Margin
Pagination
Format
Particulars
96. Objections
98. Taxations involving the Official Assignee, the Official Receiver, the Public Trustee or
the Director of Legal Aid
Paragraphs 94 and 96 apply to all taxations save where the entitlement to costs arose
prior to 1 February 1992, in which case the bill should be drawn up in accordance with
the provisions of Order 59 of the Rules of Court in force immediately prior to 1 February
1992 and, in accordance with the practice immediately prior to that date. For the
avoidance of doubt, the directions contained in this part, save for paragraph 98, do not
apply to taxations governed by the Bankruptcy (Costs) Rules (Cap. 20, Rule 2).
The attention of solicitors is drawn to Rules 24 and 31 and Appendix 1 of Order 59 of the
Rules of Court. In addition, solicitors are to abide by the following requirements:
Margin
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(1) A blank margin not less than 10 mm wide on all four sides is required for each page
of the bill of costs.
Pagination
(2) Every page of a bill of costs shall be paginated consecutively at the centre of the top
of the page.
Format
PARTY-AND-PARTY BILLS
(i) A bill of costs drawn up for taxation between one party to proceedings
and another should be divided into 3 separate sections as required by Order
59, Rule 24.
SPECIMEN BILLS
(b) Specimen bills illustrating the use of Forms 16, 17 and 18 are found in
Appendix C of these Practice Directions.
(c) A bill of costs drawn up for taxation between a solicitor and his own client
should be drawn up in the same manner described in sub-paragraph (3)(a) save as
follows:
(i) A solicitor will be deemed to have indicated that all items included in the
bill are in relation to work done or disbursements incurred with the approval
of the client.
(ii) Any agreement, whether oral or in writing, between the solicitor and his
own client relating to the amount of costs payable either as a global sum or
in respect of particular items included in the bill should be indicated on the
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bill. Any agreement between the solicitor and his own client as to the rate to
be used to compute the solicitors costs should also be indicated in the bill.
(i) The party-and-party bill should be filed first and the solicitor-and-own-
client bill should reference the first bill.
(ii) The party-and-party bill and the solicitor-and-own client bill can be drawn
up as described in sub-paragraphs (3)(a) and (3)(c) with the modification
set out in sub-paragraph (3)(d)(iii) below.
Particulars
(4) Sufficient particulars must be included in the bill of costs so as to enable the
Registrar to exercise his discretion under paragraph 1(2) of Appendix 1 to Order 59.
Without prejudice to sub-paragraph (3), the Registrar may, at the taxation hearing,
order the claiming or receiving party to furnish full details in support of the sums claimed
under the bill.
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(5) A party claiming goods and services tax (GST) in a bill of costs must comply with the
directions set out in this sub-paragraph. A party who fails to comply with the directions
set out in this sub-paragraph will be presumed not to be claiming GST in the bill
concerned.
REGISTRATION NUMBERS
(i) The GST registration number allocated by the Comptroller of Goods and
Services Tax to the solicitors for the receiving party or parties should appear
at the top left-hand corner of the first page of the bill of costs.
(ii) The GST registration numbers, if any, allocated to the receiving parties or
to any one or more of them, as the case may be, must also appear at the
same location in all documents.
(iii) The GST registration numbers should be indicated as follows: GST Reg.
No. (solicitors for plaintiff/solicitors for 1st Defendant/2nd Defendant (or as
the case may be)): xxxxx.
(b) The proportion of input tax for which the receiving parties, or one or more of
them, are not entitled to credit should be stated, as a percentage, in parentheses
after the GST registration number of the party or parties concerned. For a person
who is not liable to be registered within the meaning of the First Schedule to the
Goods and Services Tax Act (Cap. 117A), this proportion should be 100%.
APPORTIONMENT
(i) The first and second sections of the bill of costs, which set out the work
done in the cause or matter except for taxation of costs and the work done
for and in the taxation of costs, should each be divided into such number of
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parts as will enable the bill to reflect the different rates of GST applicable
during the relevant period of time.
(ii) The third section, which sets out the disbursements made in the cause or
matter, should similarly be divided, with the first part setting out the
disbursements on which no GST is chargeable by the solicitors for the
receiving party or the receiving party, as the case may be.
SUMMARY OF THE GOODS AND SERVICES TAX CLAIMED FOR WORK DONE
(d) Where applicable, the following information should be included at the end of
the first and of the second sections:
(i) the global sum of costs claimed for work done during each period for
which a different rate of GST applies or no GST applies;
(ii) the proportion, as a percentage, of input tax for which the receiving
parties, or one or more of them, are not entitled to credit;
(iii) a quantification of the input tax on the costs claimed in the section
concerned for which the receiving parties, or one or more of them, are not
entitled to credit; and
(iv) a quantification of the GST claimed on the costs claimed in the section
concerned.
(e) Where applicable, the following information should be included at the end of
the third section:
(ii) the proportion, as a percentage, of input tax for which the receiving
parties, or one or more of them, are not entitled to credit; and
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REGISTRARS CERTIFICATE
(f) The total amount of GST allowed on a bill of costs will be indicated as a
separate item in the Registrars certificate. Solicitors are responsible for ensuring
that the GST figures accurately reflect the sums allowed by the Registrar.
(1) Each bill of costs submitted to the Court through the Electronic Filing Service must:
(c) be accompanied by a bill of costs summary, the electronic form of which will be
composed online through the Electronic Filing Service. The information required by
the Electronic Filing Service to compose the bill of costs summary includes the
costs claimed under Sections 1, 2 and 3 of the bill of costs.
(2) As the Registrars certificate of costs under Order 59, Rule 32 of the Rules of Court
will be composed online based on the summary in sub-paragraph (1)(c), solicitors should
ensure that the information contained in the summary accurately reflects the information
contained in the bill of costs submitted. Solicitors should also ensure that the amounts
claimed for goods and services tax in the Registrars certificate of costs are correct.
(3) There is no necessity for lawyers to collect the taxed bill of costs from the Legal
Registry to prepare the Registrars certificate. The procedure for preparation of draft
orders in paragraph 75 of these Practice Directions shall, mutatis mutandis, apply to the
preparation of the Registrars certificate.
(4) For the avoidance of doubt, the Registrars certificate of costs shall be filed as a
Portable Document Format (PDF) document for bills of costs filed before 1 January 2013.
For all other cases, the Registrars certificate of costs shall be composed online through
the Electronic Filing Service.
96. Objections
(1) Any objections in principle or as to quantum of the items claimed in a bill of costs
must be indicated by the filing and service of a Notice of Dispute in Form 19 of Appendix
A of these Practice Directions at least 7 days before the date fixed by the Registrar for
the taxation of the bill of costs.
(2) The Notice of Dispute shall be filed through the Electronic Filing Service in Portable
Document Format (PDF) and be accompanied by a Notice of Dispute summary, the
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Part XII : Taxation Matters and Costs
electronic form of which will be composed online through the Electronic Filing Service.
The information required by the Electronic Filing Service to compose the Notice of
Dispute summary includes the amounts of costs to be awarded under Sections 1, 2 and
3 of the bill of costs according to the respondent.
(1) If a document is filed using the Electronic Filing Service, $0.40 for each page of the
document thus filed shall be allowed as costs between parties to proceedings. Such costs
may be claimed by a receiving party from the paying party where the receiving party is
entitled to costs for the filing of the document. These costs shall be allowed in addition to
all other disbursements and Court fees.
(2) This paragraph shall apply to the taxation of costs as well as cases where the Court
fixes a gross sum in lieu of taxation.
(3) This paragraph shall not apply to any document filed through the service bureau.
98. Taxations involving the Official Assignee, the Official Receiver, the Public
Trustee or the Director of Legal Aid
(1) The directions contained in this paragraph shall be followed in respect of all taxations
in which the Official Assignee, the Official Receiver, the Public Trustee or the Director of
Legal Aid is involved.
(2) Subject to sub-paragraph (4) below, for all taxations in which the Official Assignee,
the Official Receiver, the Public Trustee or the Director of Legal Aid is involved:
(a) the receiving party must, prior to the filing of the bill of costs in Court through
the Electronic Filing Service, send the bill of costs to be filed to the Official
Assignee, the Official Receiver, the Public Trustee or the Director of Legal Aid, as
the case may be;
(b) the Official Assignee, the Official Receiver, the Public Trustee or the Director of
Legal Aid should then inform the receiving party whether he or she agrees or
disagrees with the amounts claimed in the bill of costs; and
(c) when filing the bill of costs in Court through the Electronic Filing Service, the
receiving party must state whether the Official Assignee, the Official Receiver, the
Public Trustee or the Director of Legal Aid disagrees with the amounts claimed in
the bill of costs. The bill of costs should also be served on the Official Assignee,
the Official Receiver, the Public Trustee or the Director of Legal Aid, as may be
applicable, on the same day that the bill of costs is filed.
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(3) If the Official Assignee, the Official Receiver, the Public Trustee or the Director of
Legal Aid, as may be applicable, agrees with the amounts claimed in the bill of costs,
then:
the receiving party and the Public Trustee need not attend at the taxation and the
bill will be taxed in their absence. However, if the taxing Registrar disagrees with
the quantum of costs agreed on, he may nonetheless direct the attendance of the
Public Trustee at a later date;
(b) for:
(i) party-and-party bills filed by the creditor under the Bankruptcy (Costs)
Rules (Cap. 20, Rule 20) to which the estate of the bankrupt is the
respondent;
(iii) solicitor-and-client bills filed pursuant to the Legal Aid and Advice Act
(Cap. 160) where the Director of Legal Aid is the respondent,
the receiving party and the Official Assignee, the Official Receiver or the Director of
Legal Aid, as the case may be, need not attend at the taxation and the bill will be
taxed in their absence. However, if the taxing Registrar disagrees with the
quantum of costs agreed on, he may nonetheless direct the attendance of the
Official Assignee, the Official Receiver or the Director of Legal Aid, as the case may
be, at a later date.
(4) If solicitor-and-client costs are required to be taxed pursuant to the provisions of the
Motor Vehicles (Third-Party Risks and Compensation) Act and the bill of costs claiming
the same is referenced to an earlier party-and-party bill filed pursuant to paragraph
94(3)(d), the Public Trustee need not attend the taxation of the bill and the party-and-
party and solicitor-and-client costs will be taxed in the absence of the Public Trustee.
However, the Public Trustee may attend at the taxation if he so wishes, and shall attend
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(1) The Court may, where appropriate, fix costs at the end of a hearing or trial in lieu of
ordering taxation. Counsel should therefore be prepared to make submissions on the
entitlement to and quantum of costs at the end of a hearing or trial, whether before or
after judgment is delivered.
(2) Counsel should note that the Court may fix costs where costs have been ordered to
be in the cause, or on hearing applications for dismissal or striking out pursuant to an
unless order, and be prepared to make submissions accordingly.
(a) trials in open court for all writ actions and originating summonses ordered to be
continued as if the cause or matter had been begun by writ;
(2) Each party to the proceedings described in sub-paragraph (1) shall be required to file
a costs schedule using Form 18A in Appendix A of these Practice Directions. The costs
schedule should set out with sufficient particularity the quantum of party-and-party costs
and disbursements that the party intends to claim in the event that the party succeeds.
A specimen form illustrating the use of Form 18A can be found in Appendix F of these
Practice Directions.
(3) The relevant costs schedule will be taken into account for the purposes of assessing
the quantum of costs to be awarded for the proceedings.
(4) The costs schedule for the proceedings described in sub-paragraphs (1)(a) and (b)
shall be filed together with the parties written closing submissions or, where there are
no written closing submissions, before the parties oral closing submissions are
presented.
(5) The costs schedule for the proceedings described in sub-paragraph 1(c) shall be filed
together with the parties skeletal arguments.
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(2) The Costs Guidelines are to serve only as a general guide for party-and-party costs
awards in the Supreme Court. The precise amount of costs awarded remains at the
discretion of the Court making the award and the Court may depart from the amounts
set out in the Costs Guidelines depending on the circumstances of each case.
(3) For the avoidance of doubt, nothing in the Costs Guidelines is intended to guide or
influence the charging of solicitor-and-client costs.
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Part XIII : Electronic Filing and Service
PART XIII: ELECTRONIC FILING AND SERVICE
100. Application
104. Documents which must be filed, served, delivered or otherwise conveyed using the
Electronic Filing Service
109. Filing of documents to the Supreme Court through a State Courts service bureau
110. Limits on the size and number of documents submitted using the Electronic Filing
Service
115. Responsibility for accuracy and completeness of information submitted using the
Electronic Filing Service
100. Application
(1) The directions in this Part apply to the filing, service, delivery and conveyance of
documents in civil proceedings under Order 63A of the Rules of Court.
(2) Where the words and phrases set out in Order 63A, Rule 1 are used in this Part, they
shall have the same meaning as defined in Order 63A, Rule 1, unless otherwise
specified.
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In exercise of the powers conferred by Order 63A, Rules 2 and 3 of the Rules of Court,
the Registrar, with the approval of the Chief Justice, hereby establishes an Electronic
Filing Service known as the Integrated Electronic Litigation System or eLitigation and
accessible at <www.elitigation.sg> and appoints CrimsonLogic Pte Ltd as the Electronic
Filing Service provider for this service, with the Electronic Litigation Systems Committee
of the Singapore Academy of Law as its superintendent pursuant to Rule 13A(2) of the
Singapore Academy of Law Rules (Cap. 294A, Rule 1).
Pursuant to Order 63A, Rule 4 of the Rules of Court, the Registrar appoints CrimsonLogic
Pte Ltd as an agent to establish a service bureau in the Supreme Court of Singapore;
with the Electronic Litigation Systems Committee of the Singapore Academy of Law as its
superintendent pursuant to Rule 13A(2) of the Singapore Academy of Law Rules (Cap.
294A, Rule 1).
(1) Under Order 63A of the Rules of Court, any entity may apply to be a registered user.
For the purpose of Order 63A, the identification code of an authorised user shall be his or
her SingPass ID.
(2) The following procedures shall apply to applications to become a registered user and
for designating authorised users:
(a) The application to become a registered user must be made to the Registrar
using Form 20 of Appendix A of these Practice Directions. In Form 20, the
registered user must nominate at least one authorised user. Form 20 must be
accompanied by the following:
(i) a recent business profile report from the Accounting and Corporate
Regulatory Authority (ACRA) of the registered user;
(iii) two sets of GIRO application forms for the electronic payment of filing
and hearing fees, and electronic filing and other charges.
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(1) Pursuant to Order 63A, Rules 1 and 8 of the Rules of Court, the Registrar hereby
specifies that all documents to be filed with, served on, delivered or otherwise conveyed
to the Registrar in all proceedings other than criminal proceedings (which are governed
by Part XIV of these Practice Directions and the Criminal Procedure Code (Electronic
Filing and Service) Regulations), subject to the exceptions which appear later in this
paragraph, must be so filed, served, delivered or otherwise conveyed using the
Electronic Filing Service.
(2) It shall not be necessary to use the Electronic Filing Service in respect of the
following proceedings:
(a) any proceedings commenced by a writ of summons before March 2000, subject
to the provisions in sub-paragraphs (c), (d), (e) and (f);
(e) any notices of appeal under Order 55D, including proceedings resulting or
arising from such appeals, filed before 18 December 2001;
(f) any notices of appeal under Order 57, including proceedings resulting or arising
from such appeals, filed before 18 December 2001;
(g) any proceedings commenced by a petition for the admission of advocates and
solicitors filed before 18 December 2001;
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(l) any proceedings commenced by a petition of course filed before 28 May 2002;
(m) any proceedings or applications under the Bankruptcy Act (Cap. 20) or
Bankruptcy Rules (Cap. 20, Rule 1) filed before 28 May 2002;
(n) any proceedings for a grant under Order 71, Rule 5 of the Rules of Court filed
before 28 May 2002;
(3) Documents which are filed pursuant to Order 34, Rule 3A(1) may, instead of being
filed through the Electronic Filing Service, be filed in accordance with the procedure
outlined in paragraph 71(3) to (7).
(4) In respect of appeals under Order 55D, it shall not be necessary to file, serve, deliver
or convey any document at the High Court using Electronic Filing Service if its filing,
service, delivery or conveyance is not required under Order 55D.
Where documents are served using the Electronic Filing Service, a Certificate of Service
will automatically be generated and stored in the electronic case file.
(1) It is also not necessary for documents that are electronically filed in Court to have a
cover page or backing sheet.
(2) Parties are reminded that they must, at all times, ensure that the information stored
in the front end system is up-to-date and free from errors as the same information will
be reproduced in electronic forms that are generated by the Electronic Filing Service.
Documents generated by the Electronic Filing Service containing outdated or wrong
information will be rejected by the Legal Registry of the Supreme Court and the fee
payable shall be that stipulated in Appendix B of the Rules of Court.
(3) In the event that the Electronic Filing Service fails to automatically generate the
document information page, parties may undertake the procedure outlined in paragraph
112(2).
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Part XIII : Electronic Filing and Service
Every single page of a document must be paginated so that the pagination on the actual
document corresponds with the pagination of the Portable Document Format (PDF)
document in the electronic case file. Solicitors attention is drawn to paragraphs 57(5)
and 59(3) in this regard. This is to facilitate hearings involving reference to both printed
and soft copies of the same document.
(1) Solicitors and law firms are encouraged file documents through the Electronic Filing
Service. However, in the event that certain documents cannot be filed through the
Electronic Filing Service, solicitors and law firms may file documents through the service
bureau. Litigants in person may also file documents through the service bureau.
(2) The operating hours of the service bureau may be found on the eLitigation's website
at https://www.elitigation.sg.
109. Filing of documents to the Supreme Court through a State Courts service
bureau
Pursuant to Order 63A, Rule 18(4) of the Rules of Court, the Registrar hereby prescribes
that any service bureau established or authorised to be established by the Registrar of
the State Courts may assist in the filing, service, delivery or conveyance of documents
pertaining to Supreme Court proceedings using the Electronic Filing Service if the service
bureau, or, if there are more than one, all the service bureaux, established or authorised
to be established by the Registrar are unable to provide such services owing to failure of
hardware or software, or both.
110. Limits on the size and number of documents submitted using the
Electronic Filing Service
(1) The following limits currently apply to the filing of documents using the Electronic
Filing Service:
(a) the total number of documents in a single submission cannot exceed 99.
(b) The total number of pages in a single document cannot exceed 9,999.
(2) The limits described above will apply to filing both online through the Electronic Filing
Service and the service bureau.
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(3) The resolution for scanning, unless otherwise directed by the court, shall be no more
than 300 DPI.
(4) In the event that any solicitor wishes to file documents which exceed the limits
specified in sub-paragraph (1), he should inform the Registrar at least 14 days before
the intended filing date. The solicitor will then be asked to attend before the Registrar for
directions on how the documents should be filed.
(1) If a document cannot be converted in whole or in part into an electronic format for
any reason, the hard copy of the document must be filed at the Legal Registry of the
Supreme Court.
(2) If the Court receives a document which the filing party says cannot be converted in
whole or in part into an electronic format, and it can discern no good reason why the
document cannot be wholly converted into an electronic format, the document may be
rejected.
(1) Care must be taken to enter correct, complete and accurate information into the
electronic form. If the information entered into the electronic form and the actual
document differ, the document is likely to be rejected by the Court. If a document is
rejected by the Court for any reason, a penalty may nonetheless be payable in respect of
the document, as specified in Appendix B of the Rules of Court. In this regard, solicitors
attention is also drawn to Order 63A, Rule 17 of the Rules of Court.
(2) In the event however that any document is rejected through no fault of the filing
party, a solicitor may:
(a) re-file the document with a request that the date and time of filing or issuance,
as the case may be, be back-dated to an earlier date and time, pursuant to Order
63A, Rule 10; and
(b) request for a refund by submitting the requisite electronic form through the
Electronic Filing Service.
Subject to the directions of the Court, solicitors may appear before the Judge or
Registrar with paper documents for an urgent hearing. The solicitors so appearing must
give an undertaking to file all the documents used at the hearing using the Electronic
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Part XIII : Electronic Filing and Service
Filing Service by the next working day after the hearing. Any document not filed using
the Electronic Filing Service will not be included in the Courts case file.
(1) The Registrar may, at his discretion, request for hard copies of any documents filed
electronically.
(2) Upon such request, the filing party or his solicitors shall furnish hard copies of the
relevant documents at the venue specified by the Registrar:
(3) The Registrar may also direct that any documents shall be filed in hard copy instead
of using the Electronic Filing Service for such period or periods as he in his discretion
thinks fit.
(1) The solicitor having the conduct of any cause or matter may delegate the task of
filing originating processes and documents in Court to an assistant or a suitably
experienced law clerk or secretary, provided always that the solicitor shall personally
satisfy himself as to the accuracy and completeness of the information submitted to the
Court, and shall personally bear responsibility for any errors or deficiencies.
(a) that the title of the action generated using the Electronic Filing Service is
accurate and correct;
(b) where an action is commenced by way of writ of summons, that at least one
nature of claim is selected that adequately represents the subject matter of the
action; and
(c) where an action is commenced by way of originating summons, that either the
relevant legislation under which the action is brought is provided or at least one
nature of claim is selected that adequately represents the subject matter of the
action.
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Part XIV : Electronic Filing And Service For Criminal
Proceedings
PART XIV: ELECTRONIC FILING AND SERVICE FOR CRIMINAL PROCEEDINGS
116. Application
116. Application
(1) The directions contained in this Part shall apply to the filing, service, delivery and
conveyance of documents in criminal proceedings commenced in the High Court and the
Court of Appeal on or after 10 January 2005.
(2) The attention of solicitors is drawn to the Criminal Procedure Code (Electronic Filing
and Service) Regulations 2012, which shall have effect in relation to any document that
is required to be filed with, served on, delivered or otherwise conveyed to the Supreme
Court or any party to any criminal matter that is to be heard in the Supreme Court under
the Criminal Procedure Code (Cap 68).
(3) In addition, the following paragraphs of these Practice Directions shall apply, mutatis
mutandis, to specified documents filed under this Part:
(a) 12(8);
(b) 27;
(c) 31(6);
(g) 106;
(h) 107;
(j) 109;
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Part XIV : Electronic Filing And Service For Criminal Proceedings
(k) 110;
(l) 111;
and
(n) 112.
(1) The provisions of this paragraph are without prejudice to the provisions of the
Criminal Procedure Code (Electronic Filing and Service) Regulations 2012.
(2) Counsel in magistrates appeals, criminal revisions, criminal motions, show cause
proceedings and special case hearings before the High Court should ensure that 2 hard
copies each of any skeletal arguments and/or bundles of authorities are tendered to the
Legal Registry of the Supreme Court.
(3) Counsel in criminal appeals, criminal motions and criminal references before the
Court of Appeal should ensure that 4 hard copies of any skeletal arguments are tendered
to the Legal Registry.
(4) For the avoidance of doubt, it shall not be necessary for bundles of authorities to be
filed electronically.
(1) Skeletal arguments that are to be electronically filed must be filed and served in
accordance with the following timelines:
(a) in a case where the matter is before the High Court, at least 10 days before
the hearing; and
(b) in a case where the matter is before the Court of Appeal, at least 10 days
before the week of the Court of Appeal sitting (e.g., the skeletal arguments for
matters listed for hearing in the Court of Appeal sitting commencing on 10 April
2017 must be filed no later than 31 March 2017).
(2) Hard copies of bundles of authorities shall be tendered to the Legal Registry of the
Supreme Court at the same time as hard copies of skeletal arguments.
(3) Where an accused person intends to plead guilty to the charge(s) proceeded with at
a preliminary inquiry or committal hearing, the prosecution shall tender hard copies of
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the following to the Legal Registry of the Supreme Court at least 2 working days before
the hearing:
(b) the draft charge(s) the prosecution will be proceeding with, where applicable;
and
(c) any other supporting documents, including any documents referred to in the
statement of the facts of the case.
(4) In all other cases fixed for a preliminary inquiry or committal hearing, the
prosecution shall tender hard copies of the following to the Legal Registry of the
Supreme Court at least 5 clear days before the hearing:
(b) the draft charge(s) the prosecution will be proceeding with, where applicable;
and
(c) any other supporting documents, including any exhibits referred to in the
conditioned statements of all witnesses.
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Part XV : Technology Facilities
PART XV: TECHNOLOGY FACILITIES
120. Use of the Technology Courts and the Mobile Infocomm Technology Facilities
123. Fees
120. Use of the Technology Courts and the Mobile Infocomm Technology
Facilities
(1) The Technology Courts and the Mobile Infocomm Technology Facilities ("MIT
facilities") may, at the discretion of the Registrar and subject to the payment of the
appropriate fees, be used:
(a) for the hearing of any matter, whether before a Judge or Registrar, in open
Court or in Chambers; or
(2) The Registrar may refuse any request for the use of any of the services described in
this Part at any time owing to the unavailability of staff or equipment or for any other
reason. The Registrar need not give any reasons for the refusal of such a request.
(1) A request to use a Technology Court for the hearing of any matter before a Judge or
Registrar must be made by filing a Request through the Electronic Filing Service at least
14 working days before the hearing at which the Technology Court is to be used and
Form 21 of Appendix A of these Practice Directions in Portable Document Format (PDF)
must be annexed to the Request electronic form.
(2) An application to use a Technology Court for any other dispute resolution process
must be made by submitting Form 21 of Appendix A of these Practice Directions to the
Registrar through the relevant person-in-charge at the organisation at which the dispute
resolution process is carried out at least 14 working days before the dispute resolution
proceedings at which it is to be used.
(3) [deleted]
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(4) The attention of solicitors is drawn to section 62A of the Evidence Act (Cap. 97),
which provides:
62A. (1) Notwithstanding any other provision of this Act, a person may, with
leave of the Court, give evidence through a live video or live television link in any
proceedings, other than proceedings in a criminal matter, if
(a) the reasons for the witness being unable to give evidence in
Singapore;
(3) The Court may, in granting leave under subsection (1), make an order on
all or any of the following matters:
(a) the persons who may be present at the place where the witness is
giving evidence;
(b) that a person be excluded from the place while the witness is
giving evidence;
(d) the persons in the Courtroom who must not be able to be heard, or
seen and heard, by the witness and by the persons with the witness;
(e) the persons in the Courtroom who must be able to see and hear
the witness and the persons with the witness;
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Part XV : Technology Facilities
(f) the stages in the proceedings during which a specified part of the
order is to have effect;
(g) the method of operation of the live video or live television link
system including compliance with such minimum technical standards
as may be determined by the Chief Justice; and
(h) any other order the Court considers necessary in the interests of
justice.
(4) The Court may revoke, suspend or vary an order made under this section
if
(a) the live video or live television link system stops working and it
would cause unreasonable delay to wait until a working system
becomes available;
(c) it is necessary for the Court to do so, so that the witness can
identify a person or a thing or so that the witness can participate in or
view a demonstration or an experiment;
(e) there has been a material change in the circumstances after the
Court has made an order.
(5) The Court shall not make an order under this section, or include a
particular provision in such an order, if to do so would be inconsistent with
the Courts duty to ensure that the proceedings are conducted fairly to the
parties to the proceedings.
(6) An order made under this section shall not cease to have effect merely
because the person in respect of whom it was made attains the age of 16
years before the proceedings in which it was made are finally determined.
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(8) Where a witness gives evidence in accordance with this section, he shall,
for the purposes of this Act, be deemed to be giving evidence in the
presence of the Court.
(9) The Rules Committee constituted under the Supreme Court of Judicature
Act (Cap. 322) may make such rules as appear to it to be necessary or
expedient for the purpose of giving effect to this section and for prescribing
anything which may be prescribed under this section.
(b) applicants will be informed of the ISDN number for videoconferencing during
the testing session; and
(c) as a matter of general practice, the remote site will dial in to the Technology
Court and it is the responsibility of the party requesting the videoconferencing to
coordinate the booking and calling in from the remote site.
(6) Any person who desires to use audio-visual and computers equipment additional to
those provided in the Technology Courts will be asked to provide details of such
equipment when applying to use the Courtroom. The applicant must also be prepared to
have the equipment available for testing with the audio-visual system of the Technology
Courts at least 3 working days before the first day fixed for the hearing. It is the
responsibility of the applicant to provide equipment that is compatible with the audio-
visual system of the Technology Courts.
(1) A request to use the MIT facilities for the hearing of any matter in open Court or in
Chambers before a Judge or Registrar must be made by filing a Request through the
Electronic Filing Service at least 14 working days before the hearing at which the MIT
facilities are to be used and Form 21 of Appendix A of these Practice Directions in
Portable Document Format (PDF) must be annexed to the Request electronic form.
(2) An application to use the MIT facilities for any other dispute resolution process must
be made by submitting Form 21 to the Registrar through the relevant person-in-charge
at the organisation at which the dispute resolution process is carried out as soon as
practicable, as availability of the resources are on a first-come-first served basis.
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Part XV : Technology Facilities
(3) The mobile audio-visual equipment is available for use in both open Court and in
Chambers while the mobile videoconferencing equipment is only for use in Chambers.
(4) Any applicant desiring to use the mobile audio-visual equipment is required to
provide details of the type of evidence presenting and media format in the application
form. The applicant must also be prepared to have the presentation material or media
available for testing with the audio-visual system at least 5 working days before the first
day fixed for the hearing. It is the responsibility of the applicant to provide presentation
materials or media format that is compatible with the equipment provided by the Court.
(5) Upon a successful application of the use of the mobile videoconferencing equipment,
(b) applicants will be informed of the ISDN number for videoconferencing during
the testing arrangement; and
(c) as a matter of general practice, the remote site will dial into the Courtroom or
chamber and it is the responsibility of the party requesting the videoconferencing
to coordinate the booking and calling in from the remote site.
123. Fees
(1) The fees for the use of the Technology Courts and the MIT facilities are set out in
Appendix D of these Practice Directions.
(2) The Registrar may refund any fee or part thereof paid in respect of any day on which
the Technology Court and/or the MIT facilities was not used provided that:
(a) such request for refund must be made within 3 months after the last scheduled
day of use of the said Technology Court and/or the MIT facilities stated in Form 21;
and
(b) the fees payable for the first scheduled day of use of the said Technology Court
and/or the MIT facilities stated in Form 21 shall not be refunded if notice of
cancellation for any scheduled day of use or part thereof is given less than 14 days
before the first scheduled day of use.
138
Part XVI : Admiralty Matters
PART XVI: ADMIRALTY MATTERS
(1) The Sheriff will apply to a Judge for an omnibus order in every case where a ship or
vessel is arrested, giving the Sheriff discretion to take various measures for the safe and
satisfactory custody of the arrested property. The usual terms of the order are that:
(a) the Sheriff may be at liberty at his discretion at any time to take measures to
preserve the ship/vessel, her machinery and equipment;
(b) the Sheriff may be at liberty at his discretion at any time to move the ship or
vessel within the limits of the port where she is lying under arrest, either for her
own safety or to comply with the requirements of the port authority; and
(c) the costs and expenses incurred in the implementation of the order be deemed
to be part of the Sheriffs expenses and in the event of a sale be paid first out of
the proceeds of sale.
(3) Upon the arrest of vessel, funds are required immediately to meet the Sheriffs
expenses, such as guard charges, port and garbage dues, and the supply of minimum
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Part XVI : Admiralty Matters
victuals, domestic fuel and water to crew members where necessary. Funds to meet
such expenses are not provided for by the Government.
(4) To enable the Sheriff to discharge his duties effectively, upon the arrest of a vessel,
the Sheriff may require the solicitors representing arresting parties to deposit with the
Sheriff a sum of between $5,000 to $10,000. Such deposit is in addition to the usual
undertaking..
In order to ensure that there is no undue delay in the issuance and execution of
warrants of arrest and release as well as commissions for appraisement and sale,
members of the Bar are requested to prepare the undertaking in accordance with Form
24 of Appendix A of these Practice Directions.
(1) If the arresting party requires the Sheriff to attend at the port in which a vessel is
lying under arrest for the purpose of releasing the vessel from arrest, whether during or
after office hours, he or she must do so by filing the requisite Request for attendance
electronic form to the Sheriff through the Electronic Filing Service. A Request for
attendance made in any other manner will not be acceded to.
(2) The fees prescribed by Appendix B to the Rules of Court will be payable in respect of
any attendance by the Sheriff.
The attention of solicitors is drawn to paragraph 9 which sets out the opening hours of
the Legal Registry of Supreme Court. Solicitors shall ensure that the necessary
documents are filed within the opening hours of the Legal Registry to enable execution
to be effected. The directions in paragraph 11 apply when an urgent application has to
be made after the Legal Registrys opening hours.
Order 70, Rule 26 of the Rules of Court provides that the party by whom an admiralty
action is set down for trial must file any preliminary act and a Request for an assessors
attendance (where applicable) not less than 7 days before the trial. In addition to this
rule, the party must tender 3 hard copies of the preliminary act(s) to the Legal Registry
of the Supreme Court.
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Order 70, Rule 4(2)(b) of the Rules of Court provides that the party applying for a
warrant of arrest to be issued must procure a search to be made in the record of caveats
to ascertain whether there is a caveat against arrest in force. Order 70, Rule 12(2)
provides that a release shall not be issued if a caveat against release is in force. A party
applying for either arrest or release of a particular property shall provide documentation
evidencing a search for caveats against arrest or release, as the case may be, reflecting
a search done no more than 15 minutes before the hearing of the application.
(1) Pursuant to Order 70, Rule 7(3) and Rule 9(2) of the Rules of Court, service of a writ
or execution of a warrant of arrest may be effected by a solicitor or a solicitors clerk
whose name and particulars have been notified to the Registrar.
(2) Solicitors' attention is drawn to paragraph 32(2) of these Practice Directions which
requires solicitors to notify the Legal Registry of the Supreme Court of the particulars of
authorised process servers, who have been authorised by them to serve processes and
execute warrants of arrest by submitting a request to authorise user through the
Electronic Filing Service. Where such authorised process servers are no longer so
authorised, solicitors are to revoke or delete the authorisation immediately by submitting
a request through the Electronic Filing Service. Solicitors clerks do not require the
authorisation of the Registrar to effect personal service of processes and documents.
(3) Paragraphs 32(3) to 32(6) of these Practice Directions shall, mutatis mutandis, apply
to the assignment of the Sheriff to effect service of a writ or execute a warrant of arrest.
(1) Any party applying for the appraisement and sale of any property in an admiralty
action shall include a prayer to the Court to appoint one or more appraisers to value the
property. The applicant shall submit with the application a list of appraisers maintained
by the Sheriff.
(2) The Court appointed appraiser(s) must be named in Form 170 of Appendix B to the
Rules of Court.
(3) The list of appraisers referred to in sub-paragraph (1) may be found on the Supreme
Court website at http://www.supremecourt.gov.sg or will be provided by the Legal
Registry of the Supreme Court upon request.
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Part XVII : Adoption And Probate Matters
PART XVII: ADOPTION AND PROBATE MATTERS
131. [deleted]
132. [deleted]
133. [deleted]
142
Part XVIII : Matters Under The Legal Profession Act
PART XVIII: MATTERS UNDER THE LEGAL PROFESSION ACT
134. Applications for admission as an advocate and solicitor of the Supreme Court
135. Part-call applications pursuant to section 32(3) of the Legal Profession Act
137. deleted
(1) The attention of applicants for admission as an advocate and solicitor of the Supreme
Court is drawn to the filing and service deadlines as set out in Rules 25, 26 and 27 of the
Legal Profession (Admission) Rules 2011.
(2) In view of the requirements under Rules 25, 26 and 27 of the Legal Profession
(Admission) Rules 2011, an applicant is to ensure the requisite document(s) for
admission are served on the Attorney-General, the Law Society of Singapore and the
Singapore Institute of Legal Education in compliance with the timelines stipulated in the
respective Rules (applicable timelines).
(3) All applications for admission shall be filed through the Electronic Filing Service.
Supervising solicitors may allow their practice trainees to file the relevant papers for
admission as an advocate and solicitor through the Electronic Filing Service using the law
practices front-end system. Alternatively, applicants may file their requisite documents
for admission through the Service Bureau.
(4) The applicant shall file a Request for hearing together with the applicant's affidavit
for admission as advocate and solicitor. In the Request for hearing, the applicant shall
request the issuance of the following documents:
(a) the instrument of admission under section 16(3) of the Legal Profession Act;
and
(b) the declaration required under Rule 30 of the Legal Profession (Admission)
Rules 2011.
The declaration will be generated for the applicants signature at the hearing if the
applicants application for admission as an advocate and solicitor is granted. $120 is
payable when filing the Request for hearing which includes $100 for the issuance of the
instrument of admission (under the Legal Profession (Prescribed Fees) Rules).
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Part XVIII : Matters Under The Legal Profession Act
(5) Upon the filing of the Request for hearing and all requisite documents for admission
in accordance with the applicable timelines, the admission application will be fixed for
hearing by the Legal Registry (Original Call Date).
(6) An applicant who is not able to comply with the applicable timelines may apply for an
abridgment of time (abridgement application). An abridgment application shall be
made by way of a summons, supported by an affidavit and filed through the Electronic
Filing Service at least 14 days before the applicants intended admission hearing date
(Intended Call Date). The abridgement application is to be served on the Attorney-
General, the Law Society of Singapore and the Singapore Institute of Legal Education,
any of whom may object to the abridgement application.
(a) Where the abridgment application has been filed at least 14 days before the
Intended Call Date, it will be fixed for hearing on the Monday before the Intended
Call Date. If the abridgment application is granted, the admission application will
be re-fixed for hearing on the Intended Call Date.
(b) Where the abridgment application is filed less than 14 days before the
Intended Call Date, the abridgment application will be fixed on the Monday before
the Original Call Date. If the applicant wishes to bring forward the hearing date to
the Monday before the Intended Call Date, the applicant has to obtain the written
consent of Attorney-General, the Law Society of Singapore and the Singapore
Institute of Legal Education and file a Request to bring forward the hearing date of
the abridgment application enclosing the relevant written consent.
Section 32(3) of the Legal Profession Act allows part-call applications to be brought in
respect of practice trainees who have completed not less than 3 months of their practice
training period. A part-call application must be brought by way of a summons,
supported by an affidavit, to be served on the Attorney-General, the Law Society and the
Singapore Institute of Legal Education. The attendance of representatives of the
Attorney-General, the Law Society and the Singapore Institute of Legal Education at the
hearing of a part-call application is not required, unless there are any objections to the
application or if the Court directs otherwise.
(1) Subject to section 26 of the Legal Profession Act, section 25 of the same requires all
practising solicitors to have in force a valid Practising Certificate issued by the Registrar,
before he does any act in the capacity of an advocate and solicitor. Unless directed
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otherwise, with effect from 2 January 2014, all applications for practising certificates
shall be made only through the Practising Certificate Module (PC Module) of the
Integrated Electronic Litigation System (eLitigation) according to the procedures set out
on the Electronic Filing Service website (www.elitigation.sg).
(2) Solicitors who do not have access to eLitigation may file an application through the
Service Bureau established pursuant to Order 63A, Rule 4 of the Rules of Court. Payment
for applications made through the Service Bureau must be made by way of NETS,
cashiers orders, cash or a law firm-issued cheque.
(3) Payment for applications made directly through the PC Module of eLitigation must be
by way of GIRO electronic payment. It is the applicants responsibility to ensure that the
designated bank account has sufficient funds for GIRO electronic payment of all
applicable subscriptions, levies, contributions, fees and charges (which may include
outstanding amounts due to the Law Society and/or the Singapore Academy of Law) at
the time of the application. The issuance of any practising certificate is subject to the
clearance of funds. Upon notification that a payment transaction is unsuccessful, the
applicant shall make arrangements to effect full payment within five (5) working days. At
any time before full payment is made, the applicant shall, immediately upon demand,
surrender to the Registrar all paper copies of any practising certificate issued to him for
the practice year for which payment has not been settled and certify to the Registrar
that he has destroyed all electronic copies thereof.
(4) Section 27(3) of the Legal Profession Act requires solicitors to notify the Registrar
and the Council of any changes in particulars submitted in the course of applying for a
practising certificate or with respect to the status of his practising certificate. This
notification shall be made only through the PC Module of eLitigation.
(5) The Registrar may exercise his discretion to issue another practising certificate to a
solicitor after receiving notification of any change of particulars. If the Registrar
subsequently issues another practising certificate, section 26(9)(c) of the Legal
Profession Act provides that the earlier practising certificate will cease to be in force.
145
Part XIX : Matrimonial Proceedings And Matters Relating
To The Guardianship Of Infants
PART XIX: MATRIMONIAL PROCEEDINGS AND MATTERS RELATING TO THE
GUARDIANSHIP OF INFANTS
(1) The Honourable the Chief Justice has made the following orders under section 28A of
the Supreme Court of Judicature Act (Cap. 322):
(2) To improve efficiency in the administration of justice and to provide for speedier
disposal of proceedings commenced in the High Court, pursuant to the 1996 Transfer
Order:
(a) all proceedings under section 59 and Part X of the Womens Charter (Cap. 353)
and the Guardianship of Infants Act (Cap. 122) (referred to in this Part as family
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(b) all family proceedings commenced before 1 April 1996 as well as any
proceedings ancillary thereto shall continue to be heard and determined by the
High Court.
(3) The transfer of family proceedings to the District Court can result in the District Court
hearing family proceedings in which the value of the matrimonial assets concerned far
exceeds the normal civil jurisdictional limit of the District Court. Further, to encourage
the growth of family law jurisprudence, the 2003 Transfer Order and the 2005 Transfer
Order provide that proceedings under Part X of the Womens Charter, in which there is a
contested application for the division of matrimonial assets asserted by any party to the
proceedings to be worth a gross value of $1.5 million or more, shall be transferred from
the District Court to the High Court to be heard and determined. This transfer back to
the High Court based on the gross value of assets applied to proceedings under Part X of
the Womens Charter commenced on or after 15 December 2003.
(4) There can however be cases where the actual net value of the assets available for
matrimonial distribution is in fact much lower than $1.5 million, because of existing
liabilities such as an outstanding mortgage loan on the matrimonial property. In order to
ensure that the High Courts resources are utilised to deal only with those cases where
the actual value of the matrimonial assets available for distribution is sufficiently high,
the 2007 Transfer Order provides that the net value instead of the gross value shall be
used to determine whether the proceedings should be transferred from the District Court
to the High Court.
(5) The new jurisdictional threshold based on net value takes effect from 1 January 2008
and applies to proceedings under Part X of the Womens Charter commenced on or after
15 December 2003. However, proceedings under Part X of the Womens Charter which
have already been transferred to the High Court based on the gross value threshold,
pursuant to the 2003 Transfer Order or the 2005 Transfer Order, will not be affected and
will remain in the High Court.
(6) Practitioners should pay particular attention to the requirement of leave to appeal in
the relevant provisions of the 2007 Transfer Order.
(7) Practitioners are responsible for identifying the correct Transfer Order applicable to
their case.
(8) Pursuant to the Family Justice Act 2014 (Act No. 27 of 2014), with effect from 1
October 2014, family proceedings shall be heard and determined by the Family Justice
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Part XIX : Matrimonial Proceedings And Matters Relating To The Guardianship Of Infants
(1) In relation to proceedings which may be heard and determined by the High Court
pursuant to section 17A(2) of the Supreme Court of Judicature Act (referred to in this
Part as section 17A(2) proceedings), the Honourable the Chief Justice has made the
following orders under section 28A of the Supreme Court of Judicature Act:
(2) To improve efficiency in the administration of justice and to provide for more speedy
disposal of proceedings commenced in the High Court, pursuant to the 1999 Transfer
Order, all section 17A(2) proceedings shall be transferred to and be heard and
determined by a District Court.
(3) The transfer of section 17A(2) proceedings to the District Court can result in the
District Court hearing section 17A(2) proceedings in which the value of the matrimonial
assets concerned far exceeds the normal civil jurisdictional limit of the District Court.
Further, to encourage the growth of family law jurisprudence, the 2004 Transfer Order
provides that section 17A(2) proceedings, in which there is a contested application for
the division of matrimonial assets asserted by any party to the proceedings to be worth
a gross value of $1.5 million or more, shall be transferred from the District Court to the
High Court to be heard and determined. This transfer back to the High Court based on
the gross value of assets applied to section 17A(2) proceedings commenced on or after 1
November 2004.
(4) There can however be cases where the actual net value of the assets available for
matrimonial distribution is in fact much lower than $1.5 million, because of existing
liabilities such as an outstanding mortgage loan on the matrimonial property. In order to
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ensure that the High Courts resources are utilised to deal only with those cases where
the actual value of the matrimonial assets available for distribution is sufficiently high,
the 2007 Transfer Order for section 17A(2) proceedings provides that the net value
instead of the gross value shall be used to determine whether the proceedings should be
transferred from the District Court to the High Court.
(5) The new jurisdictional threshold based on net value takes effect from 1 January 2008
and applies to section 17A(2) proceedings commenced on or after 1 November 2004.
However, section 17A(2) proceedings which have already been transferred to the High
Court based on the gross value threshold, pursuant to the 2004 Transfer Order, will not
be affected and will remain in the High Court.
(6) Practitioners should pay particular attention to the requirement of leave to appeal in
the relevant provisions of the 2007 Transfer Order for section 17A(2) proceedings.
(7) Practitioners are responsible for identifying the correct Transfer Order applicable to
their case.
(8) Pursuant to the Family Justice Act 2014, with effect from 1 October 2014, section
17A(2) proceedings shall be heard and determined by the Family Justice Courts.
Notwithstanding this, any section 17A(2) proceedings commenced in or transferred to
the High Court before 1 October 2014 shall, on and after that date, be continued in and
dealt with by the High Court.
(1) All documents relating to family proceedings and section 17A(2) proceedings which
are to be heard and determined by the High Court shall be filed at the Legal Registry of
the Supreme Court. These include:
(a) all originating processes to commence family proceedings before 1 April 1996;
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Part XIX : Matrimonial Proceedings And Matters Relating To The Guardianship Of Infants
(e) all applications and documents to vary any Order of the High Court in the
proceedings referred to in sub-paragraphs (1)(a) to (d).
(2) Save for the documents listed in sub-paragraph (1), the Legal Registry will cease to
accept the filing of the processes in relation to family proceedings with effect from 1 April
1996. These processes shall be filed at the sub-registry of the Supreme Court at the
Family and Juvenile Court.
(3) For the avoidance of doubt, all documents relating to family proceedings that are
filed at the Legal Registry shall bear the title In the High Court of the Republic of
Singapore.
141. Forms of orders, including Mareva injunctions and search orders Formerly
known as Anton Piller order
(1) The format of all orders made in applications taken out in proceedings by way of writ
of summons under Part X of the Womens Charter (Cap. 353) on or after 1 April 2006
shall comply with Form 32 of Appendix A of the Family Justice Courts Practice Directions.
Orders made in proceedings commenced by way of petition under Part X of the Womens
Charter shall comply with Form 24 of the Womens Charter (Matrimonial Proceedings)
Rules 2003 (S 167/2003).
(1) Appeals against final orders made by the District Judge in chambers on ancillary
matters in divorce proceedings under the Womens Charter (Cap. 353), custody
proceedings under the Guardianship of Infants Act (Cap. 122), or section 17A(2)
proceedings, which are filed before 1 October 2014, shall be heard and determined by
the High Court and are governed by Order 55C of the Rules of Court. In practice, the
District Judges furnish grounds of decision within 8 weeks of the filing of the notice of
appeal although the furnishing of grounds of decision is not a requirement under the
Rules of Court.
(2) To facilitate the conduct of appeal hearings before the Judge of the High Court in
Chambers, parties are required to file the following documents prior to the appeal
hearing:
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(a) the appellant shall, within one week from the date of the release of the
grounds of decision, file his submission, the record of appeal, and where the record
of appeal exceeds 1000 pages, a core bundle, and serve a copy thereof on every
respondent to the appeal or his solicitor; and
(b) the respondent shall, within one week from the date of the service of the
documents referred to in sub-paragraph (2)(a), file his submission and a
supplemental core bundle, where necessary, and serve a copy thereof on the
appellant or his solicitor.
(3) The submissions to be filed by parties shall set out as concisely as possible:
(c) the contentions to be urged by the party filing it and the authorities in support
thereof; and
(d) the reasons for or against the appeal, as the case may be.
(4) The parties shall file together with their submissions a bundle of authorities relied on
by the Court below as well as other authorities to be relied on at the hearing of the
appeal and serve such bundle of authorities on the other party.
(e) the affidavits filed or referred to by parties for the hearing and any other
documents, so far as relevant to the matter decided and the nature of the appeal;
and
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Part XIX : Matrimonial Proceedings And Matters Relating To The Guardianship Of Infants
(c) the documents, including notes of evidence, pleadings and affidavits or portions
thereof that are of particular relevance to any question in the appeal or that will be
referred to at the appeal; and
(d) an index of the documents included therein, which shall cross-refer each
document to its location in the record of appeal.
(7) If the respondent intends to refer to documents at the appeal that are not included in
the core bundle filed by the appellant, the respondent shall file a supplemental core
bundle that contains a copy of the documents, together with an index of the documents
which shall cross-refer each document to its location in the record of appeal.
(8) The core bundle filed by the appellant shall not exceed 100 pages and the
supplemental core bundle filed by the respondent shall not exceed 50 pages. In
computing the number of pages, the copy of the order appealed from, the grounds of
decision and the index of documents shall be excluded. The Judge of the High Court may
take into consideration any failure to comply with this direction in deciding the costs to
be awarded at the hearing of the appeal.
(9) The submissions, the record of appeal, the core bundle and the respondents core
bundle shall be filed at the Registry of the State Courts.
(10) In order to assist the Judge hearing the appeal, the appellant and the respondent
are to tender one hard copy of the record of appeal, submissions and the core bundle,
where applicable, as well as any bundle of authorities to be relied upon to the Legal
Registry of the Supreme Court not less than 5 working days before the hearing of the
appeal.
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Part XX : Bankruptcy And Winding Up Matters
PART XX: BANKRUPTCY AND WINDING UP MATTERS
144. Applications to set aside statutory demands made under the Bankruptcy Rules
145. Judicial Management and Winding Up applications under the Companies Act
146. Documents for use in open Court trials of contested winding-up applications
Bundles of documents
Bundles of authorities
Opening statements
(b) other applications under the Bankruptcy Act (Cap. 20) or Bankruptcy Rules
(Cap. 20, R1), including:
(ii) applications to extend the time to set aside statutory demands; and
(iii) applications for interim orders under Part V of the Bankruptcy Act.
(2) Ex parte applications for substituted service in bankruptcy proceedings will be dealt
with by the Duty Registrar.
144. Applications to set aside statutory demands made under the Bankruptcy
Rules
(1) Rule 97 of the Bankruptcy Rules allows debtors to apply to set aside statutory
demands within 14 days from the date of service; or, where the demand was served
outside jurisdiction, within 21 days.
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Part XX : Bankruptcy And Winding Up Matters
(2) Without prejudice to Rule 98 of the Bankruptcy Rules, on an application to set aside
a statutory demand based on a judgment or an order, the Court will not go behind the
judgment or order and inquire into the validity of the debt.
(b) disputes the debt (not being a debt subject to a judgment or order),
the Court will normally set aside the statutory demand if, in its opinion, on the
evidence there is a genuine triable issue.
After a winding up application has been filed, the applicant or his solicitor should file the
necessary documents using the checklist provided in the Electronic Filing Service. Once
the necessary documents under the checklist have been filed, the applicant or his
solicitor should generate and file the winding up memorandum before attending before
the Duty Registrar in compliance with Rule 32 of the Companies (Winding Up) Rules.
This requirement shall similarly apply to judicial management applications under the
Companies Act.
(1) This paragraph shall apply to trials of contested winding-up applications in open
Court.
(2) To improve the conduct of contested winding-up applications and to reduce the time
taken in the presentation of cases in Court, the following documents shall be prepared
by the respective solicitors of the parties:
Bundles of documents
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(b) It is the responsibility of solicitors for all parties to agree and prepare an
agreed bundle as soon as possible. The scope to which the agreement extends
must be stated in the index sheet of the agreed bundle.
(c) In cases where certain documents cannot be agreed upon, these should be
separately bundled as the applicants or plaintiffs bundle or such other partys
bundle as the case may be.
(d) The requirements set out in paragraph 71(11)(c)-(f) shall, mutatis mutandis,
be complied with in respect of proceedings falling within this paragraph.
(e) The bundles of documents including the agreed bundle and core bundle, if
applicable, shall be filed and served on all relevant parties at least 5 working days
before trial.
Bundles of authorities
(4) The requirements set out in paragraph 71(12) to (13) shall, mutatis mutandis, be
complied with in respect of proceedings falling within this paragraph.
Opening statements
(5) The requirements set out in paragraph 71(14) shall, mutatis mutandis, be complied
with.
(6) Paragraph 60(8) to (10) shall apply, mutatis mutandis, to proceedings to which this
paragraph applies.
155
Part XXI : Applications Under The Mental Capacity Act
PART XXI: APPLICATIONS UNDER THE MENTAL CAPACITY ACT
148. Documents to be filed at the Legal Registry of the Supreme Court at the Supreme
Court Building
150. Notification
Discharge of security
(1) The Supreme Court of Judicature (Transfer of Mental Capacity Proceedings to District
Court) Order 2010, made under section 28A of the Supreme Court of Judicature Act
(Cap. 322), came into operation on 1 March 2010 (the Transfer Order).
(a) any proceedings under the Mental Capacity Act 2008 (Cap. 177A) (referred to
in this Part as the MCA) commenced in the High Court on or after 1 March 2010
shall be transferred to and be heard and determined by a District Court; and
(b) any application under the MCA made, on or after 1 March 2010, in relation to
any proceedings commenced in the High Court before that date under Part I of the
Mental Disorders and Treatment Act (Cap. 178) (referred to in this Part as the
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MDTA) in force before that date, shall be heard and determined by the High
Court.
(3) Pursuant to the Family Justice Act 2014, with effect from 1 October 2014,
proceedings under the MCA shall be heard and determined by the Family Justice Courts.
Notwithstanding this, any proceedings under the MCA commenced in the High Court
before 1 October 2014 shall, on and after that date, be continued in and dealt with by
the High Court.
148. Documents to be filed at the Legal Registry of the Supreme Court at the
Supreme Court Building
(1) All documents relating to mental capacity proceedings which are to be heard and
determined by the High Court shall be filed at the Legal Registry of the Supreme Court
at the Supreme Court Building. These include:
(a) all applications and documents to vary any Order of the High Court in
proceedings under the MDTA commenced before 1 March 2010;
(b) all documents in or ancillary to any application under the MCA made, on or
after 1 March 2010, in relation to any proceedings commenced in the High Court
before that date under Part 1 of the MDTA in force before that date; and
(c) all applications and documents to vary any Order of the High Court in
proceedings referred to in sub-paragraph (b) above.
(2) All applications subsequent to the filing of the originating summons in any mental
capacity proceedings in the High Court shall be made by way of summons.
(3) An affidavit stating clearly the grounds for the application shall be filed together with
the summons.
(4) Where permission is not required to make the application, the affidavit should state
the applicants belief that he or she falls within the categories of persons listed within
section 38(1) of the MCA and Order 99, Rule 2(3) of the Rules of Court.
(5) Where permission is required to make the application, that prayer may be included in
the main application itself. There is no requirement for a separate application for
permission. The grounds upon which the applicant is relying to obtain such permission
must be stated clearly in the supporting affidavit. The Court will decide whether to grant
such permission based on the grounds stated in the affidavit.
(6) Relevant documents, such as copies of birth certificates, marriage certificates, the
lasting powers of attorney, or of the court orders appointing deputies, must be exhibited
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Part XXI : Applications Under The Mental Capacity Act
to support the averments in the affidavit. Originals of the exhibits must be made
available for inspection by the Court during the hearing, if required.
(7) Where an order is sought relating to the property and affairs of a person under
section 20 of the MCA, the affidavit should set out the necessary supporting facts. In
particular, in an application to sell the residential property of the person lacking capacity,
the supporting affidavit should elaborate on why it is just or for the benefit of that
person that a sale of the property is ordered, and where that person will be residing if
the property were sold.
(8) The affidavit must include any other material information and supporting documents,
such as the consents of all relevant family members and a property valuation report.
(1) Under Order 40A, Rule 3 of the Rules of Court, expert evidence "is to be given in a
written report signed by the expert and exhibited in an affidavit sworn to or affirmed by
him testifying that the report exhibited is his and that he accepts full responsibility for
the report". Where a medical report is relied on for the purposes of an application under
the MCA, the doctor who prepared the medical report should affirm or swear to an
affidavit and exhibit his or her medical report.
(2) In addition, the doctor should indicate in the affidavit that he or she is aware that his
or her report is being adduced for the purpose of the application under the MCA, for
example, obtaining a declaration that the person concerned lacks capacity in relation to
matters specified in the application.
(b) contain a clear opinion as to whether the person concerned lacks capacity in
relation to matters specified in the application;
(c) contain a clear opinion on the prognosis of the person concerned and, if
necessary, the likelihood of requiring increased or reduced medical expenses in the
foreseeable future; and
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(d) be current and should be made not more than 6 months before the date of the
hearing of the application.
150. Notification
(1) The definition of P in Order 99, Rule 1 of the Rules of Court shall be applicable in
these Practice Directions. P means a person who lacks or, so far as consistent with the
context, is alleged to lack capacity (within the meaning of the MCA) and to whom any
proceedings under the MCA relate.
(2) Under Order 99, Rule 6 of the Rules of Court, P shall be notified of certain matters
by:-
(a) the plaintiff, applicant, or appellant (as the case may be); or
(3) Where P is to be notified that an application has been filed, the person effecting
notification must explain to P:-
(b) that the application raises the question of whether P lacks capacity in relation
to a matter or matters, and what that means;
(c) what will happen if the Court makes the order or direction that has been
applied for;
(d) where the application is for the appointment of a deputy, details of who that
person is, and
(4) Where P is to be notified that an application has been withdrawn, the person
effecting notification must explain to P:-
(5) Where P is to be notified that a notice of appeal has been filed, the person effecting
notification must explain to P:-
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Part XXI : Applications Under The Mental Capacity Act
(6) Where P is to be notified that a notice of appeal has been withdrawn, the person
effecting notification must explain to P:-
(7) Where P is to be notified that an order which affects P has been made by the Court,
the person effecting notification must explain to P the effect of the order.
(8) In all cases of notification, the person effecting notification must provide P with the
information required under Order 99, Rule 6 of the Rules of Court and this Part of these
Practice Directions in a way that is appropriate to Ps circumstances (for example, using
simple language, visual aids or any other appropriate means).
(9) The person effecting notification must also inform P that he may seek legal advice
and assistance in relation to any matter of which he is notified.
(10) The certificate of notification filed under Order 99, Rule 6(5) of the Rules of Court
shall be in Form 26 of Appendix A of these Practice Directions.
(11) Under the MCA, notification of P shall be the norm rather than the exception.
However, in certain appropriate circumstances, the person required to notify P may
apply to Court for an order to dispense with the requirement to notify P. Such an
application would be appropriate where, for example, P is in a permanent vegetative
state or a minimally conscious state, or where notification is likely to cause significant
and disproportionate distress to P. The reasons for seeking dispensation of notification
shall be stated in the supporting affidavit of the plaintiff or applicant.
(12) The Court may, on its own motion, dispense with the notification of P.
(1) An application to vary an order made in mental capacity proceedings shall be made
by way of summons supported by affidavit and served on every party who had initially
been served with the originating summons as well as on the Public Guardian, within 2
working days after the date on which the application is filed.
(2)If an application under sub-paragraph (1) is filed more than 6 months from the date
of the order, the application must be served personally on every defendant. If such an
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application is filed 6 months or less from the date of the order, the service on every
party to the proceedings may be by way of ordinary service.
(1) Where P ceases to lack capacity or dies, the following steps in sub-paragraphs (2) to
(7) may, where relevant, need to be taken to finalise the courts involvement in Ps
affairs.
(2) Where P ceases to lack capacity in relation to the matter or matters to which the
proceedings relate, an application may be made by any of the following people to the
Court to end the proceedings and discharge any orders made in respect of that person:
(a) P;
(3) The application should be supported by evidence that P no longer lacks capacity to
make decisions in relation to the matter or matters to which the proceedings relate.
(4) Where P ceases to lack capacity after proceedings have concluded, an application
may be made to the Court to discharge any orders made (including an order appointing
a deputy or an order in relation to security).
(5) The affidavit filed in support should exhibit the orders sought to be discharged and
contain evidence that P no longer lacks capacity to make decisions in relation to the
matter or matters to which the proceedings relate.
(6) An application for final directions (including discharging an order appointing a deputy
or discharging the security) may be made following Ps death. The application should be
supported by an affidavit exhibiting a copy of Ps death certificate.
Discharge of security
(7) The Public Guardian may require a deputy to submit a final report upon P ceasing to
lack capacity or Ps death. If security has been ordered by the Court, the Court must be
satisfied that the Public Guardian either does not require a final report or is satisfied with
the final report provided by the deputy before the said security can be discharged.
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Part XXII : Civil Proceedings That Do Not Use The
Electronic Filing Service
PART XXII: CIVIL PROCEEDINGS THAT DO NOT USE THE ELECTRONIC FILING
SERVICE
153. Application
154. Information to be provided in cause papers and documents that are filed in the
Legal Registry of the Supreme Court
Binding of affidavits
Dividing sheets
157. File inspection and obtaining hard copy extracts or certified true copies of
documents
153. Application
The directions contained in this Part shall apply to proceedings that do not require the
use of the Electronic Filing Service under paragraph 104(2).
154. Information to be provided in cause papers and documents that are filed
in the Legal Registry of the Supreme Court
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The information is to be inserted as a block near the bottom right hand corner of the
backing sheets.
(1) In addition to the requirements set out in paragraph 57, affidavits shall be:
(a) on A4-ISO paper of durable quality with a blank margin not less than 35mm
wide on all 4 sides of the page;
(b) produced by printing, lithography or typewriting, and in any case not by carbon
copying. A document produced by a photographic or similar process giving a
positive and permanent representation free from blemishes will be treated, to the
extent that it contains a facsimile of matter produced by one of the above
processes, as if it were so produced. Photographic copies which are not clearly
legible will be rejected;
(d) printed on white paper except in bankruptcy proceedings, where the paper
shall be light blue.
Binding of affidavits
(2) Affidavits of 30 pages or less (including exhibits and dividing and backing sheets)
may be stapled at the top left hand corner of the paper firmly. Any affidavit (including
exhibits, dividing and backing sheets) exceeding 30 pages shall be bound with plastic
ring binding or plastic spine thermal binding (the plastic rings or spines to be red for
plaintiffs/appellants, and blue for defendants/respondents) with a transparent plastic
cover in front and at the back.
Dividing sheets
(1) The dividing sheet that separates the documentary exhibits shall be in light colour
other than white, marked, typed or stamped clearly with an exhibit mark as follows:
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Part XXII : Civil Proceedings That Do Not Use The Electronic Filing Service
exhibits evenly spaced out so as not to overlap one another. The table of contents itself
shall bear the top most flag, marked TABLE.
157. File inspection and obtaining hard copy extracts or certified true copies of
documents
(1) In order to inspect a case file in civil proceedings that do not use the Electronic Filing
Service, the following procedure should be followed:
(b) Once approval for inspection has been received from the Court, a copy of the
approval should be presented at the service bureau.
(c) After verifying the approval, the service bureau will assign the inspecting party
a personal computer for the inspection to be carried out.
(d) An inspecting party will usually be allowed 60 minutes to carry out the
inspection. If a longer period is required, the service bureau may impose a charge
for use of the computer. The service bureau may impose additional charges for
downloading softcopies of documents from the case file undergoing inspection.
(2) Applications to obtain hard copy extracts or certified true paper copies of documents
in civil proceedings that do not use the Electronic Filing Service may be made by
submitting a Request in hard copy to the Legal Registry.
(a) The intended use of the hard copy extracts or certified true paper copies should
be clearly stated in the Request. The relevance and necessity of the hard copy
extracts or certified true paper copies in relation to their intended use should also
be clearly described.
(b) Once approval is received from the Court, the applicant should obtain a printed
copy of the approved Request and present it at the Legal Registry. After verifying
that the Request has been approved, the Legal Registry will inform the applicant of
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any additional fees payable. Where additional fees are payable, these should then
be stamped on the Request at the Cashiers Office at the Legal Registry. Upon
presentation of this stamped Request, the documents will be furnished to the
applicant.
(c) The fees prescribed by Appendix B to the Rules of Court will be payable for the
above services in addition to further printing charges which may be chargeable by
the Court or the service bureau for reproducing the copies in paper form.
(3) The Legal Registry will only accept Requests which are printed or typewritten on
paper of good quality and signed by the solicitors concerned. Requests which have any
erasure marks on them will be rejected. Requests which are double stamped (i.e. the
Requests were originally short stamped and later stamped to add up to the correct fee)
may be rejected.
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Part XXIII : Medical Negligence Claims
PART XXIII: MEDICAL NEGLIGENCE CLAIMS
(1) With effect from 1 July 2017, parties in medical negligence claims are to comply with
the High Court Protocol for Medical Negligence Cases at Appendix J of these Practice
Directions. A breach by one party will not exempt the other parties in the claim from
following the protocol insofar as they are able to do so.
(2) In exercising its discretion as to costs, the Court will consider compliance with the
protocol. If non-compliance with the protocol has led to unnecessary costs, the Court
may make the following orders:
(a) an order disallowing a defaulting party his costs, or some part of his costs,
even if he succeeds;
(b) an order that the defaulting party pay the other party or parties their costs of
the proceedings, or part of those costs; and
(c) an order that the defaulting party pay those costs on an indemnity basis.
(3) The Court will consider compliance with the protocol in exercising its discretion when
deciding the amount of interest payable and may make the following orders:
(a) an order awarding a successful party who has complied with the protocol
interest from a date earlier than the date from which he would otherwise have
been entitled to obtain interest; and
(b) an order depriving a successful party who has not complied with the protocol of
interest in respect of such period as may be specified.
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Appendices
APPENDIX A: FORMS
Form 5. [deleted] Notification under Order 62, Rule 2(1) of the Rules of Court
Form 11A. Questionnaire for the Examination of (Name of Individual Judgment Debtor)
Form 11B. Questionnaire for the Examination of (Name of Officer of Judgment Debtor)
Form 17. Bill of Costs for Contentious Business other than Trials
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Appendices
Form 22. [deleted] Application to Use the Technology Court or Mobile Info-Technology
Trolley for Alternative Dispute Resolution
Appendix D : Fees For Use Of The Technology Courts And The Mobile Infocomm
Technology Facilities
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Appendix I : Guidelines for Advocates and Solicitors advising clients about ADR
169
1.
* This is to certify that the abovenamed is unfit for duty for a period of ..
days from . to .. inclusive.
Sterilisation Leave
Operated on .
Date
2.
Date:
Name of lawyer/secretary-in-charge
of matter : __________________________________________
Address : __________________________________________
We undertake to pay the applicable fee prescribed by the Rules of Court immediately upon
approval of the request.
[CASE NO.]
Between
[Intended] Plaintiff
And
[Intended] Defendant
(a) This order orders you to allow the persons mentioned below to enter the premises
described in the order and to search for, examine and remove or copy the articles
specified in the order. This part of the order is subject to restrictions. The order also
requires you to hand over any of the articles which are under your control and to
provide information to the plaintiffs solicitors. You are also prohibited from doing
certain acts. You should read all the terms of the order very carefully. You are
advised to consult a solicitor as soon as possible.
(b) Before you the defendant or the person appearing to be in control of the premises
allow anybody onto the premises to carry out this order, you are entitled to have the
solicitor who serves you with this order explain to you what it means in everyday
language.
(c) You are entitled to insist that there is nobody [or nobody except (name)] present
who could gain commercially from anything he might read or see on your premises.
(d) You are entitled to refuse to permit entry before 9.00 a.m. or after 5.00 p.m. or at all
on Saturdays, Sundays and public holidays.
(e) You are entitled to seek legal advice, and to ask the Court to vary or discharge this
order, provided you do so at once, and provided that meanwhile you permit [the
supervising solicitor (who is a solicitor of the Court acting independently of the
plaintiff) and] the plaintiffs solicitor to enter, but not start to search. See
paragraph 3 below.
(f) If you, [ ] (the defendant), disobey this order, you will be guilty of contempt of
Court and may be sent to prison or fined.
THE ORDER
An application was made today [date] by counsel for the plaintiff, [ ] to Justice [ ] by way of ex-
parte summons no. [ ] of [ ]. Justice [ ] heard the application and read the affidavit(s) of
[name] filed on [date].
1. (a) The defendant must allow [Mr/Mrs/Miss (the supervising solicitor), together
with] [name] a solicitor of the Supreme Court from the firm of the plaintiffs
solicitors and up to [ ] other persons being [their capacity] accompanying
[him/them/as appropriate] to enter the premises mentioned or described in Schedule 1 to
this order and any vehicles on the premises so that they can search for, inspect, photograph
or photocopy, and deliver into the safekeeping of the plaintiffs solicitors all the documents
and articles which are listed or described in Schedule 2 to this order (the listed items)
or which [name] believes to be listed items. The defendant must allow those persons to
remain on the premises until the search is complete, and if necessary to re-enter the
premises on the same or the following day in order to complete the search.
(b) This order must be complied with either by the defendant himself or by a responsible
employee of the defendant or by the person appearing to be in control of the premises.
(c) This order requires the defendant or his employee or the person appearing to be in
control of the premises to permit entry to the premises immediately when the order is
served upon him, except as stated in paragraph 3 below.
___________________________________
[ ] Relevant information to be inserted.
Where a supervising solicitor is ordered.
This Notice is not a substitute for the endorsement of a penal notice.
Restrictions on the service and carrying out of paragraph 1 of this order
(a) This order may only be served between 9.00 a.m. and 5.00 p.m. on a weekday which
is not a public holiday.
(b) This order may not be carried out at the same time as any search warrant.
(c) [This order must be served by the supervising solicitor, and paragraph 1 of the order
must be carried out in his presence and under his supervision.] [At least 1 of the
persons accompanying him as provided by paragraph 1 of this order shall be a
woman.] [At least 1 of the persons carrying out the order shall be a woman.]
(d) This order does not require the person served with the order to allow anyone [or
anyone except (name)] who could gain commercially from anything he might read or
see on the premises if the person served with the order objects.
(e) No item may be removed from the premises until a list of the items to be removed has
been prepared, and a copy of the list has been supplied to the person served with the
order, and he has been given a reasonable opportunity to check the list.
(f) The premises must not be searched, and items must not be removed from them,
except in the presence of the defendant or a person appearing to be a responsible
employee of the defendant.
[(g) If the supervising solicitor is satisfied that full compliance with subparagraphs (e) or
(f) above is impracticable, he may permit the search to proceed and items to be
removed without compliance with the impracticable requirements.]
__________________________________________________
Where a supervising solicitor is ordered.
These words are to be included in a case where the premises are likely to be occupied by an unaccompanied
woman and the supervising solicitor is a man.
These words are to be included in a case where the premises are likely to be occupied by an unaccompanied
woman.
Obtaining legal advice and applying to the Court
3. Before permitting entry to the premises by any person other than [the supervising solicitor
and] the plaintiffs solicitors, the defendant or other person appearing to be in control of
the premises may seek legal advice, and apply to the Court to vary or discharge this order,
provided he does so at once. While this is being done, he may refuse entry to the premises
by any other person, and may refuse to permit the search to begin, for a short time [not to
exceed 2 hours, unless (the supervising solicitor or) the plaintiffs solicitor agrees to a
longer period].
4. (a) The defendant must immediately hand over to the plaintiffs solicitors any of
the listed items which are in his possession or under his control.
(b) If any of the listed items exists only in computer readable form, the defendant must
immediately give the plaintiffs solicitors effective access to the computers, with all
necessary passwords, to enable them to be searched, and cause the listed items to be
printed out. A print-out of the items must be given to the plaintiffs solicitors or
displayed on the computer screen so that they can be read and copied. All reasonable
steps shall be taken by the plaintiff to ensure that no damage is done to any computer
or data. The plaintiff and his representatives may not themselves search the
defendants computers unless they have sufficient expertise to do so without
damaging the defendants system.
(A) the name and address of everyone who has supplied him, or offered to
supply him, with listed items;
___________________________________________________
Where a supervising solicitor is ordered.
(C) the full details of the dates and quantities of every such supply and
offer.
(b) Within [ ] days after being served with this order, the defendant must
prepare and swear an affidavit confirming the above information.
(c) Nothing in this order shall abrogate the defendants right against self-incrimination.
Prohibited acts
6. (a) Except for the purpose of obtaining legal advice [or advising his banker], the
defendant must not directly or indirectly inform anyone of these proceedings or of
the contents of this order, or warn anyone that proceedings have been or may be brought
against him by the plaintiff until [ ].
7. (a) A defendant who is an individual who is ordered not to do something must not
do it himself or in any other way. He must not do it through others acting on his behalf or
on his instructions or with his encouragement.
UNDERTAKINGS
8. The plaintiff, [the supervising solicitor and] the plaintiffs solicitors give to the Court the
undertakings contained in Schedules 3, 4 and 5 respectively to this order.
9. Paragraph 6(b) of this order shall remain in force until the trial or further order.
___________________________
Where a supervising solicitor is ordered.
VARIATION OR DISCHARGE OF THIS ORDER
10. The defendant (or anyone notified of this order) may apply to the Court at any time to vary
or discharge this order (or so much of it as affects that person), but anyone wishing to do so
must inform the plaintiffs solicitors.
12. (a) In this order references to he, him, or his include she or her and t
or ts.
(b) Where there are 2 or more defendants then (unless the context indicates differently):
(iv) Any other requirement that something shall be done to or in the presence of
the defendants means to or in the presence of one of them.]
Registrar.
SCHEDULE 1
The premises
SCHEDULE 2
The listed items
SCHEDULE 3
Undertakings given by the plaintiff
1. If the Court later finds that this order or the carrying out of it has caused loss to the
defendant, and decides that the defendant should be compensated for that loss, the plaintiff
shall comply with any order the Court may make.
[2. As soon as practicable to issue a writ of summons [in the form of the draft writ produced to
the Court] [claiming appropriate relief].]
3. To [swear and file an affidavit] [cause an affidavit to be sworn and filed] [substantially in
the terms of the draft produced to the Court] [confirming the substance of what was said to
the Court by the plaintiffs solicitors.]
4. To serve on the defendant at the same time as this order is served on him, the writ and
copies of the affidavits and copiable exhibits containing the evidence relied on by the
plaintiff. [Copies of the confidential exhibits (specify) need not be served, but they must be
made available for inspection by or on behalf of the defendant in the presence of the
plaintiffs solicitors while the order is carried out. Afterwards they must be provided to a
solicitor representing the defendant who gives a written undertaking not to permit the
defendant to see them or make copies of them except in his presence and not to permit the
defendant to make or take away any note or record of the exhibits.]
[5. To serve on the defendant a copy of the supervising solicitors report on the carrying out of
this order as soon as it is received and to produce a copy of the report to the Court.]
6. Not, without the leave of the Court, to inform anyone else of this order or the carrying out of
this order or to use any information or documents obtained as a result of carrying out this
order except for the purposes of these proceedings or to inform anyone else of these
proceedings until the trial or further order.
_________________________________
Where a supervising solicitor is ordered.
In appropriate cases.
SCHEDULE 4
Undertakings given by the plaintiffs solicitors
1. To answer at once to the best of their ability any question as to whether a particular item is a
listed item.
2. To return the originals of all documents obtained as a result of this order (except original
documents which belong to the plaintiff) as soon as possible and in any event within 2
working days of their removal.
3. While ownership of any item obtained as a result of this order is in dispute, to deliver the
article into the keeping of solicitors acting for the defendant within 2 working days from
receiving a written undertaking by them to retain the article in safekeeping and to produce it
to the Court when required.
4. To retain in their own safekeeping all other items obtained as a result of this order until the
Court directs otherwise.
5. To execute this order calmly and orderly and in a manner respectful of the defendants
business.
6. Not, without the leave of the Court, to inform anyone else of this order or the carrying out of
this order or to use any information or documents obtained as a result of the carrying out of
this order except for the purposes of these proceedings or to inform anyone else of these
proceedings until the trial or further order.
[SCHEDULE 5
1. To offer to explain to the person served with the order its meaning and effect fairly and in
everyday language, and to inform him of his right to seek legal advice and apply to vary or
discharge the order as mentioned in paragraph 3 of the order.
2. To make and provide the plaintiffs solicitor a written report on the carrying out of the
order.]
__________________________________________
Where a supervising solicitor is ordered
Appendix A
7.
Para 42(1)(b)
[CASE NO.]
Between
[Intended] Plaintiff
And
[Intended] Defendant
(a) This order prohibits you from dealing with your assets up to the amount stated. The order
is subject to the exceptions stated at the end of the order. You should read all the terms of
the order very carefully. You are advised to consult a solicitor as soon as possible. You
have a right to ask the Court to vary or discharge this order.
(b) If you disobey this order you will be guilty of contempt of Court and may be sent to prison
or fined.
______________________________
The notice is not a substitute for the endorsement of a penal notice.
[ ] Relevant information to be inserted.
THE ORDER
An application was made today [date] by counsel for the plaintiff, [ ] to Justice [ ] by way of ex-
parte summons no. [ ] of [ ]. Justice [ ] heard the application and read the affidavit(s) of [name]
filed on [date].
Disposal of assets
(i) remove from Singapore any of his assets which are in Singapore whether in his
own name or not and whether solely or jointly owned up to the value of [$ ]; or
(ii) in any way dispose of or deal with or diminish the value of any of his assets
whether they are in or outside Singapore whether in his own name or not and
whether solely or jointly owned up to the same value.
(i) the property known as [ ] or the net sale money after payment of any
mortgages if it has been sold;
(ii) the property and assets of the defendants business known as [ ] (or carried on
at [ ]) or the sale money if any of them have been sold; and
(c) If the total unencumbered value of the defendants assets in Singapore exceeds [$ ],
the defendant may remove any of those assets from Singapore or may dispose of or deal
with them so long as the total unencumbered value of his assets still in Singapore
remains not less than [$ ]. If the total unencumbered value of the defendants assets in
Singapore does not exceed [$ ], the defendant must not remove any of those assets
from Singapore and must not dispose of or deal with any of them, but if he has other
assets outside Singapore, the defendant may dispose of or deal with those assets so long
as the total unencumbered value of all his assets whether in or outside Singapore
remains not less than [$ ].
Disclosure of information
2. The defendant must inform the plaintiff in writing at once of all his assets whether in or outside
Singapore and whether in his own name or not and whether solely or jointly owned, giving the
value, location and details of all such assets. The information must be confirmed in an affidavit
which must be served on the plaintiffs solicitors within [ ] days after this order has been
served on the defendant.
3. This order does not prohibit the defendant from spending [$ ] a week towards his ordinary
living expenses and also [$ ] a week [or a reasonable sum] on legal advice and representation.
But before spending any money, the defendant must tell the plaintiffs solicitors where the
money is to come from.
4. This order does not prohibit the defendant from dealing with or disposing of any of his assets in
the ordinary and proper course of business. The defendant shall account to the plaintiff [state
interval] for the amount of money spent in this regard.
5. The defendant may agree with the plaintiffs solicitors that the above spending limits should be
increased or that this order should be varied in any other respect but any such agreement must be
in writing.
6. A defendant who is an individual who is ordered not to do something must not do it himself or
in any other way. He must not do it through others acting on his behalf or on his instructions or
with his encouragement.
7. A defendant which is a corporation and which is ordered not to do something must not do it
itself or by its directors, officers, employees or agents or in any other way.
THIRD PARTIES
8. It is a contempt of Court for any person notified of this order knowingly to assist in or permit a
breach of the order. Any person doing so may be sent to prison or fined.
9. The terms of this order do not affect or concern anyone outside the jurisdiction of this Court
until it is declared enforceable or is enforced by a Court in the relevant country and then they are
to affect him only to the extent they have been declared enforceable or have been enforced
UNLESS such person is:
(a) a person to whom this order is addressed or an officer or an agent appointed by power of
attorney of such a person; or
(i) has been given written notice of this order at his residence or place of business
within the jurisdiction of this Court; and
(ii) is able to prevent acts or omissions outside the jurisdiction of this Court which
constitute or assist in a breach of the terms of this order.
Assets located outside Singapore
10. Nothing in this order shall, in respect of assets located outside Singapore, prevent any third party
from complying with:
(a) what it reasonably believes to be its obligations, contractual or otherwise, under the
laws and obligations of the country or state in which those assets are situated or under
the proper law of any contract between itself and the defendant; and
(b) any orders of the Courts of that country or state, provided that reasonable notice of any
application for such an order is given to the plaintiffs solicitors.
Set-off by banks
11. This injunction does not prevent any bank from exercising any right of set-off it may have in
respect of any facility which it gave to the defendant before it was notified of the order.
12. No bank need enquire as to the application or proposed application of any money withdrawn by
the defendant if the withdrawal appears to be permitted by this order.
13. (a) The plaintiff may serve the writ of summons on the defendant at [ ] by [mode of
service].
(b) If the defendant wishes to defend the action, he must enter an appearance within [ ] days
of being served with the writ of summons.]
UNDERTAKINGS
14. The plaintiff gives to the Court the undertakings set out in Schedule 1 to this order.
15. This order will remain in force until the trial or further order.
VARIATION OR DISCHARGE OF THIS ORDER
16. The defendant (or anyone notified of this order) may apply to the Court at any time to vary or
discharge this order (or so much of it as affects that person), but anyone wishing to do so must
inform the plaintiffs solicitors.
18. (a) In this order references to he, him or his include she or her and it or its.
(b) Where there are 2 or more defendants then (unless the context indicates differently):
Registrar.
SCHEDULE 1
Undertakings given to the Court by the plaintiff
1. If the Court later finds that this order has caused loss to the defendant, and decides that the
defendant should be compensated for that loss, the plaintiff shall comply with any order the
Court may make.
2. The plaintiff, in respect of any order the Court may make pursuant to para (1) above, will:
(a) on or before [date] provide to the defendant security in the sum of [$ ] by causing
[payment to be made into Court / a bond to be issued by an insurance company with a place of
business within Singapore / a written guarantee to be issued from a bank with a place of
business within Singapore / payment to the plaintiffs solicitor to be held by the solicitor as an
officer of the Court pending further order]*; and
(*Delete where appropriate)
(b) cause evidence of the provision of security to be extended to the defendant immediately
after the security has been put up.]
3. As soon as practicable the plaintiff shall [issue and] serve on the defendant [a] [the] writ of
summons [in the form of the draft writ produced to the Court] [claiming appropriate relief]
together with this order.
4. The plaintiff shall cause an affidavit to be sworn and filed [substantially in the terms of the draft
affidavit produced to the Court] [confirming the substance of what was said to the Court by the
plaintiffs solicitors].
5. As soon as practicable the plaintiff shall serve on the defendant a copy of the affidavits and
exhibits containing the evidence relied on by the plaintiff.
6. Anyone notified of this order will be given a copy of it by the plaintiffs solicitors.
7. The plaintiff shall pay the reasonable costs of anyone other than the defendant which have been
incurred as a result of this order including the costs of ascertaining whether that person holds
any of the defendants assets and if the Court later finds that this order has caused such person
loss, and decides that such person should be compensated for that loss, the plaintiff will comply
with any order the Court may make.
8. If this order ceases to have effect, the plaintiff will immediately take all reasonable steps to
inform in writing anyone to whom he has given notice of this order, or who he has reasonable
grounds for supposing may act upon this order, that it has ceased to have effect.
[9. The plaintiff shall not without the leave of the Court begin proceedings against the defendant in
any other jurisdiction or use information obtained as a result of an order of the Court in this
jurisdiction for the purpose of civil or criminal proceedings in any other jurisdiction.
10. The plaintiff shall not without the leave of the Court seek to enforce this order in any country
outside Singapore [or seek an order of a similar nature including orders conferring a charge or
other security against the defendant or the defendants assets].]
8.
Para 42(1)(c)
Injunction Prohibiting Disposal of Assets in Singapore
[CASE NO.]
Between
[Intended] Plaintiff
And
[Intended] Defendant
(a) This order prohibits you from dealing with your assets up to the amount stated. The order
is subject to the exceptions stated at the end of the order. You should read all the terms of
the order very carefully. You are advised to consult a solicitor as soon as possible. You
have a right to ask the Court to vary or discharge this order.
(b) If you disobey this order you will be guilty of contempt of Court and may be sent to prison
or fined.
__________________________________________________________
[ ] Relevant information to be inserted.
This notice is not a substitute for the endorsement of a penal notice.
THE ORDER
An application was made today [date] by counsel for the plaintiff, [ ] to Justice [ ] by way of ex-
parte summons no. [ ] of [ ]. Justice [ ] heard the application and read the affidavit(s) of [name] filed
on [date].
Disposal of assets
1. (a) The defendant must not remove from Singapore in any way dispose of or deal with or
diminish the value of any of his assets which are in Singapore whether in his own name
or not and whether solely or jointly owned up to the value [$ ].
(i) the property known as [ ] or the net sale money after payment of any
mortgages if it has been sold;
(ii) the property and assets of the defendants business known as [ ] (or carried
on at [ ]) or the sale money if any of them have been sold; and
(c) If the total unencumbered value of the defendants assets in Singapore exceeds [$ ],
the defendant may remove any of those assets from Singapore or may dispose of or deal
with them so long as the total unencumbered value of his assets still in Singapore
remains not less than [$ ].
Disclosure of information
2. The defendant must inform the plaintiff in writing at once of all his assets in Singapore whether
in his own name or not and whether solely or jointly owned, giving the value, location and
details of all such assets. The information must be confirmed in an affidavit which must be
served on the plaintiffs solicitors within [ ] days after this order has been served on the
defendant.
3. This order does not prohibit the defendant from spending [$ ] a week towards his ordinary
living expenses and also [$ ] a week [or a reasonable sum] on legal advice and representation.
But before spending any money, the defendant must tell the plaintiffs solicitors where the
money is to come from.
4. This order does not prohibit the defendant from dealing with or disposing of any of his assets in
the ordinary and proper course of business. The defendant shall account to the plaintiff [state
interval] for the amount of money spent in this regard.
5. The defendant may agree with the plaintiffs solicitors that the above spending limits should be
increased or that this order should be varied in any other respect but any such agreement must be
in writing.
6. A defendant who is an individual who is ordered not to do something must not do it himself or
in any other way. He must not do it through others acting on his behalf or on his instructions or
with his encouragement.
7. A defendant which is a corporation and which is ordered not to do something must not do it
itself or by its directors, officers, employees or agents or in any other way.
THIRD PARTIES
8. It is a contempt of Court for any person notified of this order knowingly to assist in or permit a
breach of the order. Any person doing so may be sent to prison or fined.
Set-off by banks
9. This injunction does not prevent any bank from exercising any right of set-off it may have in
respect of any facility which it gave to the defendant before it was notified of the order.
10. No bank need enquire as to the application or proposed application of any money withdrawn by
the defendant if the withdrawal appears to be permitted by this order.
11. (a) The plaintiff may serve the writ of summons on the defendant at [ ] by [mode of
service].
(b) If the defendant wishes to defend the action he must enter an appearance within [ ]
days of being served with the writ of summons.]
UNDERTAKINGS
12. The plaintiff gives to the Court the undertakings set out in Schedule 1 to this order.
13. This order will remain in force until the trial or further order.
14. The defendant (or anyone notified of this order) may apply to the Court at any time to vary or
discharge this order (or so much of it as affects that person), but anyone wishing to do so must
inform the plaintiffs solicitors.
16. (a) In this order references to he, him or his include she or her and it or its.
(b) Where there are 2 or more defendants then (unless the context indicates differently):
Registrar.
SCHEDULE 1
Undertakings given to the Court by the plaintiff
1. If the Court later finds that this order has caused loss to the defendant, and decides that the
defendant should be compensated for that loss, the plaintiff shall comply with any order the
Court may make.
[2. The plaintiff, in respect of any order the Court may make pursuant to para (1) above, will:
(a) on or before [date] provide to the defendant security in the sum of [$ ] by causing
[payment to be made into Court / a bond to be issued by an insurance company with a place of
business within Singapore / a written guarantee to be issued from a bank with a place of business
within Singapore / payment to the plaintiffs solicitor to be held by the solicitor as an officer of
the Court pending further order]*; and
(*Delete where appropriate)
(b) cause evidence of the provision of security to be extended to the defendant immediately
after the security has been put up.]
3. As soon as practicable the plaintiff shall [issue and] serve on the defendant [a] [the] writ of
summons [in the form of the draft writ produced to the Court] [claiming appropriate relief]
together with this order.
4. The plaintiff shall cause an affidavit to be sworn and filed [substantially in the terms of the draft
affidavit produced to the Court] [confirming the substance of what was said to the Court by the
plaintiffs solicitors].
5. As soon as practicable the plaintiff shall serve on the defendant a copy of the affidavits and
exhibits containing the evidence relied on by the plaintiff.
6. Anyone notified of this order shall be given a copy of it by the plaintiffs solicitors.
7. The plaintiff shall pay the reasonable costs of anyone other than the defendant which have been
incurred as a result of this order including the costs of ascertaining whether that person holds
any of the defendants assets and if the Court later finds that this order has caused such person
loss, and decides that such person should be compensated for that loss, the plaintiff will comply
with any order the Court may make.
8. If this order ceases to have effect, the plaintiff will immediately take all reasonable steps to
inform in writing anyone to whom he has given notice of this order, or who he has reasonable
grounds for supposing may act upon this order, that it has ceased to have effect.
9.
Take notice that the [plaintiff or defendant or as the case may be] intends to object to
the contents of the several affidavits hereunder specified [or the identified portions thereof] at the trial
or hearing of the cause or matter for which these were filed for the reasons stated below.
1. The first [or second or as the case may be] affidavit of [name of deponent] filed on
[date] on behalf of the [plaintiff or defendant or as the case may be].
OR
1. Paragraphs 1, 2 and 3, and exhibits AB-1 and AB-2 of the first [or second or as the
case may be] affidavit of [name of deponent] filed on [date] on behalf of the [plaintiff or defendant or
as the case may be].
Solicitors for
APPENDIX A
9A.
Expert: __________________
Total Duration:
________________________ day(s)
Total number of trial days: ______ (Estimated in consultation with other parties counsel)
I understand that if any of my witnesses require the services of a court language interpreter, I
will have to ensure that the interpreter is available by the first day of trial. Further, if an
external language interpreter is required, I undertake to find a suitable person agreeable to all
parties and ensure that he or she is available by the first day of trial.
I understand that this statement will be put before the Trial Judge and I will comply with the
above timings stated. I will inform the registry immediately, and in any case, no later than 14
days from the first day of trial, if there are any changes to the information I have provided.
_____________________________ ______________________
[This List of Issues will be placed before the Trial Judge to assist the Trial Judge in the conduct of the
trial. Counsel should be concise and identify the key issues, rather than setting out detailed sub-issues]
Legal Issues
2
Additional Issues according to Defendant
2
Annex A
S/N Name Party Type (e.g., for Capacity* Time required for
Plaintiff, Defendant, Cross-Examination
Third Party, etc.) (days)
I, [name of party making request], being [the plaintiff or the defendant or the plaintiffs
employee or as the case may be (or the solicitor for the plaintiff or the defendant or the plaintiffs
employee or as the case may be)], hereby request that the Sheriff do attend at [the address for the
attendance] on [the desired date and time of attendance] for the purpose of [the reason for the
attendance].
I undertake to pay the fees prescribed by Appendix B to the Rules of Court in respect of the
attendance requested above.
(Signature of declarant)
(Name of firm of solicitors)
(if declarant is a solicitor
11A.
Please be informed that you, (name of judgment debtor), have been summoned by the
abovementioned judgment creditor to attend at the Supreme Court on (date and time)
to
(a) provide answers to the questions set out herein; and
(b) produce documents set out below:
(iii) your income tax returns and Form IR8A for the last period of
assessment;
(iv) your last 3 statements from the Central Provident Fund (CPF)
Board;
Please answer these questions carefully as the Court will require you to
confirm on oath that your answers are true to the best of your knowledge, information
and belief. Please bring this completed questionnaire and the documents with you at
the Court hearing.
IMPORTANT NOTICE: You are required to attend the hearing unless you
have obtained the consent of the judgment creditor to dispense with your attendance in
Court or to discharge the Order requiring your attendance. If you fail to attend the
hearing without obtaining the consent of the judgment creditor, the judgment creditor
may commence committal proceedings against you for your failure to attend Court.
The penalty that may be imposed by Court for such failure is fine and/or
imprisonment.
You may therefore wish to contact the solicitor for the judgment creditor
(name of law firm and solicitor having conduct of the case) at (address and telephone
contact no.) to obtain the consent of the judgment creditor for the necessary
dispensation and discharge. You may also choose to engage your own solicitor to
advise you on your rights and duties in relation to these proceedings.
Personal particulars
1. Full Name:
2. NRIC/Passport No.:
3. Home Address:
4. Mobile Number:
5. Email Address:
Work particulars
6. Occupation:
(a) the name and address of your business (sole proprietorship or partnership);
(c) your monthly income including salary, allowances, commissions and bonuses.
i Sources of
9. Aside from your income from your employment, please state all your other income includes
sources of income and the amount received. rental,
dividends,
royalties from
intellectual
property.
10. Please state whether you have any debtors. i Debtors are
people who owe
Yes / No. If yes, please provide the details in Annex A you money.
Particulars of your immovable properties situated locally or overseas
11. Please state the following if you own any immovable property locally or i Immoveable
overseas:
property means
houses,
(a) the address(es) of property owned; apartments etc.
(c) the names of mortgagee/chargee (if any) and the amount outstanding.
(c) type of account held (e.g. current, savings, fixed deposit, overdraft);
(e) the balance due to you at this date (for fixed deposits, please state the date of
maturity and the amount due to you at that date)
Particulars of your other assets
17. Please state if you own any shares and/or unit trusts.
18. Please state if you are a beneficiary under any trust, will or estate in intestacy.
19. Please state if you are a member (whether in Singapore or overseas) of any
country clubs, timeshare holiday clubs.
20. Please state if you own any other assets, savings or investments not listed thus
far (e.g. antiques, collectibles, jewellery, paintings).
21. What offer of repayment do you wish to make to the judgment creditor?
Confirmation statement
Name Contact Particulars Amount Due date for How did the debt
owed payment arise?
(2) Please state the following if you have commenced legal proceedings
against your debtors to recover your debt:
(14) If on hire purchase, the name of the finance company and the amount outstanding
under the hire purchase agreement:
ANNEX C
Particulars of Other Assets
Insurance Policies (From Question 16)
(1) Please identify the beneficiaries under your insurance policies apart
from yourself:
(2) If applicable, please state the dates when each of your insurance policies will mature
and the surrender value as at this date:
(3) If you own shares, please state the name of the company and the number of shares
held. If you use a securities broker, please give particulars:
(4) If you own unit trusts, please state the name of the bank/financial institution
managing your unit trusts:
(6) Please state the name of the person managing your beneficial interest i.e. your trustee,
executor (where the deceased left a will) or administrator (where the deceased left no
will):
(7) Please state the name of the party leaving you the beneficial interest:
(9) If probate or letters of administration have been granted, please state the case no. for
the grant:
(10) Please provide details of the assets listed in Question 20 and state the estimated value
of each asset and the basis for the estimation:
11B.
Please be informed that you, (name of officer of judgment debtor), have been summoned by the
abovementioned judgment creditor to attend at the Supreme Court on (date and time) to:
(a) provide answers to the questions set out herein; and
(b) produce documents set out below:
(i) the Companys bank statements for the past 6 months;
(ii) the Companys audited returns for the last period of assessment;
(iii) the Companys last 3 statements from the Central Provident Fund (CPF) Board;
(iv) the Companys last 3 statements from the Central Depository (CDP) and/or its
securities broker or fund manager in respect of its shares, bonds and/or unit trusts;
(v) the Companys motor vehicle log card/printout of its motor vehicle registration details
and hire purchase agreement in respect of the Companys motor vehicle;
(vi) the Companys lease agreements, title deeds or certificates of title in respect of its
properties, or its rental agreements.
Please answer these questions carefully as the Court will require you to confirm on oath that
your answers are true to the best of your knowledge, information and belief. Please bring this
completed questionnaire and the documents with you at the Court hearing.
IMPORTANT NOTICE: You are required to attend the hearing unless you have obtained
the consent of the judgment creditor to dispense with your attendance in Court or to discharge the
Order requiring your attendance. If you fail to attend the hearing without obtaining the consent of the
judgment creditor, the judgment creditor may commence committal proceedings against you for your
failure to attend Court. The penalty that may be imposed by Court for such failure is fine and/or
imprisonment.
You may therefore wish to contact the solicitor for the judgment creditor (name of law firm
and solicitor having conduct of the case) at (address and telephone contact no.) to obtain the consent
of the judgment creditor for the necessary dispensation and discharge. You may also choose to engage
your own solicitor to advise you on your rights and duties in relation to these proceedings.
Personal particulars
1. Full Name:
2. NRIC/Passport No.:
3. Home Address:
4. Mobile Number:
5. Email Address:
6. Please state the position you are holding in the Judgment Debtor (the
Company).
Company particulars
8. Please state whether the Company declared any dividends this year or the last
year:
Yes/ No. If yes, please state when the dividends were declared, and how much
was declared.
Remuneration
Yes/No. If yes, please state how much remuneration each officer receives.
Auditors
10. Please state the name and address of the accountants and auditors of the
Company.
11. Please state the date when the accounts of the Company were last audited.
12. Please state the date when the Company last filed its Annual Returns with the
Accounting and Corporate Regulatory Authority.
14. Please state whether the Company has taken any steps to apply or is it in the
process of applying to Court for a Scheme of Arrangement to compromise its
debts with its creditors under the Companies Act.
15. Please state whether the Company owns any immovable property locally or i Immoveable
overseas. property means
houses,
Yes/No. If yes, please provide details in Annex B. apartments etc.
16. Please state the following if the Company is leasing any immovable property:
(b) period of tenancy, amount of monthly rental paid and due date of rental; and
17. Please state whether the Company has any tenants/subtenants in respect of the
owned or leased properties.
19. Please state the following if the Company has any bank accounts (held solely
and/or jointly) or safe deposit boxes:
(a) name and branch of the Bank where the account or safe deposit box is
maintained;
(c) type of account held (e.g. current, savings, fixed deposit, overdraft);
(e) the balance due to the Company at this date (for fixed deposits, please state the
date of maturity and the amount due to the Company at that date)
21. Please state if the Company owns any shares and/or unit trusts,
22. Please state if the Company owns any other assets, savings or investments not i Assets include
thus far.
antiques,
collectibles,
Yes/No If yes, please provide details in Annex C jewellery,
paintings,
royalties from
intellectual
property, club
membership etc.
Other Matters
23. Are there any goods on the Companys premises that do not belong to the Company
but belong to other people or are jointly owned with others? If so, please list the goods
and how such ownership can be established.
24. What offer of repayment do you wish to make to the judgment creditor?
Confirmation statement
Particulars of Debtors
Name Contact Particulars Amount Due date for How did the debt
owed payment arise?
(2) Please state the following if the Company has commenced legal proceedings against its
debtors to recover its debt:
(b) Period of tenancy, amount of monthly rental received and due date of rental:
(a) The registration number, make and colour of the motor vehicle(s):
(c) If on hire purchase, the name of the finance company and the amount outstanding
under the hire purchase agreement:
ANNEX C
(1) Please identify the beneficiaries under the policies apart from the Company.
(2) If applicable, please state the dates when each of the Companys policies will mature and the
surrender value as at this date.
(4) If the Company owns unit trusts, please state the name of the bank/financial institution
managing the unit trusts:
(5) Please state the estimated value of the shares/unit trusts and the basis for estimation:
The documents itemised below are listed in accordance with paragraph 87(3) of these
Practice Directions. Insofar as these documents have already been filed in the electronic
case file in (to state the case no.) or are available in the electronic case file, they are, for the
purpose of complying with Order 57, Rule 9(2) of the Rules of Court, deemed to be filed.
1. Notice of appeal
2. Certificate of payment of security for
costs
Record of proceedings:-
3. (a) (to be itemised)
4. (b) (to be itemised)
5. (c) (to be itemised)
6. Affidavit of evidence in chief of X
7. Affidavit of evidence in chief of Y
Pleadings:-
8. (a) (to be itemised)
9. (b) (to be itemised)
Documents relevant to the matter
Decided and the nature of the
appeal:-
10. (a) letter dated xx/yy/zzzz
11. (b) the affidavit of Z Eg pages 4 to 15*
12. Judgment or order appealed from
* Specific pages must be stated if the party only intends to include in the form of record of
appeal a portion of a document which is filed or is available in the electronic case file.
The format of the separate table of contents under paragraph 87(5) is as follows:-
The documents itemised below are listed in accordance with paragraph 87(3) of these
Practice Directions. Insofar as these documents have already been filed in the electronic
case file in (to state the case no.) or are available in the electronic case file, they are, for the
purpose of complying with Order 57, Rule 9(2A) of the Rules of Court, deemed to be filed.
* Specific pages must be stated if the party only intends to include in the form of core
bundle a portion of a document which is filed or is available in the electronic case file.
See Form 12 for the format of the separate table of contents under paragraph 87(5).
14.
The documents itemised below are listed in accordance with paragraph 87(3) of these
Practice Directions. Insofar as these documents have already been filed in the electronic
case file in (to state the case no.) or are available in the electronic case file, they are, for the
purpose of complying with Order 57, Rule 9A(2A)*, deemed to be filed.
* The references should be changed to Order 57, Rule 9A(5C) and O 57, R 9A(5C)(a)
respectively in relation to any supplemental core bundle filed with an Appellants Reply.
** Specific pages must be stated if the party only intends to include in the form of
supplemental core bundle a portion of a document which is filed or is available in the
electronic case file.
See Form 12 for the format of the separate table of contents under paragraph 87(5).
14A.
Sworn/Affirmed at ..)
thisday of 20.)
Before me
..
Commissioner for Oaths
Note: Please note that the affidavit is to be sworn/affirmed in accordance with Form
78 of the Rules of Court and the above is only an illustration.
14B.
[Title in action]
NOTE: You should check if you qualify for Legal Aid (see
<https://www.mlaw.gov.sg/content/lab/en/eligibility/do-i-qualify-for-
legal-aid.html>) before filling this form. If you qualify for Legal Aid,
you can only use this form if you have applied for Legal Aid and your
application has been rejected.
Section 1
Name of applicant:
Occupation:
Contact Address:
Section 2
This application relates to court fees for [e.g., the filing of a notice of appeal] in the
sum of S$____________________
Please state if you are applying for waiver or deferment. [A waiver or deferment
of appeal court fees will only be granted in exceptional circumstances]:
a full waiver;
a partial waiver of _________________________________________ ; or
the payment to be deferred until ______________________________
Date
or
If you do not qualify for Legal Aid, briefly state the reasons why this is so:
If you qualify for Legal Aid, please confirm if you have made an application with
the Legal Aid Bureau:
Yes No
If you have made an application with the Legal Aid Bureau, was your
application successful:
Yes No
If your application with the Legal Aid Bureau was not successful, briefly state
the reasons why this is so:
Section 3
Please provide the reasons for your request (for example, details of any undue
financial hardship which may be suffered by you if you had to pay the court fee):
I am not employed
I am employed and my total monthly income for the last 3 months is $__________
I run my own business and my total monthly income is $_________.
I am a bankrupt and my bankruptcy number is __________.
Please state the assets in your ownership (e.g., house, other property, car, boat,
shares):
Please state your debts and liabilities (e.g., mortgage, hire purchase, repayment of
loans) below and attach the necessary documentation in support at the back of this
form.
Please state the number of dependents which you have: _________
mortgage/rent $________________
food/groceries $________________
phone/internet $________________
petrol/travel $________________
insurance $________________
Please state how much income the other members of your household contribute to
meeting these monthly living expenses:
Please state if you are able to raise the monies from other sources, and provide details
of your efforts in seeking funding.
If you are the appellant, please describe the appeal. Briefly explain the grounds of
appeal.
_____________________
Name of applicant
_____________________
Signature
_____________________
Date
15.
INDEX TO VOLUME I
INDEX TO VOLUME II
INDEX TO VOLUME IV
INDEX TO VOLUME V
Suit No. of 20
Bill of Costs No. of 20
GST Reg. No. (solicitors for [state the party]): [Set out the GST number]
GST Reg. No. (state the party): [Indicate the GST number or No GST No. and the percentage of
input tax applicable to each party entitled to costs.]
Between
.. Plaintiff(s)
And
.. Defendant(s)
4. Discovery
4.1 Number of lists [Set out the number of lists of
of documents documents, including
supplementary lists, filed by each
party.]
4.2 Total number of [Set out the number of documents, [Provide such
documents with the total number of pages, information as is
disclosed disclosed by each party.] relevant, such as the
number of pages that
overlap.]
5. Trial
5.1 Opening [Set out the number of pages of
statement opening statement filed by each
party.]
5.2 Number of days [Indicate the total number of days [Provide such
and date(s) of fixed for trial, the actual number of information as is
relevant, such as
trial. days taken and the date(s) of the
whether digital or
trial.] mechanical recording
was used during the
trial].
No. Item Description Remarks
5.4 Affidavits of [Set out the number of affidavits
evidence in filed by each party and the total
chief text and number of pages of text and
exhibits exhibits of all affidavits filed].
5.5 Bundle of [Set out the number of volumes and
documents the total number of pages in each
bundle filed in respect of the trial].
5.6 Witnesses at [Set out the number of witnesses of
trial fact and expert witnesses for each
party].
5.7 Closing [Set out the number of pages and
submissions and authorities cited in the closing
authorities cited submissions, if any, of each party].
5.8 Submissions in [Set out the number of pages and
reply and authorities cited in the reply
authorities cited submissions, if any, of each party].
5.9 Other post-trial [Set out the number of pages and
filings/matters authorities cited in any other
documents, filed by each party].
6. Complexity of Cases
6.1 Legal issues [Set out succinctly all the legal
issues raised].
6.2 Factual issues [Set out succinctly all the factual
issues raised].
6.3 Complexity [Set out succinctly the matters that
affect the complexity of the case].
6.4 Grounds of [Set out the number of pages in the
decision grounds of decision and highlight
the paragraph(s) where the Court
commented on the complexity of the
case or the novelty of the issues
raised].
Suit No. of 20
Bill of Costs No. of 20
GST Reg. No. (solicitors for [state the party]): [Set out the GST number]
GST Reg. No. (state the party): [Indicate the GST number or No GST No. and the
percentage of input tax applicable to each party entitled to costs.]
Between
.. Plaintiff(s)
And
.. Defendant(s)
1. The Claim
1.1 Nature of claim [Give a brief description of the nature of
claim, such as whether the substantive claim
is for breach of contract or negligence].
2. Application / Proceedings
2.1 Nature of [Give a brief description of the nature of
application or proceedings or application to which the bill
proceedings for relates, eg., for an appeal or interlocutory
taxation application].
No. Item Description Remarks
3. Interlocutory attendances
3.1 Interlocutory [Set out in relation to each interlocutory [Set out the amount of
applications costs application, the application number, the time taken for the hearing
fixed by Court nature of the application, the number of and such other relevant
affidavits filed, the orders made on costs information as enabled
and the amount of costs awarded]. the Court to determine
the costs awarded for the
application].
3.2 Interlocutory [Set out in relation to each interlocutory [Set out the amount of
applications costs application, the application number, the time taken for the hearing
not fixed by Court nature of the application, the number of and such other
affidavits filed and the orders made on information as will
costs]. enable the Court to
determine the costs to
award for
the application].
3.3 Appeals to Judge in [Set out in relation to each appeal, the [Set out the amount of
chambers appeal number, the nature of the appeal, time taken for the hearing
the orders made on costs and the amount and such other
of costs awarded, if any]. information as will
enable the Court to
determine the costs to
award for the appeal].
3.4 Other attendances [Set out the dates and the nature of [Set out the amount of
hearings if there are other attendances in time taken for the hearing
Court which should be taken into and such other relevant
consideration.] information as will
enable the Court to
determine the costs to
award for the hearing.]
4. Hearing
4.1 Number of [Indicate the total number of days or hours [Provide such
days/hours and fixed for the hearing, the actual number of information as is
date(s) of hearing days or hours taken and the date(s) of the relevant, such as whether
hearing.] digital or mechanical
recording was used].
4.2 Documents (apart [Set out the number of volumes and the
from written total number of pages in each bundle filed
submissions and in respect of the hearing].
authorities)
4.3 Witnesses (if any) [Set out the number of witnesses of fact
and expert witnesses for each party, if
any].
5.2 Factual issues [Set out succinctly all the factual issues
raised].
6.2 Importance to client [Set out the factors that rendered the suit
one of importance for the party entitled to
claim costs].
7.3 Meetings with [Set out the total number of meetings, and
opposing counsel the time taken for them].
7.4 Time spent [Set out the total number of hours spent on
the case by each counsel or solicitor].
No. Item Description Remarks
7.5 Others [Set out any other relevant factors for the
Courts consideration].
8.2 Certificate of more [Indicate if the Court has certified that the
than 2 counsel costs of more than two counsel are
allowed].
9. Costs claimed
9.1 Amount claimed Amount claimed for [specify name of
counsel or solicitor]: $ [insert amount].
[Set out in relation to each counsel or
solicitor, the amount of costs claimed for
Section 1, with a breakdown of
(a) the amount claimed for work done
by the counsel or solicitor;
(b) the percentage of input tax for which
a party entitled to claim costs is not
entitled to credit;
(c) the amount of input tax for which a
party entitled to claim costs is not
entitled to credit; and
(d) the GST claimed for work done, in
relation to the periods for which
different rates of GST are
applicable, including the period for
which no GST is chargeable.]
Section 2: Work done for taxation
10. Work done [Describe the work done for the
preparation of the bill of costs and the
taxation of the bill].
12. [Set out in different [Set out the amount of each disbursement
rows the dates or claimed].
period of time when
each disbursement is
incurred].
In the matter of
2. Complexity of matter
2.1 Legal issues [Set out succinctly all the legal issues
raised].
2.2 Factual issues [Set out succinctly all the factual issues
raised].
3.3 Meetings with client [Set out the total number of meetings and
the time taken].
3.4 Meetings with other [Set out the total number of meetings and
parties (by class) the time taken].
3.6 Time spent [Set out the total number of hours spent
on the case by each counsel or solicitor].
3.7 Other relevant work [Set out any other relevant factors for the
Courts consideration].
5. Cost claimed
5.1 Amount claimed Amount claimed for [specify name of
counsel or solicitor]:
$ [insert amount].
[Set out in relation to each counsel or
solicitor, the amount of costs claimed for
Section 1, with a breakdown of
(a) the amount claimed for work done
by the counsel or solicitor;
(b) the percentage of input tax for which
a party entitled to claim costs is not
entitled to credit;
(c) the amount of input tax for which a
party entitled to claim costs is not
entitled to credit; and
(d) the GST claimed for work done,
in relation to the periods for which
different rates of GST are applicable,
including the period for which no GST is
chargeable.]
No. Item Description Remarks
Section 3: Disbursements
Between
Plaintiff
And
Defendant
[State the party for whom the costs schedule is filed e.g., PLAINTIFFS or DEFENDANTS] COSTS SCHEDULE
Stage of proceedings Work done Estimated party-and- Disbursements Total
party costs (Section III Costs)
(Section I Costs)
[Give a brief description of the nature of claim, such as whether the substantive claim is for breach of contract or negligence].
[Give a brief description of the [Give a brief description of the work [Set out the estimated [Set out the amount of
nature of each stage of proceedings, done, the documents filed (including party-and-party costs to be disbursements incurred. There is
e.g., close of pleadings and the affidavits filed), the number of claimed for each stage of no need for a breakdown of
completion of general discovery]. pages of each document filed, the proceedings if successful]. standard disbursements such as
amount of time taken for the hearing, filing fees, service fees, transport
and such other relevant information as charges, photocopying charges,
will enable the Court to determine the telephone and facsimile charges.
costs to be awarded]. There should be a breakdown of
expert fees, assessor fees,
translator fees, hearing fees and
such other non-standard items of
disbursements as the Court may
specify].
TOTAL
COMPLETED INTERLOCUTORY APPLICATIONS / INTERLOCUTORY APPEALS WITH COSTS ORDERS MADE IN [State the party for whom
the costs schedule is filed e.g., PLAINTIFFS or DEFENDANTS] FAVOUR
Completed interlocutory applications with costs orders made and quantum fixed
Interlocutory Application Work done Quantum of costs order Disbursements Costs recovered or
(Section III Costs) to be recovered
[Set out in relation to each [Set out in relation to each interlocutory [Set out in relation to each [Set out the amount of [Set out the total
interlocutory application, the application, the documents filed interlocutory application, the disbursements amount of costs
application number and the nature (including the affidavits filed), the amount of costs awarded]. incurred. There is no (inclusive of
of the application, e.g., striking number of pages of each document filed, need for a breakdown disbursements)
out]. the amount of time taken for the hearing, of standard recovered or to be
and such other relevant information as disbursements such recovered].
enabled the Court to determine the costs as filing fees, service
awarded for the application]. fees, transport
charges,
photocopying
charges, telephone
and facsimile
charges. There
should be a
breakdown of other
non-standard items of
disbursements as the
Court may specify].
Completed interlocutory applications with costs orders made but quantum not fixed
TOTAL
*The figures in the tables above exclude GST (if applicable), costs of taxation, costs of any appeals (which have not taken place and which are not anticipated
as at the date of this costs schedule) and costs of enforcing any judgment.
19.
Suit No. of .
Bill of Costs No. of .
GST Reg. No. (solicitors for [state the party]): [Set out the GST number]
GST Reg. No. (state the party): [Indicate the GST number or No GST No. and the percentage of
input tax applicable to each party entitled to costs.]
Between
Plaintiffs.
And
Defendants.
Take notice that the solicitors for the ___________________ intend to dispute the
following items in Bill of Costs No. _____________ of ____________ lodged in respect of this
matter.
NOTICE OF DISPUTE
[Date]
The Registrar
Supreme Court
1 Supreme Court Lane
Singapore 178879
Dear Sir
I, [name of managing partner of law practice], am the managing partner of [name of law
practice], [law practice UEN], and I am duly authorised to make this application on behalf of [name
of law practice].
2. The law practice of [name of law practice] hereby applies to be a registered user of the
electronic filing service, eLitigation, established under Order 63A of the Rules of Court.
4. The duly completed application form and subscriber agreement with the designated electronic
filing service provider, CrimsonLogic Pte Ltd, for the use of the electronic filing service, eLitigation,
and the duly completed application form for interbank GIRO payment facilities for the payment of all
fees and charges incurred by my law practices use of the electronic filing service are annexed hereto.
Yours faithfully
For Official Use Only
Approved Rejected
[Signature of authorised signatory]
[Name and designation of authorised signatory]
Signature/Date
21.
Date:
Part I
Name of lawyer/secretary-in-charge
of matter : ________________________________________
Address : ________________________________________
_________________________________________
_________________________________________
_________________________________________
1. Interactive Display Board with HD display (MITv2) ($100 per day or part
thereof)
2. Audio visual Cart with projector (MITv1) ($100 per day or part thereof)
3. Video conferencing Mobile Cart (MVC) ($250 per day or part thereof)
(Title as in action).
Note:
If freight is to be arrested, insert the words and of the said vessels cargo for the freight
mentioned in the warrant or if cargo and freight are to be arrested, insert the words and
of the said vessels cargo and freight mentioned in the warrant.
An Undertaking is hereby given that the Sheriff shall be indemnified and be provided with sufficient
funds as and when required by the Sheriff to meet the charges and expenses that may be incurred in
consequence of these instructions.
__________________
Solicitors
25.
[This form is to be annexed to an affidavit and filed separately with the Court as well. It will be
annexed to the grant of representation.]
SCHEDULE OF ASSETS
Total (S$)
26.
CERTIFICATE OF NOTIFICATION
I, [name of person effecting the notification] (ID No. ), certify that I have notified
the abovenamed P of this Originating Summons on [date] at [address where notification took place].
The notification complies with Order 99, rule 6 of the Rules of Court and Paragraph 150(10) of the
Supreme Court Practice Directions. In particular, P was notified of [please specify the matters which
P was notified of].
...
Signature and name of person effecting notification
APPENDIX A
27.
Case Number:
Names of Lead Counsel:
Are there any days when you will not be able to attend court for the appeal hearing?
Yes No
If Yes, please provide details
Applications
Do you have any applications (ie CA Summonses) to make in this appeal?
Yes No
If Yes, state the nature of the application (eg, application to strike out the appeal, application to
adduce new evidence, application for judge(s) to be recused, etc).
Number of
Application Brief Description of Application
Judges required1
1
See sections 30 and 36 of the Supreme Court of Judicature Act (Cap 322)
Possible Alternative Dispute Resolution
Would some form of Alternative Dispute Resolution assist to resolve or narrow the disputes on
appeal? Has this been considered between the party/parties and its legal representatives and/or
explored with other party/parties to the appeal?
Costs
What do you estimate your costs of the appeal incurred to date to be?
Para. 35C
ADR Offer
The Applicant(s) are willing to attempt mediation/ neutral evaluation/ others (please state)*
Please state proposals, e.g. possible dates for the ADR session, reference to particular
ADR body, appointment of particular ADR practitioner, venue, etc.
* Delete as appropriate
Name of Applicant(s):
Signature of Applicant(s):
Signature of Authorised
Representative of Insurance
Company (if applicable):
29.
Para 35C
Response to ADR Offer
The Respondent(s) are willing to accept the following proposals of the Applicant(s):
Please state counter-proposals, e.g. possible dates for the ADR session, reference to
particular ADR body, appointment of particular ADR practitioner, venue, etc.
* Delete as appropriate
This is to certify that:
The Court in exercising its discretion as to costs shall, to such extent, if any, as
may be appropriate in the circumstances, take into account the parties conduct in
relation to any attempt at resolving the cause or matter by mediation or any other
means of dispute resolution
_______________________
Signature of Respondent(s):
Name:
Date:
Name of Counsel
(if applicable):
Signature of Counsel
(if applicable):
Name of Authorised
Representative of Insurance
Company (if applicable):
Signature of Authorised
Representative of Insurance
Company (if applicable):
APPENDIX B
Para. 64(1)
WAITING PERIODS
Pre-trial conferences
(a) Where the writ has not been served. 6 weeks from the date of commencement
of writ
(b) Where the writ has been served or 8 weeks from the date of service of
memorandum of appearance has been writ/memorandum of appearance
entered.
5. Originating Summons
(a) Inter Partes Originating Summons 6 weeks from the date of filing
7. Applications for summary judgment 5 weeks from the date of filing (statutory
pursuant to Order 14 minimum period)
10. Review of Taxation before Judges 3 weeks from the date of filing
13. Registrars Appeals (from High Court) 4 weeks from the date of filing
for appeals involving assessment of
damages
____________________________________
* Formerly known as praecipe.
14. Appeals in civil matters from the State 4 weeks from the of receipt of the record
Courts (District Court Appeals and of proceedings from the State Courts
Small Claims Tribunals Appeals)
15. Pre-trial conference in Criminal Cases 12 weeks from date accused is first
charged in the State Courts
16. Trials of Criminal Cases 6 weeks from date of the final Criminal
Case Disclosure Conference or Pre-trial
Conference before trial (whichever is later)
17. Appeals in criminal matters from the 12 weeks from the date of receipt of the
State Courts (Magistrates Appeals) record of proceedings
Court of Appeal
Suit No. of 20
Bill of Costs No. of 20
Between
(1) AAA
(2) BBB
.. Plaintiffs
And
CCC
.. Defendant
2. Pleadings
2.1 Writ & statement Writ: 3 pages Statement of claim:
of claim 20 pages
Defendants counterclaim:
$500,000 damages plus interest
Declaration
For Ms DEF-
Suit No. of 20
Bill of Costs No. of 20
GST Reg. No. (solicitors for appellant): 12345
GST Reg. No. (1st appellant): 67890 (20%)
2nd appellant: No GST Reg. No. (100%)
Between
AAA
BBB
.. Appellant
And
CCC
.. Respondent
1. The claim
2. Application / Proceedings
3. Interlocutory attendances
4. Hearing
5. Complexity of cases
9. Costs claimed
9.1 Amount claimed [Please refer to the sample used for trials and
modify as appropriate.]
11. Amount claimed [Please refer to the sample used for trials and
modify as appropriate.]
Section 3: Disbursements
And
2. Complexity of matter
Consideration of various
alternative
proposals.
Section 3: Disbursements
No. Date Description and amount Remarks
claimed
8. 15/6/04 Land title search (fees): $ xx
Para. 123
_____________________________
*Formerly known as praecipe.
APPENDIX E PART 1
Part V
Where electronic discovery and inspection is contemplated, parties should discuss and consider, with
a view to agreeing to as much as possible, the aspects relating to electronic discovery and inspection,
including the following:
Typically, the custodians will eventually be called as witnesses in the trial. The key
witnesses are also likely to be the custodians of key documents.
(b) The physical locations where the documents and any reasonable searches will be
conducted.
Identify the computing equipment, communication and storage devices, etc for each
custodian. Examples include personal and notebook computers, tablets, mobile phones,
removable storage devices like flash drives and external hard disks, external storage media
like optical discs, cloud-based storage, etc. Parties should be aware that there may be
centralised online or networked storage locations which may be accessible by the custodians.
Consider the amount of printed documents that will be disclosed during discovery.
Discuss whether printed documents should be digitised, and if so, whether the digitised
electronic copies should be subjected to text-conversion using Optical Character Recognition
(OCR) software to facilitate searching. Documents with typewritten text will undergo OCR
conversion with a higher degree of accuracy than documents containing handwritten text and
drawings.
(c) The precise date range of requested documents, including the period during which the
requested documents were created, modified, and/or sent received, if necessary.
For example, electronic mail, instant messages, Short Message Text messages, web-based
electronic mail, etc.
Discuss the keywords to be used with reference to the issues in dispute and pleadings. Try to
avoid common words which will result in many hits. It is useful to consider the following
categories of search terms and/or phrases:
(i) names, nick names and e-mail addresses of key witnesses or custodians;
(ii) search terms and/or phrases derived from the names of projects or products;
(iii) search terms and/or phrases derived from significant events, eg date or
location of a key meeting or discussion,
Be familiar with the search engine that will be used and explore the use of search operators
(eg proximity searches).
2. Use of software tools to facilitate searches and to save costs
(a) The use of search engines and the preparation of the search engine.
Documents which are image files (these include image-based PDF files) and which
have not undergone text conversion using OCR software will not be searchable. Similarly,
electronic documents which are password protected or encrypted may not be indexed by the
search engine and hence may not be searchable.
Parties should also be aware of the foreign language capabilities of the search engine that will
be used and be familiar with the amount of electronic documents which are in different
languages.
(b) The use of de-duplicating software, and/or the methods used to identify duplicate documents.
(c) The format(s) of documents which parties accept for the purposes of the discovery.
Document review software platforms are able to produce a set of discoverable documents in
PDF or TIFF documents or, increasingly, in native format. Production in native format is
preferred. If production is in PDF or TIFF formats, the original electronic documents in native
format should remain available for inspection, if necessary.
Where search terms are used, the search results are deemed to be relevant and
discoverable subject to review for the purpose of identifying privileged documents.
Parties should not expend additional time, effort and resources to review search results for
relevance.
(a) The methods to be used to identify privileged documents and other non- discoverable
documents.
Search terms may be considered to identify potentially privileged documents for the privilege
review. For example, the email addresses of solicitors, the law firms file reference number,
without prejudice, legal privilege, legal advice privilege, litigation privilege, etc.
Where legible parts of documents are to be redacted, the redacted document can be
provided in PDF or TIFF format. Where internal metadata is to be redacted, the redacted
documents can be provided as a new version (without the metadata) in native format or in
PDF or TIFF format.
(a) Conducting preliminary searches on the agreed repositories using the agreed search terms
and limits.
Preliminary searches are conducted after parties have agreed on the repositories and also the
limits (eg time periods). The agreed search terms are used to run a search in order to identify
whether there are some search terms that will lead to little or no hits and whether there are
those search terms that will lead to too many hits. This does not entail either party viewing the
contents of documents in the search results (at least not the full contents, perhaps highlights of
documents if the search engine supports this function). This in intended to assist parties in
discarding search terms with little or no hits and to refine the search parametersand/or
operators for search terms that turn up too many hits.
(b) The use of data sampling methods to test the suggested search terms.
Data sampling requires that parties agree to a sample of documents, which is ideally
representative of the documents which will eventually be given during discovery. A sample
may be, for example, selected electronic mail and softcopy folders of a key custodian. A
reasonable search is conducted and the documents in the search results reviewed. This is
intended to assist parties arrive at a useful set of search terms for the actual reasonable search.
Safeguards to preserve privilege will have to be agreed by parties. As this method is resource
intensive, parties should agree to limit the number of times data sampling is used to test the
efficacy of search terms.
(c) The use of a staged approach in the discovery of electronic documents, if appropriate.
In staged discovery, parties agree to discover documents from the repositories of key
custodians or witnesses initially. After reviewing the documents, they may then agree to
proceed to discovery of other custodians or witnesses, or they may agree that the initial stage
is sufficient for general discovery and proceed with specific or further discovery. Staged
discovery is useful if there are a few key custodians who have the majority of the relevant and
material documents in the repositories under their possession, power or control.
Inspection may be carried out by an operator who will retrieve each document that is to be
inspected, and display it on the display panel. He will then manipulate the document on the
screen at the request of the party entitled to inspection. Parties may also need to consider a
protocol that will allow the solicitors for the party giving discovery to prevent disclosure of
privileged information (including metadata), where relevant.
(c) The supply of copies of documents, if any, and the format and manner in which the
copies will be supplied.
Apart from optical discs, parties may discuss supply of copies on removable hard
disks, flash drives, online storage folders, etc.
(a) Whether production of deleted documents which are recoverable only with forensic
techniques is necessary and proportionate.
(b) Whether production of data archived using backup software and stored off-line on
backup tapes or other storage media is proportionate and economical.
(c) Whether metadata is stored externally, and if so, whether production of externally
stored metadata is necessary.
(a) The appointment of a joint computer expert for the acquisition of the Original Acquired
Image where there is to be forensic inspection of electronic medium or recording devices.
(b) Whether the joint computer expert will also be appointed to carry out the reasonable search
on the electronic medium or recording device, or parties will appoint their own computer
expert to carry out the reasonable search.
(c) The costs of and incidental to the conduct of the search, including the costs of appointment of
any joint experts.
APPENDIX E PART 2
Part V
[eg for each custodian, the repositories to be identified as well as the classes of
electronically stored documents electronic mail, correspondence, letters, etc.]
(b) The party giving discovery shall take reasonable steps to decrypt encrypted files or
encrypted storage locations, media or devices in order to identify discoverable
electronically stored documents. This may include taking reasonable steps to obtain
the decryption code and/or using reasonable technical means to perform decryption of
the encrypted files or encrypted storage locations, media or devices.
(c) For the avoidance of doubt, electronically stored documents residing in folders or
directories in storage locations, media or devices, including folders or directories
where temporarily deleted files are located (for example the Recycle Bin folder or
Trash folder) are within the scope of general discovery. Electronically stored
documents that are (i) not reasonably accessible, for example deleted files or file
fragments containing information which are recoverable through the use of computer
forensic tools or techniques during a forensic inspection of the unallocated file space
or file slack, (ii) files and folders which are not known to the party giving discovery to
be hidden in the file system, and (iii) documents archived using backup software and
stored off-line on backup tapes or other storage media are not within the scope of
general discovery.
(d) Reasonable search. The search terms or phrases specified in the first column will be
used in the conduct of a reasonable search for relevant electronically stored
documents. The reasonable search will be limited by the scope described in the
second column.
(f) Data sampling. Parties agree to perform a reasonable search of the following repositories in
sub-paragraph (d) above: [insert a sample of the custodians and repositories by referencing
the table in sub-paragraph (d)]. Parties shall review the search results within seven (7) days
of being provided with the same; and within a further seven (7) days, parties shall meet to
discuss whether the keywords and/or the repositories identified in sub-paragraph (d) above
need to be revised. Data sampling in accordance with the terms of this sub-paragraph shall be
performed no more than twice.
(g) No review for relevance. Subject to paragraph 3 (Review for privileged material)
below, each partys obligation to conduct a reasonable search is fulfilled upon that
party carrying out the search to the extent agreed in this plan; the party giving discovery shall
not be required to review the search results for relevance.
2. Format of list
The list of documents shall categorise and list electronically stored documents separately
from documents in printed or other form. The list of documents enumerating electronically
stored documents shall include the following columns: [contents of table for illustration]
Nothing in this plan shall prevent the party giving discovery from reviewing the documents in
any list provided hereunder for the purpose of claiming privilege. If the party giving discovery
claims privilege over any document or record, he shall list the electronic documents or class
of electronic documents over which privilege is claimed in the list of documents.
(a) Arrangements for inspection. The place for inspection of discoverable electronic
documents should be stated separately if it is different from the place for inspection
of other discoverable documents. If the party entitled to inspect intends to inspect
through or with the assistance of its appointed computer expert, such computer expert
shall provide an undertaking of confidentiality to the party giving inspection before
he commences his inspection.
(b) Supply of copies. During inspection, copies shall not be taken. If copies are required,
a request should be made. Electronic copies of discoverable documents will be
supplied in their native format and in read-only optical discs upon request. Electronic
copies of discoverable documents where privilege is claimed only with respect to
their internally stored metadata information will be supplied in the Tagged Image
File Format (or TIFF) with privileged metadata information removed. For each of the
read-only optical discs supplied, a further list stating the storage format version of
the optical disc and enumerating the list of electronic documents stored therein shall
be provided.
Parties agree that the protocol for forensic inspection of electronic media or recording devices
(Appendix E Part 3) shall apply for the inspection of the following:
Notwithstanding compliance with the procedures in this plan, nothing in this plan is intended
to be or shall be taken to amount to a waiver of privilege.
For the avoidance of doubt, nothing in this plan shall compel any party to give discovery of
any document or produce any document for inspection which is not otherwise discoverable
under Order 24, Rules 7 or 13 of the Rules of Court (Cap 322, R5) [(where the party giving
discovery is a bank) or disclose customer information in a manner contrary to its banking
secrecy obligations].
APPENDIX E PART 3
Part V
(a) Joint appointment. The party producing the electronic media or recording device for
inspection (the Producing Party) and the party entitled to inspection of the
electronic media or recording device thus produced (the Inspecting Party), may
jointly appoint a computer expert (the Joint Expert) for the purpose of making a
forensic copy of such electronic media or recording device (the Original Acquired
Image). The Joint Experts role shall be restricted to the acquisition of the Original
Acquired Image and the performance of a reasonable search on a copy of the
Original Acquired Image in accordance with the terms of this protocol. Before the
Joint Expert commences his appointment, he shall provide, and shall procure that
each of his employees, representatives, agents or sub-contractors involved in the
engagement provides, an undertaking of confidentiality to the Court and to all parties
concerned in the inspection.
(b) Costs and expenses of Joint Expert. All costs and expenses relating to the
appointment of the Joint Expert under this protocol shall initially be borne equally
between the Producing Party and the Inspecting Party. Nothing in this protocol is
intended to or shall be taken to prevent any party to the cause or matter from seeking
the recovery of such costs and expenses in accordance with the Rules of Court (Cap
322, R5).
(c) Individual appointments. Nothing in this protocol shall prevent the Producing Party,
the Inspecting Party and any other party concerned in the inspection, from appointing
his own computer expert.
(a) Where Joint Expert appointed. The Joint Expert shall acquire the Original Acquired
Image under the supervision of all parties concerned in the inspection, their
representatives or computer experts. Sufficient copies of the Original Acquired Image
shall be made as necessary in order that the Producing Party and each of the
Inspecting Party may be supplied with an electronic copy of the Original Acquired
Image. The Joint Expert shall provide sufficient information with the copy of the
Original Acquired Image to enable each partys computer expert to access the copy
supplied.
The Original Acquired Image shall be sealed and delivered to the custody of the
Producing Party, who shall enumerate it in a list of documents to be filed under Order
24 of the Rules of Court (Cap 322, R5).
(b) Where Joint Expert not appointed. The Producing Partys computer expert shall be
responsible for acquiring the Original Acquired Image under the supervision of all
parties concerned in the inspection, their representatives or computer experts.
Sufficient copies of the Original Acquired Image shall be made as necessary for the
purposes of inspection and reasonable search to be provided under this protocol.
The Original Acquired Image shall be sealed and delivered to the custody of the
Producing Party, who shall enumerate it in a list of documents to be filed under Order
24 of the Rules of Court (Cap 322, R5).
(a) Conduct of reasonable search. The Inspecting Party shall specify or describe the
search terms or phrases to be used in a reasonable search to be conducted on the
contents of a copy of the Original Acquired Image to the Producing Party and the
Joint Expert.
If the Producing Party does not object to the search terms or phrases so specified or
described, he shall communicate his consent to the Joint Expert and the Inspecting
Party. The Joint Expert shall make arrangements for the conduct of the reasonable
search on a copy of the Original Acquired Image under the supervision of all parties
concerned in the inspection, their representatives or computer experts.
If the Producing Party objects to any or all of the search terms or phrases so specified
or described, he shall forthwith inform the Joint Expert. The parties shall resolve such
objections before any further steps are taken for the conduct of the reasonable search.
The Joint Expert shall not take any further steps for the conduct of the reasonable
search until:
A copy of the documents or records that are the results of the reasonable search (the
Search Results) shall be made and released to the Producing Party.
(b) Review for privileged material. The Producing Party shall be at liberty to
review the Search Results for the purpose of claiming privilege. If the Producing
Party claims privilege over any document or record from the Search Results, he shall
list the electronic documents or records over which privilege is claimed.
(c) Release for inspection. Thereafter, the Joint Expert shall remove copies of any
documents or records over which privilege is claimed from the Search Results (the
Redacted Search Results). The Joint Expert may maintain a separate privilege log
which records the documents or records which are thus removed and the reasons
given for doing so. For the avoidance of doubt, the privilege log shall not be included
in the Joint Experts report but the Joint Expert shall produce the privilege log to the
Court if so directed by the Court.
The Redacted Search Results shall be released to the Inspecting Party for
inspection together with the list of electronic documents or records over which
privilege is claimed.
(a) Conduct of reasonable search. The Inspecting Party shall specify or describe the
search terms or phrases to be used in a reasonable search to be conducted on the
contents of a copy of the Original Acquired Image to the Producing Party. If the
Producing Party objects to any or all of the search terms or phrases so specified or
described, parties shall resolve such objections before any further steps are taken for
the conduct of the reasonable search.
(b) Review for privileged material. The Producing Party shall be at liberty to
review the Search Results for the purpose of claiming privilege. If the Producing
Party claims privilege over any document or record from the Search Results, he shall
list the electronic documents or records over which privilege is claimed.
(c) Release for inspection. Thereafter, the Producing Party shall remove copies of any
documents or records over which privilege is claimed from the Search Results. The
Redacted Search Results shall be released to the Inspecting Party for inspection
together with the list of electronic documents or records over which privilege is
claimed.
This paragraph applies to the forensic examination of a copy of the Original Acquired
Image for the purpose of identifying electronically stored documents thereon or for the
recovery of deleted files or file fragments from unallocated file space or file slack using
computer forensic tools or techniques. A Joint Expert shall be appointed for the purpose of
such forensic examination.
(a) Conduct of forensic examination. The Inspecting Party shall specify or describe the
search terms or phrases to be used in the forensic examination to be conducted on the
contents of a copy of the Original Acquired Image to the Joint Expert. The Joint
Expert shall not at any time disclose to the Producing Party the search terms or
phrases specified or described by the Inspecting Party and shall not include the search
terms or phrases in his report.
The Joint Expert shall make arrangements for the conduct of the forensic examination
on a copy of the Original Acquired Image. Neither the Inspecting Party nor the
Producing Party, or any of their solicitors, computer experts, employees,
representatives or agents shall be present during the conduct of the forensic
examination.
A copy of the documents or records that are the results of the reasonable search (the
Search Results) shall be made and released to the Producing Party. The Producing
Party is not entitled to a copy, and shall not request the Joint Expert for a copy, of the
search terms or phrases specified or described by the Inspecting Party.
(b) Review for privileged material. The Joint Expert and the Producing Party
shall jointly review the Search Results for the purpose of permitting the Producing
Party to identify electronically stored documents, deleted files or file fragments over
which he claims privilege. If the Producing Party claims privilege over any
electronically stored documents, deleted files or file fragments from the Search
Results, he shall identify them to the Joint Expert. The Producing Party shall list the
electronic documents, deleted files or file fragments over which privilege is claimed.
(c) Release for inspection. Thereafter, the Joint Expert shall remove copies of any
electronic documents, deleted files or file fragments over which privilege is claimed
from the Search Results (the Redacted Search Results). The Joint Expert may
maintain a separate privilege log which records the electronic documents, deleted files
or file fragments which are thus removed and the reasons provided for the request.
For the avoidance of doubt, the privilege log shall not be included in the Joint
Experts report but the Joint Expert shall produce the privilege log to the Court if so
directed by the Court.
The Redacted Search Results shall be released to the Inspecting Party for inspection
together with the Producing Partys list of electronic documents, deleted files or file
fragments over which privilege is claimed.
Notwithstanding compliance with the procedures in this protocol, nothing in this protocol is
intended to be or shall be taken to amount to a waiver of privilege.
For the avoidance of doubt, nothing in this protocol shall compel any party to give discovery
of any document or produce any document for inspection which is not otherwise discoverable
under Order 24, Rules 7 or 13 of the Rules of Court (Cap 322, R5) [(where the party giving
discovery is a bank) or disclose customer information in a manner contrary to its banking
secrecy obligations].
APPENDIX E PART 4
Part V
REASONABLY USABLE FORMATS
Office documents
Microsoft Office file formats Word 97-2007 Binary File Format (.doc)
Specification
PowerPoint 97-2007 Binary File Format (.ppt)
Specification
Excel 97-2007 Binary File Format (.xls)
Specification
Excel 2007 Binary File Format (.xlsb)
Specification
Office Drawing 97-2007 Binary Format
Specification
Electronic Mail
Images
Audio
Video
QuickTime MOV
Para. 99A
Between
And
BBB Defendant
The plaintiff (Pf) is a developer which engaged the defendant (Df) architect to carry out the design of a building which subsequently
developed defects.
1
This sample costs schedule is for illustrative purposes only. The figures used in this sample should not be used as precedents or authorities to support any amount claimed.
Stage of proceedings Work done Estimated party-and- Disbursements Total
party costs
(Section III Costs)
(Section I Costs)
The Pfs claim is for damages in excess of S$5m for breach of duties owed to it in contract and at common law (in negligence) by the Df.
The Pf alleges, among other things, that the Df was negligent in designing the building.
Causes of action:
(a) Contract: breach of contractual duty to design building that was fit for purpose; and
(b) Negligence: breach of common law duty to exercise reasaonable skill and care in designing the building.
Defence raised:
(a) Defects were caused by ground conditions which were not communicated to the Df. The Df was not required to carry out soil
investigations under the terms of his engagement.
Exchange of Affidavits of 3 witnesses of fact and 2 S$45,000 Experts fees for S$90,000
Evidence-in-Chief expert witnesses (1 preparation of reports:2
architect, 1 geotechnical S$40,000
(including in connection with expert) for the Pf.
expert reports) 2 witnesses of fact and 2
expert witnesses (1
architect, 1 geotechnical Others:3 S$5,000
expert) for the Df.
2
There should be a breakdown of expert fees, assessor fees, translation fees, hearing fees and such other non-standard items of disbursements as the Court may specify.
3
There is no need for a breakdown of standard disbursements such as filing fees, service fees, transport charges, photocopying charges, telephone and facsimile charges, etc.
Stage of proceedings Work done Estimated party-and- Disbursements Total
party costs
(Section III Costs)
(Section I Costs)
Set down and Commencement Includes work done for S$80,000 Experts fees for pre-trial S$155,000
of Trial getting up, meetings with meetings: S$30,000
clients, meetings with
experts, research on case
law, preparing objections
to AEICs. Hearing fees for 10-day
Opening statement: 20 trial:4
pages.
S$37,000
Others: S$8,000
End of Trial and Closing Trial of 10 days in a single S$200,000 Experts fees for attendance S$253,000
Submissions tranche. of trial: S$50,000
Work includes cross-
4
Non-standard items such as hearing fees for a trial of more than 3 days should be specified.
Stage of proceedings Work done Estimated party-and- Disbursements Total
party costs
(Section III Costs)
(Section I Costs)
Completed interlocutory applications with costs orders made and quantum fixed
SUM 111/2013 Pfs application for further & better S$2,500 including S$1,500 S$2,500
particulars. disbursements
Further & better
particulars Summons: 3 pages (including schedule)
Affidavit: 6 pages
Approximately 1 hour hearing on normal
OS/SUMS list before AR
SUM 222/2013 Pfs application for specific discovery. S$2,500 plus reasonable S$1,500 S$4,000
disbursements
Specific discovery Summons: 3 pages
Affidavit: 10 pages
Approximately 45 minutes hearing on
normal OS/SUMS list before AR
Completed interlocutory applications with costs orders made but quantum not fixed
SUM 333/2013 Dfs application to strike out paragraphs of S$3,000 plus reasonable S$1,500 S$4,500
Statement of Claim. disbursements
Striking out
Reply affidavit: 20 pages
Approximately 1 hour hearing on normal
OS/SUMS list before AR
The figures in the tables above exclude GST (if applicable), costs of taxation, costs of any appeals (which have not taken place and which are not anticipated as at the
date of this costs schedule) and costs of enforcing any judgment.
APPENDIX G
Para. 99B
1. This Appendix provides guidelines for party-and-party costs in the Supreme Court
(the Costs Guidelines).
2. These Costs Guidelines have been approved for publication by the Judges of the
Supreme Court. It is intended to provide a general indication on the quantum and
methodology of party-and-party costs awards in specified types of proceedings in the
Supreme Court, taking into account past awards made, internal practices and general
feedback.
3. The precise amount of costs awarded remains at the discretion of the judicial officer
making the award, who may depart from the amounts set out in these Costs
Guidelines depending on the particular circumstances of each case (see in particular
Order 59, Appendix 1 of the Rules of Court). Nothing in these Costs Guidelines is
intended to guide or influence the charging of solicitor-and-client costs.
4. Litigants in person should take note of Order 59, Rule 18A of the Rules of Court, the
application of which shall remain unaffected by these Costs Guidelines.
5. It should further be noted that in the event of an appeal, costs awards made by the
court of first instance may be supplemented or otherwise modified by the appellate
court as appropriate.
6. The Supreme Court may from time to time review these Costs Guidelines.
II. Costs Guidelines for Summonses
A. General Guidelines
Costs ($)
Nature of Application
(excl disbursements)
Uncontested 500 1,000
Contested
Application on normal list lasting less than 45 mins 1,000 3,000
Application on normal list lasting 45 mins or longer 2,000 6,000
Complex or lengthy application fixed for special hearing 4,000 15,000
(duration of 3 hrs)
B. Specific Summonses
Costs ($)
Nature of Application
(excl disbursements)
Adjournment 350 500
A. Section 1 Costs
(i) Party-and-Party Costs for trials (except for matters which are settled before or
during trial)
Daily Tariff
$20,000
$10,000 $15,000 $17,000 $20,000
$30,000
Motor Simple tort, Complex Defamation Admiralty;
accident contract, tort or Banking / letters
corporate/company contract Medical negligence of credit /
law disputes international
(no novel issues of Complex finance
law or complex corporate/company
facts) law disputes Construction
Illustration:
Application of tariff to motor accident claim taking up 12 hearing days
Day 1 to Day 5: $10,000 * 5 = $50,000
Note: Where figures assessed by reference to the above are lower than those provided for matters
in respect of which settlement has been reached, the awards made may have regard to the figures
in section (ii) below.
(ii) Party-and-Party Costs for matters which are settled before judgment
Settled after trial has Costs for utilised hearing days shall be calculated in
commenced accordance with the tariff amounts set out above.
In addition, costs for remaining unutilised hearing days
to be calculated in accordance with the aforesaid
weightage:
o 60% of tariff for each of first 5 unutilised hearing
days;
o 40% of tariff for each unutilised hearing day from the
6th to 10th unutilised hearing days;
o 20% of tariff for each unutilised hearing day from the
11th to 20th unutilised hearing days;
o 10% of tariff for each unutilised hearing day from the
21st unutilised hearing day onwards.
Illustration:
Application of tariff to motor accident claim fixed for 12 hearing days and settled on 1st
day of hearing
Day 1 $10,000 * 1 = $10,000
A. Section 1 Costs
(i) Party-and-Party Costs for ADs (except for matters which are settled before or
during AD hearing)
Daily Tariff
$5,000 $8,000 to $12,000
Motor accident Non-motor accident
Note: Where figures assessed by reference to the above are lower than those provided for matters
in respect of which settlement has been reached, the awards made may have regard to the figures
in section (ii) below.
(ii) Party-and-Party Costs for ADs which are settled before judgment
DIVISIONAL REGISTRARS
Para 35B(3)
1.1 MEDIATION
1.2 NEUTRAL EVALUATION
1.3 EXPERT DETERMINATION
1.4 CONCILIATION
2.1 Consider with your client what your client wants to achieve, and then advise
which route would be quicker, most economic and most likely to achieve the
objective, and then seek the consent of the other party or parties to that course.
2.5 MEDIATION All disputes, regardless of the basis for them, their nature or their
provenance are capable of resolution through mediation provided all disputants
are willing to seek resolution if they can. The Advocate and Solicitors duty is to
explain the advantages of mediation, the mediation process itself, and what might
be achieved over and above what remedies are available through the courts. The
attached comparison table might assist in explaining the advantages and
disadvantages to your clients.
3. MEDIATION
3.1 The essential advantage for the client in mediation is that the client is an active
partner in the process, takes part in fashioning the resolution, and has the final say
on whether or not to accept the settlement.
3.2 Quintessentially, the sort of disputes which are ideal for resolution through
mediation are:
3.3 This list is by no means exhaustive. Some foreign judicial statements suggest that
cases involving fraud may not be suitable for mediation. However, fraud can be
dealt with in mediation not least because the process is confidential and
privileged plain talking often diffuses fraud allegations. Moreover, withdrawal
of such allegations, as with all allegations made by litigants, is commonly a term
of any settlement agreement.
3.4 If the case is a test case, or likely to set a judicial precedent for future cases, then
mediation might not be suitable. However, it must be remembered that not every
client would wish to fund litigation to establish a precedent, and very often a
settlement resolves all the other pending cases. Mediation can deal with class
actions.
3.5 Two popular reasons for litigating: a matter of principle; or a desire for revenge
or punishment; are the very disputes which are better suited for mediation than
litigation. Principles are very expensive at law. Few litigants, seeking
retribution, come away from a court hearing satisfied. However bitter the dispute,
it is likely to be resolved more permanently than a judgment given after a court
hearing. Give and take is infinitely better than All or Nothing.
4. MEDIATION IS A PROCESS NOT A PERIOD OF TIME
4.1 Remember there is no right time to mediate. The wrong time to mediate is
when the legal costs are disproportionate to the claim so that they are the issue in
the mediation rather than the original dispute. Essentially, you need to know your
clients case and the case of the other party(ies) sufficiently well to enable you to
give advice and enable the mediator to assist both parties towards a resolution. If
you are in doubt or cannot agree with the other party what needs to be disclosed,
you may wish to seek further directions from the court to facilitate mediation.
4.2 Remember that mediation can be undertaken at any time and need not be
concluded in a day.
4.3 To give your client the best chance of resolving the issue, decide with your client
and the other sides legal representatives what is essential to know before the
mediation: what documents might need to be disclosed; whether more details are
required about the quantum being claimed; whether any expert evidence might be
necessary to assist the mediator in his task.
4.4 It is the experience of some jurisdictions where mediation has been part of the
legal landscape for decades that some disputes need more than one attempt at
mediation before resolution is achieved. Even if settlement is not achieved, it is
the invariable experience that issues are refined and often reduced during a
mediation with the consequent saving of court time and costs for your client.
The following table is a simple guide to the essential differences between
Litigation and Mediation as a means of resolving commercial disputes:
Litigation Mediation
Loser often pays all the costs Each party pays their own
costs
1.1 In order for a claimant to consider whether he has a viable claim or cause of action
against his doctor and/or hospital (health care providers) for medical negligence, a medical
report and medical records of the patient from the health care providers are often essential.
1.2 The aim of Part One of the High Court Protocol for Medical Negligence Cases (the
Protocol) is to establish a protocol on pre-action specific discovery of documents. It is to
prescribe a framework for pre-writ exchange of information with a view to resolving medical
negligence disputes without protracted litigation. It is hoped that this will help to standardise
and streamline the disclosure of medical records to a claimant who is considering pursuing a
medical negligence claim. It aims to facilitate the exchange of relevant information and medical
records so as to increase the prospect that medical negligence disputes can be resolved quickly.
1.3 Part One of the Protocol will apply from the time a claimant contemplates commencing
a medical negligence suit in the High Court against his health care providers.
2.2 If the claimant and/or his legal adviser wish to obtain copies of medical records from
the health care provider, this should also be made clear in the letter of request. The various
type(s) of medical records that the claimant and/or his legal adviser may seek from the health
care provider are set out in Form 1. However, as the medical records to be sought from the
health care provider would depend on the nature and focus of the complaint, the type of medical
treatment rendered and advice sought as well as whether the health care provider is a medical
doctor and/or hospital, the medical records listed in Form 1 are not exhaustive, but act as a
guide. The claimant and/or his legal adviser can request any other medical record(s) that are
relevant and necessary for the claim.
2.3 As the above and the sample letter of request are guides only, the contents of the actual
letter of request and medical report can be suitably modified depending on the facts and nature
of medical management of each case.
2.4 The application for the medical report/medical records should be accompanied by a
Consent Form set out in Form 2 of this Appendix J signed by the claimant authorising the
health care provider to release the medical report/medical records to the claimants legal
adviser.
2.5 Within 7 days of receipt of the application, the health care provider is to inform the
claimant what the requisite charges are for the medical report/medical records.
2.6 The medical report and medical records should be provided to the claimant within 6
weeks of payment of the requisite charges. The claimant may, where necessary, seek further
information or clarification from the health care provider on any aspect of the report and the
health care provider should respond within 4 weeks from receipt of such further request.
2.7 If the health care provider has difficulty complying with the timeline prescribed above,
the problem and reason for the difficulty must be explained to the claimant in writing and the
necessary extension of time sought.
2.8 If the health care provider fails to provide the requisite medical report, medical records
and/or clarification within the timelines prescribed above or agreed extension period, the
claimant can proceed to apply to the Court for an order for pre-action discovery under Order
24 Rule 6 of the Rules of Court, without further notice to the health care provider. The Court
will take into account any unreasonable delay in providing the said medical records when
considering the issue of costs.
PART TWO: COMMENCEMENT OF SUIT AND PRE-TRIAL PROCEEDINGS
3. Part Two of the Protocol relates to the commencement of High Court cases for medical
negligence cases and the pre-trial procedures undertaken in such cases.
7.1 Part Three of the Protocol sets out the framework for the appointment and scope of
involvement of a medical assessor at various stages of medical negligence proceedings.
7.2 A medical assessor is a qualified medical professional whose role is to assist the Judge
on specialised and technical aspects of a case so that the Judge may reach a properly informed
decision. The Judge is the sole arbiter of the dispute. The role of the medical assessor does not
extend to rendering an opinion to the Judge.
Dear Sir
[Patients full name/ NRIC Number]
We are instructed by [name of claimant] / [deceaseds next-of-kin]. The above-named
patient received medical treatment/ operation at your hospital / medical practice on [date] to
[date].
2 Following the medical treatment/operation, our client instructed us that he was [briefly
describe the patients present condition or symptoms] / [briefly describe the deceaseds
symptoms or condition after treatment and date of passing].
3 In light of the above, our client is contemplating a medical negligence suit to claim for
damages against [name of attending doctors] and/or [the hospital].
4 Please let us have a comprehensive medical report stating:
(a) the symptoms presented by the claimant or the deceased prior to the treatment;
(b) clinical findings;
(c) diagnosis;
(d) treatment prescribed, risks in such treatment (if any) and when and how these risks
were communicated to the claimant or the deceased and/or his next-of-kin;
(e) whether alternatives to the prescribed treatment were discussed and disclosed to
the claimant or deceased and/or his next-of-kin and if so, why the prescribed
treatment was preferred over these alternatives;
(f) assessment of the claimants condition at the last consultation and the cause of such
condition or the cause of the deceaseds death (if applicable);
(g) prognosis and recommended future treatment, if available.
5 We also request copies of all medical records that are in the hospitals possession,
including but not limited to the following:
(a) admission records;
(b) medical and clinical notes including letters of the patients' referral letters by doctors
(from family clinics, polyclinics or other clinics/institutions);
(c) nursing notes;
(d) observation charts and documents on the health of the claimant or deceased during
the treatment or stay in the hospital;
(e) laboratory test results;
(f) radiological scans, images and reports;
(g) consent forms;
(h) surgical records including anaesthetic records;
(i) pharmaceutical records, including fluids intake records and outputs;
(j) histological slides, images and reports;
(k) blood transfusion records;
(l) maternity records and cardiotocography (CTG) records (where claims involve
matters relating to maternity and paediatric issues);
(m) physiotherapy and rehabilitative treatment records;
(n) records of family conferences.
6 Please let us know within 7 days from the receipt of this letter the requisite charges for
the medical reports and/or medical records. Upon payment of the requisite charges by our
client, please let us have the said medical report and/or medical records within 6 weeks as
prescribed under the High Court Protocol for Medical Negligence Cases found in Appendix J
of the Supreme Court Practice Directions.
7 The consent form authorising the release of the patients medical records/medical report
to us is enclosed.
FORM 2
SAMPLE CONSENT FORM AUTHORISING RELEASE OF MEDICAL REPORT
AND OTHER RELATED MEDICAL RECORDS TO SOLICITORS
Date:
[Patients full name/ NRIC Number]
I, [full name of patient] / [full name of executor and/or administrator of deceaseds
estate] hereby consent to and authorise the Medical Records Officer, [name of hospital /
medical practice], to furnish [my] / [the deceaseds] medical report and/or other related medical
records to my solicitors [name of law firm] pursuant to their letter of request dated [date].
Signature:
NRIC No.
FORM 3
APPLICATION FOR APPOINTMENT OF ASSESSOR
Case number:
Date:
Details of Plaintiff/Defendant/Third Party/Others (please state)
Applicant:
The applicant would like to apply for the appointment of a medical assessor, for the following
reasons:
The applicant has/has not* informed the claimant and/or respondent(s) of this application. If
the respondent(s) has been so informed, please state if the respondent(s) consents to the
application:
*Delete as appropriate
Name of applicant:
Name of counsel (if
applicable):
Law firm (if applicable):
Signature of applicant /
counsel (if applicable):