PART 2 | Purpose of this Part (P. 2, r. 1) |
1.—(1) This Part provides an overview of an action commenced under these Rules from the date of commencement to the date of conclusion, including appeals.| (2) An action does not need to proceed in precisely the same way as set out in this Part. |
|
| Commencement and service of action (P. 2, r. 2) |
2.—(1) A claimant may commence an action under these Rules by filing an originating claim or an originating application.| (2) The claimant has to take reasonable steps to serve the originating claim with a statement or claim, or the originating application supported by affidavit, on a defendant expeditiously. |
|
| Notice of intention to contest or not contest claim (P. 2, r. 3) |
3.—(1) A defendant who is served an originating claim with a statement of claim has to file and serve a notice of intention to contest or not contest the claim.| (2) If the defendant fails to file and serve such a notice or states in the notice that the defendant does not intend to contest the claim, the Court may give directions for the claimant to set down the action for trial and for the claim to be tried on affidavit evidence. |
|
| Defence or affidavit and challenge to jurisdiction (P. 2, r. 4) |
4.—(1) A defendant who wishes to contest an originating claim or an originating application has to file and serve his or her defence to an originating claim, or his or her affidavit if he or she wishes to introduce evidence in the originating application.| (2) If the defendant is challenging the jurisdiction of the Court on the ground that the parties have agreed to refer their dispute to arbitration or on any other ground, he or she need not file and serve his or her defence or affidavits on the merits but must file and serve a defence or affidavit stating the ground on which he or she is challenging the jurisdiction of the Court. |
(3) The challenge to jurisdiction may be for the reasons that the Court —| (a) | has no jurisdiction to hear the action; or | | (b) | should not exercise jurisdiction to hear the action. |
|
| (4) A defendant who is challenging the jurisdiction of the Court has to state so in his or her defence or affidavit, and the filing and service of such a defence or affidavit will not be treated as submission to the jurisdiction of the Court. |
|
| Case conference (P. 2, r. 5) |
5.—(1) A case conference will be fixed after an originating claim or an originating application is issued.| (2) The Court may direct a party to attend the case conference personally, in addition to the party’s solicitor. |
| (3) If no party attends the case conference or if the claimant is absent, the Court may dismiss the action. |
(4) If the claimant attends the case conference but has not served the claimant’s originating claim or originating application on the defendant, the Court may —| (a) | dismiss the action if it is not satisfied that the claimant has taken reasonable steps to effect service expeditiously; or | | (b) | order the claimant to serve the action or to apply for substituted service, and fix another case conference. |
|
(5) If the claimant attends the case conference but the defendant is absent, the Court may —| (a) | where the claimant has filed an originating claim — give directions for the claimant to set down the action for trial and for the claim to be tried on affidavit evidence; or | | (b) | where the claimant has filed an originating application — give judgment for the claimant if the claimant proves that the originating application has been served on the defendant. |
|
(6) If both the claimant and defendant attend the case conference but the defendant has not filed and served his or her defence or affidavit, the Court may —| (a) | where the claimant has filed an originating claim — give directions for the claimant to set down the action for trial and for the claim to be tried on affidavit evidence; or | | (b) | give further directions for the filing and service of the defence or the defendant’s affidavit. |
|
| (7) Where, at any time during a case conference, the parties agree to a resolution of all or any of the issues in dispute in the proceedings, the Court may enter judgment in the proceedings or make any order to give effect to that resolution. |
| (8) The Court will consider whether there is scope for the parties to resolve their dispute other than by litigation. |
(9) If the defendant is challenging the jurisdiction of the Court, the Court will —| (a) | direct the defendant to file and serve the necessary application with a supporting affidavit; | | (b) | direct the claimant to file and serve any affidavit in reply, with no further affidavits to be filed without the Court’s approval; and | | (c) | fix the application for hearing after all affidavits have been filed and served. |
|
(10) Where —| (a) | a notice of action has been served on any person; and | | (b) | the person files a notice of intention to contest or not contest the claim and becomes a defendant to the action, |
| the Court may give directions for the person to file and serve his or her defence or affidavit. |
|
| (11) A case conference may be adjourned, either generally or to a particular date, as may be appropriate. |
|
| Conduct of case conference (P. 2, r. 6) |
6.—(1) At a case conference, the Court may do all or any of the following:| (a) | consider any matter including the possibility of settlement of all or any of the issues in the proceedings and require the parties to provide the Court with any relevant information that it thinks fit; | | (b) | give any directions, including any directions under Part 3 of these Rules; | | (c) | dispense with any requirement under these Rules as the Court considers appropriate or necessary; | | (d) | extend the time under these Rules or any direction of the Court for the filing of any document or affidavit; | | (e) | grant permission to any party in relation to any matter under these Rules for which the Court’s permission is required, despite that party not filing an application to obtain that permission. |
(2) Without affecting paragraph (1), the Court may, at a case conference, give any directions that the Court thinks fit in relation to any of the following matters:| (a) | the filing of pleadings or affidavits in order to identify —| (i) | the issues in the action; and | | (ii) | any person who is not a party to the action but who will or may be affected by any judgment given in the action; |
| | (b) | in the case of a probate action, the exchange of affidavits of testamentary scripts by the parties; | | (c) | the issuance and service of a notice of action on any person who is not a party to the action but who will or may be affected by any judgment given in the action; | | (d) | the capacity, as trustee, personal representative or mortgagee, in which any party sues or is sued. |
|
|
| Directions for defence or affidavit on merits (P. 2, r. 7) |
7.—(1) If the defendant challenges the jurisdiction of the Court and fails, the Court will give directions to the defendant to file his or her defence or affidavit on the merits.| (2) Where there is no challenge to the jurisdiction of the Court, the Court will consider all matters necessary to bring the proceedings to a conclusion in accordance with the Ideals. |
|
| Affidavits of evidence-in-chief (P. 2, r. 8) |
| 8. The Court may order the parties to file and exchange affidavits of evidence‑in‑chief of all or some witnesses after pleadings have been filed and served but before any exchange of documents and before the Court considers the need for any application. |
| Applications in pending proceedings (P. 2, r. 9) |
9.—(1) Where the Court does not make any order described in Rule 8, or where the Court has made an order as described in that Rule, after affidavits of evidence‑in‑chief of the witnesses have been filed and exchanged, the Court will give the necessary directions in respect of the following matters:| (a) | addition or removal of parties; | | (b) | consolidation of actions; | | (c) | division of issues at trial to be heard separately; | | (d) | security for costs; | | (e) | further and better particulars of pleadings; | | (f) | amendment of pleadings; | | (g) | filing of further pleadings; | | (h) | striking out of part of an action or of the defence; | | (i) | judgment on admission of facts; | | (j) | determination of questions of law or construction of documents; | | (k) | production of documents; | | (l) | interim relief; | | (m) | expert evidence and assessors; | | (n) | independent witness and interested non‑parties; | | (o) | independent counsel. |
| (2) If further pleadings need to be filed, the Court will order such pleadings to be filed and served. |
| (3) Pleadings after the defence or the defence to counterclaim cannot be filed without the Court’s approval. |
| (4) Further affidavits cannot be filed for an originating application without the Court’s approval after the defendant files the defendant’s affidavit on the merits. |
| (5) As far as possible, the Court will order each party to file a single application pending trial for all the matters stated in paragraph (1). |
| (6) The Court will direct the party applying to file and serve an affidavit in support of the application and the other party to file and serve an affidavit in reply. |
| (7) The application will be heard after all affidavits have been filed and served. |
(8) No other application may be taken out by any party at any time except as directed at the case conference or with the Court’s approval, unless it is an application for any of the following:| (a) | an injunction or a search order which may include an application for any other matter if it is incidental to the injunction or search order; | | (b) | substituted service; | | (c) | service out of Singapore; | | (d) | setting aside service of an originating process; | | (e) | striking out the whole of an action or a defence; | | (f) | stay of the whole action; | | (g) | stay of enforcement of a judgment or an order; | | (h) | an application for an order under section 11A(2)(c), (d) or (e), (3)(a), (b), (c), (d) or (e), (5)(c), (d) or (e) or (6)(a), (b), (c), (d) or (e) of the Family Justice Act 2014; | | (i) | an application for the permission of the Court —| (i) | to do anything otherwise prohibited under an order made under section 11A(2)(c) or (d), (3)(c) or (d), (5)(c) or (d) or (6)(c) or (d) of the Family Justice Act 2014; or | | (ii) | under section 11A(2)(e), (3)(e), (5)(e) or (6)(e) of the Family Justice Act 2014 (as the case may be) to file any application to amend, vary or discharge any order mentioned in sub‑paragraph (i); |
| | (j) | an enforcement order; | | (k) | permission to appeal; | | (l) | transfer of proceedings under the Family Justice Act 2014; | | (m) | setting aside third party proceedings; | | (n) | permission to make an application for a committal order. |
|
| (9) The Court’s approval to file further applications other than those directed at a case conference has to be sought by letter setting out the essence of the intended application and the reasons why it is necessary at that stage of the proceedings. |
| (10) Except in a special case and with the trial Judge’s approval, no application may be taken out during the period starting 14 days before the commencement of the trial and ending when the Court has made its decision. |
| (11) The trial Judge’s approval has to be sought by letter setting out the essence of the intended application and explaining why there is a special case. |
| (12) All applications to the Court have to be served on all other parties to the application except where the other party cannot or need not be served. |
|
| Appeals in applications (P. 2, r. 10) |
10.—(1) Appeals against the Court’s decision made in an application may be filed only if the law allows.| (2) If any party appeals against the Court’s decision made in an application, the matter will proceed on appeal before the appropriate appellate Court. |
| (3) The appellant has to file and serve a notice of appeal on all parties who have an interest in the appeal. |
| (4) Where permission to appeal is required, the appellant has to apply to the lower Court or the appellate Court (as required by the relevant written law) for such permission and serve the application for permission on all parties who have an interest in the appeal. |
| (5) If the lower Court (where applicable) does not grant permission to appeal, the party may apply to the appropriate appellate Court for such permission and serve the application on all parties who have an interest in the appeal. |
| (6) If permission to appeal is granted, the appellant has to file and serve a notice of appeal on all parties who have an interest in the appeal. |
| (7) Save for appeals filed under Divisions 2 and 4 of Part 12 of these Rules, the appellant has to provide security for the costs of the appeal of each respondent (or for the costs of the appeal of each set of the respondents where the respondents are represented by the same firm of solicitors). |
| (8) The appeal will proceed before the appropriate appellate Court by way of rehearing on the documents filed or used by the parties before the lower Court. |
| (9) The parties have to file and serve on all parties who have an interest in the appeal written submissions (including any bundle of authorities) on whether the lower Court’s decision should be set aside, affirmed or varied. |
| (10) No document other than the parties’ written submissions (including any bundle of authorities) may be filed in the appeal without the approval of the appellate Court. |
| (11) No further evidence may be admitted without the approval of the appellate Court. |
|
| Directions for trial or hearing (P. 2, r. 11) |
11.—(1) The Court will give directions for the trial or hearing, after the single application pending trial has been filed or after it has determined all applications.| (2) An action commenced by originating claim will generally be decided at a trial involving oral evidence and cross‑examination. |
| (3) An action commenced by originating application will generally be decided at a hearing based on affidavits. |
|
| Appeals after trial or hearing (P. 2, r. 12) |
12.—(1) Appeals against the Court’s decision after trial or after an originating application is heard may be filed only if the law allows.| (2) If any party appeals against the Court’s decision after trial or after an originating application is heard, the case will proceed on appeal before the appropriate appellate Court. |
| (3) The appellant has to file and serve a notice of appeal on all parties who have an interest in the appeal. |
| (4) Where permission to appeal is required, the party who intends to appeal has to apply to the lower Court or the appellate Court (as required by the relevant written law) for such permission and serve the application for permission on all parties who have an interest in the appeal. |
| (5) If the lower Court (where applicable) does not grant permission to appeal, that party may apply to the appropriate appellate Court for such permission if allowed by law. |
| (6) That party has to serve the application for permission to appeal on all parties who have an interest in the appeal. |
| (7) If permission to appeal is granted, that party has to file and serve a notice of appeal on all parties who have an interest in the appeal. |
| (8) The appellant has to provide security for the costs of the appeal of each respondent (or for the costs of the appeal of each set of the respondents where the respondents are represented by the same firm of solicitors). |
| (9) The appellant and the respondent have to file and serve the relevant appeal documents on all parties who have an interest in the appeal. |
| (10) No further evidence may be admitted without the approval of the appellate Court. |
|
13.—(1) Costs are in the discretion of the Court and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings at any stage of the proceedings or after the conclusion of the proceedings.| (2) The Court which heard a matter must fix the costs of the matter, unless the Court thinks fit to direct an assessment of the costs. |
| (3) In the cases to which fixed costs apply under these Rules, the amount of costs allowed are as set out in these Rules, unless the Court otherwise orders. |
|
| Enforcement (P. 2, r. 14) |
| 14. To enforce a judgment, a party takes out a single application for one or more methods of enforcement. |
| 15. The following flowchart gives an overview of the progress of an action where the Court does not make any order described in Rule 8. |
|
