Singapore International Commercial Court Rules 2021

No. S 924

Supreme Court of Judicature Act

(CHAPTER 322)

Singapore International Commercial Court
Rules 2021

In exercise of the powers conferred by section 80 of the Supreme Court of Judicature Act and all other powers enabling us under any written law, we, the Rules Committee, make the following Rules:

ORDER 1

GENERAL MATTERS

PRELIMINARY

Citation and commencement (O. 1, r. 1)

1.  These Rules are the Singapore International Commercial Court Rules 2021 and come into operation on 1 April 2022.

Application of Rules (O. 1, r. 2)

2.—(1)  These Rules apply to —

(a) every case commenced in the Court on or after 1 April 2022 (unless the case is transferred out of the Court);

(b) every case commenced in the General Division on or after 1 April 2022 and transferred from the General Division to the Court;

(c) any proceedings (either upon application or on the General Division’s own motion) for the transfer of a case from the General Division to the Court, where the case is commenced on or after 1 April 2022;

(d) every appeal to the Court of Appeal, filed on or after 1 April 2022, from a judgment or an order of the Court; and

(e) every originating application to the Court of Appeal, filed on or after 1 April 2022, in relation to a judgment or an order of the Court.

(2)  If all parties concerned consent in writing, these Rules apply with necessary modifications to —

(a) every case commenced in the Court before 1 April 2022;

(b) every case commenced in the General Division or the High Court (as the case may be) before 1 April 2022 and transferred from the General Division to the Court at any time;

(ba) any proceedings (either upon application or on the General Division’s own motion) for the transfer of a case relating to corporate insolvency, restructuring or dissolution from the General Division to the Court, where the case is commenced on or after 30 July 2020 but before 1 April 2022;

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(c) every appeal to the Court of Appeal, filed before 1 April 2022, from a judgment or an order of the Court; and

(d) every originating application to the Court of Appeal, filed before 1 April 2022, in relation to a judgment or an order of the Court.

(3)  Unless otherwise provided in these Rules or ordered by the Court, the domestic Rules of Court do not apply to the matters set out in paragraph (1).

(4)  Despite paragraphs (1) and (2), the domestic Rules of Court apply to every case transferred from the Court to the General Division on or after 1 April 2022.

(5)  For the purposes of paragraph (2)(ba), the parties concerned are every plaintiff or applicant in the case, every defendant or respondent (if any) in the case, and every third party or subsequent party (if any) in the case.

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General Principles (O. 1, r. 3)

3.—(1)  In interpreting any provision and exercising any power under these Rules, the Court seeks to achieve the following General Principles:

(a) the expeditious and efficient administration of justice according to law;

(b) procedural flexibility;

(c) fair, impartial and practical processes;

(d) procedures compatible with and responsive to the needs and realities of international commerce.

(2)  All parties must assist the Court and conduct their cases in a manner which will go towards achieving the General Principles.

Definitions (O. 1, r. 4)

4.  In these Rules, unless the context otherwise requires —

“action” means an action mentioned in section 18D(1) of the Supreme Court of Judicature Act and, where the context requires, includes any proceedings mentioned in section 18D(2), (3) and (4) of that Act;

“attend” includes the appearance by any person using electronic, mechanical or any other means permitted by the Court;

“Civil Procedure Convention” means any of the conventions set out in Appendix B and includes any convention, treaty or agreement of any description or any provision of such convention, treaty or agreement between different States relating to civil procedure in the court;

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“claimant” includes a party in the position of a claimant in a counterclaim;

“contempt of court” means contempt of court under the Administration of Justice (Protection) Act 2016 and includes, subject to section 8 of that Act, contempt of court under the common law;

“corporation” has the meaning given by section 4(1) of the Companies Act;

“counsel” means —

(a) an advocate and solicitor;

(b) a person admitted to practise as an advocate and solicitor under section 15 of the Legal Profession Act; or

(c) a full registration foreign lawyer;

“Court” means the Singapore International Commercial Court, or a judge thereof, whether sitting in open court or in chambers, and includes a judge sitting in the Court of Appeal or the Court of Appeal where appropriate, and in cases where he or she is empowered to act, a Registrar, but this provision does not affect any Rules which define or regulate the jurisdiction of the Registrar;

“defendant” includes a party in the position of a defendant in a counterclaim;

“domestic Rules of Court” means the Rules of Court, including practice directions issued by the Registrar under the Rules of Court, which are applicable to relevant proceedings in the High Court, the General Division or the Court of Appeal arising therefrom, as the case may be;

“entity” means any body of persons, whether incorporated or unincorporated;

“expert” has the meaning given by Order 14, Rule 1(1);

“foreign lawyer” has the meaning given by section 2(1) of the Legal Profession Act;

“Form” means a form prescribed under these Rules;

“full registration foreign lawyer” means a registered foreign lawyer who is granted full registration under section 36P of the Legal Profession Act;

“General Division” and “High Court”, in these Rules (other than in Order 2, Rule 2(1) and (2)), do not include the Singapore International Commercial Court;

“Judge” means a judge sitting in the Singapore International Commercial Court, and includes, in cases where he or she is empowered to act, a Registrar;

“law expert” has the meaning given by section 36O(1) of the Legal Profession Act;

“non‑court day” means a Saturday, Sunday or public holiday in Singapore;

“non‑party” means any person who is not a party in the action and includes a person who participates in it because of a statutory duty or because he or she may be affected by the Court’s decision in the action;

“memorial” includes a Memorial, Counter‑Memorial, Reply Memorial and Rejoinder Memorial as contemplated in Order 8;

“offshore case” has the meaning given by Order 3, Rule 3;

“offshore case declaration” means a declaration made under Order 3, Rule 5 that a case is an offshore case;

“ordinary service” means service effected in accordance with Order 5, Rule 3;

“personal service” means service effected in accordance with Order 5, Rule 2;

“place of business” has the meaning given by —

(a) Order 23A, Rule 1, in the case of any proceedings relating to corporate insolvency, restructuring or dissolution that are international and commercial in nature; or

(b) Order 2, Rule 1(4), in any other case;

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“pleading” includes the Statement of Claim, Defence, Defence and Counterclaim, Reply, Reply to Defence and Counterclaim, further and better particulars, and any further pleading filed under Order 6, Rule 8;

“registered foreign lawyer” means a foreign lawyer registered under section 36P of the Legal Profession Act;

“registered law expert” means a law expert registered under section 36PA of the Legal Profession Act;

“Registrar” has the meaning given by section 2 of the Supreme Court of Judicature Act;

“restricted registration foreign lawyer” means a registered foreign lawyer who is granted restricted registration under section 36P of the Legal Profession Act;

“sign” and “seal” by a Judge, Registrar or any other officer of the Supreme Court include signing and sealing by electronic or other means;

“summons” means an application to the Court in relation to an action or appeal which has to be served on other parties or non‑parties;

“summons without notice” means an application to the Court in relation to an action or appeal which does not need to be served on any other party or non‑party;

“Supreme Court” has the meaning given by section 2(1) of the Interpretation Act;

“third party” means a party brought into the action by the defendant pursuant to Order 10, Rule 10, and “subsequent party” and further parties have similar meanings;

“third-party funding contract” means a third‑party funding contract (as defined in section 5B of the Civil Law Act) entered into on or after 28 June 2021;

“Third‑Party Funder” means a Third‑Party Funder (as defined in section 5B of the Civil Law Act) under a contract mentioned in the definition of “third‑party funding contract”;

“witness statement” means a written statement signed by a person which contains the evidence which that person would have otherwise given orally;

“working day” means any day other than a non‑court day in Singapore;

“written jurisdiction agreement” has the meaning given by Order 2, Rule 1(7);

“written law” has the meaning given by section 2(1) of the Interpretation Act.

Time (O. 1, r. 5)

5.—(1)  Where any expression of time occurs in these Rules, or in any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in Singapore, namely, 8 hours in advance of Coordinated Universal Time.

(2)  In these Rules, the Interpretation Act does not apply to the calculation of time.

(3)  The word “month” means a calendar month unless the context otherwise requires.

(4)  Where an act is required to be done within a specified period after or from a specified date, the period begins on the day immediately after that date.

(5)  Where an act is required to be done within or not less than a specified period before a specified date, the period ends on the day immediately before that date.

(6)  Where an 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.

(7)  Where an act is required to be done by a specified date, the act must be done before the expiry of 11.59 p.m. of that date.

(8)  If the period in question is 6 days or less, any day that is a non‑court day is to be excluded in the calculation of time.

(9)  Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act expires on a non‑court day, the act is in time if done on the next day, not being a non‑court day.

(10)  Unless otherwise provided by these Rules or any written law, or unless the Court orders otherwise, the period within which a person is required or permitted to file, serve or amend any pleading or other document may be extended by the written consent of all parties concerned without an order of the Court, provided that the person must notify the Court of such extension in writing within one working day after obtaining such consent.

Mode of application (O. 1, r. 6)

6.  Unless otherwise stipulated by these Rules or directed by the Court, a party seeking an order or a direction pursuant to these Rules must apply by way of a summons supported by a witness statement.

Language of documents (O. 1, r. 7)

7.—(1)  All documents filed or used in the Court must be in the English language.

(2)  Unless otherwise provided by these Rules or any written law, a document which is not in the English language must be accompanied by a translation in the English language provided by a person competent to do so.

Use of foreign documents under Apostille Convention or Civil Procedure Convention (O. 1, r. 8)

8.—(1)  Despite anything in these Rules, the following documents may be received, filed or used in the Court:

(a) a foreign public document with an apostille placed on or attached to it;

(b) a document or a translation of the document that has been drawn up or certified, and duly sealed, by a court or other competent authority of a foreign country, being a country with which there subsists a Civil Procedure Convention providing for the dispensation of the authentication of such documents.

(2)  In this Rule —

“apostille” means a Convention certificate as defined by section 10 of the Apostille Act 2020;

“foreign public document” has the meaning given by section 6 of the Apostille Act 2020.

Forms (O. 1, r. 9)

9.—(1)  The Forms set out in these Rules must be used with such variations as the circumstances require.

(2)  The Forms may be varied by practice directions.

(3)  Where a Form states “Seal of the Court”, a document in that Form must bear the seal of the Court.

THE COURT

Constitution of Court and Court of Appeal (O. 1, r. 10)

10.—(1)  Subject to any written law, all proceedings in the Court must be heard by one Judge or 3 Judges.

(2)  Proceedings in the Court must be heard by 3 Judges if —

(a) the parties so agree, unless the Chief Justice directs otherwise; or

(b) the Chief Justice so directs.

(3)  Despite paragraph (2), any one of the 3 Judges appointed for any proceedings under that paragraph may hear any interlocutory application or case management conference in those proceedings.

(4)  Subject to sections 50, 54 and 58 of the Supreme Court of Judicature Act, proceedings in the Court of Appeal in an appeal from the Court must be heard by 5 judges sitting in the Court of Appeal if —

(a) the parties so agree, unless the Chief Justice directs otherwise; or

(b) the Chief Justice so directs.

General powers of Court (O. 1, r. 11)

11.—(1)  Despite any provision of these Rules but subject to paragraph (2), the Court may, if it considers that doing so is necessary or desirable for the just, expeditious and economical disposal of any proceedings in the Court —

(a) make such order as the Court considers just and appropriate; or

(b) set aside, amend or supplement any of the following:

(i) any order made under sub‑paragraph (a);

(ii) any order amended under this sub‑paragraph;

(iii) any supplementary order made under this sub‑paragraph.

(2)  Where any provision of these Rules makes the exercise of a power by the Court conditional on a party agreeing or consenting to the exercise of that power by the Court, paragraph (1) does not authorise the Court to exercise that power without the agreement or consent of that party.

(3)  Where there is no express provision in these Rules or any other written law on any matter, the Court may do whatever it considers necessary or desirable for the just, expeditious and economical disposal of any proceedings in the Court. In doing so, the Court may apply the domestic Rules of Court with such necessary modifications as the context requires.

(4)  The Court may extend or shorten the period within which a person is required or permitted by these Rules or by any judgment, order or direction, to do any act in any proceedings.

(5)  Unless these Rules otherwise provide, the Court may extend the period referred to in paragraph (4) whether the application for extension is made before or after the end of that period.

(6)  Subject to paragraph (7), where there is non-compliance with the provisions in these Rules, any written law, the Court’s orders or directions or any practice directions, the Court may exercise all or any of these powers —

(a) waive the non‑compliance;

(b) accept part of a document and reject the part that is in non‑compliance;

(c) disallow or reject the filing or use of any document;

(d) refuse to hear any matter or dismiss it without a hearing;

(e) dismiss, stay or set aside any proceedings and give the appropriate judgment or order even though the non‑compliance could be compensated by costs; or

(f) make costs orders or any other orders that are appropriate.

(7)  Where the non‑compliance is in respect of any written law other than these Rules, the Court may waive the non‑compliance only if the written law allows such waiver.

(8)  The powers of the Court under this Rule are without prejudice to any other powers of the Court under any written law.

(9)  The Court may give directions by letter or by electronic or other means.

Claim for declaration without other relief (O. 1, r. 12)

12.  The Court may make a declaratory judgment or order whether or not any other relief is sought.

THE REGISTRY AND ADMINISTRATION

Jurisdiction and powers of Registrar (O. 1, r. 13)

13.—(1)  Subject to any written law and directions by the Chief Justice, the Registrar has the jurisdiction and powers of a Judge sitting in chambers and must hear all matters in chambers only.

(2)  The Registrar may refer any matter to a Judge, who may hear the matter referred to him or her or refer it back to the Registrar with directions.

Practice directions (O. 1, r. 14)

14.  The Registrar may issue practice directions or guidelines relating to proceedings to which these Rules apply.

Registry records (O. 1, r. 15)

15.—(1)  The Registry must maintain such Court records and other documents that are required by any written law or which the Registrar considers appropriate.

(2)  The Registry may collect, use or disclose such data which the Registrar considers appropriate.

(3)  The method of collection, the storage and the period of storage of Court records, documents and data is in the discretion of the Registrar.

(4)  The Registrar may allow any person to search for, inspect and take a copy of any document filed in the Court in any action if that person —

(a) shows a valid interest in the document in question; and

(b) pays the prescribed fee.

(5)  The Registrar may redact any document in the interests of justice before a person searches for, inspects or takes a copy of the document.

(6)  Documents filed in the Court in any action and the Registry’s records must not be taken out of the Registry without the Registrar’s permission.

(7)  Unless ordered otherwise, documents filed in the Court must be typewritten and printed and must comply with any applicable provision in these Rules or any practice directions (as the case may be), relating to quality and dimensions of paper, font size, print quality, margins, copies and any other requirements.

(8)  The Registrar may authorise a person to provide a service that enables a subscriber of that service —

(a) to search such information relating to Court records and other documents mentioned in paragraph (1) as the Registrar may determine; and

(b) to search for, inspect and take a copy of any such documents filed in the Registry as the Registrar may determine.

(9)  The person authorised to provide the service mentioned in paragraph (8) must pay to the Registrar such fees for that service to have access to the information and documents mentioned in paragraph (8)(a) and (b), as may be agreed between the Registrar and that person.

(10)  Despite paragraph (4), a subscriber of the service mentioned in paragraph (8) is entitled, at any time when that service is in operation —

(a) to search the information mentioned in paragraph (8)(a), without paying the prescribed fee mentioned in paragraph (4) and without obtaining the permission of the Registrar; and

(b) to search for, inspect and take a copy of any document mentioned in paragraph (8)(b), without paying the prescribed fee mentioned in paragraph (4) and without obtaining the permission of the Registrar.

ORDER 2

JURISDICTION AND TRANSFER

Jurisdiction (O. 2, r. 1)

1.—(1)  For the purposes of section 18D(1) of the Supreme Court of Judicature Act 1969, the Court has the jurisdiction to hear and try a case if —

(a) the action between the parties when the case was first filed is of an international and commercial nature;

(b) each party named in the case when it was first filed has submitted to the Court’s jurisdiction under a written jurisdiction agreement; and

(c) the parties do not seek any relief in the form of, or connected with, a prerogative order (including a Mandatory Order, a Prohibiting Order, a Quashing Order or an Order for Review of Detention).

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(2)  In addition to paragraph (1), the Court may hear and determine —

(a) a case transferred to the Court under Rule 4;

(b) an Originating Application under Order 12, Rule 6 for the production of documents before the commencement of proceedings in the Court;

(c) an Originating Application under Order 18, Rule 1(3) for an injunction or a search order before the commencement of proceedings in the Court;

(d) proceedings relating to international commercial arbitration that the General Division may hear, as provided for under section 18D(2)(a) of the Supreme Court of Judicature Act 1969 and Order 23, Rule 3;

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(da) proceedings relating to corporate insolvency, restructuring or dissolution that are international and commercial in nature, as provided for under section 18D(2)(c) of the Supreme Court of Judicature Act 1969 and Order 23A, Rule 2; and

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(e) an Originating Application under Order 25 for permission to commit a person for contempt of court in respect of any judgment or order made by the Court.

(3)  For the purposes of section 18D(1)(a) of the Supreme Court of Judicature Act 1969 and paragraph (1)(a) —

(a) an action is international in nature if —

(i) any of the following places is situated in a State other than Singapore:

(A) the place of business of at least one party to the action;

(B) the place where a substantial part of the obligations of the commercial relationship between the parties is to be performed;

(C) the place with which the subject matter of the action is most closely connected; or

(ii) all parties named in the case when it was first filed have expressly agreed that the subject matter of the action relates to more than one State; and

(b) an action is commercial in nature if —

(i) the subject matter of the action arises from a relationship of a commercial nature, whether contractual or not;

(ii) the action relates to an in personam intellectual property dispute; or

(iii) all parties named in the case when it was first filed have expressly agreed that the subject matter of the action is commercial in nature.

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(4)  For the purposes of paragraph (3)(a)(i), a party’s place of business is —

(a) the place at which that party carries on its business at the relevant time;

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(b) if that party carries on business at more than one place at the relevant time, the place (where the party carries on its business) with the closest connection to the written jurisdiction agreement or (if there is no written jurisdiction agreement) the subject matter of the action at that time; or

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(c) if that party does not carry on business at any place at the relevant time, the party’s habitual residence at that time.

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(5)  For the purposes of paragraph (3)(b)(i), the parties to the action need not be in a relationship of a commercial nature and it is sufficient that the subject matter of the action arises out of such a relationship.

(6)  For the purposes of paragraph (4), the relevant time is —

(a) the time the parties concluded a written jurisdiction agreement; or

(b) where the case is transferred from the General Division to the Court —

(i) the time the case was commenced in the General Division; or

(ii) any such time as the General Division may determine.

(7)  For the purposes of these Rules, a written jurisdiction agreement is an agreement between 2 or more parties to submit to the exclusive or non‑exclusive jurisdiction of the Court, that is concluded or documented —

(a) in writing; or

(b) by any other means of communication that renders the information communicated accessible so as to be usable for subsequent reference.

(8)  Subject to Rule 3, where each party named in the case when it was first filed has submitted to the Court’s jurisdiction under a written jurisdiction agreement it is presumed that the action is of an international and commercial nature.

Effect of agreement to submit to Court’s or High Court’s or General Division’s jurisdiction (O. 2, r. 2)

2.—(1)  An agreement to submit to the jurisdiction of the High Court or the General Division is to be construed as including an agreement to submit to the jurisdiction of the Court, unless a contrary intention appears in the agreement.

(2)  Despite paragraph (1), where an agreement to submit to the jurisdiction of the High Court is concluded before 1 October 2016, the agreement does not of itself constitute an agreement to submit to the jurisdiction of the Court.

(3)  An agreement to submit to the jurisdiction of the Court does not of itself constitute an agreement to submit to the jurisdiction of the General Division.

Court may consider jurisdiction and exercise of jurisdiction (O. 2, r. 3)

3.—(1)  The Court may consider whether it has jurisdiction in a case, or over a claim in a case.

(2)  The Court may decline to exercise jurisdiction in a case, or over a claim in a case, if exercising jurisdiction would be contrary to the Court’s international and commercial character or would be an abuse of the process of the Court.

(3)  In relation to paragraph (2), the Court must not decline to exercise jurisdiction in a case solely on the ground that the action between the parties is connected to a jurisdiction other than Singapore, if there is a written jurisdiction agreement between the parties.

(4)  The Court may consider the matter of its jurisdiction and its exercise of jurisdiction —

(a) on its own motion at any time (after providing the parties an opportunity to be heard); or

(b) on an application by a party.

(5)  Where the Court decides that it has no jurisdiction or declines to exercise jurisdiction —

(a) the Court must transfer the case to the General Division if —

(i) the Court considers that the General Division has jurisdiction in the case, or over a claim in the case, as the case may be; and

(ii) all parties consent to the case being heard in the General Division; or

(b) the Court may dismiss or stay the case or a claim in the case (as the case may be), or make any order.

(6)  For the purposes of paragraph (5)(a)(ii), where a choice of court agreement designates the High Court or the General Division as a court for the case, the Court is to treat each party to the agreement as a party who consents to the proceedings being heard in the General Division.

(7)  The following decisions of the Court under this Rule are final for the purposes of section 29(a) of the Supreme Court of Judicature Act, unless permission to appeal is granted:

(a) a decision that the Court has and will exercise jurisdiction;

(b) a decision of the Court to transfer the case to the General Division under paragraph (5)(a).

Transfer of case to or from Court (O. 2, r. 4)

4.—(1)  A case commenced in the High Court or the General Division may be transferred to the Court, if the General Division considers that —

(a) the action, at the time of the making an order for transfer, is of an international and commercial nature;

(b) the requirement in Rule 1(1)(c) is met; and

(c) it is more appropriate for the case to be heard in the Court.

(2)  Where 2 or more cases have been consolidated in the General Division such that they proceed as a single case, the requirements in paragraph (1) apply to the consolidated case.

(3)  Subject to paragraph (4), an order to transfer a case to the Court may be made by the General Division —

(a) on its own motion (after providing the parties an opportunity to be heard); or

(b) on the application of a party for the transfer.

(4)  Where the Choice of Court Agreements Act applies in a case by virtue of section 8 of that Act, and an exclusive choice of court agreement designates the High Court or the General Division as a chosen court for the case, an order to transfer the case to the Court may be made by the General Division on its own motion at any time, or on the application of a party for the transfer, only if the requirements in paragraph (1) are met and every party to the exclusive choice of court agreement consents to the transfer.

(5)  Except where Rule 3(5)(a) applies, a case commenced in the Court may be transferred to the General Division only if a party has, with the consent of all other parties, applied for a transfer of the case to the General Division, and the Court considers that —

(a) the General Division has jurisdiction in the case; and

(b) it is more appropriate for the case to be heard in the General Division.

(6)  An order to transfer a case must be made by the court in which the case was commenced.

(7)  For the purposes of any transfer of case under this Rule, where a choice of court agreement designates the court to which the case is sought to be transferred as a court for the case, each party to the agreement is treated as having consented to the transfer of the case to that court.

(8)  Where a case is transferred —

(a) the court ordering the transfer may make any order as a consequence of the transfer;

(b) the court to which the case is transferred —

(i) must not reconsider whether it has jurisdiction unless it is shown to the satisfaction of the court to which the case is transferred that there has been a material change in circumstances such that the court may cease to have jurisdiction;

(ii) may order that any evidence already adduced in the case is to remain in evidence, even though different rules of evidence will apply in the court; and

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(iii) may make any order as a consequence of the transfer, provided that any such order is not inconsistent with any order made by the court ordering the transfer; and

(c) the parties must continue to pay the hearing fees and court fees payable in the court where the case was commenced, unless that court, upon ordering a transfer, otherwise directs.

(9)  For the purposes of paragraph (4) and Rule 5 —

(a) “chosen court” has the meaning given by section 2(1) of the Choice of Court Agreements Act; and

(b) “exclusive choice of court agreement” has the meaning given by section 3 of the Choice of Court Agreements Act.

Variation of exclusive choice of court agreement (O. 2, r. 5)

5.—(1)  In any case mentioned in Rule 4(4) where an exclusive choice of court agreement designates the High Court or the General Division, but not the Court, as a chosen court for the case, the General Division may make an order for transfer conditional upon the consent of every party to that agreement to vary it so as to designate the Court as a chosen court for the case.

(2)  Where the Choice of Court Agreements Act applies in a case mentioned in Rule 4(5) by virtue of section 8 of that Act, and an exclusive choice of court agreement designates the Court, but not the High Court or the General Division, as a chosen court for the case, the Court may make an order for transfer conditional upon the consent of every party to that agreement to vary it so as to designate the General Division as a chosen court for the case.

Dispute as to service (O. 2, r. 6)

6.  A defendant who disputes that the Originating Application or Claimant’s Statement has been served in accordance with Order 5 may apply to the Court for such relief as may be appropriate, including an order setting aside service of the Originating Application or Claimant’s Statement on that defendant.

Procedure for applications under this Order (O. 2, r. 7)

7.—(1)  Applications made under this Order must be made by summons and supported by a witness statement (or witness statements).

(2)  An application under Rule 3 or 6 must be made within 14 days after the service of a Defendant’s Statement.

(3)  An application under Rule 4 must be made within 28 days after —

(a) service of the last served Defendant’s Statement, or Defence in a case commenced in the General Division, as the case may be; or

(b) the end of the latest date by which any defendant is to serve a Defendant’s Statement, or Defence in a case commenced in the General Division, as the case may be,

whichever is later, and the supporting witness statements must explain how the relevant conditions for transfer are satisfied and exhibit the parties’ consent to the transfer, if any.

ORDER 3

LEGAL REPRESENTATION

Representation in Court (O. 3, r. 1)

1.—(1)  Parties to proceedings in the Court may be represented by —

(a) advocates and solicitors who have, under section 29(1) of the Legal Profession Act, the right to appear and plead in all courts of justice in Singapore;

(b) in specific proceedings in the Court, persons who have been admitted under section 15 of the Legal Profession Act to practise as an advocate and solicitor on an ad hoc basis for the purpose of those proceedings;

(c) in relevant proceedings as defined in paragraph (2) —

(i) solicitors registered under section 36E of the Legal Profession Act; and

(ii) full registration foreign lawyers; and

(d) in cases in respect of which the Court, or the Court of Appeal, has made an order that a question of foreign law be determined on the basis of submissions instead of proof and that a named registered foreign lawyer or a named registered law expert be permitted to make such submissions on behalf of a party —

(i) restricted registration foreign lawyers; and

(ii) registered law experts.

(1A)  Despite paragraph (1)(c), a solicitor or full registration foreign lawyer mentioned in that provision must not, when representing a party in any relevant proceedings prescribed by the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 (G.N. No. S 851/2014) for the purposes of section 36P(1A) of the Legal Profession Act 1966 —

(a) plead any matter without the permission of the Court under rule 14(1A)(a) of the Legal Profession (Regulated Individuals) Rules 2015 (G.N. No. S 701/2015) or section 36P(1A)(a) of that Act (as the case may be) read with Order 23A, Rule 5; or

(b) make a submission on any matter of Singapore law.

Explanation

The “relevant proceedings” are prescribed in rule 3A(2) of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014. They are as follows:

(a) any proceedings mentioned in section 18D(2)(c) of the Supreme Court of Judicature Act 1969;

(b) an application under Order 25 of the Singapore International Commercial Court Rules 2021 to punish for —

(i) contempt of the Singapore International Commercial Court committed in connection with any relevant proceedings mentioned in paragraph (a); or

(ii) contempt of the appellate court committed in connection with any appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any relevant proceedings mentioned in paragraph (a).

[S 754/2022 wef 01/10/2022]

(2)  For the purposes of this Rule and Rule 2, “relevant proceedings” has the meaning given by section 36O(1) of the Legal Profession Act read with rule 3 of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 (G.N. No. S 851/2014).

Explanation

“Relevant proceedings” includes —

(a) an offshore case;

(b) an action —

(i) which was treated pursuant to Rule 4 as an offshore case, but which the Court has decided under Rule 7 is not, or is no longer an offshore case; and

(ii) in which the Court has allowed, under Rule 7(4)(b), a party to continue to be represented by a registered foreign lawyer or by a solicitor registered under section 36E of the Legal Profession Act 1966;

(c) any proceedings mentioned in section 18D(2)(c) of the Supreme Court of Judicature Act 1969;

(d) an application under Order 25 to punish for —

(i) contempt of the Court committed in connection with any proceedings referred to in paragraph (a), (b) or (c); or

(ii) contempt of the appellate court committed in connection with any appeal to the appellate court from any judgment given or order made by the Court in any proceedings referred to in paragraph (a), (b) or (c); and

(e) an action in respect of which the Court or the Court of Appeal has made —

(i) an order that a question of foreign law be determined on the basis of submissions instead of proof; and

(ii) an order permitting a named registered foreign lawyer, a named registered law expert, or a named solicitor registered under section 36E of the Legal Profession Act 1966, to make submissions on the question of foreign law on behalf of a party.

[S 754/2022 wef 01/10/2022]

Representation in Court of Appeal (O. 3, r. 2)

2.—(1)  Parties to proceedings in the Court of Appeal may be represented by —

(a) advocates and solicitors who have, under section 29(1) of the Legal Profession Act, the right to appear and plead in all courts of justice in Singapore;

(b) in specific proceedings in the Court of Appeal, persons who have been admitted under section 15 of the Legal Profession Act to practise as an advocate and solicitor on an ad hoc basis for the purpose of those proceedings;

(c) in relevant appeals as defined in paragraph (2) and applications to the Court of Appeal concerning any relevant proceedings or relevant appeals —

(i) solicitors registered under section 36E of the Legal Profession Act; and

(ii) full registration foreign lawyers; and

(d) in cases in respect of which the Court, or the Court of Appeal, has made an order that a question of foreign law be determined on the basis of submissions instead of proof and that a named registered foreign lawyer or a named registered law expert be permitted to make such submissions on behalf of a party —

(i) restricted registration foreign lawyers; and

(ii) registered law experts.

(2)  “Relevant appeals” for the purposes of this Rule has the meaning given by section 36O(1) of the Legal Profession Act read with rule 3 of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014, and includes any appeal to the Court of Appeal from any judgment given or order made by the Court in any relevant proceedings.

Definition of “offshore case” (O. 3, r. 3)

3.—(1)  “Offshore case” means an action that has no substantial connection with Singapore, but does not include the following:

(a) any proceedings under the International Arbitration Act that are commenced by way of any originating process;

(b) an action in rem (against any ship or any other property) under the High Court (Admiralty Jurisdiction) Act.

(2)  For the purposes of the definition of “offshore case” in paragraph (1), an action has no substantial connection to Singapore where —

(a) Singapore law is not the law applicable to the dispute and the subject matter of the dispute is not regulated by or otherwise subject to Singapore law; or

(b) the only connections between the dispute and Singapore are the parties’ choice of Singapore law as the law applicable to the dispute and the parties’ submission to the jurisdiction of the Court.

When case may be treated as offshore case (O. 3, r. 4)

4.  A case is to be treated as an offshore case in any of the following circumstances, unless the Court subsequently decides, pursuant to Rule 7 that the case is not or is no longer an offshore case:

(a) a party has filed an offshore case declaration;

(b) the Court decides under Rule 6 that the case is an offshore case.

Offshore case declaration (O. 3, r. 5)

5.—(1)  A party to a case may file an offshore case declaration in accordance with this Rule.

(2)  An offshore case declaration must be in Form 1.

(3)  An offshore case declaration must be filed —

(a) by the claimant, together with the originating process; or

(b) by any other party, together with the first document filed by the party in the case.

(4)  An offshore case declaration filed out of time is of no effect.

(5)  An offshore case declaration must explain why the case is an offshore case, and state all the facts relevant to the explanation.

(6)  An offshore case declaration must be served on all other parties to the case.

Decision that case is offshore case (O. 3, r. 6)

6.—(1)  A party may apply to the Court for a decision that a case is an offshore case.

(2)  For cases commenced in the Court, an application under paragraph (1) must be made within the following times:

(a) for the claimant and the defendant, no later than 28 days after the service of a Defendant’s Statement;

(b) for a third or subsequent party in proceedings, no later than 28 days after the service of a Defendant’s Statement by the third or subsequent party.

(3)  For cases commenced in the High Court and transferred to the Court, an application under paragraph (1) must be made no later than 28 days after the date of the transfer order.

(4)  The application must be made by way of a summons and supported by a witness statement.

(5)  The supporting witness statement must state all the relevant facts and the reasons for deciding whether the case is an offshore case.

(6)  The application and the supporting witness statement must be served on all parties to the proceedings and any person that the Court considers may have an interest in the application.

(7)  A party who wishes to oppose the application may file a witness statement within 14 days after being served the application and the supporting witness statement.

(8)  An interested person (other than a party) who wishes to oppose the application may, with the permission of the Court, file a witness statement.

[S 294/2022 wef 03/04/2022]

(9)  The Court may decide that an action is not an offshore case even though the application is not opposed.

(10)  Subject to Rule 7, the Court’s decision as to whether an action is an offshore case is final for the purposes of section 29(a) of the Supreme Court of Judicature Act.

(11)  Despite paragraph (10), the Court may, in accordance with this Rule, decide that a case is an offshore case, even though it had previously decided that the case was not an offshore case, if there appears to the Court to be a change in circumstances since the time of its previous decision.

Decision that case is not offshore case (O. 3, r. 7)

7.—(1)  Subject to paragraph (2), the Court may at any time decide that a case is not or is no longer an offshore case, either on its own motion or on the application of a person.

(2)  An application for the purposes of paragraph (1) —

(a) must be made by way of a summons;

(b) may be made by a party at any time;

(c) may be made by an interested person (other than a party) at any time, but only with the permission of the Court;

[S 294/2022 wef 03/04/2022]

(d) must be supported by a witness statement stating all the relevant facts and reasons for determining whether the case is an offshore case; and

(e) must, together with the supporting witness statement, be served on all parties to the proceedings.

(3)  A party opposing an application may file a witness statement within 14 days after being served the application and the supporting witness statement.

(4)  Where the Court decides that a case is not or is no longer an offshore case —

(a) any offshore case declaration filed in the case ceases to have effect;

(b) the Court may, in the interests of the just, economical and expeditious disposal of the proceedings, allow a party who has been represented by a full registration foreign lawyer, or by a solicitor registered under section 36E of the Legal Profession Act, to continue to be so represented, subject to any conditions that the Court may impose; and

(c) the Court may make any consequential order it deems fit.

(5)  The Court’s decision as to whether a case is an offshore case is final for the purposes of section 29(a) of the Supreme Court of Judicature Act.

(6)  Despite paragraph (5), the Court may, in accordance with this Rule, decide that a case is no longer an offshore case, even though it had previously decided that the case was an offshore case, if there appears to the Court to be a change in circumstances since the time of its previous decision.

Validity of acts done by registered foreign lawyer or by solicitor registered under section 36E of Legal Profession Act (O. 3, r. 8)

8.  The validity of anything done in any proceedings in the Court or any appeal from the Court is not affected by the fact that —

(a) a party was represented by a registered foreign lawyer or by a solicitor registered under section 36E of the Legal Profession Act; and

(b) the proceedings are not or have ceased to be relevant proceedings as defined in section 36O(1) of the Legal Profession Act, or the appeal is not or has ceased to be a relevant appeal as defined in that provision, as the case may be.

Entities to be represented by counsel (O. 3, r. 9)

9.—(1)  Except as provided in paragraph (2), any entity with the capacity to sue or be sued under any law in Singapore or elsewhere must be represented by counsel in any relevant matter or proceeding.

(2)  On an application by a relevant entity, the Court may allow an officer of that entity to represent the entity in any proceedings mentioned in paragraph (1), if the Court is satisfied that —

(a) the officer has been duly authorised by the entity to act on its behalf; and

(b) the officer has sufficient executive or administrative capacity or is a proper person to represent the entity.

(3)  For the purposes of section 34(1)(ea) and (eb) and (3) of the Legal Profession Act and in this Rule, “relevant matter or proceeding” means —

(a) any matter or proceeding commenced in, or transferred to, the Court; or

(b) any matter or proceeding commenced in, or any appeal under any written law to, the Court of Appeal arising out of a matter or proceeding under sub‑paragraph (a).

(4)  In this Rule, “relevant entity” means a company, variable capital company or limited liability partnership, an unincorporated association (other than a partnership or a registered trade union), or a registered trade union.

Appointment, change and discharge of counsel (O. 3, r. 10)

10.—(1)  A party to proceedings in the Court must file and serve a notice in Form 2 on all the parties identifying all the counsel acting for the party in the proceedings.

(2)  The notice in paragraph (1) must be given —

(a) where the proceedings are commenced in the Court —

(i) by the claimant, upon the commencement of the proceedings; and

(ii) by any other party, when that party first files any document in the proceedings;

(b) where the proceedings are transferred to the Court —

(i) by the parties at the time the proceedings are transferred, upon the transfer of the proceedings; and

(ii) by any other party, when that party first files any document in the proceedings; or

(c) by any party to the proceedings in the Court whenever that party appoints any additional counsel to act for that party.

(3)  Despite paragraphs (1) and (2)(b)(i), where any proceedings are transferred to the Court, a party to those proceedings at the time of the transfer need not give the notice in paragraph (1) upon the transfer, if that party did not change counsel after the transfer.

(4)  If a party to proceedings in the Court or in an appeal from the Court changes the counsel acting for him or her, or appoints a counsel to act for him or her after acting in person, the party must file and serve a notice in Form 2 on all the parties within 7 days after the change or appointment, as the case may be.

(5)  The notice of the change or appointment referred to in paragraph (4) must include the counsel’s business address in Singapore (if any) or an electronic mail address for the service of all documents.

(6)  If a party to proceedings in the Court or in an appeal from the Court intends and is entitled to act in person without legal representation, the party must file and serve a notice in Form 3 on all the parties and must state in that notice —

(a) an address in Singapore; or

(b) an electronic mail address,

for ordinary service of all documents. If a party chooses to state an electronic mail address in the notice, that party is deemed to agree that ordinary service and personal service of all documents may be effected using that electronic mail address.

(7)  Where a counsel has ceased to be the counsel acting for the party who appointed him or her and that party fails to file and serve a notice under paragraph (4) or (6), the counsel may apply to the Court for an order declaring that the counsel has ceased to be the counsel acting for the party in the proceedings or in the appeal, and the Court may make an order accordingly, but until the counsel files and serves a copy of the order and a notice in Form 4 on all the parties, the counsel is, subject to this Rule, considered the counsel of the party till the final conclusion of the proceedings or the appeal.

(8)  An application for an order referred to in paragraph (7) must be made by summons supported by a witness statement stating the grounds of the application, and the summons and witness statement must, unless the Court otherwise directs, be served on the party for whom the counsel acted.

(9)  Where a counsel has passed away, has ceased practice for any reason or cannot be contacted, and the party who appointed him or her fails to file and serve a notice under paragraph (4) or (6), any other party may write to the Court to order that that counsel cease to be the counsel appointed for the firstmentioned party and to give such directions as appropriate.

(10)  Any notice given under this Rule takes effect from the time of receipt of the notice.

(11)  Any notice given under this Rule or any order made under paragraph (7) does not affect the rights of the counsel and the party who appointed that counsel as between themselves.

(12)  A counsel who is appointed by a party at any stage of proceedings —

(a) is deemed to be acting for the party; and

(b) the counsel’s service address is deemed to be the address for ordinary service of all documents,

in the case until the final conclusion of the case, whether in the Court or in the Court of Appeal, unless notice is filed and served according to this Rule.

(13)  “Service address” referred to in paragraph (12)(b) is to be construed as a reference to any of the following:

(a) the counsel’s business address in Singapore, if any;

(b) the business address in Singapore of the counsel who has been instructed to accept service on behalf of the party to be served;

(c) the electronic mail address of the counsel that —

(i) the party to be served or the counsel has indicated to the serving party or the serving party’s counsel that the party is willing to accept service at; and

(ii) is set out in any of the following documents filed in the proceedings by the party to be served:

(A) an originating process, or any other document that is expressly required by these Rules to be personally served;

(B) any document filed to respond to the documents mentioned in sub‑paragraph (A), including a Defendant’s Statement;

(d) the fax number of the counsel that the party to be served or the counsel has indicated to the serving party or the serving party’s counsel that the party is willing to accept service at;

(e) the counsel’s account in an electronic filing service established by the Registrar through which service may be effected by transmission.

Warrant to act or power of attorney (O. 3, r. 11)

11.—(1)  Every counsel representing any party in any cause or matter must obtain from such party or the party’s duly authorised agent a warrant to act or power of attorney for such party, either generally or in the said cause or matter.

(2)  The absence of such warrant or power of attorney is, if the counsel’s authority to act is disputed, prima facie evidence that the counsel has not been authorised to represent such party.

ORDER 4

COMMENCEMENT AND DEFENCE
OF PROCEEDINGS

MODE OF COMMENCING PROCEEDINGS

Originating Application (O. 4, r. 1)

1.—(1)  Proceedings in this Court must be commenced by an Originating Application.

(2)  An Originating Application must be in Form 5.

(3)  An Originating Application must be accompanied by a copy of the written jurisdiction agreement to which the claimant and defendant are party.

(4)  The claimant may, when filing the Originating Application, file an offshore case declaration.

(5)  Upon commencing proceedings in the Court, the claimant is to pay a deposit and the applicable Court fees as provided in Order 26.

Issue of Originating Application (O. 4, r. 2)

2.  An Originating Application is issued when the Registrar numbers, signs, seals and dates it.

Duration and renewal of Originating Application (O. 4, r. 3)

3.—(1)  An Originating Application is valid for service for 12 months beginning with the date of its issue.

(2)  An application may be made to extend the validity of the Originating Application at any time before or after it expires, if the Originating Application has not been served on all the defendants.

(3)  The Court may order the validity of the Originating Application to be extended by a period beginning with the day next following that on which the Originating Application would otherwise expire.

(4)  The Originating Application whose validity has been extended must be endorsed with the words, “Renewed for service for ___ months from ___ by order of Court dated ___” before it is served.

Claimant’s Statement (O. 4, r. 4)

4.—(1)  Every Originating Application must be accompanied by a Claimant’s Statement.

(2)  A Claimant’s Statement must contain a concise summary of —

(a) the material facts giving rise to the claim;

(b) any alleged harm suffered by the claimant relevant to the relief sought;

(c) the cause of action against the defendant; and

(d) the relief sought including, where possible, an initial quantification of the claim amount.

(3)  A Claimant’s Statement must be in Form 6.

MODE OF DEFENDING PROCEEDINGS

Defendant’s Statement (O. 4, r. 5)

5.—(1)  A defendant must file and serve a Defendant’s Statement in Form 7 within 28 days from the service of both the Originating Application and Claimant’s Statement on the defendant.

(2)  The filing and service of a Defendant’s Statement does not amount to a submission to jurisdiction or a waiver of any improper service of the Originating Application or Claimant’s Statement.

(3)  Subject to paragraph (2), where —

(a) an Originating Application or Claimant’s Statement is not duly served on a defendant;

(b) the defendant files and serves a Defendant’s Statement; and

(c) the defendant does not file an application to dispute service under Order 2, Rule 6,

the Originating Application and Claimant’s Statement are deemed to have been duly served on the defendant and to have been so served on the date on which the Defendant’s Statement is filed.

(4)  If the defendant fails to file and serve the Defendant’s Statement within the prescribed time or states in the Statement that the defendant does not intend to contest some or all of the claims, the claimant may apply for judgment to be given against the defendant accordingly in Form 8.

(5)  An application for judgment under paragraph (4) must be supported by a witness statement stating the date and time on which the Originating Application and Claimant’s Statement were served, where they were served, how they were served, the person on whom they were served, and, where such person is not the defendant, the capacity in which such person was served.

(6)  The Court may, when giving judgment under paragraph (4), direct the payment of interest, computed from the date of the originating process to the date on which judgment is given, at the rate of 5.33% per year.

(7)  The Court may, on such terms as it thinks just, set aside or vary any judgment entered under paragraph (4).

(8)  A Defendant’s Statement must —

(a) state whether the defendant intends to contest the claim or any part thereof;

(b) state whether the defendant intends to file an application under Order 2, Rule 6, to dispute that the Originating Application or Claimant’s Statement have been served in accordance with Order 5;

(c) state whether the defendant intends to file an application under Order 2, Rule 3(4)(b), to dispute that the Court has or should assume jurisdiction in accordance with Order 2;

(d) identify the claim or part thereof that is contested, if any;

(e) provide a concise summary of —

(i) the material facts underlying the defence, if any; and

(ii) the nature and grounds of the defence, if any; and

(f) state whether a counterclaim is brought against the claimant and, if so, summarise —

(i) the material facts giving rise to the counterclaim;

(ii) any alleged harm suffered by the defendant relevant to the relief sought;

(iii) the cause of action against the claimant; and

(iv) the relief sought including, where possible, an initial quantification of the counterclaim amount.

ADJUDICATION TRACKS

Adjudication tracks (O. 4, r. 6)

6.—(1)  The Court will order that a contested claim or counterclaim be decided by one of the following adjudication tracks:

(a) pleadings (Order 6);

(b) statements (Order 7);

(c) memorials (Order 8).

(2)  In deciding the applicable adjudication track, the Court may have regard to any agreement between the parties on the applicable adjudication track.

(3)  The Court may modify the adjudication track to be applied in a case in such manner and to such extent as it considers appropriate.

(4)  In the event of such modification, the Court must specify —

(a) any default rules concerning that adjudication track that do not apply;

(b) such other rules (if any) that apply instead; and

(c) the modifications (if any) required to the applicable fee payment milestones in Order 26, Rule 3.

(5)  Without affecting paragraph (3), the Court may order at any stage of the proceedings that another adjudication track be applied in the case before it, where the Court considers it appropriate.

(6)  In exercising its discretion under paragraphs (1), (3) and (5), the Court must have regard to the General Principles stated in Order 1, Rule 3(1).

First case management conference (O. 4, r. 7)

7.  Where a Defendant’s Statement has been filed and served, the parties may be directed to attend the first case management conference in accordance with Order 9, Rule 1(2).

COMMENCING PROCEEDINGS
WITHOUT NOTICE

Originating Applications without notice (O. 4, r. 8)

8.—(1)  Except for Originating Applications under Order 25, Rule 4, this Rule applies to Originating Applications without notice.

(2)  Except for Rules 1(1), (3), (4) and (5) and 2, and subject to any modifications that the Court may specify, Rules 1 to 7 do not apply to Originating Applications without notice.

(3)  An Originating Application without notice must be in Form 9.

(4)  Order 7, Part 2 will apply to proceedings commenced under this Rule.

ORDER 5

SERVICE

Service of Originating Applications and other documents (O. 5, r. 1)

1.—(1)  Except as otherwise provided in these Rules or in any written law, an Originating Application, and any other document that is expressly required by these Rules to be personally served, must be served —

(a) within Singapore by way of personal service under Rule 2; or

(b) out of Singapore, subject to Rule 6 —

(i) by way of personal service under Rule 2 if such service is not contrary to the laws of the foreign country; or

(ii) in accordance with Rule 7, 8, 9 or 10 (as applicable).

(2)  Except as otherwise provided in these Rules or in any written law, any other document may be served —

(a) within Singapore by way of ordinary service under Rule 3; or

(b) out of Singapore, subject to Rule 6 —

(i) by way of ordinary service under Rule 3 if such service is not contrary to the laws of the foreign country; or

(ii) in accordance with Rule 7, 8, 9 or 10 (as applicable).

Personal service (O. 5, r. 2)

2.—(1)  Personal service of a document is effected —

(a) on a natural person by leaving a copy of the document with that person;

(b) on any entity by leaving a copy of the document with the chairperson or president of the entity, or the secretary, treasurer or other officer;

(c) on any person or entity according to the requirements of any written law; or

(d) in any manner agreed with the person or the entity to be served.

(2)  The following persons may effect personal service:

(a) a process server of the Court;

(b) counsel;

(c) counsel’s employee;

(d) any other person that the Registrar may allow in a particular case or generally.

(3)  If the process server of the Court effects service, the Registrar must notify the requesting person of the fact and manner of such service.

Ordinary service (O. 5, r. 3)

3.—(1)  Ordinary service of a document may be effected —

(a) by personal service;

(b) in any manner agreed with the party to be served;

(c) by leaving the document at or posting it to —

(i) in the case of a natural person, that person’s usual or last known address;

(ii) in the case of an entity, its registered or principal office or, if none exists, its last known place of business;

(iii) in the case where the party to be served is represented by counsel, the counsel’s business address in Singapore, if any; or

(iv) the business address in Singapore of the counsel who has been instructed to accept service on behalf of the party to be served;

(d) by electronic mail to —

(i) any electronic mail address that the party to be served or the party’s counsel has indicated to the serving party or the serving party’s counsel that the party is willing to accept service at;

(ii) any electronic mail address of the party to be served or the party’s counsel set out in any of the following documents filed in the proceedings by the party to be served:

(A) an Originating Application, or any other document that is expressly required by these Rules to be personally served;

(B) any document filed to respond to the documents mentioned in sub‑paragraph (A), including a Defendant’s Statement;

(C) any notice given under Order 3, Rule 10;

(iii) in the absence of sub‑paragraphs (i) and (ii), any electronic mail address in relation to the party to be served provided for in any written jurisdiction agreement, or contract containing the written jurisdiction agreement, between the serving party and the party to be served; or

(iv) in the absence of sub‑paragraphs (i), (ii) and (iii), any electronic mail address which the party to be served —

(A) has previously held out to the serving party to be an electronic mail address at which the party to be served may be reached, without any subsequent indication to the contrary; or

(B) holds out to the world at the time of transmission to be an electronic mail address at which the party to be served may be reached;

(e) by fax to a specified fax number that the party to be served or the party’s counsel has indicated to the serving party or the serving party’s counsel that the party is willing to accept service at;

(f) by transmission through an electronic filing service established by the Registrar;

(g) in any manner which the Court may direct; or

(h) in any manner provided under any written law.

(2)  For the purposes of this Order, service by way of the electronic mail addresses stated in paragraph (1)(d) is deemed to occur at the place of business of the party to be served.

Substituted service (O. 5, r. 4)

4.—(1)  The Court may, if a document is required to be served personally and it is impractical within a reasonable period of time to serve it personally, order any method of substituted service that is effective in bringing the document to the notice of the person to be served.

(2)  An application for an order under paragraph (1) may be made by way of a summons without notice supported by a witness statement.

Dispensing with service (O. 5, r. 5)

5.—(1)  The Court may, in an appropriate case, dispense with personal service or with ordinary service or with service altogether.

(2)  An application for an order under paragraph (1) may be made by way of a summons without notice supported by a witness statement.

Permission for service out of Singapore (O. 5, r. 6)

6.—(1)  An Originating Application or any other court document may be served out of Singapore with the Court’s permission if it can be shown that the Court has the jurisdiction to hear the action and it is appropriate for the case to be heard in the Court.

(2)  The Court’s permission is not required for service of an Originating Application out of Singapore —

(a) on a party to a written jurisdiction agreement; or

(b) if service out of Singapore is allowed under an agreement between the parties.

(3)  The Court’s permission is not required for service of court documents other than the Originating Application out of Singapore if the Court’s permission —

(a) has been granted for service of the Originating Application out of Singapore; or

(b) is not required for service of the Originating Application out of Singapore because paragraph (2) applies.

(4)  To obtain the Court’s permission, the serving party must apply to the Court by way of a summons without notice and supported by a witness statement which must state —

(a) why the Court has the jurisdiction and is the appropriate court to hear the action;

(b) in which country or place the party to be served is, or probably may be found; and

(c) whether the validity of the Originating Application needs to be extended.

(5)  Paragraphs (2) and (3) do not affect the Court’s power to consider its jurisdiction and assumption of jurisdiction under Order 2, Rule 3.

Methods of service out of Singapore (O. 5, r. 7)

7.—(1)  Where the Court’s permission has been obtained or is not required under Rule 6, service of the Originating Application or any other court document may be effected out of Singapore in any of the following manners:

(a) any manner agreed with the person or the entity to be served;

(b) where there is a Civil Procedure Convention governing service in the foreign country —

(i) in the case of the Hague Service Convention as defined in Rule 8A(7) —

(A) in accordance with Rule 8A or 10, whichever is applicable; or

(B) subject to any objection made by the receiving Contracting State, in accordance with sub-paragraph (a), (c), (d), (e) or (f);

(ii) in the case of any other Civil Procedure Convention — according to the manner provided in that convention; or

(iii) in the case where both the Hague Service Convention and another Civil Procedure Convention govern service in the foreign country — in accordance with either sub-paragraph (i) or (ii);

[S 779/2023 wef 01/12/2023]

(c) through the government of the foreign country if that government is willing to effect service;

(d) through the judicial authority of the foreign country if that authority is willing to effect service;

(e) through a Singapore consular authority in the foreign country seeking the assistance of the relevant authority in that foreign country to effect service;

[S 779/2023 wef 01/12/2023]

(f) according to the manner permitted by the law of that foreign country.

(2)  Unless any Civil Procedure Convention, treaty, government or judicial authority of a foreign country requires that the Originating Application or other court documents be sent from the Government or judicial authority of Singapore, they may be sent to the entities in paragraph (1)(c), (d) and (e) by the serving party who must engage counsel for this purpose.

(3)  Where the Originating Application or other court documents have to be sent from the Government of Singapore, counsel for the serving party must send them to the Registrar with a letter requesting the Registrar to forward them to the Ministry of Foreign Affairs stating the method of service in the foreign country.

(4)  Every Originating Application or court document which is to be served outside Singapore under paragraph (1)(b) to (e) must be accompanied by a translation in the official language of the foreign country, and if there is more than one official language, in any of those languages which is appropriate for the party to be served, except where the official language or one of the official languages is English.

(5)  The translation must be certified by a person qualified to do so and the certificate must contain the translator’s full name, address and qualifications.

(6)  Nothing is to be done under this Rule that is contrary to the laws of the foreign country.

(7)  [Deleted by S 779/2023 wef 01/12/2023]

Service of Originating Application on person in Malaysia or Brunei Darussalam (O. 5, r. 8)

8.  Where the defendant is in Malaysia or Brunei Darussalam, the Originating Application —

(a) may be served in accordance with Rule 7; or

(b) may be sent by post or otherwise by the Registrar to the Magistrate, Registrar or other appropriate officer of any court exercising civil jurisdiction in the area in which the person to be served is said to be or to be carrying on business for service on the defendant, and if it is returned with an endorsement of service and with an affidavit of such service, it is deemed to have been duly served.

Service of Originating Application, etc., out of Singapore on person under Article 3 of Hague Service Convention (O. 5, r. 8A)

8A.—(1)  This Rule applies to the service out of Singapore, under Article 3 of the Hague Service Convention, of an Originating Application or other court document required in connection with civil proceedings in respect of a civil or commercial matter on a person, other than a State, in a Contracting State.

(2)  If any provision in this Rule is inconsistent with any other provision in this Order, the provision in this Rule prevails to the extent of the inconsistency.

(3)  The person mentioned in paragraph (1) must have a known address in the Contracting State in which the documents are to be served.

(4)  A person who wishes to serve any document mentioned in paragraph (1) out of Singapore under this Rule must file in the Registry a request for service in the current version of Part 1 of the Model Form, accompanied by —

(a) a sealed copy of the document to be served;

(b) a summary of the document to be served, in accordance with Part 3 of the Model Form;

(c) a translation of the documents mentioned in sub‑paragraphs (a) and (b) in accordance with Rule 7(4) and (5); and

(d) a copy each of the request and the documents mentioned in sub-paragraphs (a), (b) and (c), which may be in electronic form if agreed to by the central authority.

(5)  The Registrar must send the documents filed under paragraph (4) to the central authority of the Contracting State in which the documents are to be served.

(6)  Rule 7(3) does not apply in relation to any service under this Rule.

(7)  In this Rule —

“central authority”, in relation to a Contracting State, means an authority that is designated by that State under Article 2 of the Hague Service Convention for receiving requests for service coming from other State parties to the Hague Service Convention;

“Contracting State” means a State (other than Singapore) which is a party to the Hague Service Convention;

“Hague Service Convention” means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at The Hague on 15 November 1965;

“Model Form” means the model form, in 3 parts, annexed to the Hague Service Convention and set out on the Internet website for that Convention at https://www.hcch.net/en/instruments/conventions/specialised‑sections/service.

[S 779/2023 wef 01/12/2023]

Service of Originating Application on High Contracting Party to Warsaw Convention (O. 5, r. 9)

9.—(1)  Where the Court’s permission has been obtained or is not required under Rule 6, a person who wishes to serve an Originating Application on a High Contracting Party to the Warsaw Convention to enforce a claim in respect of carriage undertaken by that Party, must file in the Registry —

(a) a request for the Ministry of Foreign Affairs to arrange service;

(b) a sealed copy of the Originating Application; and

(c) a translation in the official language of the High Contracting Party, and if there is more than one official language, in any of those languages which is appropriate for the High Contracting Party to be served, except where the official language or one of the official languages is English.

(2)  Every translation filed under paragraph (1)(c) must be certified by a person qualified to do so and the certificate must contain the translator’s full name, address and qualifications.

(3)  The serving party must engage counsel for the purposes of filing the necessary documents under paragraph (1).

(4)  The Registrar must send the documents filed under paragraph (1) to the Ministry of Foreign Affairs for the Originating Application to be served on the High Contracting Party or the government in question.

Service of Originating Application on foreign State (O. 5, r. 10)

10.—(1)  Where the Court’s permission has been obtained or is not required under Rule 6, a person who wishes to serve an Originating Application on a State, as defined in section 16 of the State Immunity Act, must file in the Registry —

(a) a request for the Ministry of Foreign Affairs to arrange service;

(b) a sealed copy of the Originating Application; and

(c) a translation of the Originating Application in the official language of the State, and if there is more than one official language, in any of those languages which is appropriate for the State to be served, except where the official language or one of the official languages is English.

(2)  Every translation filed under paragraph (1)(c) must be certified by a person qualified to do so and the certificate must contain the translator’s full name, address and qualifications.

(3)  The serving party must engage counsel for the purposes of filing the necessary documents under paragraph (1).

(4)  The Registrar must send the documents filed under paragraph (1) to the Ministry of Foreign Affairs for the Originating Application to be served on the State or the government in question.

(5)  Where section 14(6) of the State Immunity Act applies and the State has agreed to a method of service other than that provided by this Rule, the Originating Application may be served either by the method agreed or provided by this Rule.

(6)  Where the State is a Contracting State to the Hague Service Convention, the request in paragraph (1)(a) must be accompanied by a summary of the document to be served, in accordance with Part 3 of the Model Form.

[S 779/2023 wef 01/12/2023]

(7)  In paragraph (6), “Contracting State”, “Hague Service Convention” and “Model Form” have the meanings given by Rule 8A(7).

[S 779/2023 wef 01/12/2023]

Undertaking to pay expenses of service (O. 5, r. 11)

11.—(1)  The serving party or the serving party’s counsel must give an undertaking in writing to the Ministry of Foreign Affairs, the Registrar and the serving authority or person in the foreign country to pay all expenses incurred in effecting the service requested.

(2)  Upon request to pay the expenses whether before or after the service, the party who provided the undertaking in paragraph (1) must do so within 21 days.

Certificate of service (O. 5, r. 12)

12.  An official certificate or letter by the agency or person who effected service in the foreign country stating that service has been effected on the party to be served in accordance with the law of the foreign country and the date of the service is evidence of those facts.

ORDER 6

PLEADINGS

General (O. 6, r. 1)

1.—(1)  This Order applies where the Court has made an order under Order 4, Rule 6(1)(a) that a contested claim or counterclaim is to be decided by the pleadings adjudication track.

(2)  Subject to any modifications that the Court may specify under Order 4, Rule 6(3), Orders 7 and 8 do not apply to proceedings to which this Order applies.

(3)  Upon the Court making an order under Order 4, Rule 6(1)(a), unless the Court directs otherwise, the parties must comply with the Rules contained in this Order in relation to the form, service, filing and other requirements relating to the Statement of Claim and the Defence, and where applicable, the Reply, the Counterclaim, the Defence to Counterclaim, the Reply to Defence to Counterclaim and any further pleadings.

Form and service of Statement of Claim (O. 6, r. 2)

2.—(1)  Within 14 days after the Court makes an order under Order 4, Rule 6(1)(a), the claimant must file and serve a Statement of Claim.

(2)  The Statement of Claim must be in Form 10.

(3)  Before the time by which the claimant must file and serve a Statement of Claim expires, the claimant may apply to the Court for an order that the Claimant’s Statement is to stand as the Statement of Claim.

Form and service of Defence (O. 6, r. 3)

3.—(1)  Within 14 days after service of either —

(a) the Statement of Claim; or

(b) an order granting an application made under Rule 2(3),

the defendant must file and serve a Defence.

(2)  The Defence must be in Form 11.

(3)  Before the time by which the defendant must file and serve a Defence expires, the defendant may apply to the Court for an order that the Defendant’s Statement is to stand as the Defence.

(4)  If the defendant fails to file and serve a Defence or make an application under paragraph (3) within the prescribed time, the claimant may apply for judgment in default of Defence in Form 14.

(5)  The Court may, when giving judgment under paragraph (4), direct the payment of interest, computed from the date of the originating process to the date on which judgment is given, at the rate of 5.33% per year.

Form and service of Counterclaim (O. 6, r. 4)

4.—(1)  If the defendant intends to counterclaim against the claimant, the defendant must file and serve the Counterclaim with the Defence.

(2)  The Counterclaim must be in Form 11.

(3)  Before the time by which the defendant must file and serve any Counterclaim expires, the defendant may apply to the Court for an order that the Defendant’s Statement that sets out any counterclaim is to stand as the Counterclaim.

Form and service of Reply (O. 6, r. 5)

5.—(1)  Unless the claimant wishes only to deny assertions made in the Defence without adding anything material, the claimant must file and serve a Reply within 14 days after the Defence is served on the claimant or within 14 days after any application made under Rule 3(3) is granted, as the case may be.

(2)  The Reply must be in Form 12.

Form and service of Defence to Counterclaim (O. 6, r. 6)

6.—(1)  Within 14 days after service of either —

(a) a Counterclaim; or

(b) an order granting an application made under Rule 4(3),

the claimant must file and serve a Defence to Counterclaim.

(2)  The Defence to Counterclaim must be in Form 12.

(3)  If the claimant fails to file and serve a Defence to Counterclaim within the prescribed time, the defendant may apply for judgment in default of Defence to Counterclaim in Form 14.

(4)  The Court may, when giving judgment under paragraph (3), direct the payment of interest, computed from the date of the originating process to the date on which judgment is given, at the rate of 5.33% per year.

Form and service of Reply to Defence to Counterclaim (O. 6, r. 7)

7.—(1)  Unless the defendant wishes only to deny assertions made in the Defence to Counterclaim without adding anything material, the defendant must file and serve a Reply to the Defence to Counterclaim on the claimant within 14 days after the Defence to Counterclaim is served on the defendant.

(2)  The Reply to Defence to Counterclaim must be in Form 13.

Further pleadings (O. 6, r. 8)

8.—(1)  Any pleading further to those referred to in Rules 2 to 7 may be filed and served only with the Court’s permission, provided also that such further pleading must not merely deny or repeat assertions in any earlier pleading without adding anything material.

(2)  Any application brought under paragraph (1) must be accompanied by a draft or a brief description of the further pleading sought to be filed and served.

Close of pleadings (O. 6, r. 9)

9.  The pleadings in an action are deemed to be closed —

(a) at the end of 14 days after service of the Reply or, if there is no Reply but only a Defence to Counterclaim, after service of the Defence to Counterclaim; or

(b) if neither a Reply nor a Defence to Counterclaim is filed and served, at the end of 14 days after the service of the Defence.

Compliance with requirements for pleadings (O. 6, r. 10)

10.  The formal and substantive requirements for pleadings as set out in the Forms prescribed under this Order, including those relating to matters which must be specifically pleaded, must be complied with.

Pleadings to be verified by statement of truth (O. 6, r. 11)

11.—(1)  Each pleading, including any further and better particulars thereof, must be verified by a statement of truth.

(2)  The statement of truth may be contained in the pleading or it may be in a separate document served subsequently, in which case it must identify the document to which it relates.

(3)  Where amendments are made to the pleading, the amendments must be verified by a statement of truth unless the Court orders otherwise.

(4)  The statement of truth must state that the party seeking to rely on the pleading believes that the facts stated in the pleading are true.

(5)  Subject to paragraph (6), the statement of truth must be signed by the party seeking to rely on the pleading.

(6)  Despite paragraph (5), the statement of truth may be signed by an appropriate person as follows:

(a) where the party is a company or corporation, the statement of truth must be signed by a person holding a senior position in the company or corporation, such as a chairperson, president, director, treasurer, secretary, chief executive, manager or other similar officer of the company or corporation, or the legal counsel of the party;

(b) where the party is a partnership, the statement of truth may be signed by any of the partners or by a person having the control or management of the partnership;

(c) an insurer may sign the statement of truth on behalf of a party where the insurer has a financial interest in the result of the proceedings brought wholly or partially by or against that party;

(d) if insurers are conducting proceedings on behalf of many claimants or defendants, the statement of truth may be signed by a senior person from a lead insurer responsible for the case, but —

(i) the person signing must specify the capacity in which he or she signs;

(ii) the statement of truth must be a statement that the lead insurer believes that the facts stated in the document are true; and

(iii) the Court may order that a statement of truth also be signed by one or more of the parties.

(7)  The statement of truth may be jointly made by 2 or more parties.

(8)  Where a pleading is to be signed by a person who is unable to read or sign the pleading and statement of truth, it must contain a certificate made by an authorised person in Form 15.

(9)  For the purposes of paragraph (8), an authorised person is —

(a) a person able to administer oaths in the place where the pleading is signed;

(b) an advocate and solicitor, as defined in the Legal Profession Act; or

(c) a full registration foreign lawyer.

(10)  For the purposes of paragraph (9), the authorised person must certify that —

(a) the pleading and the statement of truth were read in the authorised person’s presence to the signatory in a language or dialect that the signatory understands;

(b) the signatory indicated that he or she understood the pleading and confirmed its contents;

(c) the signatory indicated that he or she understood the statement of truth and the consequences of making a false declaration; and

(d) the signatory signed or made his or her mark in the presence of the authorised person.

(11)  The person who signs the statement of truth must print his or her full name clearly beneath the signature.

(12)  A party may apply to the Court for permission that the statement of truth be signed by a person other than one of those required or permitted by any provision under this Rule.

(13)  Unless the Court orders otherwise and subject to paragraph (14), a pleading which is not verified by a statement of truth remains effective but may not be relied on as evidence of any of the matters set out in it.

(14)  The Court may strike out a pleading which is not verified by a statement of truth on its own motion or on a party’s application, unless the pleading is verified by a statement of truth within such period as the Court may specify.

(15)  Proceedings for contempt of court may be brought against a person in accordance with the provisions in Order 25 if the person makes, or causes to be made, without an honest belief in its truth, a false statement in a pleading verified by a statement of truth.

Admissions and denials (O. 6, r. 12)

12.—(1)  Subject to paragraph (2), every allegation of fact made in a Statement of Claim or a Counterclaim which the party on whom it is served does not intend to admit must be specifically denied or stated not to be admitted by that party in the Defence or the Defence to Counterclaim, as the case may be. A general denial of such allegations or a general statement of non‑admission of them is not sufficient.

(2)  Any allegation that a party has suffered damage and any allegation as to the amount of damages is deemed to be denied unless specifically admitted.

Further and better particulars (O. 6, r. 13)

13.—(1)  The Court may, on the application of any party, order that further and better particulars of any matter stated in a party’s pleading be served by that party on any other party, if the Court is of the opinion that the provision of such particulars is necessary.

(2)  The Court may decline to make an order under paragraph (1) if the applicant has not made any prior written request to the respondent seeking the particulars to be provided.

(3)  The Court may, on its own motion at any stage of the proceedings, direct that a party incorporate any of the particulars provided under this Rule into his or her pleadings by way of an amendment of the pleadings.

Setting aside judgment in default (O. 6, r. 14)

14.  The Court, may on such terms as it thinks just, set aside or vary any judgment entered in default of a Defence or a Defence to Counterclaim.

ORDER 7

STATEMENTS

General (O. 7, r. 1)

1.  In this Order —

(a) Part 1 applies where the Court has made an order under Order 4, Rule 6(1)(b) that a contested claim or counterclaim is to be decided by the statements adjudication track; and

(b) Part 2 applies in relation to proceedings commenced by way of an Originating Application without notice pursuant to Order 4, Rule 8.

PART 1
CLAIM OR COUNTERCLAIM TO BE
DECIDED BY STATEMENTS
ADJUDICATION TRACK

Application of Rules (O. 7, r. 2)

2.—(1)  Subject to any modifications that the Court may specify under Order 4, Rule 6(3), Part 2 and Orders 6 and 8 do not apply to proceedings to which this Part applies.

(2)  Upon the Court making an order under Order 4, Rule 6(1)(b), except as otherwise required in these Rules or any other written law, the parties must comply with the Rules contained in this Part and, without limiting the generality of Order 13, Rules 5 to 10, with the Rules on the form, service, filing and other requirements relating to the witness statements of the claimant and the defendant in the proceedings.

Service of witness statement of claimant (O. 7, r. 3)

3.  Within 14 days after the Court makes an order under Order 4, Rule 6(1)(b), the claimant must file and serve a witness statement or witness statements setting out all evidence necessary for the claim in the Originating Application.

Service of witness statement of defendant (O. 7, r. 4)

4.—(1)  Within 21 days after being served with the witness statement or witness statements in support of the claim in the Originating Application, the defendant must file and serve a witness statement or witness statements setting out all evidence necessary for the defence.

(2)  Subject to Rule 5(2), a further witness statement must not (except with the permission of the Court) be filed after the witness statement or witness statements is or are filed and served by the defendant pursuant to paragraph (1).

Counterclaim (O. 7, r. 5)

5.—(1)  If a defendant intends to make a counterclaim against the claimant, all evidence necessary for the counterclaim must be included in the witness statement or witness statements to be filed and served by the defendant under Rule 4(1).

(2)  Within 14 days after being served with the witness statement or witness statements of the defendant, if the claimant wishes to defend any counterclaim made by the defendant, the claimant must file and serve a further witness statement or witness statements setting out all evidence necessary to defend the counterclaim.

Mode of hearing (O. 7, r. 6)

6.  With regard to the resolution of any disputed issue of fact, the Court may, without limiting the generality of Order 20, Rule 6(1), make such order as may be appropriate relating, but not limited, to the following:

(a) the manner in which the hearing of the matter is to proceed;

(b) whether oral evidence is to be given in addition to the witness statements filed and served in the proceedings;

(c) whether there is to be cross‑examination of any person who has given a witness statement in the proceedings.

PART 2
ORIGINATING APPLICATION WITHOUT
NOTICE MADE PURSUANT TO
ORDER 4, RULE 8

Application of Rules (O. 7, r. 7)

7.—(1)  Subject to any modifications that the Court may specify, Part 1 and Orders 6 and 8 do not apply to proceedings to which this Part applies.

(2)  Except as otherwise required in these Rules or any other written law, the party or parties in proceedings to which this Part applies must comply with the Rules contained in this Part and, without limiting the generality of Order 13, Rules 5 to 10, with the Rules on the form, filing and other requirements relating to the witness statement or witness statements in the proceedings.

Filing of witness statement of claimant (O. 7, r. 8)

8.—(1)  The claimant must file the Originating Application to which this Part applies together with a supporting witness statement or witness statements setting out all necessary evidence in support of the Originating Application.

(2)  Unless the Court otherwise directs, the Originating Application to which this Part applies and the claimant’s supporting witness statement or witness statements are not required to be served on any person.

(3)  Subject to paragraph (4), a further witness statement must not (except with the permission of the Court) be filed after the claimant’s supporting witness statement or witness statements is or are filed.

(4)  The Court may require the claimant to file a further witness statement or witness statements if the Court considers it just to do so.

Mode of hearing (O. 7, r. 9)

9.  With regard to any issue of fact, the Court may, without limiting the generality of Order 20, Rule 6(1), make such order as may be appropriate relating, but not limited, to the following:

(a) the manner in which the hearing of the matter is to proceed;

(b) whether oral evidence is to be given in addition to the witness statement or witness statements filed in the proceedings.

ORDER 8

MEMORIALS

Proceedings by way of memorials, and powers of Court (O. 8, r. 1)

1.—(1)  This Order applies where the Court has made an order under Order 4, Rule 6(1)(c) that a contested claim or counterclaim is to be decided by the memorials adjudication track.

(2)  Subject to any modifications that the Court may specify under Order 4, Rule 6(3), Orders 6 and 7 do not apply to proceedings to which this Order applies.

(3)  In making an order under Order 4, Rule 6(1)(c) or at any time thereafter, the Court may make orders or directions relating, but not limited, to the following:

(a) the timelines for the filing of the claimant’s Memorial and the defendant’s Counter‑Memorial;

(b) the timelines for the filing of a Reply Memorial, or a Reply Memorial and a Rejoinder Memorial, if necessary;

(c) the preparation and adduction of any evidence, including expert evidence, in the proceedings;

(d) the disapplication of any of the provisions under Orders 12, 13, 14, 19 and 20;

(e) the mode by which the proceedings are to be determined, including whether they are to be determined based on the memorials only, by way of a hearing on submissions, pursuant to a trial or otherwise.

Memorial and Counter-Memorial (O. 8, r. 2)

2.—(1)  Unless the Court orders or directs otherwise, the claimant’s Memorial must set out in full detail —

(a) a statement of facts supporting the claim;

(b) the legal grounds or arguments supporting the claim; and

(c) the relief claimed together with the amount of all quantifiable claims,

accompanied by copies of all witness statements, expert reports (where applicable) and documentary exhibits supporting the claim.

(2)  Unless the Court orders or directs otherwise, the defendant’s Counter‑Memorial must set out in full detail —

(a) a statement of facts supporting the defence and any counterclaim;

(b) the legal grounds or arguments supporting the defence and any counterclaim; and

(c) the relief claimed together with the amount of all quantifiable counterclaims,

accompanied by copies of all witness statements, expert reports (where applicable) and documentary exhibits supporting the defence and any counterclaim.

(3)  If the claimant fails to file and serve the Memorial within the time specified by the Court, the Court may order that the proceedings be terminated or give such other directions as may be appropriate.

(4)  If the defendant fails to file and serve the Counter‑Memorial within the time specified by the Court, the Court may proceed to determine the matter or give such other directions as may be appropriate.

ORDER 9

CASE MANAGEMENT CONFERENCE

General matters (O. 9, r. 1)

1.—(1)  A case management conference will be held as provided in these Rules or at any time the Court thinks appropriate.

(2)  At the first case management conference, the Court may determine the adjudication track and give consequential directions, including on alternative dispute resolution.

(3)  At a case management conference, the Court may make any order or give any direction to achieve the General Principles in Order 1, Rule 3.

Conduct of case management conferences (O. 9, r. 2)

2.—(1)  Unless the Court otherwise directs —

(a) a case management conference must be conducted as an oral hearing;

(b) lead counsel or counsel fully instructed on the matter must attend at a case management conference; and

(c) parties represented by counsel are not required to attend a case management conference.

(2)  The Court may, in consultation with the parties, give directions on the use of suitable technology to facilitate the communication between the parties and the Court in relation to case management and other matters.

(3)  A party may apply to the Court for a case management conference to be convened, by way of a letter —

(a) stating the reasons for the application; and

(b) stating whether the other parties consent or object to the application, and the reasons for the objections, if any.

(4)  If the parties are of the view that attendance at a case management conference may be dispensed with and that any directions may be given by the Court on paper, any party may apply to the Court at least 7 working days before a case management conference by way of a letter —

(a) stating that all parties consent to the dispensation of attendance;

(b) confirming that the parties have considered and discussed all the relevant issues and have brought to the Court’s attention anything that may be unusual;

(c) setting out information and explanations about any steps that had been taken in relation to alternative dispute resolution;

(d) setting out any agreement between the parties in connection with the conduct of the trial or hearing on the merits or the proceedings prior thereto; and

(e) setting out any directions which the parties wish to seek from the Court.

Preparation for case management conferences (O. 9, r. 3)

3.  Prior to a case management conference, the parties must —

(a) attempt to agree on the matters to be discussed at that case management conference, including but not limited to —

(i) the adjudication track for the determination of the dispute and any proposed modifications to the track;

(ii) the conduct of the proceedings leading up to the trial or hearing on the merits of the proceedings, including the use of technology in the management and disclosure of electronic documents; and

(iii) the conduct of the trial or hearing on the merits of the proceedings;

(b) attempt to identify the real issues in dispute, and any preliminary issues;

(c) consider the possibility of alternative dispute resolution, and be prepared to inform the Court of the suitability of the case for alternative dispute resolution, including but not limited to —

(i) whether the parties previously attempted alternative dispute resolution;

(ii) whether parties are amenable to making a genuine attempt at alternative dispute resolution;

(iii) whether there are other related disputes and the possibility of a global settlement;

(iv) whether the parties are seeking specific court-ordered remedies;

(v) whether the parties have interests that cannot be satisfied by court‑ordered remedies; and

(vi) whether the parties are in a subsisting commercial relationship the preservation of which is important; and

(d) unless the Court otherwise directs, submit a Case Management Bundle or updated Case Management Bundle (as the case may be) at least 7 working days prior to the case management conference.

Case Management Bundle (O. 9, r. 4)

4.—(1)  Unless the Court otherwise directs, the Case Management Bundle must be prepared or updated (as the case may be) by the claimant in consultation with the other parties.

(2)  The Case Management Bundle must contain the most recent versions of the following:

(a) the Claimant’s Statement and each Defendant’s Statement;

(b) the pleadings, memorials and witness statements which have been filed pursuant to the applicable adjudication track;

(c) a Case Management Plan in Form 16, which must be prepared or updated (as the case may be) based on the latest information that is available;

(d) a Pre-Hearing / Pre‑Trial Timetable in Form 17, based on the latest information that is available;

(e) a List of Issues in Form 18, which —

(i) identifies the principal issues in a structured manner;

(ii) does not supersede the pleadings, memorials, or witness statements; and

(iii) if approved by the Court, may be amended or revised only with the Court’s permission.

(3)  Where the Court has directed that the proceedings are to lead to a trial of the case, the Case Management Bundle must additionally contain the following:

(a) a Trial Checklist in Form 19, which must be prepared or updated (as the case may be) by each party to the case, based on the latest information that is available;

(b) a Trial Timetable in Form 20.

(4)  The parties must endeavour to prepare an agreed Case Management Plan, Pre‑Hearing / Pre‑Trial Timetable, List of Issues and Trial Timetable to the extent possible, but if the parties are unable to agree, the claimant must prepare or update the document (as the case may be) and the other parties must provide comments on the document.

Alternative dispute resolution (O. 9, r. 5)

5.—(1)  Where parties are agreeable to alternative dispute resolution, the Court may make directions to facilitate the parties’ attempt at alternative dispute resolution.

(2)  Where the parties are not agreeable to alternative dispute resolution, the Court may —

(a) direct that alternative dispute resolution be reconsidered at a subsequent time; or

(b) make any order necessary to facilitate the amicable resolution of the dispute.

(3)  If the parties reach a settlement through alternative dispute resolution, the Court may record a consent order on the terms of the settlement.

Compliance with case management directions (O. 9, r. 6)

6.—(1)  Where all parties consent, any party may apply to the Court by way of letter as soon as practicable for a variation or an amendment of any direction, stating the reasons for the application and exhibiting a draft consent order signed by all parties.

(2)  Where a party is unable to comply with any direction, that party must inform the Court of the same by way of letter as soon as practicable, and seek further directions on the management of the case.

(3)  Where a party fails to comply with any direction, the other party may, after informing the non‑complying party of its intention to do so, apply to the Court by way of letter as soon as practicable, to seek further directions on the management of the case.

(4)  Where any non-compliance with directions may result in a postponement or vacation of the dates fixed for the trial or hearing on the merits of the proceedings, the Court may give further directions, including but not limited to —

(a) directing parties to comply with expedited timelines so that the case may proceed on the dates fixed for the trial or hearing on the merits of the proceedings;

(b) directing that a first tranche of the trial or hearing on the merits of the proceedings proceed on one or more issues at the fixed dates, and for the remaining issues to be determined at a later tranche of the trial or hearing on the merits of the proceedings;

(c) fixing new dates for the trial or hearing on the merits of the proceedings at the earliest available dates and giving the necessary consequential directions, where the postponement or vacation of the fixed dates cannot be avoided; and

(d) imposing costs or other sanctions for non‑compliance with any directions.

ORDER 10

COUNTERCLAIMS AND PARTIES

COUNTERCLAIMS

Counterclaim against claimant (O. 10, r. 1)

1.—(1)  Subject to Order 2, Rule 3, a defendant in any case who alleges that he or she has any claim or is entitled to any relief or remedy against a claimant in the case in respect of any matter (whenever and however arising) may, instead of bringing a separate case, make a counterclaim in respect of that matter; and where he or she does so he or she must add the counterclaim to his or her Defendant’s Statement.

(2)  Where a counterclaim was not included with the Defendant’s Statement, a defendant may make a counterclaim only with the permission of the Court.

(3)  When the Court grants permission to a defendant to make a counterclaim under paragraph (2), it may give consequential directions, including but not limited to directions about —

(a) filing and serving the counterclaim on the claimant; and

(b) the management of the proceedings.

(4)  A counterclaim may be proceeded with even though judgment is given for the claimant in the case or that the case is stayed, discontinued or dismissed.

(5)  Where a defendant establishes a counterclaim against the claim of the claimant and there is a balance in favour of one of the parties, the Court may give judgment for the balance, provided, however, that this provision must not be taken as affecting the Court’s discretion with respect to costs.

Counterclaim against additional parties (O. 10, r. 2)

2.—(1)  Where a defendant to a case who makes a counterclaim against the claimant alleges that any other person (whether or not a party to the case) is liable to him or her along with the claimant in respect of the subject matter of the counterclaim, or claims against such other person any relief relating to or connected with the original subject matter of the case, then, subject to Rule 3, he or she may join that other person as a party against whom the counterclaim is made.

(2)  Where a defendant joins a person as a party against whom he or she makes a counterclaim, he or she must add that person’s name to the title of the action and serve on him or her a copy of the counterclaim or a Defendant’s Statement setting out the counterclaim, as the case may be.

(3)  A person on whom a copy of the counterclaim or a Defendant’s Statement setting out the counterclaim (as the case may be) is served under paragraph (2), if he or she is not already a party to the case, becomes a party to it as from the time of service with the same rights in respect of his or her defence to the counterclaim and otherwise as if he or she had been duly sued in the ordinary way by the party making the counterclaim.

(4)  Where a counterclaim was included with the Defendant’s Statement, the defendant must serve a copy of the Defendant’s Statement as required by paragraph (2) within 28 days from the service of both the Originating Application and Claimant’s Statement on the defendant.

(5)  When the Court grants permission to a defendant to make a counterclaim under Rule 1(2) and the counterclaim is made also against a person who is not already a party to the case, the Court may give consequential directions, including but not limited to directions about —

(a) filing and serving the counterclaim on a person who is not already a party to the case as required by paragraph (2);

(b) serving relevant documents on this new party; and

(c) the management of the proceedings.

(6)  Where by virtue of paragraph (2) a copy of the counterclaim or a Defendant’s Statement setting out the counterclaim (as the case may be) is required to be served on a person who is not already a party to the case, then, except as provided for in this Order, the provisions in these Rules apply, with the necessary modifications, to the counterclaim and the proceedings arising from it as if —

(a) the counterclaim were an Originating Application and the proceedings arising from it a case; and

(b) the defendant making the counterclaim were a claimant and the party against whom it is made a defendant in that case.

(7)  A copy of the counterclaim or a Defendant’s Statement setting out the counterclaim (as the case may be) required to be served on a person who is not already a party to the case must be endorsed with a notice, in Form 21, addressed to that person —

(a) stating the effect of Order 4, Rule 5, as applied by paragraph (6); and

(b) stating that he or she may file a Defendant’s Statement in Form 7 and explaining how he or she may do so.

Court may order separate trials, etc. (O. 10, r. 3)

3.—(1)  If claims in respect of 2 or more causes of action are included by a claimant in the same case or by a defendant in a counterclaim, or if 2 or more claimants or defendants are parties to the same case, and it appears to the Court that the joinder of causes of action or of parties (as the case may be) may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient.

(2)  If it appears on the application of any party against whom a counterclaim is made that the subject matter of the counterclaim ought for any reason to be disposed of by a separate case, the Court may order the counterclaim to be struck out or may order it to be tried separately or make such other order as may be expedient.

Transfer of proceedings under a counterclaim to General Division (O. 10, r. 4)

4.—(1)  Despite Order 2, Rules 3 and 4, where a defendant makes a counterclaim, and the main action has been determined or settled, the Court may transfer the proceedings to the General Division if the Court —

(a) decides that it has no jurisdiction or declines to exercise jurisdiction over the proceedings; and

(b) considers that the General Division has jurisdiction in the case.

(2)  Where a choice of court agreement designates the Court as a chosen court for the proceedings, an order to transfer the case to the General Division may be made by the Court only if every party to the choice of court agreement consents to the transfer.

(3)  For the purposes of paragraph (2), where a choice of court agreement designates the High Court or the General Division as a court for the proceedings, the Court is to treat each party to the agreement as a party who consents to the proceedings being heard in the General Division.

ADDITION AND SUBSTITUTION OF PARTIES
(INCLUDING THIRD PARTIES)

Joinder of persons as parties (O. 10, r. 5)

5.—(1)  Despite Order 2, Rule 1(1), a person may, subject to paragraph (2) or any other rule of law, be joined as a party (including as an additional claimant or defendant, or as a third or subsequent party) to the case if —

(a) the requirements in this Order for joining the person are met; and

(b) the claims by or against the person —

(i) do not include a claim for any relief in the form of, or connected with, a prerogative order (including a Mandatory Order, a Prohibiting Order, a Quashing Order or an Order for Review of Detention); and

(ii) are appropriate to be heard in the Court.

(2)  A State or the sovereign of a State may not be made a party to a case in the Court unless the State or the sovereign has submitted to the jurisdiction of the Court under a written jurisdiction agreement.

(3)  In exercising its discretion under paragraph (1), the Court must have regard to its international and commercial character.

Addition, removal and substitution of parties (O. 10, r. 6)

6.—(1)  The Court may order a person to be joined as a new party if it is appropriate to add the new party so that the Court can resolve all the matters in dispute in the proceedings or any issues that are connected to those matters.

(2)  The Court may order any person to be removed as a party if it is not appropriate for that person to be a party to the proceedings.

(3)  The Court may order a new party to be substituted for an existing one if —

(a) the existing party’s interest or liability has passed to the new party; and

(b) it is appropriate to substitute the new party so that the Court can resolve the matters in dispute in the proceedings.

Procedure for adding, removing and substituting parties (O. 10, r. 7)

7.—(1)  Subject to paragraph (2), permission of the Court is required to add, remove or substitute a party.

(2)  The claimant may, without the permission of the Court —

(a) add or substitute a party if —

(i) the party sought to be added or substituted has submitted to the jurisdiction of the Court under a written jurisdiction agreement; and

(ii) the Originating Application has not been served; or

(b) remove a party if the Originating Application has not been served.

(3)  An application for permission under paragraph (1) may be made by —

(a) an existing party; or

(b) a person who wishes to become a party.

(4)  A person seeking to be added as a party may attend a case management conference if the person is aware of it or may seek a case management conference by letter addressed to the Court and copied to all the parties.

(5)  No person may be added or substituted as a claimant unless —

(a) that person’s consent has been in writing; and

(b) that consent has been filed with the Court.

(6)  An order for the addition, removal or substitution of a party must be served on —

(a) all parties to the proceedings; and

(b) any other person affected by the order.

(7)  When the Court makes an order for the addition, removal or substitution of a party, it may give consequential directions, including but not limited to directions about —

(a) filing and serving the Statement of Claim on any new defendant;

(b) serving relevant documents on the new party; and

(c) the management of the proceedings.

(8)  Where a person is added as a defendant, the case is deemed to be commenced against him or her on the date of the order adding the person as a defendant, or if the defendant is added pursuant to paragraph (2)(a), the date of the amendment to the Originating Application.

Where 2 or more persons are jointly entitled to remedy (O. 10, r. 8)

8.—(1)  Where the claimant claims any relief to which any other person is entitled jointly with him or her, all persons so entitled must be parties to the case, unless the Court orders otherwise.

(2)  Any person who does not consent to being joined as a claimant must be made a defendant, unless the Court orders otherwise.

Misjoinder and nonjoinder of parties (O. 10, r. 9)

9.  No case is defeated by reason of the misjoinder or nonjoinder of any party; and the Court may in any case determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the case.

Third-party notice (O. 10, r. 10)

10.—(1)  Where in a case a defendant —

(a) claims against a person not already a party to the case any contribution or indemnity;

(b) claims against such a person any relief or remedy relating to or connected with the original subject matter of the case; or

(c) requires that any question or issue relating to or connected with the original subject matter of the case should be determined not only as between the claimant and the defendant but also as between either or both of them and a person not already a party to the case,

then, subject to paragraph (2), the defendant may, after filing a Defendant’s Statement if required to do so under these Rules, issue a notice in Form 22 setting out the nature of a claim on that person (called in this Order a third‑party notice).

(2)  A defendant may issue a third-party notice only with the permission of the Court unless the third party has submitted to the jurisdiction of the Court under a written jurisdiction agreement and the defendant issues the notice before the first case management conference.

(3)  A person on whom a third‑party notice is served becomes a party to the proceedings from the time of service with the same rights in respect of that party’s defence as if that party had been sued in the ordinary way by the defendant who issued the third‑party notice.

(4)  Except as provided for in this Order, the provisions in these Rules apply, with the necessary modifications, to third‑party proceedings as if —

(a) the third‑party notice were an Originating Application and the proceedings begun thereby a case; and

(b) the defendant issuing the third-party notice were a claimant and the person against whom it is issued a defendant in that case.

(5)  When the Court grants permission to a defendant to issue a third-party notice, it may give consequential directions, including but not limited to directions about —

(a) the period within which the notice is to be issued;

(b) serving relevant documents on the third party; and

(c) the management of the proceedings.

(6)  Proceedings on a third‑party notice may, at any stage of the proceedings, be set aside by the Court.

Applications for permission to issue third-party notice (O. 10, r. 11)

11.—(1)  An application for permission to issue a third‑party notice may be made by way of a summons without notice, unless the Court otherwise directs.

(2)  An application for permission to issue a third-party notice must be supported by a witness statement stating —

(a) the nature of the claim made by the claimant in the case;

(b) the stage which proceedings in the case have reached;

(c) the nature of the claim made by the applicant and the facts on which the proposed third‑party notice is based; and

(d) the name and address of the person against whom the third‑party notice is to be issued.

(3)  An order granting permission to issue a third-party notice may contain directions as to the period within which the notice is to be issued.

Default of third party, etc. (O. 10, r. 12)

12.—(1)  If a third party who is required by these Rules to enter a Defendant’s Statement does not do so, or having been ordered to serve such a notice fails to do so —

(a) the third party is deemed to admit any claim stated in the third-party notice and is bound by any judgment (including judgment by consent) or decision in the case insofar as it is relevant to any claim in the notice; and

(b) the defendant who issued the third‑party notice may, if judgment in default is given against him or her in the case, enter judgment against the third party —

(i) in respect of any contribution or indemnity claimed in the notice —

(A) at any time after satisfaction of that judgment; or

(B) before satisfaction thereof, with the permission of the Court; and

(ii) in respect of any other relief or remedy claimed therein, with the permission of the Court.

(2)  If a third party or the defendant who issues a third‑party notice defaults in the service of any pleading, the Court may, on the application of that defendant or the third party (as the case may be), order such judgment to be entered for the applicant as the applicant is entitled to on the pleadings or may make such order as may appear to the Court necessary to do justice between the parties.

Judgment between defendant and third party (O. 10, r. 13)

13.  Where in a case judgment is given against a defendant and judgment is given for the defendant against a third party, enforcement may not issue against the third party without the permission of the Court until the judgment against the defendant has been satisfied.

Transfer of proceedings under third-party notice to the General Division (O. 10, r. 14)

14.—(1)  Despite Order 2, Rules 3 and 4 and subject to paragraph (2), where a third‑party notice has been issued and the main action to which the third‑party notice relates has been determined or settled, the Court may transfer the proceedings to the General Division if the Court —

(a) decides that it has no jurisdiction or declines to exercise jurisdiction over the proceedings; and

(b) considers that the General Division has jurisdiction in the case.

(2)  Where a choice of court agreement designates the Court as a chosen court for the proceedings under the third‑party notice, an order to transfer the case to the General Division may be made by the Court only if every party to the choice of court agreement consents to the transfer.

(3)  For the purposes of paragraph (2), where a choice of court agreement designates the High Court or the General Division as a court for the proceedings under the third‑party notice, the Court is to treat each party to the agreement as a party who consents to the proceedings being heard in the General Division.

Claims by third and subsequent parties (O. 10, r. 15)

15.—(1)  Where a defendant has served a third-party notice and the third party makes a claim stated in Rule 10, Rules 10 to 14 apply with the necessary modifications, as if the third party were a defendant.

(2)  Paragraph (1) applies similarly to any further person to whom, by virtue of this Rule, Rules 10 to 14 apply.

Notice of case to non-parties (O. 10, r. 16)

16.  The Court may, at any stage in the case, give directions for the Originating Application or any application under this Order, to be served on any person who may have an interest in the case and any other consequential direction.

REPRESENTATIVE PARTIES

Proceedings against estates (O. 10, r. 17)

17.—(1)  Where any defendant against whom a claim could have been brought has died and —

(a) a grant of probate or administration has been made, the claim must be brought against the persons who are the personal representatives of the deceased; and

(b) a grant of probate or administration has not been made —

(i) the claim must be brought against the estate of the deceased, which is to be described as “personal representatives of (defendant’s name) deceased”; and

(ii) the claimant must apply to the Court, during the period of validity for service of the Originating Application, for an order appointing a person to represent the deceased’s estate for the purpose of the proceedings.

(2)  A case is treated as having been brought against the estate of the deceased in accordance with paragraph (1)(b)(i) where —

(a) the claim is brought against the “personal representatives” of the estate of the deceased but a grant of probate or administration has not been made; or

(b) the claim is brought against a person who was dead when the claim was commenced.

(3)  Where an order has been made under paragraph (1)(b)(ii), any judgment or order made in the proceedings is binding on the estate of the deceased.

(4)  Before making an order under paragraph (1)(b)(ii), the Court may require notice of the application to be given to any person having an interest in the estate as it thinks fit.

(5)  In this Rule, a reference to “grant of probate or administration” means a grant of probate or administration made in Singapore.

Representation of parties who die or become insolvent or are otherwise incapacitated (O. 10, r. 18)

18.  Where a person who is a party to a case or has an interest in a claim in a case dies or becomes insolvent or is otherwise incapacitated after the case has been commenced, the Court may make such order as may be appropriate.

Representative proceedings (O. 10, r. 19)

19.—(1)  Where numerous persons have a common interest in any proceedings, such persons may sue or be sued as a group with one or more of them representing the group provided that all members in the group have submitted to the Court’s jurisdiction under a written jurisdiction agreement.

(2)  Where a group is suing under this Rule, all members in the group must give their written consent to one or more representatives to represent all of them in the case and all of them must be included in a list of claimants attached to the Originating Application.

(3)  Where a group is being sued under this Rule, the Court may appoint one or more of them as representatives to represent those in the group who have given their written consent to the representatives in the case and those in the group must be included in a list of defendants attached to the order of Court.

(4)  Where there is a class of persons and all or any member of the class cannot be ascertained or cannot be found, the Court may appoint one or more persons to represent the entire class or part of the class and all the known members and the class must be included in a list attached to the order of Court.

(5)  A judgment or an order given in such a case is binding on all the persons and the class named in the respective lists stated in paragraphs (3) and (4).

ORDER 11

INTERPLEADER

Entitlement to relief by way of interpleader (O. 11, r. 1)

1.  A person under a liability in respect of any property upon which 2 or more persons make or are expected to make conflicting claims, may apply to the Court for relief by way of interpleader, so as to be released from any liability relating to the property.

Mode of application (O. 11, r. 2)

2.  An application for relief under this Order must be made by an Originating Application unless it is made in a pending action, in which case it must be made by summons.

Witness statement (O. 11, r. 3)

3.—(1)  The application must be supported by a witness statement stating that the applicant —

(a) does not make any claim to the property other than for expenses and fees relating to such possession or control;

(b) faces or expects to face conflicting claims to the property;

(c) does not collude with any claimant to the property;

(d) does not know or does not wish to decide which of the conflicting claims is the valid one; and

(e) is willing to abide by any direction given by the Court relating to the property.

(2)  The application and the witness statement must be served on all claimants and known potential claimants to that property.

Reply witness statement (O. 11, r. 4)

4.  Any person served with the application and the witness statement who wants to make a claim on the property must file any witness statement within 14 days after such service, specifying the property that is being claimed and setting out the grounds upon which the claim is based.

Powers of the Court hearing the application (O. 11, r. 5)

5.—(1)  At the hearing of the application, the Court may decide on the conflicting claims to the property summarily, give directions regarding the hearing of the conflicting claims, or give directions for the retention, sale or disposal of the property and the payment of any sale proceeds.

(2)  Where a defendant to an action applies for relief under this Rule in the action, the Court may by order stay all further proceedings in the action.

(3)  Order 12 applies, with the necessary modifications, in relation to an issue of conflicting claims to property under this Rule as it applies in relation to any other cause or matter.

ORDER 12

DOCUMENT DISCLOSURE AND INTERROGATORIES

Production of documents (O. 12, r. 1)

1.—(1)  Each party must provide to the other parties all documents in its possession or control on which it relies, within the time and in the manner ordered by the Court.

(2)  A party may not provide to the other parties additional documents on which that party intends to rely, unless the Court otherwise grants permission.

Request to produce (O. 12, r. 2)

2.—(1)  A party may serve a request to produce on any person (whether or not such person is a party to the proceedings) within the time ordered by the Court.

(2)  Where the requested person is not a party to the proceedings, the request to produce must be served personally.

(3)  A request to produce must —

(a) describe the requested documents with sufficient particularity in order for them to be produced;

(b) state how the requested document is material to the issues in the case;

(c) state the requesting party’s belief that the documents are in the possession or control of the requested person, and the reasons for such belief;

(d) state whether the documents are in the requesting party’s possession or control and, if so, explain why the documents are being requested; and

(e) be signed by the requesting party or the requesting party’s counsel.

(4)  Within the time ordered by the Court, the requested person must produce to the requesting party all the requested documents except those for which a notice of objection is served under Rule 3.

(5)  The requesting party must pay to the requested person the reasonable costs of complying with the request to produce.

(6)  In this Order —

“requested person” means a person on whom a request to produce is served;

“requesting party” means a party serving a request to produce.

Objection to production (O. 12, r. 3)

3.—(1)  A requested person who objects to producing any requested document must serve a notice of objection on the requesting party —

(a) if the requested person is a party to the proceedings, within 14 days after being served with the request to produce; and

(b) if the requested person is not a party to the proceedings, within 28 days after being served with the request to produce.

(2)  The notice of objection must state the reasons for the requested person’s objection and be signed by the requested person or the requested person’s counsel.

Application for Court to order production (O. 12, r. 4)

4.—(1)  The requesting party may, within 14 days after being served a notice of objection, apply to the Court by way of a summons for an order to produce the documents objected to.

(2)  In an application under paragraph (1), the Court may order the production of any document objected to —

(a) if the request to produce was made in accordance with Rule 2(3);

(b) if the document is sufficiently material to the issues in the case;

(c) if there is no legal impediment to production, including in relation to legal privilege;

(d) if there are no grounds of special political or institutional sensitivity (including evidence that has been classified as secret by the Government, a foreign government or a public international institution) that the Court determines or the Attorney‑General certifies to be compelling; and

(e) after taking into consideration the following factors:

(i) whether there is unreasonable burden in producing the requested document;

(ii) whether loss or destruction of the requested document has been shown with reasonable likelihood to have occurred;

(iii) grounds of commercial or technical confidentiality that the Court determines to be compelling, and which cannot be managed through specifying limits and conditions to disclosure;

(iv) considerations of procedural economy, proportionality, or fairness that the Court determines to be compelling.

(3)  Unless the Court determines otherwise, a requested document that merely leads a party on a train of inquiry resulting in the obtaining of information which may adversely affect or support a party’s case is not sufficiently material to the issues in the case.

(4)  Where the requested person is not a party to the action, the requesting party must, unless the Court orders otherwise, pay to the requested person the costs of the application and the reasonable costs of complying with any order made by the Court.

Additional or alternative modes of disclosure (O. 12, r. 5)

5.—(1)  In addition to or in place of Rules 1 to 4, the Court may make any order in relation to the disclosure of documents, including —

(a) as to the timing and manner of the disclosure of documents;

(b) dispensing with the disclosure of documents altogether;

(c) that any party is to produce to any other party —

(i) the documents in the party’s possession or control on which the party relies or will rely; and

(ii) the documents in the party’s possession or control which could —

(A) adversely affect the party’s own case;

(B) adversely affect another party’s case; or

(C) support another party’s case,

that are necessary either for disposing fairly of the cause or matter or for saving costs; and

(d) that any party is to make and serve on any other party a witness statement stating whether any document or class of documents —

(i) is in the party’s possession or control; or

(ii) was previously in the party’s possession or control (and if so, when the party parted with it and what has become of it).

(2)  Unless ordered otherwise by the Court, an order under paragraph (1) takes precedence over any earlier order made in relation to the disclosure of documents by the High Court or the Court.

Pre-action production (O. 12, r. 6)

6.—(1)  An application may be made to the Court for the production of documents before the commencement of proceedings in the Court.

(2)  In an application under paragraph (1), the Court may order the production of any document sought —

(a) if the Court is satisfied that it has and would assume jurisdiction in the intended proceedings;

(b) if the document is sufficiently material to the issues in the intended proceedings;

(c) if there is no legal impediment to production, including in relation to legal privilege;

(d) if there are no grounds of special political or institutional sensitivity (including evidence that has been classified as secret by the Government, a foreign government or a public international institution) that the Court determines or the Attorney‑General certifies to be compelling; and

(e) after taking into consideration the factors set out in Rule 4(2)(e).

(3)  An application under paragraph (1) must be made by way of an Originating Application and supported by a witness statement —

(a) describing the material facts relating to the intended proceedings, including whether the defendant is likely to be a party to the intended proceedings;

(b) explaining why the Court has and should assume jurisdiction in the intended proceedings;

(c) describing the documents sought with sufficient particularity in order for them to be produced;

(d) stating how the documents are material to the issues in the intended proceedings;

(e) stating the applicant’s belief that the documents are in the possession or control of the person from whom production is sought, and the reasons for such belief;

(f) stating whether the documents are in the applicant’s possession or control and, if so, explain why the documents are being requested; and

(g) stating, to the best of the applicant’s knowledge, whether any matter in paragraph (2)(c), (d) or (e) applies.

(4)  The Originating Application and supporting witness statement must be served on the person from whom production is sought, who must be made a defendant to the Originating Application.

(5)  Unless the Court orders otherwise, the applicant must pay to the person from whom production is sought the costs of the application and the reasonable costs of complying with any order made by the Court.

Power of Court to inspect documents (O. 12, r. 7)

7.  The Court may at any time on its own motion, or upon the application of a party, inspect any document, including for the purpose of deciding whether any objection to production applies.

Production of copies instead of originals (O. 12, r. 8)

8.  A person required to produce a document under this Order may produce a copy of the document, unless the Court orders, or a party requests, the inspection of the original.

Continuing obligation of disclosure (O. 12, r. 9)

9.  A party has a continuing duty in the course of proceedings to disclose documents that fall within the scope of —

(a) a request to produce served under Rule 2, where the requested party —

(i) has not served a notice of objection under Rule 3; or

(ii) has served a notice of objection under Rule 3 and the only ground of objection in the notice is that the document is not in that party’s possession or control; or

(b) any order made under this Order for disclosure of documents of the class to which the documents belong.

Admissions as to authenticity of documents (O. 12, r. 10)

10.  A party who receives a document produced by another party under this Order is deemed to have admitted to the authenticity of that document, unless the receiving party —

(a) has denied the authenticity of that document in the receiving party’s pleading or memorial; or

(b) within 28 days after receiving the document, serves on the producing party a notice stating that the receiving party does not admit the authenticity of that document and requires it to be proved at the trial or substantive hearing of the case.

Failure to disclose document (O. 12, r. 11)

11.—(1)  The parties must not rely on any document that was not produced in accordance with this Order, unless the Court otherwise grants permission.

(2)  If any party fails to comply with any order made by the Court or any duty in this Order, the Court may —

(a) order that the action be dismissed or that the defence be struck out and judgment be entered accordingly;

(b) draw an adverse inference against that party;

(c) punish that party for contempt of court if an order has been served on that party or that party’s counsel but it is open to that party to show that that party was not notified or did not know about the order;

(d) order that that party may not rely on any document that is within the scope of the order or any duty in this Order unless the Court otherwise grants permission; or

(e) make any order it deems fit.

Use of documents in other proceedings (O. 12, r. 12)

12.—(1)  Any document produced in this Order or by compulsion of law may be used only for the purpose of the case it is produced in, except where —

(a) the document has been used in a hearing which is open to the public;

(b) the party who produced the document consents to the use of the document for any purpose other than for that case; or

(c) the Court grants permission for the use of the document for any purpose other than for that case.

(2)  Where paragraph (1)(a) applies, the party who produced the document, or the person to whom the document belongs, may apply to the Court to restrict or prohibit the use of the document for any purpose other than for that case.

Production of electronically-stored documents (O. 12, r. 13)

13.—(1)  A party may request and the Court may make an order for the production of electronically‑stored documents.

(2)  In addition to any other requirements in the Rules, the Court must have regard to the following matters in making an order under paragraph (1):

(a) the number of electronically-stored documents involved;

(b) the nature of the case and the complexity of the issues;

(c) the value of the claim and the financial positions of the parties or persons;

(d) the ease and expense of retrieval of the electronically‑stored documents or class of electronically‑stored documents;

(e) the materiality of any electronically‑stored documents or class of electronically‑stored documents which is likely to be produced;

(f) any other matter which the Court regards as relevant.

Interrogatories (O. 12, r. 14)

14.—(1)  A party to proceedings in the Court may serve interrogatories on another party only with the permission of the Court.

(2)  Where interrogatories are served, there must be a note at the end of the interrogatories specifying —

(a) the period of time after the date of service within which the interrogatories are to be answered;

(b) where the party served with the interrogatories is an entity (including an unincorporated body), the person on whom the interrogatories are to be served; and

(c) where the interrogatories are to be served on 2 or more parties, the interrogatories which each party is required to answer.

(3)  A party served with interrogatories pursuant to paragraph (1) must serve the answers to the interrogatories by way of a witness statement within the time specified under paragraph (2)(a).

ORDER 13

EVIDENCE

Evidence in trials (O. 13, r. 1)

1.—(1)  Subject to Rule 3(2), (3) and (4) and Order 14, Rule 6, and unless the Court orders otherwise, evidence in trials must be adduced by way of witness statements, cross‑examination and re‑examination.

(2)  A witness’s evidence‑in‑chief must be given by witness statement instead of orally, unless the Court orders otherwise.

(3)  A witness statement must contain all material facts which must not be departed from or supplemented by new facts in oral evidence without the permission of the Court.

(4)  If a party intends to object to the contents of witness statements on the ground of admissibility or other reasons, the party must give notice by letter to the party who is relying on those witness statements at least 28 days before the first date of the hearing unless the Court orders otherwise.

(5)  A party who is required to serve a witness statement for use at trial but is unable to obtain such a witness statement may apply for permission to dispense with the witness statement and for directions in relation thereto, including the service of a summary of the evidence that the witness is expected to give orally at trial or a list of questions that will be posed to the witness at trial.

Evidence in hearings other than trials (O. 13, r. 2)

2.—(1)  Subject to Rule 3(2), (3) and (4) and Order 20, Rule 6, and unless the Court orders otherwise, evidence in hearings other than trials, including interlocutory proceedings, must be adduced by way of witness statements, without oral evidence or cross‑examination.

(2)  A pleading may be used as evidence in hearings other than trials, including interlocutory proceedings, provided it is verified by a statement of truth.

Mode of evidence (O. 13, r. 3)

3.—(1)  Subject to paragraphs (2) and (3), evidence may be given by witness statement.

(2)  Evidence must be given by affidavit in the following instances:

(a) where sworn evidence is required by any written law or practice direction;

(b) in any application for a search order, a local injunction prohibiting the disposal of assets in Singapore, a worldwide injunction prohibiting the disposal of assets worldwide, or an order requiring an occupier to permit another to enter the occupier’s land;

(c) in any application for an order against anyone for alleged contempt of court.

(3)  The Court may make an order that evidence must be given by affidavit instead of, or in addition to, a witness statement —

(a) on its own motion; or

(b) after any party has applied to the Court for such an order.

(4)  In any case where these Rules provide for the giving of evidence by witness statement, a witness may give evidence by affidavit if the witness chooses to do so, but the party putting forward the affidavit may not recover any additional cost of making it from any other party unless the Court orders otherwise.

(5)  Unless the context otherwise requires, the relevant provisions of these Rules relating to witness statements will apply equally where evidence is given by affidavit.

Use of witness statements for other purposes (O. 13, r. 4)

4.  A witness statement may be used only for the purpose of the case it is served in, except where —

(a) the witness statement has been used in a hearing which is open to the public;

(b) the witness consents to the use of the witness statement for any purpose other than for that case; or

(c) the Court grants permission for the use of the witness statement for any purpose other than for that case.

Witness statement (O. 13, r. 5)

5.—(1)  A witness statement is a written statement signed by a person which contains the evidence which that person would have otherwise given orally.

(2)  A witness statement must be in Form 23 with the text set out in consecutively numbered paragraphs.

(3)  A witness statement must be verified by a statement of truth.

(4)  Where a witness statement or an exhibit to a witness statement does not comply with these Rules or any practice direction in relation to its form, the Court may refuse to admit it as evidence and may refuse to allow the costs arising from its preparation.

Statement of truth (O. 13, r. 6)

6.—(1)  Subject to Order 14, Rule 4(2), a statement of truth must state that the maker of the witness statement believes that the facts stated in the witness statement are true.

(2)  A statement of truth must be signed by the maker of the witness statement.

(3)  The maker of a witness statement must print his or her full name clearly beneath the signature.

(4)  If the maker of a witness statement fails to verify the witness statement by a statement of truth, the Court may, on application or on its own motion, order that person to verify the witness statement or direct that the witness statement is not admissible as evidence.

Safeguards for persons not fluent in English or unable to read or sign (O. 13, r. 7)

7.—(1)  If a witness is not sufficiently fluent in English to give evidence in English, the witness statement should be in the witness’s own language and a translation must be provided by a person competent to do so.

(2)  Where a witness statement containing a statement of truth is to be signed by a person who is unable to read or sign the witness statement, it must contain a certificate made by an authorised person in Form 24.

(3)  For the purposes of paragraph (2), an authorised person is —

(a) a person able to administer oaths in the place where the witness statement is signed;

(b) an advocate and solicitor, as defined in the Legal Profession Act; or

(c) a full registration foreign lawyer.

(4)  For the purposes of paragraph (2), the authorised person must certify that —

(a) the witness statement and the statement of truth were read in the authorised person’s presence to the witness in a language or dialect that the witness understands;

(b) the witness indicated that the witness understood the witness statement and confirmed its contents;

(c) the witness indicated that the witness understood the statement of truth and the consequences of making a false declaration; and

(d) the witness signed or made the witness’s mark in the presence of the authorised person.

Contents of witness statement (O. 13, r. 8)

8.—(1)  A witness statement must contain only relevant facts.

(2)  Subject to the other provisions of these Rules, a witness statement must contain statements of fact made from the maker’s own knowledge.

(3)  A witness statement made for the purpose of being used in interlocutory proceedings may contain statements of information or belief.

(4)  Where paragraph (3) applies, the witness statement must indicate —

(a) which of the statements in it are statements of fact made from the maker’s own knowledge and which are statements of information or belief; and

(b) the sources and grounds for any matters of information or belief.

(5)  The Court may order to be struck out of any witness statement any matter which is scandalous, irrelevant or otherwise oppressive.

(6)  All of the following points are to be observed when making witness statements:

(a) a witness statement should as far as possible be in the witness’s own words as the function of a witness statement is to set out in writing the evidence of the witness;

(b) a witness statement should be as concise as the circumstances of the case allow without omitting any significant matters; there may be no need to deal with (or deal with other than briefly) the matters that are common ground;

(c) a witness statement should not contain lengthy quotations from documents;

(d) a witness statement should not engage in (legal or other) argument;

(e) a witness statement must comply with any direction of the Court about its length.

Alteration of witness statement (O. 13, r. 9)

9.—(1)  A witness statement which has been verified by a statement of truth but not yet filed in Court may be altered only if it is re‑verified by a fresh statement of truth.

(2)  A maker of a witness statement which has been filed in Court may correct any mistakes in that witness statement by making another witness statement.

Documents referred to in witness statement (O. 13, r. 10)

10.—(1)  Where a witness statement refers to a document, a copy of that document must be annexed to the witness statement.

(2)  If it is necessary to refer to only certain portions of the document, a copy of only those portions need to be annexed.

(3)  Where a witness statement refers to a person or object and it is necessary to identify that person or object, the identification may be done by annexing a picture of that person or object to the witness statement.

(4)  Each annexure to a witness statement must be verified and identified by the maker of the witness statement in the manner set out in Form 25.

Affidavit (O. 13, r. 11)

11.  The domestic Rules of Court will govern the formalities relating to the giving of evidence by affidavit.

False statements (O. 13, r. 12)

12.  Proceedings for contempt of court may be brought against a person in accordance with the provisions in Order 25 if the person makes, or causes to be made, without an honest belief in its truth, a false statement in a witness statement verified by a statement of truth or an affidavit.

Pre-trial examination (O. 13, r. 13)

13.—(1)  Where it is necessary in the interests of justice to record the evidence of any witness in or out of Singapore before a trial, a party may apply to the Court to make an order for pre-trial examination.

(2)  The party who applies for an order for pre-trial examination must file a witness statement showing —

(a) that the witness’s evidence is necessary for the party’s case;

(b) that the other parties do not agree that the evidence of that witness be given in a witness statement without cross‑examination; and

(c) either of the following:

(i) the witness will not be able or willing to attend the trial or to give evidence by live video or live television link;

(ii) the witness’s age or health makes it likely that the witness will pass away before the trial or become incapable of testifying at the trial.

(3)  If the pre‑trial examination is to be conducted outside Singapore, the witness statement must also state —

(a) the place where the pre-trial examination is to be conducted;

(b) that the law of that place allows the pre‑trial examination to be conducted in that place;

(c) the particulars and remuneration of the examiner who will be conducting the pre‑trial examination; and

(d) the rules that will apply to the pre‑trial examination.

(4)  If the law of the place for the pre‑trial examination outside of Singapore requires the issue of a letter of request to the relevant authorities for the evidence of the person in that jurisdiction to be taken, the party who applies for the order may include a request for the issue of a letter of request.

(5)  For the purposes of paragraph (4), the party obtaining the order must prepare and file in the Registry —

(a) the letter of request which must be —

(i) in a case where the jurisdiction in which the evidence is to be taken is a jurisdiction to which the Hague Evidence Convention applies — in the current version of the applicable Recommended Model Form; or

(ii) in any other case — in Form 26,

with such variations and in compliance with such requirements as may be required by the jurisdiction in which the evidence is to be taken or by the order; and

(b) an undertaking in Form 27 signed by the party or the party’s counsel to be responsible personally for all expenses incurred by an issuing authority or a transmitting authority in respect of the letter of request and, on receiving due notification of the amount of these expenses, to pay that amount to the issuing authority or transmitting authority and to produce a receipt for the payment to the proper officer of the Registry.

(6)  A pre‑trial examination in Singapore must be before a Judge or the Registrar and must be conducted according to the provisions of these Rules governing trials.

(7)  A pre‑trial examination outside Singapore must be conducted by the examiner appointed by the Court and in the manner directed by the Court and the examiner must not do anything that is contrary to the law of that place.

(8)  Where an order for pre‑trial examination in Singapore has been made, the attendance of the witness before the examiner in Singapore and the production by the witness of any document at the examination may be enforced by an order to attend court and an order to produce documents in like manner as the attendance of a witness and the production by a witness of a document at a trial may be enforced.

(9)  In this Rule —

“Hague Evidence Convention” means the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters done at the Hague on 18 March 1970;

“issuing authority” means an authority responsible for issuing a letter of request under this Rule;

“Recommended Model Form” means a Recommended Model Form for a Letter of Request to be issued under the Hague Evidence Convention, as set out on the Internet website for that Convention at https://www.hcch.net/en/instruments/conventions/specialised-sections/evidence;

“transmitting authority” means an authority responsible for transmitting a letter of request issued under this Rule to the relevant authorities of the jurisdiction in which the evidence is to be taken.

Evidence by live video or live television link where person to be examined is out of jurisdiction (O. 13, r. 14)

14.—(1)  Any application for permission for any witness outside Singapore to give evidence by live video or live television link in any proceedings must be made expeditiously and, in any case, unless the Court otherwise directs, not later than 8 weeks before the date of commencement of the hearing at which the witness is to give evidence.

(2)  A party applying for permission for any witness outside Singapore to give evidence by live video or live television link must take note of the relevant legislation and requirements in force in the jurisdiction where the witness is giving evidence, and must make all necessary enquiries and take all necessary steps to ensure that the jurisdiction where the witness is giving evidence raises no objection to the giving of evidence in that jurisdiction for court proceedings in Singapore.

Explanation

A party must make all necessary enquiries and take all necessary steps to ensure that the jurisdiction where the witness is giving evidence raises no objection to the giving of evidence in that jurisdiction for court proceedings in Singapore by any means the party considers appropriate. This includes, but is not limited to —

(a) obtaining advice from a foreign lawyer qualified to advise on the laws of the relevant foreign jurisdiction;

(b) making enquiries with the relevant authorities; or

(c) obtaining permission from the relevant foreign jurisdiction, in accordance with any applicable procedure, for evidence to be given by a person located in that jurisdiction through a live video or live television link, if such permission is required.

(3)  Where —

(a) an application is made for permission for any witness outside Singapore to give evidence by live video or live television link in any proceedings; and

(b) the laws of the jurisdiction where the witness is located require the issue of a letter of request to the relevant authorities of that jurisdiction for such evidence to be given,

an application may be made for an order in Form 28 for the issue of the letter of request, which application must be made expeditiously and, in any case, unless the Court otherwise directs, not later than 8 weeks before the date of commencement of the hearing at which the witness is to give evidence.

(4)  An application under paragraph (3) must be made by summons and supported by a witness statement setting out the basis for the application and enclosing a copy of each document the applicant intends to file in the Registry pursuant to paragraph (5).

(5)  Where an order is made under paragraph (3) for the issue of a letter of request to the relevant authorities of a jurisdiction to permit evidence to be given by live video or live television link by any witness in that jurisdiction, paragraphs (6) to (9) apply.

(6)  The party obtaining the order must prepare the letter of request and file it in the Registry, and the letter must be —

(a) in a case where the jurisdiction in which the evidence is to be given is a jurisdiction to which the Hague Evidence Convention applies — in the current version of the applicable Recommended Model Form; or

(b) in any other case — in Form 26,

with such variations and in compliance with such requirements as may be required by the jurisdiction in which the evidence is to be taken or by the order.

(7)  A letter of request filed under paragraph (6), or a document attached to the letter, must be accompanied by a translation of the letter or document in a language specified by the jurisdiction in which the evidence is to be given, unless that jurisdiction accepts the letter or document in English.

(8)  Every translation filed under paragraph (7) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person’s full name, address and qualifications for making the translation.

(9)  The party obtaining the order must, when the party files in the Registry the documents mentioned in paragraphs (6), (7) and (8), also file in the Registry an undertaking in Form 27 signed by the party or the party’s counsel to be responsible personally for all expenses incurred by an issuing authority or transmitting authority in respect of the letter of request and, on receiving due notification of the amount of those expenses, to pay that amount to the issuing authority or transmitting authority and to produce a receipt for the payment to the proper officer of the Registry.

(10)  In this Rule —

“Hague Evidence Convention” means the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters done at the Hague on 18 March 1970;

“issuing authority” means an authority responsible for issuing a letter of request under this Rule;

“Recommended Model Form” means a Recommended Model Form for a Letter of Request to be issued under the Hague Evidence Convention, as set out at the Internet website for that Convention at https://www.hcch.net/en/instruments/conventions/specialised-sections/evidence;

“transmitting authority” means an authority responsible for transmitting a letter of request issued under this Rule to the relevant authorities of the jurisdiction in which the evidence is to be taken.

Court may specify applicable rules of evidence (O. 13, r. 15)

15.—(1)  The Court may, on the application of a party, order that —

(a) any rule of evidence found in Singapore law, whether under the Evidence Act, in these Rules (but not in this Rule) or elsewhere, does not apply; and

(b) such other rules of evidence (if any), whether such rules are found in foreign law or otherwise, apply.

(2)  An application under paragraph (1) can only be made if all parties agree on —

(a) the rules of evidence that do not apply for the purposes of paragraph (1)(a); and

(b) any rules of evidence that apply for the purposes of paragraph (1)(b).

(3)  In making an order under paragraph (1), the Court may, for the just, expeditious and economical disposal of the proceedings —

(a) modify the parties’ agreement under paragraph (2), but only with the parties’ consent; and

(b) stipulate such further conditions that supplement and are consistent with the parties’ agreement (or modified agreement) as the Court sees fit.

(4)  The Court may, from time to time, amend or supplement any order under paragraph (1), but only in accordance with paragraph (3) and after hearing the parties.

(5)  Despite any order under paragraph (1), the Court must exclude from evidence any document or statement (whether oral or written) where there are grounds of special political or institutional sensitivity (including anything that has been classified as secret by the Government, a foreign government or a public international institution) that the Court determines or the Attorney‑General certifies to be compelling.

(6)  In this Rule, “rule of evidence” includes any rule of law relating to privilege or the taking of evidence.

(7)  An application for an order for the purposes of paragraph (1) must be made by summons and supported by a witness statement.

(8)  The supporting witness statement must —

(a) state the rules of evidence found in Singapore law that the parties agree do not apply;

(b) state any other rules of evidence that the parties agree are to apply instead; and

(c) exhibit a copy of the rules of evidence proposed to be applied, where this is practicable.

(9)  For the purposes of paragraph (8)(a) and (b), a general description of the relevant rules of evidence is sufficient if it is not practicable to state each rule of evidence.

ORDER 14

EXPERT EVIDENCE, ASSESSORS AND
INDEPENDENT COUNSEL

Expert (O. 14, r. 1)

1.—(1)  An expert is a person with scientific, technical or other specialised knowledge based on training, study or experience.

(2)  An expert has the duty to assist the Court in the matters within the expert’s expertise and on the issues referred to the expert.

(3)  The expert’s duty to the Court overrides any obligation to the person from whom the expert receives instructions or by whom the expert is paid.

Court to grant permission for use of expert evidence (O. 14, r. 2)

2.—(1)  No expert evidence may be adduced in Court unless the Court grants permission.

(2)  The parties must consider whether expert evidence will contribute materially to the determination of any issue that relates to scientific, technical or other specialised knowledge and whether such issue can be resolved by an agreed statement of facts or by submission based on mutually agreed materials.

(3)  The Court may grant permission for the use of expert evidence only if it will contribute materially to the determination of any issue in the case and the issue cannot be resolved as stated in paragraph (2).

(4)  The Court may at any time on its own motion, or upon the application of a party, make any orders or directions in relation to the use of expert evidence, including as to —

(a) the appointment of Court experts and common experts;

(b) the sequential or simultaneous exchange of the experts’ witness statements;

(c) the method of questioning of any expert, including by any order made pursuant to Rule 6;

(d) the remuneration to be paid to Court experts or common experts; and

(e) the disallowance or rejection of any expert evidence.

Issues and common set of facts (O. 14, r. 3)

3.—(1)  The parties must attempt to agree on —

(a) the list of issues to be referred for expert evidence, which must as far as possible be expressed in the form of questions which can be answered with “yes” or “no”; and

(b) the common set of agreed or assumed facts that the experts are to rely on.

(2)  Any list of issues and the common set of agreed or assumed facts agreed between the parties requires the Court’s approval.

(3)  If there is no agreement as stated in paragraph (1), the Court must decide the list of issues and the common set of agreed or assumed facts.

(4)  The expert evidence must be confined to the approved issues and must rely only on the approved common set of agreed or assumed facts.

Expert’s report (O. 14, r. 4)

4.—(1)  Expert evidence must be given in a report signed by the expert and exhibited in a witness statement made by the expert.

(2)  The statement of truth contained in the expert’s witness statement must state that —

(a) the expert has made clear —

(i) which facts in the expert’s report are within the expert’s own knowledge, and that the expert believes these facts to be true; and

(ii) which facts referred to in the expert’s report are assumptions based on the instructions provided to the expert; and

(b) the opinions expressed by the expert represent the expert’s true and complete professional opinion, and the expert accepts full responsibility for them.

(3)  The expert’s report must include the following:

(a) the expert’s qualifications showing that the expert has the requisite specialised knowledge in relation to the issues referred to the expert;

(b) the expert’s statement that the expert understands that the expert’s duty is to assist the Court in the matters within the expert’s expertise and on the issues referred to the expert, and that such duty to the Court overrides any obligation to the person from whom the expert receives instructions or by whom the expert is paid;

(c) the issues referred to the expert and the common set of agreed or assumed facts that the expert relied on;

(d) the list of the materials that the expert relied on and extracts of the materials which are necessary to understand the report;

(e) where the materials include tests, experiments or the collection or analysis of data, the name and qualifications of the persons who did the tests, experiments or the collection or analysis of data and whether they did so under the expert’s supervision or guidance;

(f) where there is a range of opinion on the matters dealt with in the report —

(i) a summary of the range of opinion; and

(ii) the reasons for the expert’s opinion;

(g) the conclusions reached on the issues referred to the expert and the reasons to support the conclusions.

Meeting and clarification on report (O. 14, r. 5)

5.—(1)  The Court may order the experts to meet at any time to try to narrow any dispute and so that the experts can agree in writing on all or some of the conclusions on the issues referred to the experts.

(2)  Other than the contents of any agreement in writing, the contents of discussions at a meeting mentioned in paragraph (1) may not be used in Court unless the parties otherwise agree.

(3)  With the Court’s permission, a party may request in writing that an expert clarify that expert’s report in any aspect.

(4)  The expert must give the clarification requested under paragraph (3) in writing within the time ordered by the Court and such clarification is deemed to be part of the expert’s report.

Panel of experts (O. 14, r. 6)

6.—(1)  The Court may order that all or some of the experts testify as a panel.

(2)  The panel of experts may testify before or after all or some of the non-expert witnesses have testified.

(3)  A party is not deemed to have waived any right to submit that the party has no case to answer merely because the party’s expert has testified in accordance with this Rule before the party’s non‑expert witnesses have testified.

(4)  Where the experts testify as a panel, the Court may order that they give their views on the issues referred to them and comment on one another’s views.

(5)  The Court may order cross‑examination and re‑examination of all or some of the experts in the panel in any sequence as the Court thinks appropriate, whether before or after the experts have testified as a panel.

Assessors (O. 14, r. 7)

7.  The Court may, on its own motion or upon application by any party, appoint one or more assessors and give directions in relation to such assessors, including on —

(a) any objections to a proposed assessor; and

(b) the role and the remuneration of the assessors.

Independent counsel (O. 14, r. 8)

8.—(1)  The Court may, on its own accord, appoint one or more independent counsel (previously referred to as “amicus curiae”) to assist the Court in any matter on specific issues of law.

(2)  An independent counsel may be —

(a) a counsel;

(b) an academic involved in the teaching of law at present or in the past; or

(c) a person who has special knowledge or experience in any area of law.

(3)  The Court must give directions to the independent counsel on —

(a) the specific issues of law to be addressed by the independent counsel;

(b) the filing and service of written submissions by the independent counsel and the parties; and

(c) the independent counsel’s attendance in Court to make oral submissions.

 

Made on 18 November 2021.

SUNDARESH MENON

Chief Justice.

LUCIEN WONG

Attorney-General.

TAY YONG KWANG

Justice of the Court of Appeal.

STEVEN CHONG

Justice of the Court of Appeal.

BELINDA ANG SAW EAN

Judge of the Appellate Division.

QUENTIN LOH

Judge of the Appellate Division.

VINODH COOMARASWAMY

Judge.

VINCENT HOONG SENG LEI

Presiding Judge of the State Courts.

CHRISTOPHER TAN PHENG WEE

District Judge and Registrar of the State Courts.

FRANCIS XAVIER, SC

Advocate and Solicitor.

KUAH BOON THENG, SC

Advocate and Solicitor.

[SUPCT.RNJ.009.0200; AG/LEGIS/SL/322/2020/6 Vol. 1]

(To be presented to Parliament under section 80(6) of the Supreme Court of Judicature Act).