Civil Litigation (short ans)

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Questions and Answers

What is required for both ordinary and alternative service in terms of personal service?

Both ordinary and alternative service must be served personally on each defendant.

Under what circumstances can substituted service be considered?

Substituted service can be used when personal service is last resort or impractical.

What is the implication of a defendant being out of jurisdiction regarding personal service?

If a defendant is out of jurisdiction, personal service is generally not possible, and exceptions may apply.

When is service deemed to have been effected on a particular day?

Service is deemed to have been effected on that day if it occurs before 5pm. Signup and view all the answers

What does ordinary service apply to?

Ordinary service applies where personal service is not required. Signup and view all the answers

What type of orders may necessitate personal service specifically?

Committal orders for contempt of court necessitate personal service. Signup and view all the answers

What rule governs the timing of service in relation to a working day?

Rule O. 7, r. 8 of the ROC governs the timing of service in relation to a working day. Signup and view all the answers

What are the key requirements for service in different jurisdictions?

Service requirements differ based on whether the defendant is in or out of jurisdiction, impacting how service is executed. Signup and view all the answers

What types of claims can be made to enforce proprietary rights over immovable property in Singapore?

Claims can be made to construe, rectify, or set aside acts affecting immovable property, as well as claims for debts secured on such properties. Signup and view all the answers

How does a claim for the administration of an estate differ when the deceased was domiciled in Singapore?

The claim specifically seeks relief or remedies applicable to estates of persons domiciled in Singapore, distinct from estates of non-residents. Signup and view all the answers

In what scenarios can a claim under the Building and Construction Industry Security of Payment Act be initiated?

Claims can be brought to enforce judgments, arbitral awards, or determinations as defined within the Act. Signup and view all the answers

Identify one key characteristic of a restitutionary claim in Singapore law.

A restitutionary claim involves seeking relief against a defendant based on their fiduciary or trustee liability arising from acts conducted in Singapore. Signup and view all the answers

What is the significance of a claim founded on a cause of action arising in Singapore?

Such claims are significant because they establish jurisdiction and the applicability of local laws to the dispute. Signup and view all the answers

What legal recourse is available for claims related to serious crimes like drug trafficking in Singapore?

Claims can be made under specific acts such as the Corruption, Drug Trafficking, and Other Serious Crimes (Confiscation of Benefits) Act. Signup and view all the answers

How can a claim for an indemnity interact with liabilities enforceable through proceedings in Singapore?

Such claims can address financial contributions for liabilities and ensure that parties are protected against losses incurred during legal proceedings. Signup and view all the answers

What type of actions can be rectified or set aside in Singapore concerning contractual obligations?

Actions concerning contracts and obligations affecting immovable property can be rectified or set aside to ensure compliance with legal standards. Signup and view all the answers

What is required to show a good arguable case in claims involving jurisdiction in Singapore?

The requirement includes full and frank disclosure. Signup and view all the answers

How can service of court documents be conducted out of jurisdiction according to ROC 2021?

Service can be conducted by methods agreed upon by parties or through foreign government or judicial authorities. Signup and view all the answers

What is one method for serving documents to defendants in Malaysia or Brunei Darussalam under ROC 2021?

Documents can be sent by post from the Registrar of the Singapore court to the judicial officer in the respective territory. Signup and view all the answers

What must happen for the service of State Courts originating process to be valid when served out of jurisdiction?

It must be sent by the Registrar of State Courts to the Registrar of Supreme Court, following the service rules for Supreme Court. Signup and view all the answers

What is a potential drawback of serving court documents through a foreign judicial authority?

It can be very slow. Signup and view all the answers

What does Order 8 Rule 6 of ROC 2021 pertain to?

It pertains to the service of process on a foreign state. Signup and view all the answers

What is a possible method of service according to the law of the foreign country?

One could use a solicitor in the foreign country to effect service. Signup and view all the answers

In what way can service through a Singapore consular authority be characterized?

It can be very slow. Signup and view all the answers

What must a defendant include when challenging the jurisdiction of the court according to Order 6 Rule 7(4) of the ROC 2021?

The defendant must state the ground on which they are challenging the jurisdiction of the court. Signup and view all the answers

Under what circumstances is a defence challenging the jurisdiction treated as a submission to jurisdiction?

If the defendant deals with the merits of the case in the defence, it is treated as a submission to jurisdiction. Signup and view all the answers

What can the claimant do if the defendant fails to file and serve a defence as per Order 6 Rule 7(7)?

The claimant may apply for judgment in default of defence. Signup and view all the answers

What must be annexed to a counterclaim for personal injuries according to Order 6 Rule 8(3) of the ROC 2021?

A medical report and a statement of the special damages claimed must be annexed. Signup and view all the answers

How long does a defendant have to file and serve a defence to a counterclaim according to Order 6 Rule 9(1)?

The defendant has 14 days after the defence and counterclaim are served. Signup and view all the answers

What is the effect of failing to file and serve a defence to a counterclaim as per Order 6 Rule 9(3)?

The defendant may apply for judgment in default of defence with respect to the counterclaim. Signup and view all the answers

What is the significance of Order 6 Rule 9(1) in relation to a claimant's response to a defence?

The claimant need not file a reply if they only wish to deny assertions without adding anything material. Signup and view all the answers

What form must a counterclaim be in according to Order 6 Rule 8(2)?

A counterclaim must be in Form 13 of Appendix A to the Supreme Court Practice Directions 2021. Signup and view all the answers

What is the legal consequence of filing the Notice according to Order 6 Rule 6(4) of the ROC 2021?

It does not act as a submission to jurisdiction or a waiver of improper service. Signup and view all the answers

What must a claimant file when applying for judgment according to Order 6 Rule 6(5) of the ROC 2021?

A memorandum of service in Form 12. Signup and view all the answers

Outline the procedure for applying for default judgment as stated in the Supreme Court Practice Directions 2021.

File an application in Forms 11 or 14, along with a memorandum of service in Form 12, draft judgment, and possibly an affidavit. Signup and view all the answers

Within what time frame must a defendant serve their defence after being served with the statement of claim, according to Order 6 Rule 7?

21 days if service was in Singapore, or 5 weeks if it was out of Singapore. Signup and view all the answers

What form must be used for defence according to Order 6 Rule 7(3)?

Form 13 from Appendix A to the Supreme Court Practice Directions 2021. Signup and view all the answers

What additional documents may the court require when applying for default judgment?

An affidavit stating service details and whether the defendant failed to contest or file a defence. Signup and view all the answers

When must a claimant submit their application for judgment against a defendant under Order 6 Rule 6?

After the defendant fails to file a notice of intention to contest or a defence within the required period. Signup and view all the answers

What specific relief is not sought according to Order 52 Rule 1 ROC 2021?

Relief in the nature related to O 52 r 1 ROC 2021. Signup and view all the answers

What is the significance of striking out part of an action or defense in legal proceedings?

It can simplify the case by eliminating irrelevant or unnecessary claims, thus focusing on the central issues. Signup and view all the answers

How does the judgment on admission of facts influence a court's decision-making process?

It allows the court to determine certain facts as established, reducing the need for further evidence on those issues. Signup and view all the answers

What is the process for filing and serving applications according to Order 9 Rule 9(5) and (6) of the ROC 2021?

The applying party must file their application and supporting affidavit within 21 days post-case conference, followed by the other party's affidavit in reply within 21 days. Signup and view all the answers

What constitutes an exception to the general rule for making applications without prior court permission under Order 9 Rule 9(7)?

Applications for injunctions, substituted service, and summary judgment are exceptions that can be made without prior permission. Signup and view all the answers

What is the role of the SAPT checklist as per the Supreme Court Practice Directions?

It ensures that parties provide necessary documentation and meet procedural requirements to facilitate case management. Signup and view all the answers

In what circumstances can a respondent file the completed SAPT checklist according to the rules?

The respondent must file it at least two weeks before the RCC date or as directed by the court. Signup and view all the answers

Explain the importance of expert evidence and assessors in legal cases.

Expert evidence helps the court understand complex matters and assessors can offer additional insights on disputed issues. Signup and view all the answers

What does the determination of questions of law entail in legal proceedings?

It involves the court resolving legal disputes regarding the interpretation of statutes or the validity of legal arguments. Signup and view all the answers

Study Notes

Civil Litigation: Core Knowledge

Introduction: Organization, jurisdiction, and powers of courts related to civil litigation, sources of civil procedural law. (page 1)
Pre-Action Considerations, Starting the Action, Initial Steps After Starting the Action: Matters to consider before commencing proceedings, various modes of commencing civil proceedings in the High Court, service procedures, service out of jurisdiction, service of statements of claim and defense (pages 1-2)
Pre-Trial Processes: Case conferences, challenges to jurisdiction, affidavits of evidence-in-chief, single application pending trial, removal/addition of parties, consolidation/joint/consecutive trials, security for costs, and further/better particulars. (page 1-2)
Witnesses & Other Issues Concerning Giving of Evidence at Trial: Witness attendance, absence of party, order to produce documents. (page 2)
Interim Relief Before Trial: Injunctions, search orders. (page 2)
Post-Judgment/Order Processes: Appeals, enforcement of court orders. (page 2)
Costs: Entitlement to costs. (page 2)

Court Organization, Jurisdiction, and Powers

Court of Appeal: Jurisdiction over appeals from the General Division, the Appellate Division, matters with overlapping criminal/civil jurisdiction, matters arising from other written laws. (page 2)
Appellate Division: Appeals over matters the General Division has jurisdiction over, other transfered matters by written law. (page 2)
General Division: Original jurisdiction and powers over actions in personam. Jurisdiction sections (16-17A SCJA) specify jurisdiction in personam. (page 2)
Additional Jurisdictions: Involves specific types of statutory cases like admiralty, divorce, and matrimonial issues. (page 2-3)
District Court: Subordinate court, relevant jurisdiction limits(currently $250,000), jurisdiction over immoveable property, and other stipulated cases. (page 4)
Magistrate's Court: Jurisdiction limit ($60,000), and additional jurisdiction specified in the State Courts Act 1970. (page 4-5)

Sources of Civil Procedural Law

Statutes: SCJA and SCA
Rules of Court (ROC 2021): Governs civil proceedings commencing on or after 1 April 2022, with continued relevance of prior Rules where applicable. (page 6)
Case Law/Practice Directions/Circulars: Relevant legal precedents, court guidelines. (page 6-7)
Matters to be considered before commencing proceedings: Documenting engagements, conflict of interest, anti-money laundering checks, and client instructions (page 7)
Limitations: Limitation periods for different causes of action must be considered, including latent injuries and fraudulent concealment. (page 7)
Amicable Resolution: Duty to consider and possibly use amicable resolution before proceedings commence (page 8-9)
Pre-action Production of Documents and Information: Enables parties to identify possible parties and trace or trace property (page 8)
Modes of Commencing Civil Proceedings in the General Division: Originating Claim (O 6 r 1(2)), Originating Application (O 6 r 1(3)) (page 8)
Originating Claim: Form, Endorsements, and Annexures (page 9)
Originating Application: Form, accompanied by affidavit (page 10)
Service: Personal service, substituted service, service out of jurisdiction (pages 11-12)
Service of Originating Claim: Timeframes and procedure (page 13)
Notice of Intention to Contest or Not Contest: Timeframes and form (page 16)
Service of Defence and Subsequent Pleadings: Timeframes, required content, and handling challenges to jurisdiction (pages 17, 18)
Further Pleadings: Guidelines for further pleadings after the initial defence. (page 17-18)
Defendant's Affidavit: Time limits and required content (page 18)
Case Conferences: Timing and purpose (page 18)
Non-Disclosure of Communications: Protections for confidential communications during pre-trial process. (page 18)
Absence of Party at trial: Procedures for handling absence in court hearings (page 19).
Challenges to Jurisdiction: When and how to raise these issues (page 19)
Affidavits of Evidence-in-Chief: Guidelines when permitted before exchanging documents (page 19)
Single Application Pending Trial: Rules, and procedures when applicable (page 20)
Security for Costs: Grounds for applying for security and non-party's obligation in those instance (page 21)
Summary Judgement: Procedure for issuing summary Judgement, required notice, and required documentation. (page 27)
Third Party Proceedings: Objectives and grounds for issuing third party Notices (page 29)
Production of Documents: Definitions, initial, specific, and general production orders (pages 30-31)
Disputes in documents: Resolution methods and requirements (page 32)
Fact Witness: Procedures and regulations for adducing evidence from witnesses (page 34)
Attendance of Witnesses: Regulations, and procedure for witness attendance in trials. (page 35)
Interim Relief and Search Orders: Injunctions and preservation of property. (page 40)
Appeals: General organization for appeals. (page 47)
Entitlement to Costs: Disputes and resolution of costs issues (page 58-59)
Enforcement of Court Orders: Consolidating and applying enforcement orders. (page 54-55)
Examination of Enforcement Respondent (aka Examining Judgement Debtor): Court order examination requirements (page 56-57)

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Description

This quiz covers various aspects of civil procedure, focusing on personal service, substituted service, and jurisdiction issues in Singapore. It also explores the implications of serving different types of claims and the nuances of service timing and requirements across jurisdictions. Test your understanding of key legal principles related to service in civil cases.