CIV 2 - SAPT
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Questions and Answers

What does Rule 10.3 specify regarding the addition of a defendant in an action?

  • The action is considered commenced against the defendant after the case conference.
  • The action is regarded as initiated against the defendant upon the amendment date. (correct)
  • The action is deemed started against the new defendant from the day of citation.
  • The action's commencement against the defendant occurs only after the trial initiation.

Which order is responsible for allowing the court to consolidate multiple related actions?

  • Order 9, Rule 10.2
  • Order 9, Rule 11 (correct)
  • Order 8, Rule 5
  • Order 10, Rule 4

If a person is to be added as a party, which rule allows them to attend a case conference?

  • Order 9, Rule 10.2 (correct)
  • Order 9, Rule 10.1
  • Order 10, Rule 8
  • Order 7, Rule 3

What is one possible option for managing multiple related trials according to the content?

<p>One matter may be stayed while another is resolved. (A)</p> Signup and view all the answers

Which of the following statements is TRUE about joint trials?

<p>Multiple lawsuits may be heard at the same time before the same judge. (A)</p> Signup and view all the answers

What does SAPT stand for?

<p>Summary Application for Trials (C)</p> Signup and view all the answers

What principle should one consider when deciding whether to join a party under the new rules?

<ul> <li> <p>there is some common question of law in the actions;</p> </li> <li> <p>the reliefs claimed in the actions concern or arise out of the same factual situation; or</p> </li> <li> <p>it is appropriate to do so (D)</p> </li> </ul> Signup and view all the answers

What is required for the production of train of inquiry documents under the new rules of Court 2021?

<p>They may be produced only if the case is a special case. (A)</p> Signup and view all the answers

Which documents are exempt from production according to Order 11, Rule 5.2?

<p>Parties' private or internal correspondence. (A)</p> Signup and view all the answers

Under what condition will the court order the production of documents subject to legal professional privilege?

<p>they cannot be ordered, unless the party entitled to priviledge consents or the court consents. (B)</p> Signup and view all the answers

What is the continuing duty to produce documents described in the content?

<p>Any disclosable documents must be disclosed as they come into possession. (A)</p> Signup and view all the answers

What is the timeline for disclosing newly acquired documents as per the Quad 2021 rules?

<p>14 days after the document comes into possession. (A)</p> Signup and view all the answers

Under what condition will the court order particulars to be provided?

<p>If it is shown that particulars are necessary for proper case preparation (B)</p> Signup and view all the answers

What is required when requests exceed five categories or subcategories?

<p>A summary table form B10 must be completed and filed, instead of filing written submissions (B)</p> Signup and view all the answers

What is the first method for amending pleadings?

<p>By written agreement of the parties (D)</p> Signup and view all the answers

What restriction is placed on amendments made by written agreement?

<p>They cannot occur within 14 days of the trial (D)</p> Signup and view all the answers

If unable to secure written agreement to amend pleadings and less than 14 days from trial, what must you do?

<p>Apply to the court for permission to amend (D)</p> Signup and view all the answers

What must be shown to the court when applying for permission to amend pleadings less than 14 days from trial?

<p>The matter represents a special case e.g. amendments answer the question(s) to be determined (C)</p> Signup and view all the answers

What document should be referenced for the principles used by the court in deciding on permissions to amend?

<p>Order 9, rule 14(1) (D)</p> Signup and view all the answers

What action should be taken when needing to correct errors in pleadings?

<p>Amend your pleadings (C)</p> Signup and view all the answers

What must a pleading disclose to avoid being struck out under the first ground for striking out?

<p>It must reveal a reasonable course of action. (D)</p> Signup and view all the answers

Under the Rules of Court 2021, what is expressly prohibited when considering the first ground for striking out?

<p>The consideration of any evidence. (A)</p> Signup and view all the answers

What does the term 'abuse of process' generally refer to in legal pleadings?

<p>Proceeding with a claim for an ulterior purpose. (A)</p> Signup and view all the answers

Which of the following correctly represents a new ground for striking out introduced in the Rules of Court 2021?

<p>Striking out in the interest of justice. (D)</p> Signup and view all the answers

In order to succeed with a summary judgment application, what must the claimant demonstrate?

<p>That the case does not require a full trial. (D)</p> Signup and view all the answers

What is a notable feature of the Gabriel Peter case relevant to pleading strikes?

<p>It provided a broad interpretation of abuse of process. (B)</p> Signup and view all the answers

What is the significance of the Old Rules of Court 2014 in understanding current legal practices?

<p>They provide a foundation for understanding wider interpretations in modern rules. (A)</p> Signup and view all the answers

Which of the following would NOT qualify as an abuse of process according to case law?

<p>Providing clear evidence in support of a claim. (A)</p> Signup and view all the answers

Which rule from the Rules of Court 2021 continues the previous prohibition regarding pleadings?

<p>Order 9, Rule 16.2. (B)</p> Signup and view all the answers

What is an essential characteristic of summary judgment applications?

<p>They are reserved for cases where trial is unnecessary. (B)</p> Signup and view all the answers

What is the first ground for issuing a third party notice?

<p>The defendant seeks indemnity from a third party. (D)</p> Signup and view all the answers

When can a defendant claim relief from a third party?

<p>When the remedy is connected with the subject matter of the action. (B)</p> Signup and view all the answers

What must a defendant do after issuing a third party notice?

<p>Serve the third party notice to the third party. (A)</p> Signup and view all the answers

What governs the service of a third party notice?

<p>The same rules that apply to any other originating process. (A)</p> Signup and view all the answers

What characterizes the third ground for issuing a third party notice?

<p>It allows for a decision binding on the third party regarding an issue in action. (B)</p> Signup and view all the answers

What is necessary for a third party notice to be validly issued?

<p>Obtaining permission from the court if required. (C)</p> Signup and view all the answers

Which of the following is NOT a condition for a third party notice?

<p>The third party must respond to the notice within a specified timeframe. (A)</p> Signup and view all the answers

What aspect of the Rules of Court 2021 is crucial when issuing a third party notice?

<p>The matter of jurisdiction pertaining to the third party. (B)</p> Signup and view all the answers

Which statement about the remedy in the second ground of a third party notice is true?

<p>It has to be related to the same subject matter as the claimant's claim. (C)</p> Signup and view all the answers

What happens if a defendant issues a third party notice without court permission when required?

<p>The notice may be considered invalid, but other proceedings can continue. (B)</p> Signup and view all the answers

Flashcards

Joining a party

Adding or removing a person as a party in a legal action. Rules govern how this happens, and case law provides guidance.

Case conference

A meeting between parties to a case to discuss the case and potentially settle it. Parties can potentially attend.

Consolidating cases

Combining multiple related lawsuits into a single action, or hearing them together in a joint trial.

Joint trial

Trial of multiple cases together before one judge.

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Consecutive trials

Trials of multiple cases heard one immediately after another.

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Stay of an action

Holding a case pending the outcome of a related case.

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SAPT

A list of matters relating to the legal process. Applications for consolidation, joint trials, etc. should be filed here.

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Train of Inquiry Documents

Documents not directly relevant to the case but can lead to relevant documents.

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Special Case Exception

Circumstances where the court can order production of train of inquiry documents or private documents.

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Known Adverse Document

A document that is unfavorable to the party possessing it and must be disclosed.

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Continuing Duty to Disclose

Obligation to disclose new relevant documents even after discovery stages are complete.

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Particulars in court

Additional details needed to prepare for a trial. This includes details like specific dates, times, and places relevant to the case.

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14-Day Timeline

Time limit to disclose newly found relevant documents after they come into your possession.

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Summary table - pleading requirements

A table used when needing to list more than 5 categories or subcategories of requests in a pleading (like a Statement of Claim). The table helps organized information for readability.

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What are pleadings?

Formal written documents outlining the legal arguments and facts of a case. Examples include the Statement of Claim, Defence, and Reply.

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Amending Pleadings

The process of changing a pleading in a court case. This allows for corrections, adding new points, or removing points.

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Amending pleadings by agreement

Both sides agree to change a pleading without requiring court permission. However, there are time limits.

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Time limit for agreement-based amendments

You can only amend pleadings by agreement if the trial is not less than 14 days away.

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Amending pleadings with court permission

Applying to the court to change a pleading when agreement can't be reached or the trial is less than 14 days away.

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Special Case for Late Amendments

If you want to amend pleadings within 14 days of trial, you need to convince the court that your case is exceptional.

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Principles for court permission

The court considers specific legal principles when deciding whether to grant permission for amendments.

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Striking out a pleading

A legal process where a court removes a pleading from a lawsuit because it lacks a reasonable course of action.

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Reasonable course of action

A legal claim that has some chance of success when only the allegations in the pleadings are considered.

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Abuse of process

A pleading that is used for a purpose other than resolving the actual dispute, considered improper.

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Ulterior purpose

Using a lawsuit for a hidden or improper reason beyond the stated legal issue.

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Interest of justice

A reason for striking out a pleading to prevent injustice or unfair outcomes.

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Summary judgment

A fast-track judgment in a lawsuit where a party can win without a full trial, if the opposing party has no defense.

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Counterclaim

A claim filed by the defendant against the original claimant in the same lawsuit.

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Gabriel Peter Case

A landmark case explaining the meaning of 'reasonable course of action' for striking out a pleading.

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Chi Siok Chin Case

A significant case on abuse of process, illustrating how courts interpret the concept.

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Old Rules of Court 2014

The previous legal rules used in court proceedings, compared to the newer Rules of Court 2021.

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Third Party Notice

A legal document filed by a defendant to bring a third party into a legal action.

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Grounds for Third Party Notice

Reasons a defendant can file a third party notice. There are three main grounds in Order 10, Rule 11.

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Ground 1: Contribution or Indemnity

A defendant wants a third party to share or take full responsibility for the defendant's liability to the claimant.

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Ground 2: Connected Relief or Remedy

The defendant wants to claim from a third party some relief that's related to the main claim in the case.

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Ground 3: Common Issue Determination

The defendant wants a court decision on an issue that applies to both the defendant and the third party.

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Serving Third Party Notice

Delivering the legal document to the third party.

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Service Rules for Third Party Notice

The same rules apply as for serving any other legal documents.

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Personal Service

Delivering the third party notice directly to the third party.

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Service Out of Jurisdiction

Serving the third party notice when they're outside the court's jurisdiction.

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Third Party Proceedings

The legal process involving the third party. The third party becomes part of the case.

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Study Notes

Single Application Pending Trial (SAPT)

  • SAPT is a consolidated pretrial application
  • Contains all pretrial applications
  • Functions as an umbrella application for individual components

When a SAPT is Ordered

  • Court orders a SAPT after the filing of evidence in chief
  • Or, if the case is not suitable for ordering AICs before document production

SAPT Purpose

  • Allows the court to consider all matters to conclude proceedings according to court ideals
  • Ideals include fair access to justice, expeditious proceedings, cost-effectiveness, complexity of the claim, difficulty or novelty of issues

SAPT Applications

  • Must deal with all necessary matters for the case to proceed efficiently
  • Includes a non-exhaustive list of applications

SAPT Checklist

  • Required for individual component sequencing
  • Filed at least two weeks before case conference
  • Ensures court consideration of initial component hearing order

Additional Information

  • Applications to add or remove parties, consolidate actions, divide trial issues, and security for costs are included in the SAPT
  • A single application does not mean all parts will be heard at one time
  • Parties are to confirm preferred sequence, and if disagreements arise, reasons are stated in the SAPT checklist
  • Court reviews the SAPT checklist and issues directions

Additional Information on Filing SAPT

  • Filing the SAPT is done at least a week before the relevant case conference (RCC)
  • The court will review the checklist and give directions for filing SAPT and desired sequencing
  • Application timeline - the applying party will have 21 days from the relevant case conference; opposing party then has 21 days to reply
  • A court may order a reply-submission supported by authority

Additional Information on Procedure

  • The court may order a case conference to further discuss applications
  • Forms (B8, B9) need to be completed and filed by relevant parties during or before the conference
  • Parties need to identify the sequence of matters, or agree upon it in the checklist
  • If parties disagree, the reasons should be documented

Additional Information on Carve-outs

  • Some applications are exempted from being part of the SAPT
  • These exempted applications may be filed prior to or after the SAPT, or irrespective of it
  • Exempted types include, but are not limited to: service, service out of Singapore, etc

Additional Information on Obtaining Court Permission

  • Permission may be required if the application is not on the exempt list
  • This permission can be sought before or after the SAPT is filed

Additional Information on Amending Pleadings

  • Applications to amend pleadings fall under SAPT
  • Agreement between parties avoids court permission (not allowed for applications within 14 days of trial)
  • Court permission needed for amending in other scenarios

Additional Information on Striking Out

  • Striking out a pleading (claimant or defendant) may be an application under the SAPT or filed individually
  • Entire case may be struck out as an application under a different rule
  • Related application types are to be part of the SAPT

Additional Information on Document Production

  • Parties must produce required documents as part of pretrial activities
  • Three categories of documents: documents for support, adverse documents, and other related and useful documents
  • Documentation standards are in Order 11
  • Specific discovery procedure for cases
  • Court may issue broader scope of discovery

Third Party Proceedings

  • Defendant wants to bring in a third party in the case
  • Procedures for such actions are detailed in Order 10
  • Objectives are to combine all issues into one set of proceedings, and avoiding conflicting or contradicting judgments

Security for Costs

  • Defendant may seek security for costs if claimant may not be able to pay future defendant costs
  • Requirements are defined by specific rules
  • Conditions for the court to consider security exist in Order 9, Rule 12
  • If a company is involved, a reference to Section 388 of the Companies Act may apply

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Description

This quiz covers the Single Application Pending Trial (SAPT), a crucial pretrial application that consolidates all necessary components for efficient case processing. Learn about its purpose, when it is ordered, and the required checklist for applications. Test your knowledge on the procedural aspects of SAPT and its role in the judicial system.

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