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?

One matter may be stayed while another is resolved. Signup and view all the answers

Which of the following statements is TRUE about joint trials?

Multiple lawsuits may be heard at the same time before the same judge. Signup and view all the answers

What does SAPT stand for?

Summary Application for Trials Signup and view all the answers

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

<ul> <li> there is some common question of law in the actions; </li> <li> the reliefs claimed in the actions concern or arise out of the same factual situation; or </li> <li> it is appropriate to do so </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?

They may be produced only if the case is a special case. Signup and view all the answers

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

Parties' private or internal correspondence. Signup and view all the answers

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

they cannot be ordered, unless the party entitled to priviledge consents or the court consents. Signup and view all the answers

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

Any disclosable documents must be disclosed as they come into possession. Signup and view all the answers

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

14 days after the document comes into possession. Signup and view all the answers

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

If it is shown that particulars are necessary for proper case preparation Signup and view all the answers

What is required when requests exceed five categories or subcategories?

A summary table form B10 must be completed and filed, instead of filing written submissions Signup and view all the answers

What is the first method for amending pleadings?

By written agreement of the parties Signup and view all the answers

What restriction is placed on amendments made by written agreement?

They cannot occur within 14 days of the trial 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?

Apply to the court for permission to amend 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?

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

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

Order 9, rule 14(1) Signup and view all the answers

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

Amend your pleadings Signup and view all the answers

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

It must reveal a reasonable course of action. Signup and view all the answers

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

The consideration of any evidence. Signup and view all the answers

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

Proceeding with a claim for an ulterior purpose. 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?

Striking out in the interest of justice. Signup and view all the answers

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

That the case does not require a full trial. Signup and view all the answers

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

It provided a broad interpretation of abuse of process. Signup and view all the answers

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

They provide a foundation for understanding wider interpretations in modern rules. Signup and view all the answers

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

Providing clear evidence in support of a claim. Signup and view all the answers

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

Order 9, Rule 16.2. Signup and view all the answers

What is an essential characteristic of summary judgment applications?

They are reserved for cases where trial is unnecessary. Signup and view all the answers

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

The defendant seeks indemnity from a third party. Signup and view all the answers

When can a defendant claim relief from a third party?

When the remedy is connected with the subject matter of the action. Signup and view all the answers

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

Serve the third party notice to the third party. Signup and view all the answers

What governs the service of a third party notice?

The same rules that apply to any other originating process. Signup and view all the answers

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

It allows for a decision binding on the third party regarding an issue in action. Signup and view all the answers

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

Obtaining permission from the court if required. Signup and view all the answers

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

The third party must respond to the notice within a specified timeframe. Signup and view all the answers

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

The matter of jurisdiction pertaining to the third party. Signup and view all the answers

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

It has to be related to the same subject matter as the claimant's claim. Signup and view all the answers

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

The notice may be considered invalid, but other proceedings can continue. Signup and view all the answers

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.