CIV 1 - Pre-Action Considerations PDF

00:02 Welcome to the Civil Litigation Practice Module. This is the first lecture which provides an introduction to the module and an overview of the material in parts one and two of the detailed setup. 00:17 Let\'s turn now to the first substantive topic for this lecture. We\'ll briefly consider...

00:02 Welcome to the Civil Litigation Practice Module. This is the first lecture which provides an introduction to the module and an overview of the material in parts one and two of the detailed setup. 00:17 Let\'s turn now to the first substantive topic for this lecture. We\'ll briefly consider the organization, jurisdiction, and powers of the courts in Singapore that are concerned with civil litigation. You\'ll probably know most of this from your studies in law school and general knowledge, but I\'ll cover it quickly anyway. 00:41 Let\'s start with the Supreme Court. The main primary legislation setting up the jurisdiction and powers of the courts within the Supreme Court is the Supreme Court of Judicature Act 1969 or the SCJA. There\'s also the very important rules of court which are made and amended by the Rules Committee established under the SCJA. As mentioned, a completely set of new rules called the SCJA. 01:10 Rules of Court 2021 were implemented just earlier this year on 1 April 2022. As you should probably know, the Supreme Court comprises the Court of Appeal, the Appellate Division of the High Court and the General Division of the High Court. The Court of Appeal and the Appellate Division of the High Court are Appellate Courts. There are provisions listed in the detailed syllabus that you should read. 01:38 which tells you about the jurisdiction and powers of the Court of Appeal and the Appellate Division of the High Court. And the slide also tells you the parts of the FCJA that you should look at. We will, in a later lecture in this module, cover in further detail the rules on appealing to each of these courts, as well as the allocation of appeals between the courts. And we will also be covering the rules on the transfer of appeals. 02:08 between the two appellate courts. Turning next to the General Division of the High Court, that\'s a court with both appellate and original jurisdiction. As for the appellate jurisdiction of the General Division, you should look at sections 20 to 22 of the SCJA. As for the original jurisdiction of the High Court, what we mean there is that the court is 02:37 is the jurisdiction that the general division has over matters that are commenced for the first time in the general division. For the original jurisdiction as well as the powers of the general division, there are a number of provisions in the SCJA as well as another statute the High Court Admiralty Jurisdiction Act that you should look at. References are all in your syllabus. Essentially, the original jurisdiction of the general division is the 03:06 can be established in one of two ways. The first involves service of an originating claim or any other originating process of the General Division. Service can be done in Singapore or outside of Singapore in the manner prescribed and authorized by the Fools of Court. The second way is by the defendant\'s submission to the jurisdiction of the General Division. 03:35 You should also know that there is a division of the General Division of the High Court, which is known as the Singapore International Commercial Court. That division deals with transnational commercial disputes. There is a separate set of rules made under the Supreme Court of Judicature Act, which prevents the procedures in the SICC. For the purposes of this module, we will not be considering the SICC\'s processes. 04:04 and the other set of rules in detail in the interest of keeping the syllabus and the course manageable. But you should certainly understand that division\'s processes for the purposes of your career in the future. 04:20 As for the powers of the General Division, you should see sections 17b to 17c of the SCJA, which provide for general powers for the General Division to decide matters without hearing oral arguments and a power of summary dismissal. Also read the first schedule to the SCJA for the additional powers of the General Division. Please also carefully read Order 3 Rule 2. 04:49 of the Rules of Court 2021, which sets out the general powers of the court. The general powers listed there are wide-ranging, as you can read for yourself. Just by way of illustration, there is a general power in Rule 2.1 for the court to order otherwise. In the interest of justice, even if provisions in the Rules are expressed using imperative words such as must or shall. 05:21 turn now to the state courts. The primary statute governing the jurisdiction and powers of the state courts is the State Courts Act of 1970. See from section 3 of that act that there are five courts which comprise the state courts. On this slide I\'ve listed the district court and the magistrate court and I\'ve also set out the jurisdictional limitations of each of the courts. 05:49 The relevant sections of the Safe Courts Act resets out those figures are set out in the syllabus. You should also be aware of the jurisdiction of the Small Claims Tribunal. For that you should see Section 5 of the Small Claims Tribunal Act, which you will have to read the Schedule to the Scene Act. The schedule sets out the specified claims that fall within the Small Claims Tribunal\'s jurisdiction. And you should also read the definition of prescribed 06:19 limit is here. 06:26 Next section, I\'ll consider and outline the sources of civil procedural law. 06:37 The first source of law is statutory. The two main statutes are the Supreme Court of Judicature Act and State Courts Act. I\'ve referred to those statutes already. They set out the jurisdiction and powers of the various courts and divisions in the Supreme Court and the State Courts. Next, the rules of court 2021 are, of course, a very important source of procedural rules. As mentioned, 07:04 It\'s an entirely new set of rules which were brought into effect from the 1st of April, 2022. These new rules are based on a draft prepared by the Civil Justice Commission. You can read the Civil Justice Commission\'s report for background on the approach that was taken. And there\'s a reference and citation to that report in the syllabus. 07:30 The new rules apply in general to civil proceedings commenced in the Supreme Court or the state courts on or after 1st April 2022. This means that the old version of the Rules of Court, which I refer to as the Rules of Court 2014, that were in fact immediately before 1st April 2022, continue to be valid for a number of cases that are still in the court system. 07:58 There are transitional provisions that you should read carefully to find out whether a particular case or aspect of a case is governed by the new rules of court 2021 or the old rules of court 24P. For the purposes of this course, however, we will only be considering the provisions of the new rules of court 2021. A very important aspect of the new rules of court 2021 08:28 you should read carefully, are the ideals as listed in Order 3, Rule 1 of the Rules of Court 321. These ideals include fair access to justice, expeditious proceedings, cost-effective work that is proportionate, efficient use of court resources, and fair and practical results suited to the needs of the parties. The ideals will be important to consider. 08:56 when issues of interpretation arise under the Rules of Court 2021. This is because Order 3 Rule 1 states that the rules are to be given a purposive interpretation. Order 3 Rule 1.3 also states that the court must seek to achieve the ideals in all its orders or directs. 09:25 Please also note and read the overview of the Civil Litigation process in Order 2 of the New Rules of Court 2021. Order 2 will provide you with a good introduction and overview of how an action progresses from commencement to conclusion. There is also a helpful flowchart that you can find at Order 2, Rule 15 that will give you a snapshot of the entire 09:54 civil litigation process. The next source of law is, of course, case law interpreting the various rules and the provisions in the SCJA and the State Courts Act. Since the new rules of court 2021 only came into effect on the 1st of April 2022, the cases cited in your syllabus were mostly decided under the old rules of court. So please bear in mind that the equivalent rules 10:23 in the rules of court 2021 may be worded differently, which may in turn have an impact on the principles as set out in the case. 10:36 Next you have practice directions issued by the various courts. The purposes of this module will focus on the provisions in the Supreme Court practice direction. For matters governed by the Rules of Court 2021, the applicable version of the Supreme Court practice directions that you should refer to are known as the Supreme Court practice directions 2021. 11:02 For matters governed by the old rules of court, there is a separate set of practice directions the Supreme Court practice directions 2013. But for this course, we will only be referring to the provisions of the Supreme Court practice directions 2021. An important point to note is that the forms of the various documents that you will need to file in court are all contained in appendix A to the Supreme Court practice directions 2021. 11:32 This is a significant change to take note of as compared to the approach under the old rules where the forms were contained in the rules themselves. You can find the practice directions of websites with respect to your call. 11:48 There are also circulars issued by the Supreme Court and the State Court, as well as the Law Society of Singapore. And those circulars set out important rules of practice that you should be aware of as you enter your practice. 12:06 I turn next to outline the matters that you should consider before you start any action in court. 12:17 The first point to note is about managing the relationship with the client and I\'ll cover this very briefly. Points listed on the slide are the matters that are specific to civil litigation. For any area of practice, you should at the outset document the terms of engagement, ensure that no conflicts of interest and ensure that anti-money laundering checks are done. For the purposes of this module, you just need to be aware that these things need to be done. 12:46 What exactly constitutes a conflict of interest and how you perform the various checks will be considered separately in other modules. You should, of course, document your client\'s instructions as well so that you have a record in the event of a dispute. 13:05 Once you have sorted out the initial client engagement issues, probably the first point you should consider is whether there is a cause of action. That\'s a fairly obvious point. For purposes of this module, you should just be aware that this is a point that you will have to consider at the outset. Whether or not you have a cause of action in any given case is obviously a matter of substantive law, which is beyond the scope of this module. Next. 13:33 you should consider whether the limitation period for the cause of action is still current. If you are the claimant and if the action is time barred, that may be an impediment to your entire case, unless there is an exception that is applicable. And if you are the defendant and if there is a possible time bar, that\'s an obvious defense for you to raise. As for the limitation periods and the exceptions, you should see the Limitation Act of 1959. 14:01 and the relevant sections you should note are mentioned in the syllabus. Another important consideration is amicable resolution. It is important to note that under the Rules of Code 2021, parties are under a positive duty to consider amicable resolution before starting an action and also during the course of any action or appeal. So see in this regard, Order 5, Rule 11 of the Rules of Code 2021. 14:31 Note also that there is a requirement for a party to make an offer of amicable resolution before starting the action, unless the party has reached the ground stock to do so. For this, we will see Order 5, Rule 1-2. An offer of amicable resolution for this purpose means an offer to settle the action or appeal, or making an offer to resolve the dispute other than by litigation, whether in court or in part. 15:00 to see in this regard all the time. 15:06 That attempted amicable resolution and if the dispute is not settled despite your best effort. The next point to consider is where do you sue? We\'ve already covered the jurisdictional limitations of the state courts, so if you fall within those limitations, you should sue in the state court unless you have some other reason for committing your case in the general division. And if you don\'t fall within the jurisdictional limitations of the state courts, you should sue in the general division of the high court. 15:37 Next, another obvious point to consider in deciding where to sue is whether there are any jurisdictional clauses in any contracts that are applicable to the dispute. So for example, if there are any arbitration clauses in any applicable contracts, you should consider whether your dispute that you wish to bring in court falls within the scope of the agreement to arbitrate, or whether it falls outside the scope, in which case you may be able to sue in court. 16:07 Next, if you consider whether there are any pre-action protocols in the next box on the slide that are in place that you need to follow. 16:18 One reaction protocol that you should know about is one that concerns medical negligence claims. So if you\'re handling medical negligence claims, please read the relevant provisions of the practice directions very carefully. There are also special rules that you may need to comply with, and this is the last box on the slide, depending on the applied status or the status of the opposing party. 16:45 and you can just look at the list of special considerations you need to be familiar with in the syllabus. 16:57 We turn now to two applications that you applied in one to bring if they are lacking the evidence they need to start an action. Two applications are first, pre-action production of documents, which under the old rules was referred to as pre-action discovery, and second, pre-action production of information, which is referred to under the old rules as pre-action interrogations. The difference between the two applications is that one seeks documents. 17:26 and the other seeks information that is not contained in the document. The provision in the new rules that allows for pre-action production is Order 11, Rule 11. Rule 11.1 tells us that the court may order such pre-action production to identify possible parties to any proceedings, to enable a party to trace the party\'s property, or for any other lawful purpose. 17:55 in the interest of justice. I\'ve set out on the slides references to the two key cases that are associated with the syllabus. Please bear in mind as you read those cases that they were decided under the old rules of court 2014. Therefore, it remains to be seen whether there will be any modification to the principles in cases decided under the new rules of court, bearing in mind the ideals in the new rules. 18:25 So read those two cases with those general caveats. Another important point for you to note is that for both applications, the non-party against whom you obtain a pre-action production order is entitled to all reasonable costs arising out of such an application. See in this regard order 11, rule 11.3 of the new rules of 18:59 We turn now to the modes of starting proceedings in the general discussion of the High Court. 19:10 There are two modes of starting proceedings. First, by way of an originating claim, which is previously known as a writ of summons. Second, by way of an originating application, which was previously known as an originating summons. The mode that you choose will affect the procedure that has to be followed in the lead up to the court\'s adjudication of the dispute. Speaking generally, the procedures for an originating claim. 19:39 I designed for cases where the material facts are in dispute such that you need a trial to ascertain the truth for an originating claim. Parties file pleadings to set out the material facts in support of their cases. There is also document production, which is a process we will cover in a later lecture. Witness evidence is exchanged and at trial there is cross-examination of witnesses and so on. I will cover these processes later on in this module. 20:09 In contrast, the originating application procedure is much more straightforward. Essentially, both sides state their positions on affidavit and they have written submissions files. The court wishes to hear oral arguments that will then be adhering and the court decides. Provisions governing which mode to use are laid out in Order 6, Rule 1 of the Rules of Court 2021. And I\'ll leave it to you to read those provisions for yourself. 20:38 On this slide, I\'ve set out a simple flow chart you may want to take a quick look at to navigate the provisions or the subrules within Order 6, Rule 1. But please do read the provisions themselves. 20:57 We come now to a few points about matters commenced by an original claim. First, for the form, please look it up. It\'s found in Appendix A to the Supreme Court Practice Directions 2021, as I mentioned earlier. See Form 8 of that appendix for the relevant form. And I\'ve set out as a screenshot of this slide how the two pages of the form look like. 21:25 As you can see, it\'s a fairly straightforward document to prepare. Essentially, you list out the names of the claimants and the defendants, and then there are a set of standard instructions to what the defendant needs to do next. 21:41 The next point to note is that the originating claim must be endorsed with either a general endorsement with a concise description of the claim or a statement of claim in Form 9 of Appendix A to the Supreme Court Practiced Directions. The next point to note is that the originating claim must be endorsed with either a general endorsement with a concise description of the claim or a statement of claim in Form 9 of Appendix A to the Supreme Court Practiced Directions. 22:11 pre-court practice directions. A general endorsement obviously requires much less work. You only need to set out a brief description of the claim. A statement of claim involves pleading all the material facts in support of the claim. And we\'ll consider the requirements of a statement of claim a little later in this lecture. It is important to note that you are only allowed to use a general endorsement. 22:39 if the limitation period is expiring within 14 days except in a special case. For this rule, you should see order 6, rule 5, 4 of the rules of court 2021. What this means is that except if you can show a special case, the general rule is that a general endorsement is only allowed if your limitation period is expiring very soon. 23:08 The idea appears to be that if you\'re rushing to meet a time bar, it is permissible to file the case with just a general endorsement. In other cases, you have to file your original claim with the full statement of claim. And of course, this is just a general rule. You can also file a general endorsement if you\'re able to show your matter is the special case. And what I\'ve just said is just breaking down what the rules say, and you can please do read the provisions for yourself. 23:40 From the date of its issue, the originating claim is valid to be served for 3 months. By valid for service, what we mean is that the originating claim can be served anytime within 3 months of the date of issue. After that time, and if you don\'t renew the originating claim, the originating claim expires. And that means that your action can\'t progress any further and you will have to file a fresh claim. 24:11 which won\'t be problematic if your claim or rather your course of action has since become time barred. The validity of the original claim may be extended by application if the claim has not been served on any or all of the defendants before or after expiry. For this, you should see Order 6, Rule 3.2 of the Rules of Court 2021. 24:39 The court may order the extension of the validity of the originating claim by a period beginning with the next day following the day on which the originating claim would otherwise expire. And for this you should see Order 6, Rule 3.3 of the Use of Court 2021. It is important to note that except in a special case, the court may extend the validity of the originating claim only twice and not twice. 25:08 and by not more than three months each time. And again, for this rule, it\'s also written in order six, rule three, and this is rule three sub four. It remains to again to be seen what exactly amounts to a special case. Turning next to an originating application. As I mentioned earlier, the procedure for originating application is much more straightforward. 25:35 just need to file the application itself and there are two forms that you can use, form 15 or form 16 of Appendix A to the Supreme Court practice, Directions 2021. I\'ve not set up screenshots of the forms here. You can easily look up the forms for yourself from the website of the Supreme Court. The application must also be supported by an affidavit that is to contain all of the evidence that is necessary, all material to the claim. 26:05 The rules on issuing and originating applications, the duration for which the application is valid for service, and the extension of the validity for service are again the same as what is applied for an originating claim. So you can refer to the discussion in the previous slide as well as the provisions there. Finally, please note that there\'s provision for the court to order that a matter be commenced by, that a matter commenced by originating application. 26:33 be converted to an originating claim. And I\'ve set up a provision which mentions this on the slide. 26:47 The next topic we will cover is service. Service is the process by which a party brings a court document or filing to get the party\'s notice. 27:03 We begin with some general provisions and rules of the main modes of effecting service. There are essentially three ways in which service is to be effected as laid out on this slide. First is personal service, which is required for originating processes, in other words, an originating claim or an originating application. How exactly is personal service done? For that, we have to see Order 7, Rule 2-1. 27:32 for an individual defendant, essentially that entails leaving a copy of the document to the person to be served. The person\'s service can also be affected in any other manner if the parties agree. It\'s also set out in Order 7, Rule 2. So it is open to parties to agree that the person\'s service is to be affected, for example, by service on the defendant\'s solicitor. 27:59 For entities, you have to look at Order 7, Rule 2, 1B. And that rule states that personal service on the entity may be affected by leaving a copy of the document within the area, the chairperson of the company, of the entity, and not in the decision abbreviation of what the provision states should be the provision for itself. For companies, the Companies Act also makes specific provision on how service may be affected. 28:27 The relevant provision for you to look up is Section 387 of the Companies Act. If effecting personal service will be impractical for any reason, you may apply for an order for substituted service, which is the second mode of service covered in this slide. The rule that allows for this is Order 7, Rule 7 of the Rules of Court, which is to be read with Paragraph 65 of the Supreme Court to Practice Direction 2021. 28:58 Essentially, this is a mode of service which you can deploy with the court\'s permission or rather with the court\'s order if effecting personal service will be impractical for any reason. 29:12 We should note that the practice direction states that you need to make at least two reasonable attempts in order to obtain an order for substituted service. So please do read paragraph 65 of the Supreme Court Practice Direction 2021 together with order 7, rule 7. 29:32 Third mode of service, also mentioned on the slide, is ordinary service. Ordinary service refers to the mode of service for any document for which the rules do not require personal service. Order 7, rule 3, sets out six ways in which ordinary service may be effective. And you can look up the provision for itself. You will see that the modes are listed there. 30:00 I\'ve leaving the document the address of the person to be served and service by email. 30:11 There\'s two more points of service in general. First, as to the time when services seem to be effective, please take a look at order seven, rule eight of the rules of court, which tells us what is the consequence if you serve a document before 5 p.m. on any particular day or after 5 p.m. on any particular day. Second point to note is an important feature in the new rules of court 2021, and that is that the claimant is required to take 30:40 reasonable steps to effect service as soon as possible and in any event by no later than 14 or 28 days after the issuance of the originating claim or originating application. So we have 14 days to take the reasonable steps if you are effecting service within Singapore and 28 days to take the reasonable steps if you are effecting service outside of Singapore. 31:07 The relevant rules are all stated on the slide. They are all clear. So please do read them carefully. There are consequences if you do not effect service expeditiously. And the consequences are set out in Order 9, Rule 5 of the Rules of Court 2021, which have to be read with paragraph 64 of the Supreme Court Practice Direction. 31:34 Next, we come to service out of jurisdiction. This refers to the process by which an originating claim or originating application may be served on the defendant who is outside of Singapore. To serve out of jurisdiction, you need to first make an application to the court for approval to serve the process out of jurisdiction. To obtain approval, the claimant must show the court has jurisdiction or is the appropriate court to hear the action. 32:04 I take this all from Order 8, Rule 1, 1 of the Rules of Court 2021. The next slide, I\'ll speak a bit more about what I need to show to establish that the Singapore Court is the appropriate court. But before that, let\'s outline the procedure you need to follow to get approval. For the procedure, please read Order 8, Rule 1, 2, which states that you need to file a summons without notice, supported by an affidavit. 32:32 Assumers without notice is an application you file in court. The application is made without notice, meaning as between the claimant and the court only, with no opponent. The reason why it has to be so is that at this stage of the proceedings, the defendant has not even been served yet. So there\'s no counterparty to oppose the application at this stage. There\'s a form for assumers without notice for the form, I look at form 2 of appendix A. 33:02 A. We know it\'s form 2 because that\'s what order 3 rule 5 of the rules of court 231 tells us. And that\'s the provision stating the general procedure that is to be followed whenever you make an application to the court in an action. 33:24 Order 8, rule 1-2 also sets out what is to be contained in the affidavit in support of the application. Essentially, there are three matters to be stated, and I\'ve set out those three matters on the slide. And again, I won\'t read them out. 33:45 I turn next to what we need to show to demonstrate to the court that Singapore is the appropriate court. As I mentioned in the previous slide, showing that Singapore is the appropriate court is one of two ways of obtaining approval to serve and originating process or other document out of jurisdiction. To show that Singapore is the appropriate court, the claimant has to show three things. First, that there is a good arguable case that there is a sufficient nexus to Singapore. 34:15 Second, Singapore is the forum convenience. And third, there is a serious question to be tried on the merits. And I take all of this from paragraph 63, two of the Supreme Court practice directions 2021, which sets out the three requirements and also states that the supporting affidavit must contain evidence of these three methods. To show a good arguable case and that there is a sufficient nexus, sorry, rather to show that there is good arguable case, 34:45 that there is a sufficient access to Singapore, the claimant should refer in the supporting affidavit to any of the non-exhausted lists of factors set out in paragraph 63 of the Supreme Court Practice Direction, 231. It\'s a rather long list and I\'ll leave it to you to look it up and read through it. The list includes showing, for example, that relief is sought against a person who is domiciled, ordinary resident, 35:13 or carrying on business in Singapore, office property in Singapore. I should mention that you\'re not required to know the law in form of convenience for this module as it\'s a matter of substantive conflict of laws, beyond the scope of this civil practice module. For this course, just know that showing Singapore\'s foreign convenience is a requirement you need to show to obtain approval on the basis of the Singapore Code, the human appropriate code. 35:47 If you obtain approval to serve the originating claim or originating application, the next issue is how to effect service out of jurisdiction. The general rules in this regard are stated in Order A, Rule 2, or Rule 4. There are six listed ways of effecting service, and I\'ve reproduced them here on the slide for your reference. 36:15 if you have a contractually agreed mode of service that is quite straightforward to fulfill. Mod F may present a quick mode as well. If for example the law of the foreign country states that is Singapore originating process may be served in the same manner as a process of that foreign court and if a process of that foreign court can be served by a private agent such as 36:45 Please note that there is an overriding requirement that nothing is to be done under Order 8 Rule 2 that is contrary to the laws of the foreign country. This rule please read Order 8 Rule 2.6. Also see Order 8 Rule 3.B for an additional mode of service where you are effecting service in 37:13 or the person in Malaysia or the Prophet Muhammad. 37:24 I turn next to outline the initial steps that are taken where you commence your action as an originating claim. 37:37 So one of the initial documents that you need to file where you commence an action by way of an originating claim is a document known as the Statement of Claim, which I briefly mentioned earlier when covering how an originating claim happens to be commenced. First point to note is that it is the time when the Statement of Claim is preserved. As mentioned earlier, the general rule is that the Statement of Claim is to be endorsed with the originating claim itself. If you did not do so, 38:07 you need to file and serve your statement of claim within 14 days after you have served your original claim on the defendant. And the relevant rules stated are on the slide and in the syllabus. 38:27 Next, as for the form and contents of the Statement of Claim, Order 6, Rule 5.3 of the Rules of Court 2021 states that the relevant form for a Statement of Claim is Form 9. So what we need to do is we have to go to Appendix A to the Supreme Court of Practice Direction 2021, and then look up Form 9. So please do look at that form very carefully. I\'ve set up here an extract of the\... 38:57 state of form 9, it\'s just a screenshot so please look up the actual form itself. Please do read the form carefully for what is to be set out in the statement of claim. So for example there\'s some very detailed statements here. Just read out one, if you look at paragraph one of form 9 it states that you\'re supposed to provide a succinct and precise account of the facts justifying the claim in numbered paragraph. Just another example, paragraph 39:26 A tells us you need to please material facts, paragraph 2, 3A states the evidence by which material facts are to be proved that need not be pleaded, rather that should not be pleaded. So please do read the form itself very carefully to understand what needs to go into the statement of claim and what does not go into the statement of claim. 39:52 Right, so after the statement of claim is served on the defendant, the first step the defendant has to take is to file a document known as a notice of intention to contest or not contest. Under the old rules of this document, or equivalent of this document, known as a memorandum of appearance, a different term is used and the new rules. 40:22 as well as the court, whether or not the defendant intends to contest the proceedings. First point to note is the time that a defendant has to file the notice. The rule that I\'ve cited in this slide tells us the time that a defendant has to file this notice of intention to contest or not contest. So it\'s actually 14 days from service. 40:50 defendant was served in Singapore in 21 days if the defendant was served with the statement of claim outside Singapore. Next point notes for the form of the notice of intention to contest or not contest. Again for the forms we have to look at Appendix A to the Supreme Court practice directions in particular form 10 of Appendix A. On the slide I have just set out a screenshot of the form but please do look up the form for yourself. 41:18 from the Supreme Court practice direction. 41:24 Next we have two points on the effect of filing the Notice of Intention to Contest and the effect of failing to file the Notice of Intention to Contest or not contest. As for the effect of filing the Notice of Intention to Contest or not contest, the rules tell us that filing the notice would not be taken as a submission to the jurisdiction of the court or waiver of any improprieties in the manner in which service was effective. 41:54 The notice is essentially just an initial notification of what the defendant tends to do in relation to the case, as you can see from the form of the previous slide. By filing the notice, the defendant is not willing to respond. So, as for the consequence of failing to file a notice within the time limited in the rules, consequences that the claimant may apply for judgment to be entered. To do so, the claimant must file another document known as a memorandum of service. 42:24 form 12. And again, the form we have to look it up in, obtain the form from appendix A to the Supreme Court practice directions. Right. So the procedure for applying for default judgment, it says out quite clearly the provisions I\'ve quoted in the slide. They\'re also in the detailed syllabus. Please do read them very carefully and do read as well the practice direction provision paragraph 108 of the Supreme Court practice directions, 2A21. 42:54 on top of the rule provisions that I mentioned on the slide. 43:05 So after the notice of intention to contest or not contest this file, the next thing you expect is for the defendant to file a server document known as a defense. The first point to understand is the time the defendant has to file and serve a defense. The defendant essentially, in the rules that are quoted on the slide, has 21 days or 5 weeks after service of the statement of claim. 43:34 on whether service was affected in Singapore or out of Singapore. And you can look up the provisions which set up timelines for itself. 43:52 Right, so I turn next to the form and contents of a defense of the merits of a claim. The offense is to be in Form 13 of Appendix A, the provision which the Paragraph states tells us we have to look at Form 13, it\'s Order 6, Rule 7, 3 of the Rules of Code. And as is the case with the form which we\'ve already seen, the Statement of Claim, we should look at, we need to read Form 13 itself very carefully to find out how\... 44:22 the defence is to be trusted, what needs to go inside the defence and what needs to be left out of the defence. Okay, so please do read Form 13 very carefully. I\'ve set up screenshots here, but please look at Form and read them carefully yourself. Okay, so just by way of illustration, one of the points stated in Form 13 is that you\'re supposed to, in paragraph 1, set up your defence in a very particular way. 44:50 a particular manner of arrangement, so please do take note of that, especially when you do your file management system, as well as in practice. Other points you may wish to note as, note paragraph 10 for example, evidence for which material effects are to be proved that should not go inside the defence, points of law should not go inside the defence, legal arguments and submissions, they don\'t go inside the defence. 45:19 defendant and if you wish to bring your own positive case against the claimant, counter claim against the claimant, the place where you set out your counter claim is within your defense. You can see that at page 2 of form 30. 45:44 An important point to note is that in the new rules of court, a defence is to be filed by the defendant by the time provided for by the rules as I\'ve gone through a few slides back. The defence has to be filed even if the defendant is challenging the jurisdiction of the court. 46:13 and the grounds on which the jurisdiction is being challenged. The defence on the merits need not be found at that stage of the proceedings if what the defendant is doing is to assert that he is challenging the court\'s jurisdiction. So there\'s two further points. First, the rules tells us that a challenge to jurisdiction can be brought on two bases. First is on the basis that the court has no jurisdiction. 46:43 the defendant to begin with. Second, that the court should not exercise the jurisdiction that he has over the defendant and the claims as a matter of the court\'s discretion. The other point to note is that the filing of a defense that challenges the jurisdiction of the court is not to be treated as a submission to the court\'s jurisdiction and that position is 47:17 So the next point to note and understand is the effect of failing to file a defence within the time set up in the rules of court 321. So the consequence is essentially the same as failing to file a notice of intention to contest or not contest by the stated deadline in the rules of court. The claimant may apply to the court for a judgement in default for filing of a defence 47:47 The procedure in this regard is very straightforward and I\'ve cited the whole slide and I\'ve also reproduced a screenshot of the relevant form in the appendix 8, the supreme compact instructions and you can see it\'s a very straightforward form to fill in. 48:09 Next, some brief points if you wish to counterclaim against the claimant and your standing position of the defendant. I\'ve already alluded to this in a previous slide. The defendant wants to bring his own positive claims against the claimant. Defendant must include that counterclaim in the defendant\'s defense on the merits. So the rules aren\'t where we look at. 48:37 in order to find out what goes inside the Carter Claim. That is all contained in Form 13 of Appendix A, which I have shown you in a previous slide. You can also look up the form from Appendix A in the Supreme Court Practice Section 2021. 48:58 Okay, so if the defendant includes a counterclaim in his defense, the next step is that the claimant is required to file a defense to the counterclaim. The deadline for the defense to the counterclaim is 14 days after the claimant is served with the defense and counterclaim. Okay, so that\'s found in Order 6, Rule 9, Rule 9, okay, of those who call 321. 49:28 As for the form of the defence to the counterclaim, we should see form 13 as well. So it\'s the same form that we\'ve seen earlier when we were looking at how the form for the defence is to be laid out, and what needs to be included and what should not be included in the defence. So we use the same form for the claimant\'s defence to the counterclaim. Okay? So again, as I mentioned, you just need to read the form very carefully. 49:57 to understand how the document is to be drafted, what needs to be stated in the document, and what should not be stated in the document. So all these pointers are set up in the form itself. Please read Form 13 very carefully. As for the effect of failing to file a defense 50:27 failure to file a defense to a claim. So you can think of it as in a counterclaim scenario, the claimant stands the position of the defendant and the defendant stands the position of a claimant in relation to the counterclaim. So if the claimant does not file his defense to the counterclaim, the defendant pursuing the counterclaim can then apply for judgment in default. 50:57 of a defense in respect of the conflict. Right. And so you just take a step back and think about things all very logical, the provisions and forms are all laid out on the slides. 51:14 So just a final but important point to note for the process for an version 18 claim. So an important point to note is that the rules of court only to a rule of court 1821 only entail essentially one round of pleadings by default. So the claimant sets out his case in the statement of claim. The defendant sets out his defense to the case in the defense. 51:41 That\'s just one round of pleadings in relation to the claimant\'s case. Where there is a counterclaim, the defendant has to assert and plead the counterclaim in the defence for the first time, and the claimant then responds with a defence to the counterclaim. Again, that\'s just one round of pleadings in relation to the counterclaim. After that, the rules of court 321 counterclaim that nothing further is to be filed by the parties by default. 52:10 that the second round of pleadings cannot be filed. If further material facts need to be pleaded, the court\'s permission is to be obtained at a case conference. And we\'ll consider in the next part of the syllabus what exactly is a case conference and what that entails. But for now, just note that the court\'s permission is required if you want to file more than one round of pleadings. So. 52:38 And another important point to note at this stage is that the rules state that permission will not be granted if the parties merely wish to deny what they have previously stated in the previous pleading or if they wish to repeat or reiterate what has been stated earlier, without adding anything material. So you just need to know that. 53:03 What is the default? 53:12 So I\'ll turn next to outline the initial steps that are taken where you commence your action as an originating application. So the steps, as I mentioned previously, are quite straightforward and can be colored quite quickly, since, as I\'ve said, an originating application entails a much simpler process than an originating claim. 53:45 So as mentioned earlier, the originating application is begun by the claimant filing an originating application that is to be supported by a supporting affidavit. That supporting affidavit, as we stated earlier, is to contain the evidence that is material for the claimant\'s claim in the originating application. So that\'s just our way of recap. The originating application being an originating process, again, our way of recap that needs to be served personally on the defense. 54:15 Then now we come to the next step, which is from the perspective of the defendant, the steps of the defendant to take upon him being served with the claimant\'s application affidavit is to file the defendant\'s affidavit. So the first point to note is the time the defendant has to file this affidavit. So the time is set on order 6, rule 12.1 and rule 12.2. 54:45 essentially either 21 days or five weeks. Okay, so it\'s 21 days if you were served outside of Singapore and it\'s five weeks if you were served, so it\'s 21 days if you were served in Singapore and five weeks if you were served outside of Singapore. 55:10 Next, as for the contents of the defendant\'s affidavit, depends on whether the defendant is challenging the court\'s jurisdiction. So if the defendant is challenging the court\'s jurisdiction, then the defendant need not file an affidavit setting up the merits of his defense to the claim that has been brought by way of the originating application. Instead, the content of the defendant\'s affidavit that affidavit need only state. 55:40 the ground on which the jurisdiction is being challenged. It is rather similar to the approach that is taken in relation to an originating claim. So the other two rules, as you see on the slide, are the same rules that apply where a defendant to an originating claim is challenging the jurisdiction of the court. So I won\'t repeat them. You can read those rules for yourself. 56:07 Next, we deal with the scenario where the defendant to an originating application is not challenging the court\'s jurisdiction. In this scenario, what the defendant\'s affidavit needs to state is set out in Order 6, Rule 13, which I have just recited previously. The defendant\'s affidavit in this scenario has to set out all the evidence that the defendant wishes to bring to the court\'s attention. 56:37 all materials it depends to the clay. 56:47 So there\'s two further miscellaneous points on originating applications before we conclude this lecture. So first point to note is that after the defendant\'s affidavit is filed, no further affidavit may be filed without the court\'s prior permission. And another point to note is that the court will only grant permission in a special case and this requirement while the standard of a special case. 57:14 is stated in the rule itself, which I\'ve cited on the slide. Next, if the defendant to an originating application has a counterclaim to bring against the claimant, the defendant must include the counterclaim in the defendant\'s affidavit, together with all of the evidence that the defendant needs to obtain the relief seeking on the counterclaim. So essentially, it\'s more or less the same. 57:43 approach that is taken in relation to an originating claim, it\'s just that the defendant\'s affidavit takes the place of the defendant\'s defense. And the relevant provisions again are cited on the slides as well as in the detailed syllabus. 58:04 Let\'s turn now to the first substantive topic for this lecture. We will briefly consider the case conference regime under the Rules of Court 2021. The case conference is a hearing that the parties have before a judge or a case conference registrar. You will see on the slide a quote taken from the Civil Justice Commission\'s report. The case conference is meant to serve as the command centre for the litigation process. Through the case conference, the Court sets the timelines 58:32 for the conduct, litigation and the overall tone of the proceedings. 58:39 Let\'s begin with when the first case conference is to be held. The Rules of Court 2021 set default timelines for when the first case conference will be held. The default timelines are set out in Order 9, Rule 1.1. Essentially, the first case conference is held 8 weeks or 12 weeks after the originating claim or originating application is issued. 59:07 It\'s 8 weeks if the originating process is being served in Singapore, and 12 weeks if the originating process is being served outside of Singapore. The reason for the longer period is that it is likely to take longer for you to serve your originating process out of jurisdiction. Those are just the default timelines the court may hold in case conference earlier or later at a party\'s request or at the court\'s own motion. 59:36 The case conference may be held as many times as the Court thinks appropriate, and at any stage even at the appeal stage. Next we look at the purpose of the case conference. We already alluded to the purpose in the previous slide. The statement of the purpose within the rules is contained in Order 9, Rule 2. The purpose is for the Court to take control, set timelines and give directions for the overall conduct of the proceedings. 01:00:06 statements at a case conference. Order 9, Rule 3, tells us that the communications made at a case conference must not be disclosed to the court conducting the trial if the communication in question has been stated by any party to be confidential or without prejudice, or has been marked by the registrar or judge as without prejudice or confidential. The purpose of this rule appears to be to facilitate frank dialogue between 01:00:34 parties in the court conducting the case conference on the resolution of the case. It should be noted that the rules not framed are stating that everything that is said at the case conference cannot be disclosed. Rather, the rule on non-disclosure applies only to matters that are stated or marked to be without prejudice or confidential. Next note that there are serious consequences if a party does not attend a case conference. The relevant rule to look at is Order 9, Rule 4. 01:01:03 The court is empowered to dismiss the action if no party attends the case conference or if the claimant is absent at the case conference. If the defendant is absent but the claimant is present, the court may enter judgment for the claimant, provided that the claimant provides proof that the originating process was duly served on the defendant. These orders may be set aside or varied if there were valid reasons for the absence of the party. 01:01:30 Next, an important point to take note of is that there is now a requirement under the Supreme Court Practice Directions 2021 to file a form known as the Pre-Case Conference Questionnaire. Paragraph 56.1 of the Supreme Court Practice Directions 2021 tells us that the questionnaire is meant to facilitate the Court\'s discussion with the parties of various issues, timelines and milestones for each case. 01:01:59 The practice directions at paragraph 56 also provide for a default timeline for the filing of the completed questionnaire. The default deadline is one week before the first case conference. The parties are to fill out the form to the extent possible in order to discuss their positions before filing the questionnaire. The questionnaire is a very helpful case management tool for the court and the parties. It contains useful information on the status of the proceedings 01:02:28 and the parties\' plans moving forward. It serves as a sort of stock take for the parties before the case conference. Please look up and read the form, Form B6 of Appendix B, to the Supreme Court Practice Directions 2021, very carefully. I have on the screen set out a snapshot of part of the first page of the form to give you an idea of what the form looks like, but please do look up and read the form. 01:02:59 I will briefly touch on the procedure and timelines for challenges to jurisdiction. To recap, we have already in the previous lecture seen how a challenge to jurisdiction is to be brought. Essentially, where the action was commenced by an originating claim, the challenge is to be raised by the defendant in the defendant\'s defence. For proceeding commenced by an originating application, the challenge is to be raised in the defendant\'s affidavit in reply. 01:03:26 In this lecture, we will consider the timelines and procedure that applies where a challenge to jurisdiction is raised in the defendant\'s defence or the defendant\'s affidavit. 01:03:39 So if a challenge to jurisdiction is raised in the defendant\'s defence or affidavit, the court at the case conference has to first give directions to deal with the jurisdictional challenge as a first step before any other directions can be given for the further conduct of the case. The reason for this is quite obvious. If the court\'s jurisdiction itself is being challenged, the court must first decide whether it has jurisdiction to begin with. If the court does not have jurisdiction, the case cannot progress any further. 01:04:08 On the slide, I have set out the default timelines that the court will order at the case conference if the defendant has mentioned in his defence or affidavit that the court\'s jurisdiction is being challenged. The defendant will be ordered to file its application to challenge the court\'s jurisdiction within 14 days, for the form for an application should see Order 3 Rule 5, which tells us how an application in an action is to be filed. 01:04:35 and which form is to be used. Essentially, Order 3, Rule 5 tells us that an application within an action is to be filed as a summons in Form 1 or Form 2 in Appendix A to the Supreme Court Practice Directions 2021. The Court will also order the claimant is to file any affidavit in reply to the jurisdictional challenge within 14 days after the defendant files and serves its application. Thereafter, no further affidavits are to be filed. 01:05:04 court to simply fix the application for hearing within 14 days after all the affidavits have been filed and served. So the process contemplated the new rules for jurisdictional challenges is streamlined. There\'s just one round of affidavits and then the application proceeds to quick hearing. 01:05:28 Let us turn now to consider a new provision that has been introduced in the new rules of court 2021 for originating claims. This is a new provision which states that the court may order the witness evidence may be filed before discovery takes place. 01:05:47 I have set out on the slide the relevant provision providing for the filing of affidavits in evidence in chief before document production. To understand this new provision that has been introduced in the Rules of Court 2021, it would be helpful to explain the order of proceedings as contemplated under the old Rules of Court 2014. Under the old rules for actions that are commenced by writ, 01:06:12 which is the equivalent of an originating claim. The witnesses will set out the evidence in writing in an affidavit. This affidavit is known as an affidavit of evidence in chief. The witness essentially sets out in writing all the evidence the witness wishes to present to the court for the trial. An AIC would be exchanged before the trial after all the pretrial processes have run their course. In particular, the parties would have exchanged the relevant documents they have in their possession and custody. 01:06:41 through a process known as discovery, which we will consider later in this lecture. Under the new Rules of Court 2021, there is now a provision for the Court to order that EICs be exchanged at a much earlier stage of the proceedings. The relevant provision is Order 9, Rule 8. Rule 8.1 provides that if jurisdiction is not being challenged or where a jurisdictional challenge has been resolved, 01:07:07 the Court may in any particular case order the parties to file and serve their lists of witnesses and the affidavits of evidence in chief of some or all of the witnesses, either simultaneously or in sequence. What this essentially means is that as soon as any jurisdictional challenge is resolved, the very next direction that the Court is empowered to make after all the pleadings have been filed is for the parties to tell 01:07:37 or all of those witnesses to file their affidavits of evidence in chief. We should also note that the pre-case conference questionnaire that we talked about a short while ago requires that the parties indicate in their questionnaire whether they think their case is an appropriate one for the court to order the filing of affidavits of evidence in chief before document production. The rules do envisage that the parties\' views are to 01:08:07 under Order 9, Rule 8. The intention behind this provision appears to be to require the witnesses to state their evidence to the best of their recollection without tailoring their cases to the documents that may subsequently come out in document production or discovery. Now, a point to note is that Rule 8 does not mandate that the AICs be found before documents are disclosed. Rather, this is an option or power that the Court has. 01:08:36 and may exercise in appropriate cases. It should also be noted that if the Court exercises its power under Rule 8, it may not necessarily order that all of the witnesses file their AEICs. The Rule specifically recognizes that the Court may order that the AEICs of some or all of the witnesses are to be filed first before the parties exchange documents. So it is entirely possible if the Court may decide 01:09:03 The only specified key witnesses are to file their AICs before the parties proceed further in the case. In terms of the sequence of filing, Rule 8 provides maximum flexibility to the court. The court may order the witnesses for all the parties to file their witness evidence simultaneously. This means that the AICs all get filed on the same day. Or the court may order sequential filing in any sequence. So for example, the claimant 01:09:31 in order to file his AEICs first, and then some time later, the defendant may be required to file his AEICs. B24 CIV - Source of law - Supreme Court - Court of Appeal - Division 1 - 48\. President and Vice-Presidents 49\. Jurisdiction --- general 50\. Composition --- general 51\. Decisions how made 52\. Sittings Division 2 --- Civil jurisdiction - 53\. Civil jurisdiction 54\. Composition --- further provisions 55\. Oral hearing not needed for appellate matters generally 56\. Summary dismissal of certain matters 57\. Applications 58\. Incidental directions and interim orders 59\. Hearing of appeals 60\. Costs of appeal 60A. New trial 60B. Immaterial errors 60C. Appeal not to operate as stay of execution or enforcement Division 3 --- Criminal jurisdiction - 60D. Criminal jurisdiction 60E. Composition when exercising criminal jurisdiction Division 4 --- Post-appeal application in capital case and finding of abuse of process - 60G. Application for permission to make PACC application 60H. Hearing of PACC application 60F. Interpretation of this Division 60I. Procedure for making PACC application, etc., when there is pending PACC application, etc. 60J. Court of Appeal may determine whether application is, or action contains, application for PACC permission or PACC application, etc. 60K. Operation of Division 1B of Part 20 of Criminal Procedure Code 2010 60L. Stay of execution of death sentence 60M. Power of Court of Appeal to make finding of abuse of process when dealing with application or action Appellate Division of the High Court - Division 1 --- General - 30\. President 31\. Jurisdiction --- general 32\. Composition --- general 33\. Decisions how made 34\. Sittings Division 2 --- Civil jurisdiction - 35\. Civil jurisdiction 36\. Composition --- further provisions 37\. Oral hearing not needed for appellate matters generally 38\. Summary dismissal of certain matters 39\. Applications 40\. Incidental directions and interim orders 41\. Hearing of appeals 42\. Costs of appeal 43\. New trial 44\. Immaterial errors 45\. Appeal not to operate as stay of execution or enforcement Division 3 --- Matters that are non-appealable or appealable only with permission - 46\. No appeal in certain cases 47\. Permission required to appeal General Division of the High Court - Division 4 --- Appellate jurisdiction - 19\. Appellate criminal jurisdiction 20\. Appellate civil jurisdiction 21\. Appeals from District and Magistrates' Courts State Courts - Magistrates' Court Less than S\$60,000 District Court Less than S\$250,000 Practice Directions Pre-Action considerations - Managing the relationship with the client - i\. Documenting the terms of engagement. ii. Ensuring that there are no conflicts of interest (for the purpose of this module, the candidate should be aware that proper conflict checks must be done pre- engagement; the substantive rules on conflicts of interest are beyond the scope of this module). iii. Running anti-money laundering checks (for the purpose of this module, the candidate should be aware that AML checks need to be done; how exactly these checks are done is beyond the scope of this module). iv. Taking and documenting the client's instructions. **[Considerations]** prior to commencement of legal proceedings ------- ---------------------------------------- Flags Risk; \[\"mmStockIconFlagRed\", \"\"\] ------- ---------------------------------------- - Is there a cause of action? Is the action time barred? is the limitation period still valid? - s6 of the Limitation Act - Amicable Resolution (**[Order 5 Rule 1(2)]**) - a positive duty to consider amicable resolution before starting an action and also during the course of any action or appeal. So see in this regard, Order 5, Rule 11 of the Rules of Code 2021. there is a requirement for a party to make an offer of amicable resolution before starting the action, unless the party has reached the ground stock to do so. For this, we will see Order 5, Rule 1-2. An offer of amicable resolution for this purpose means an offer to settle the action or appeal, or making an offer to resolve the dispute other than by litigation, whether in court or in part. - Where do you sue? - jurisdictional limitations of the state courts i.e. Magistrates' Court Less than S\$60,000 District Court Less than S\$250,000 IF higher, then general division of the high court. Parties\' duty to consider offer of amicable resolution before commencing action, unless there are reasonable grounds not to do so - i\. Parties have a duty to consider amicable resolution before commencement and during the course of any action. See Order 5 Rule 1(1) of the ROC 2021. ii. A party is to make an offer of amicable resolution before commencing action, unless the party has reasonable grounds not to do so. See Order 5 Rule 1(2) of the ROC 2021. Also see Order 5 Rule 2 of the ROC 2021 for the terms of an offer of amicable resolution. iii. The Court may order parties to attempt amicable resolution. See Order 5 Rule 3 of the ROC 2021. Any jurisdictional clauses ? - jurisdictional clauses in any contracts that are applicable to the dispute. So for example, if there are any arbitration clauses in any applicable contracts, you should consider whether your dispute that you wish to bring in court falls within the scope of the agreement to arbitrate, or whether it falls outside the scope, in which case you may be able to sue in court. Are there any **[special considerations]** due to the status of your client or the other side? Are there any pre-action protocols? (O11R11) - **[O11R11 Pre-action Production]** pre-action production of documents and information is permissible to "identify possible parties to any proceedings, to enable a party to trace the party's property or for any other lawful purpose, in the interests of justice" - Production of documents (O11R11) 1. 2. 3. - Necessity has to be understood in the light of the purpose for which pre-action discovery is sought, which is to assist a plaintiff, who suspects that he has a case against the other party, to obtain the necessary information to allow him to commence proceedings. **[The court will not order production where there is no likelihood of proceedings commencing in Singapore]** - **the procedure is not meant to be employed as an instrument to embarrass and/or oppress others.** - - - - - - - - - A. B. C. D. E. - Disclosing party is generally entitled to costs (O11R11(3)) - There are **[two Modes of Action]** - Does a written law or the ROC 2021 require that the proceedings must be begun by Originating Application or is the proceeding an application to the Court under any written law? - **[Where there are material facts in dispute]** writ of summons = **[Originating claim]** Originating application = **[Orignating summons]** - Form - Endorsements - Issue and Duration = 3 months from issuance - Renewal = 3 months extension - If YES, then you must use an Originating Application. See Order 6 Rule 1(3)(a) and Rule 1(3)(b). - Are material facts in dispute? - If YES, then you must use an **[Originating Claim]**. See Order 6 Rule 1(2). - Form 8 of Appendix A to PDs 2021 (Order 6 Rule 5(1) of ROC 2021) -**[It is important to note that you are only allowed to use a general endorsement which set out a brief description of the claim if the matter is a special case.]** Originating Claim (Endorsement, Issuance, Validity and Renewal) **[renew twice and not more than 3 months each]** - Is the sole or primary issue a question of construction of any written law, instrument or document or **[some question of law]**? - If YES, you must use an [**Originating** **Application**]**.** See Order 6 Rule 1(3)(c). - Originating Application (Endorsement, Issuance, Validity and Renewal) - **[Affidavit containing all evidence]** - Originating Application coversion to Originating Claim ( **[O15R7(6)(c)]**) Form - Contents of affidavit - Issue and duration - Renewal - **[Service]** - When is personal service required? (O7R1(1)(a)) Personal service is permitted when (a) personal service, where expressly required by these Rules or any written law, or where the Court orders such service, or where the serving party decides to do so voluntarily; who may effect Personal Service? (**[O7R2(2)]**) = - \(2) The following persons may effect personal service: (a) a process server of the Court; (b) a solicitor; (c) a solicitor's employee; (d) a litigant who is not legally represented or such a person's employee; or (e) 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. - **[Substituted Service]**(**[O7R7]**) - Substituted service operates as an exception to the rule of personal service when personal service is impractical or impossible. There may be a variety of reasons why personal service is not feasible: the defendant's whereabouts may be unknown, or the defendant is evading service. Substituted service therefore provides methods of service that are most likely to bring the document to the personal attention of the defendant in place of personal service\.... - **[Ordinary Service - 6 ways for effective ordinary services (O7R3)]** a. i. ii. b. c. i. ii. d. e. - \(a) by leaving the document at or posting it to --- (i) in the case of a natural person, the person's usual or last known address or the business address of the person's solicitor; or (ii) in the case of an entity, its registered or principal office or, if none exists, its last known place of business or its solicitor's address; (b) by electronic mail at the electronic mail address provided by the party to be served; (c) by fax, but only if --- (i) both the serving party and the party to be served act by solicitor; and (ii) the solicitor acting for the party\... - **[Service]** must be effected **[timely (O7R8)]** +-----------------------------------+-----------------------------------+ | (5) |   | | | | | | **Failure to Serve** | | | | | | [Order 9, Rule 5, | | | ROC] | +===================================+===================================+ | (1) | If the claimant **[a\^ends the | | | case | | | conference] **but has | | | not served the claimant's | | | origina\^ng claim or origina\^ng | | | applica\^on on the defendant, the | | | Court --- | | | | | | a. b. | | | | | | | | | | | | i. ii. | +-----------------------------------+-----------------------------------+ | (2) | If the claimant fails to serve | | | the origina\^ng process **[by the | | | second case | | | conference]**, **the | | | Court may dismiss the ac\^on.** | +-----------------------------------+-----------------------------------+ - **[(1) Subject to any written law and these Rules (including Order 28 regulating the electronic filing service), when service is effected before 5pm on any particular day, service is deemed to have been effected on that day. (2) When service is effected after 5pm on any particular day, service is deemed to have been effected on the following day\....]** D. Service of originating claim or originating application **[Requirement to take reasonable steps to effect service]**: - Originating Claim (where there is dispute of fact) - Order 6 Rule 5(6) ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- If the origina\^ng claim is to be **[served in Singapore]**, **reasonable steps to serve on the defendant must be made as soon as possible and, in any event, within 14 days a\^er the origina\^ng claim is issued.** ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- - Order 6 Rule 5(7) - Originating Application - Order 6 Rule 11(4) +-----------------------------------------------------------------------+ | If the origina\^ng applica\^on is to be **[served in | | Singapore]**, reasonable steps to serve the origina\^ng | | applica\^on and the suppor\^ng affidavit on the defendant must be | | made as soon as possible and, in any event, **within 14 days a\^er | | the origina\^ng applica\^on is issued.** | +=======================================================================+ |   | | | |   | +-----------------------------------------------------------------------+ - Order 6 Rule 11(5). - **[Order 7 Rule 8]**, failing which, Court may dismiss the claim under **[Order 9 Rule 5]** read with **[Para 64]** of the SCPD 1. 2. - Order 9 Rule 5: Failure to effect service may result in **[dismissal of the action]** +-----------------------------------------------------------------------+ | If the claimant **[a\^ends the case conference] **but has | | not served the claimant's origina\^ng claim or origina\^ng | | applica\^on on the defendant, the Court --- | | | | a. b. | | | | | | | | i. ii. | +=======================================================================+ | If the claimant fails to serve the origina\^ng process **[by the | | second case conference]**, **the Court may dismiss the | | ac\^on.** | +-----------------------------------------------------------------------+ - Para 64 PD - Court\'s power to dismiss action - **[Service out of jurisdiction]** Affidavit is to state: (i) why the Court has the jurisdiction or is the appropriate court to hear the action; (ii) in which country or place the defendant is, or probably may be found; and (iii) whether the validity of the originating process needs to be extended. - \*Overriding rule that nothing is to be done that is contrary to the laws of the foreign country: see **[Order 8 Rule 2(6)]** what are the three matters that need to be stated whether the Court is the \"appropriate court\"? **[Order 8 Rule 1(1) read with Para 63 of the PD]** (must show that the Court has **[jurisdiction]** or is the **[appropriate court]**). 1. 2. a. b. c. 3. 4. 1. 2. a. b. c. 3. a. b. c. d. i. ii. iii. iv. e. f. i. ii. g. h. i. j. k. l. m. n. o. p. q. r. s. t. - Manharlal Trikamdas Mody v Sumikin Bussan International (HK) Ltd \[2014\] 3 SLR 1161 at \[78\]--\[84\] (full and frank disclosure arguably still required). - **[6 ways]** How to effect **[service out of jurisdiction O8R2]** (a) according to the manner contractually agreed between the parties; (b) where there is a "Civil Procedure Convention" governing service in the foreign country, according to the manner provided in that convention (see Third Schedule to ROC 2021 for the list of Civil Procedure Conventions); (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 that foreign country; (f) according to the manner provided by the law of that foreign country. - Pleadings - **[Statement of Claim (Originating Claim)]** - Initial Steps - Statement of claim must be **[endorsed]** and served within **[14 days (Order 6 Rule 5)]** - Format of the Statement of Claim (Form 9 of Appendix A to the Supreme Court PD, read with Order 6 Rule 5(3)) ------- -------------------------------------------------------------- Flags  Risk; \[\"mmStockIconFlagRed\", \"\"\] ------- -------------------------------------------------------------- - **[Notice of Intention to Contest]** **[14 or 21 days]** (**[Order 6 Rule 6(1) & (2)]**) - Effect of failure to file (**[O6R6(4)]**) **[Failure = default judgement]** - Application for default judgement (**[Para 108 PD]**)) 1. a. b. c. 2. 3. - Defence and Counterclaim - Defence - Time for service: **[21 days or 5 weeks]** (**[Order 6 Rule 7(1) -(2)]**) 1. 2. - Format of the defence must be in Form 13 (Order 6 Rule 7(3)) ------- ---------------------------------------- Flags Risk; \[\"mmStockIconFlagRed\", \"\"\] ------- ---------------------------------------- 1. 1. a. b. c. d. e. 2. 3. 4. 5. 6. 7. 8. a. b. 9. a. b. c. 10. a. b. c. - Challenging jurisdiction (Order 6, Rules 7(4)-(6)) **must file and serve a defence [stating the ground on which the defendant is challenging the jurisdiction of the Court]** - Effect of failure to file (Order 6 Rule 7(7) read with Form 14 Appendix A to the Supreme Court Practice Directions 2021) **[Failure = Defualt judgement]** - Counterclaim - Counterclaim to be filed and served with defence (Order 6 Rule 8(1)) within 14 days - Defence to Counterclaim (O6R9) **[within 14 days]** - **[Each Party entitled to file only one round of pleadings.]** Further pleadings requires approval (Order 6 Rule 10) - **[Originating Application]** - Miscellaneous points - Affidavits - Defendant\'s Affidavits (**[Where jurisdiction is challenged]**) - Time for service Order 6 Rule 12(1) and (2) = **[21 days or 5 weeks]** after service of the originating application and affidavit - Contents where jurisdiction is filed and justidiction being challenged (ORder 6 Rule 12 (3), (4) and (5) ) (a) An affidavit on the merits need not be filed. Instead, the affidavit is to state the ground on which the defendant is challenging the jurisdiction of the court. See Order 6 Rule 12(3) of the ROC 2021. (b) A challenge to jurisdiction may be on the basis that the Court has no jurisdiction or on the basis that the Court should not exercise its jurisdiction to hear the action. See Order 6 Rule 12(4) of the ROC 2021. (c) The filing of an affidavit challenging the jurisdiction of the court is not treated as a submission to jurisdiction. See Order 6 Rule 12(5) of the ROC 2021. - Contents where jurisdiction is **[not]** challenged (Order 6 Rule 13) **[must contain all evidence necessary or material to the defence]** - Case Conference - In general - When will the **[first case conference]** be held? (Order 9 Rule 1(1)-(3)) = **[8 or 12 weeks]** - **[Defendant\'s chance to file challege of court\'s jurisdiction after Case Conference]** ------- -------------------------------------------------------------- Flags  Risk; \[\"mmStockIconFlagRed\", \"\"\] ------- -------------------------------------------------------------- - Where jurisdiction is challenge An affidavit on the merits need [not] be filed. Instead, the affidavit is to state the ground on which the defendant is challenging the jurisdiction of the court. See Order 6 Rule 12(3) of the ROC 2021. - Where jurisdiction is **[not challenged]** Must contain all evidence that is necessary or material to the defence: See Order 6 Rule 13. - Purpose of a case conference (Order 9 Rule 2). = The Court takes control of the proceedings, sets timelines and gives directions for the proceedings. - Non-disclosure of communications (Order 9 Rule 3) - Rule 3 assures the parties that they would be able to communicate with candour during the case conference where **[confidential or privileged communication will not be disclosed to the trial judg]**e. Such communications are particularly necessary, given the court's broad ambit under Order 5, including suggesting solutions for the amicable resolution of the dispute to the parties under Order 5 rule 3(5). Rule 3 gives effect to section 23(1) of the Evidence Act 1893 (2020 Rev Ed) and also makes clear that the qualifications to that provision in section 23(2) of the Evidence Act would also apply to communications\... - Orders that may be made in the event of the absence of parties (O9R5) - Rule 5 is new and incentivises the claimant to observe the timelines prescribed by Order 6 rules 5 and 11 to take reasonable steps to effect service on the defendant within the validity of the originating process. It thereby gives effect to the shortened validity and renewal periods for originating processes under Order 6 rule 3. The implication of rule 5(1)(a) is that a claimant who commences an action in court is under an obligation to take reasonable steps to effect service expeditiously, failing which he would run the risk of having his action dismissed. The court may allow the claimant to take certain remedial actions by a second case conference under rule 5(1)(b), **[failing which he faces the same prospect of having his action dismissed.]** - **[Pre-Case Conference Questionnaire]** (Para 56 Supreme Court Practice Directions 2021) - The Pre-Case Conference Questionnaire requires parties to indicate whether their case is an **[appropriate case for AEICs to be filed before production of documents]**: ------- ---------------------------------------- Flags Risk; \[\"mmStockIconFlagRed\", \"\"\] ------- ---------------------------------------- 1. a. b. c. d. 2. a. b. c. 3. a. b. c. d. e. 4. i. ii. 5. a. b. c. d. e. 6. a. b. c. 7. a. b. c. d. e. f. g. i. ii. 8. a. b. c. - Challenging jurisdiction raised in Defendant\'s defence/affidavit (Order 9 Rule 7(2))) a. b. c. - AEIC\'s before Documents - when? when there are few disputes on facts. (O9R8) The Court may order that AEICs be exchanged before the parties exchange documents (O9R8) **[In principle, the claimant is to proceed on the strength of his own case and not on the weakness of the defendant's case]**. Under rule 8, the court will first determine whether the list of witnesses and AEICs of all or some of the witnesses should be filed before the production of documents under Order 10. If so, the court will then determine whether the AEICs should be filed simultaneously or in a particular sequence. Rule 8(1) was drafted to provide the court with the discretion to order AEICs to be filed simultaneously or in any sequence to ameliorate some of the difficulties that may arise from the filing and exchange of AEICs before production of documents: The court will not exercise its power under rule 8 if parties are unable to prepare their AEICs without the documentary evidence uncovered during the disclosure of documents. This is especially so for cases where there is **[asymmetry of information]** as the party without the necessary information may have difficulties preparing his AEICs without the disclosure of documents. ------- -------------------------------------------------------------- Flags  Risk; \[\"mmStockIconFlagRed\", \"\"\] ------- -------------------------------------------------------------- - **Note that the Pre-Case Conference Questionnaire requires parties to indicate whether their case is an appropriate case for AEICs to be filed before production of documents**: see question 5a of Form B6 of Appendix B to the Supreme Court Practice Directions 2021.