- Parties are expected to try to settle before they sue, and to keep that option open throughout.
- Most claims begin with an Originating Claim, which replaced the old Writ of Summons.
- A defendant served in Singapore has 14 days to say whether it will contest the claim and 21 days to file a Defence.
- The court controls the timetable through case conferences.
- Cases can end early through settlement, default judgment, summary judgment or striking out.
Before the case: trying to settle
The Rules of Court 2021 require a party to consider amicable resolution before starting a court case. A claimant should generally make a written offer to settle first, unless there are reasonable grounds not to. Refusing reasonable attempts to settle can count against a party when the court decides costs.
Starting the claim
Most claims begin with an Originating Claim, which replaced the Writ of Summons. It is used where the facts are disputed and witnesses will need to give evidence. It normally comes with a Statement of Claim, which sets out the facts relied on and what the claimant wants.
Where the dispute turns mainly on law or on documents rather than disputed facts, the case may start with an Originating Application instead. These are usually decided on affidavit evidence without a full trial.
The papers must then be served on the defendant. An Originating Claim is valid for service for three months from issue, and the claimant must take reasonable steps to serve it within 14 days (28 days if the defendant is overseas).
The defendant's response
The deadlines run from service of the Statement of Claim:
- Notice of Intention to Contest or Not Contest: 14 days if served in Singapore, 21 days if served overseas.
- Defence, and any counterclaim: 21 days if served in Singapore, 5 weeks if served overseas.
If the defendant misses these deadlines, the claimant can apply for default judgment. Setting aside a default judgment later is possible but harder than responding on time. After the Defence, further pleadings generally need the court's permission.
Case management
The court holds a case conference, generally about 8 weeks after the claim is issued (12 weeks if the defendant is served overseas). The court uses case conferences to set the timetable and give directions.
Under the Rules of Court 2021, pre-trial applications are usually brought together in a single application rather than one at a time. Further applications need the court's permission.
Before trial, the parties exchange relevant documents and file written witness statements, called affidavits of evidence-in-chief. The court may also direct the parties to try mediation.
Ending a case early
Not every case goes to trial. A case may end through:
- settlement, which can happen at any stage;
- default judgment, if the defendant does not respond in time;
- summary judgment, where the defendant has no real defence;
- striking out, where a claim or defence is legally or factually unsustainable.
Trial, judgment and costs
At trial, each side's witnesses confirm their written evidence and are cross-examined by the other side. Both sides then make closing submissions, and the judge decides, either on the day or later in writing.
The losing party is usually ordered to pay part of the winner's legal costs, though rarely all of them. An appeal may be possible, but there are short time limits and it is not simply a second attempt at the case.
Getting advice on your situation
Court deadlines are short and fixed. If you are thinking of suing, or have been served with court papers, a lawyer can check the deadlines that apply to you and explain your options.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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