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Civil Litigation Process Singapore
The following steps list out the basic processes and timelines for civil litigation in Singapore – from commencing litigation to appeal and enforcement.
Commencement and Default Judgment Process
The Plaintiff will file a Writ of Summons or an Originating Summons, usually with a Statement of Claim.
Within six months (in most cases), the Plaintiff must serve the summons on the Defendant.
Within eight days of service on the Defendant:
the Plaintiff must file a Memorandum of Service; and
the Defendant must file a Memorandum of Appearance
If the Writ of Summons did not include a Statement of Claim, it must be filed and served on the Defendant within 14 days of the Defendant’s filing of the Memorandum of Appearance.
If the Defendant did not enter appearance, Default Judgment may be entered against him/her.
Within 22 days from the date of service of the Writ of Summons, the Defendant must file the Defence and serve it on the Plaintiff. He may also include a counter-claim against the Plaintiff.
Within 14 days after the Defence (and Counterclaim, if any) has been served on him, the Plaintiff may file and serve a Reply (and Defence to Counterclaim, if any).
The Plaintiff may apply for Summary Judgment if the Defendant has no real defence to the claim.
Pre-Trial Process
Summons for Directions:
Summons for Directions are largely procedural and do not really involve the substance of your claim. The courts will hear your lawyers’ arguments and determine how to prepare effectively for trial. The issues determined relate to the filing and exchanging of affidavits, the number of witnesses a party may require, and the number of trial days required. Parties will also need to agree on specific evidence such as expert advice to be used at trial.
Interlocutory Applications:
While preparing for trial, you may want to obtain certain documents and verify certain facts in order to mount a claim or defence, especially when the opposing party refuses to furnish such facts or documents. In such circumstances, your lawyer will assist you to file a Summons and an affidavit to seek the orders you desire. These could be for the court to order the opposing party to provide relevant documents and evidence (applications for discovery), for the court to allow you to amend your claim or defence, applications for default judgment (when the other party has failed to comply with orders of court, for example), or applications for summary judgment (when the other party has no real defence to contest the claim).
Setting Down:
After all evidence has been gathered and affidavits have been filed and both sides’ are certain of their respective cases, a formal application is made to set an action down for trial.
Pre-trial Conference (PTC):
These are sessions with a Judge which your lawyer will attend on your behalf to ensure and confirm that all pre-trial matters and applications have been dealt with before the matter proceeds for trial
Trial and Post-Trial Processes
Trial:
Generally the stages of a trial are as follows:
The Plaintiff will introduce the parties
The Court will mark the bundles of affidavits and documents
Opening statements are read by the Plaintiff followed by the Defendant.
The Plaintiff will call his witnesses. The Defendant will cross-examine the Plaintiff’s witnesses. Then the Plaintiff will re-examine the witnesses.
After all the Plaintiff’s witnesses are called, the Plaintiff will close his case.
Defendant will call his witnesses. The Plaintiff will cross-examine the Defendant’s witnesses. Then the Defendant will re-examine the witnesses.
After all the Defendant’s witnesses are called, the Defendant will close his case.
Legal Submissions and Closing Submissions by parties.
Court delivers its Judgment.
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Judgment:
The Court may pronounce Judgment immediately after listening to the closing submissions. Alternatively, the Court may adjourn the case to consider the evidence and arguments. In such cases, the Court will inform the parties on a later date to attend before the Court for the delivery of Judgment.
Assessment of Damages:
In some cases (for example, personal injury cases), the judge will separate his Judgment into 2 – Judgment on the issue of liability (who’s at fault and for what) and Judgment on the issue of damages (how much should be paid). In such cases, the quantum of damages to be awarded is assessed by a Registrar in a hearing in chambers. The Registrar will hear evidence from appropriate parties, such as the injured plaintiff or medical experts, to determine the appropriate quantum of damages to be awarded, and make an appropriate judgment in due course.
The Appeal Process
Generally, you may appeal against a judgment if you’re not satisfied with it. You may thus appeal to the High Court if you’re not satisfied with a District Court Judgment and appeal to the Court of Appeal if you’re not satisfied with a High Court Judgment.
However, in certain circumstances, you may need to obtain leave (or permission) of the Court to file an appeal. For example, if the amount in dispute or the value of the subject matter does not exceed S$60,000, permission of the Court is required to appeal to the High Court.
The Enforcement Process
Receiving a Judgment in your favour does not automatically mean that the losing party will pay or comply with the Judgment. You may have to resort to taking out separate applications to enforce the Judgment and receive your dues. These include writs of possession, writs of distress, writs of seizure and sale, garnishee proceedings, committal proceedings, and examinations of judgment debtors.
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At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
How We Can Help You
Being trapped in a lawsuit can be distressing for both you and the ones you love. With the wrong step, you could lose things important to you. This is where we come in.
At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side.
Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.