CIVIL LITIGATION

1.                  Letter of Demand

1.1     The Claimant’s solicitors will issue a Letter of Demand to the potential Defendant with the details of the claim and the amount claimed.  The Letter of Demand will state that the Claimant will commence legal action against the potential Defendant if the claim-amount is not paid within the stipulated period.

2.                  Starting a civil action

2.1       A civil action begins by filing a claim document called an originating process.  This process can be by a Writ of Summons or originating summons.

2.2      The most common example is the Writ of Summons. This Writ of Summons is filed as a suit in the District Court or Magistrate's Court depending on the amount of the claim.

2.3            A Plaintiff (party making the claim) must file and serve the Writ on a Defendant (party against whom the claim is made).

2.4      The District Court hears civil actions where the disputed amount does not exceed $250,000. Parties may also agree in writing to have the matter heard by the District Court, even though the sum in dispute exceeds $250,000. Where the plaintiff limits his claim to $250,000, the District Court can also hear the case.

2.5      The Magistrate's Court has the power to hear civil actions where the disputed amount does not exceed $60,000.

3.                  Service of Writ

3.1        After the Writ of Summons is issued, the party making a claim (Plaintiff) must serve the writ on the party against whom he is claiming (Defendant).

3.2            The Plaintiff may ask a lawyer or a lawyer’s clerk for process server to personally serve the writ.

3.3           In the event two (2) attempts of personal service are unsuccessful, the Plaintiff may apply to Court for “substituted service” (e.g. to put the document on the door of the Defendant’s home to inform the Defendant).

Defending A Claim

4.                  Memorandum of Appearance

4.1            If a Defendant wishes to contest the claim in the Writ, he must file a Memorandum of Appearance (MOA) within 8 days after receiving the Writ.

4.2            If the Defendant does not wish to contest the claim, he can follow the instructions in the Writ, e.g. pay the Plaintiff.  This would minimize the legal costs he has to pay to the Plaintiff in comparison to if he contested the claim.

 5.                 Defence/Counterclaim

5.1        If a Defendant wishes to contest the claim, he must file his Defence in Court and serve a copy of his Defence on the Plaintiff within 22 days from the date of service of the Writ.

5.2       If a Defendant thinks that he has any claim against the Plaintiff, he may make a Counterclaim in the same action brought by the Plaintiff.

5.3               In such a case, the Defendant will be filing a Defence and Counterclaim.

6.                 Reply and Defence to Counterclaim

6.1         A Plaintiff may serve his response on the Defendant within 14 days after the Defence (and Counterclaim) has been served on him.  This is known as the reply to the Defendant (and Defence to a Counterclaim, if there is one).

Upfront Disclosure

7.                 List of Documents

7.1          In legal proceedings, disclosure or discovery is the process to make available evidence that is relevant to the case to the other party. For MC cases, disclosure must be done upfront through a List of Documents. When a party files and serves a Pleading, he must also file and serve a List of Documents in the format set out in Form 234 of the Rules of Court.

•             A Pleading is a legal document filed in a writ action in which a party formally sets out the facts supporting his case. Some examples are: Statement of Claim, Defence, Defence and Counterclaim, Reply.

•             A List of Documents must set out the documents that a party has which are relevant to the case. It will include documents that support his case or the other party's case, for example, a contract or loan agreement, and letters exchanged between the parties before the dispute arose.

Default Judgments

Paragraphs 7 to 11 apply to default judgments, i.e. where there has been either a failure to file an MOA or Defence.  If there is no such default, refer to paragraph 11 on the next step(s).

8.      Judgment in Default of Appearance

8.1    If a Defendant fails to file the MOA within the time limit, the Plaintiff may enter a judgment against him.

9.        Judgment in Default of Defence

9.1               If the Defendant has been served the Writ and filed the MOA, but does not file and serve any Defence within the time limit, the Plaintiff may apply to the Court for judgment to be entered against him.

 10.    Final Judgment

10.1   A judgment in default may be a final judgment, for example, to pay the Plaintiff an amount of money, interest on the amount and legal costs.

11.     Interlocutory Judgment

11.1    A judgment in default which is not for a fixed amount of money may be an interlocutory judgment. In this case, there will be an assessment of damages hearing fixed, where the amount of money, interest, and legal costs payable to the Plaintiff will be determined by the Court.

12.      Setting Aside Default Judgments

12.1  The Defendant may apply to the Court to set aside or vary such a judgment as the Court thinks just.

Pre-Trial Processes

13.             Case Management Conference (CMC)

13.1           If a Defence is filed, the Court will notify parties to attend a CMC. A CMC is conducted for cases which do not fall in the non-injury motor accident ("NIMA") or personal injury ("PI") categories.

13.2           Parties are encouraged to negotiate before coming to the CMC. They should be able to do so as they would know the strengths and weaknesses of each other’s case through the upfront disclosure of relevant documents to the other party.

13.3           Before attending the CMC, each party must file:

13.4           Form 3 - List of Issues in Dispute and List of Witnesses. This will inform the Court and the other party of the areas of dispute and the witnesses that will be called to give evidence in support of his case.

13.5           Form 7 - ADR Form. This will inform the Court and the other party of which Alternative Dispute Resolution option he prefers to help resolve the case.

At the CMC:

§     The Court will assist parties to narrow the issues, deal with any interlocutory matters (namely matters of procedure that each party must deal with to prepare their case) as well as consider all available options with the parties for resolution of the case.

§     The Court may also direct parties to mediation or any other ADR option if the Court is of the view that doing so will help to resolve the case.

•          If the case cannot be resolved without a trial, the Court will give directions for trial.

14.             Alternate Dispute Resolution

14.1           Trials are not the only way to resolve a dispute. The State Courts encourage all parties to explore alternative processes which may be more suitable for them.

14.2           Parties can consider the following Alternative Dispute Resolution (ADR) options listed below. For more information, please refer to www.statecourts. gov.sg (interested in mediation/ADR).

•                    Mediation -This is a process in which a neutral third party; i.e. a mediator, facilitates and guides the parties in negotiating a mutually acceptable settlement to their dispute.  The mediator does not determine who is at fault in the dispute.  Instead, he helps the parties to focus on finding solutions that meet their concerns, without forcing a decision on either party.  Mediation is the most common option chosen by parties.  It is fast and helps to preserve relationships. Mediation is a service provided by the State Courts Centre for Dispute Resolution (SCCDR) and the Singapore Mediation Centre. In the SCCDR, mediation is free for Magistrates Court claims, while a fee of $250 per party is charged for District Court claims (from 1 May 2015 onwards).

•                    Neutral Evaluation - Neutral Evaluation is conducted by a neutral third party; i.e. an evaluator, who will review the case and provide an early assessment of the merits of the case. During Neutral Evaluation, the parties, with their respective lawyers, will present their case and the key evidence to the evaluator. The evaluator will then provide his best estimate of the parties' likelihood of success at trial. Neutral Evaluation is a service provided by the SCCDR where a judge will be your evaluator. Neutral Evaluation is also free for Magistrates Court claims, while a fee of $250 per party is charged for District Court claims (from 1 May 2015 onwards).

•                    Arbitration - This is a process where parties agree to resolve the dispute by bringing the matter before a neutral third party; i.e. an arbitrator, for decision. During an arbitration hearing, both parties, with their respective lawyers, will present their case to the arbitrator. The arbitrator will make a binding decision based on the merits of the case, i.e. the parties must obey the arbitrators decision. The Law Society of Singapore provides low-cost arbitration services through the Law Society Arbitration Scheme (LSAS).

15.             Setting Down

15.1       If the case cannot be settled, the CMC Judge will give directions to the parties to prepare for trial and fix the trial date.

The CMC Judge may give directions to the parties for, e.g.

15.2     Inspection - To look at the original documents in the Llst of Documents and make copies to prepare your case.

15.3       Exchange of Affidavits of Evidence-in-Chief (AEIC) - The preparation and exchange of witness statements under oath (or AEICs) which each party is relying on, and any objections to such statements.

15.4    Number of Witnesses -The number of witnesses a party may require and the number of days a trial may require.

15.5         Other Matters - Other matters such as specific evidence by expert advice or photographs to be used in trial.

16.             Simplified Trial

16.1           Once all the pre-trial matters to support a party's case have been dealt with, the CMC Judge will fix the trial date.

16.2           Most cases will be simplified trials with a short hearing to save time and costs for the parties.

Trial & Post-Trial Processes

17.             Trial

At the trial, both parties will take turns to present their case to the Judge. Generally, the process is:

•   Opening statements - Setting out the parties' case as to the facts and the law.

•   Presentation of evidence - Calling witnesses to give evidence.

•   Closing submissions - Summarising the trial evidence and reasons why the Court should rule in favour of a party.

18.             Judgment

19.             Assessment of Damages

 Appeal Processes

20.             Appeal to District Judge in Chambers

20.1           Parties appearing in Court for hearings may have their case heard by a Deputy Registrar or a Magistrate or District Judge.

20.2       If the case is heard by a Deputy Registrar, a party who is not satisfied with the judgment, order or decision may file an appeal to a District Judge within 14 days of the judgment, order or decision and the Appeal will be heard by a District Judge in chambers.

20.3           No permission from the Court is needed to file such an appeal.

21.             Appeal to High Court Judge in Chambers

21.1           A party who is not satisfied with the judgment, order or decision made by a District Judge in chambers, may file an appeal to a High Court Judge in chambers within 14 days of the judgment.

21.2           Permission of the Court to appeal is required if the amount in dispute or the value of the subject-matter does not exceed $50,000.

22.             Appeal to High Court after Trial

22.1           After a trial court hearing, a party who is not satisfied with the judgment may file an appeal within 14 days from the delivery of the judgment.

22.2          Permission of the Court to appeal is required if the amount in dispute or the value of the subject-matter does not exceed $50,000.

23.             Pre-Enforcement

23.1           Examination of Judgment Debtor

24.             Enforcement Processes

24.1           Writ of Execution

•                    To   enforce payment by a Debtor, a Creditor may apply for a Writ of Execution,

                   e.g. Writ of Seizure and Sale (WSS) of movable and immovable property, Writ of Delivery and Writ of Distress.

•                A WSS authorises the Court Bailiffs to enter the Debtor's home to identify and affix a seal on ("seize") the Debtor's furniture and arrange an auction sale of the property. The proceeds of the sale will be used to pay the judgment debt (after deducting the execution costs and the Bailiff expenses).

•                    A party who claims that the seized items belong to him and not the Debtor may apply to Court for the Court to decide who the rightful owner of these items is.

24.2           Garnishee Proceedings

o               A Creditor who knows the source of income of the Debtor may use garnishee proceedings to recover the sum owed to him by the Debtor from a third party (Garnishee). This method of enforcement changes the Garnishees obligation to pay money to the Debtor into an obligation to pay the Creditor.

o                For example, the Creditor may apply to Court to order a bank (Garnishee) to pay the money in the Debtors bank account to the Creditor. The Creditor and Garnishee may require the Debtor to pay the legal costs for the application.

Adopted from State Courts, Singapore

Updated on 13 May 2016