Pre-trial conference (Singapore)

A pre-trial conference (PTC) is a proactive case management mechanism provided for under Order 34A of the Rules of Court. At the PTC, the Court monitors the progress of the cases and gives the necessary directions in order for the just, expeditious and economical disposal of the action.

PTCs are usually conducted by a Registrar and the first PTC is usually scheduled six weeks after the filing of the Writ. If the Writ is served, the first PTC will be re-scheduled to within eight weeks from the date on which the Writ is served or the Memorandum of Appearance is filed.

At PTCs, the Registrar will usually seek an update on the status of an action. Directions will then be given for the parties to progress the action in an expeditious and fair manner e.g the filing of interlocutory applications and the timelines therein. An action may go through several PTCs. Parties who reach a settlement at a PTC may record the settlement before the Registrar. Otherwise, trial dates will be given for matters that cannot be settled.

PTCs may also be conducted by Judges (“JPTCs”) to facilitate a more active role in case management. JPTCs are usually scheduled after the completion of Discovery and again after the exchange of the Affidavits of Evidence-in-Chief of the witnesses.

As part of the effort to promote the efficacious and amicable resolution of disputes, an Alternative Dispute Resolution Form (“ADR Form”) has been introduced for parties’ consideration in respect of Writs filed on or after 1 December 2013. Directions on the completion and submission of the ADR Form may be given by the Registrar at the first (or subsequent) PTC. Where parties indicate an interest to attempt mediation, the Registrar may give directions for the parties to approach the Singapore Mediation Centre to obtain a mediation date. The Registrar may order that court timelines be held in abeyance pending mediation.

The Court Fees payable for the filing of the documents in respect of Pre-trial Matters may be found in Appendix B of the Rules of Court.

=Overview= In general, the High Court deals with matters where the value of the subject matter of the claim exceeds S$250,000.00

There are, however, some processes not bound by monetary limits that are dealt with in the High Court. These include:
 * Admiralty Proceedings
 * Bankruptcy Proceedings
 * Company Winding-Up Proceedings
 * Applications for Admissions of Advocate and Solicitors
 * Powers of Attorney
 * Applications for Practising Certificates.

=Life Cycle of a Civil Case= The diagram below provides an overview of the typical life cycle of a civil case when it is tried in the High Court.

=Modes of Commencing an Action=

The Rules of Court are the main subsidiary legislation on Singapore’s civil procedure. Under the Rules of Court, there are two modes of commencing a civil action:
 * By Writ of Summons; and
 * By Originating Summons.

Writ of Summons (Order 6 of the Rules of Court)
A Writ of Summons is a formal document addressed to the defendant requiring him to enter an appearance if he wishes to dispute the plaintiff’s claim. Civil actions involving substantial disputes of fact are commenced by way of a writ.

These include, but are not limited to:


 * Contract actions, eg, claim for damages resulting from breach of contractual terms and obligations, etc;
 * Tort actions, eg, claim for damages in respect of property damage resulting from road accidents and negligence, Claim for damages resulting from fraud and defamation, etc;
 * Personal Injury actions, eg, claim for damages in respect of personal injury and / or death resulting from road and industrial accidents or negligence, etc;
 * Intellectual property actions, eg, claim for damages resulting from the infringement of copyright, trademark or patent, etc; and
 * Admiralty and Shipping actions.

A writ must be in Form 2 of the Rules of Court.

Originating Summons (Order 7 of the Rules of Court)
An action is commenced by way of an Originating Summons where:


 * It is required by statute; or
 * The dispute is concerned with matters of law in respect of which there is unlikely to be any substantial dispute of facts.

Compared to a Writ of Summons, the Originating Summons is a simpler and swifter procedure for the resolution of disputes as it is determined generally on affidavits filed and does not involve pleadings or many interlocutory proceedings. However, many of the requirements concerning issuance, duration, renewal and service with regard to a writ may apply, with the necessary modifications, to an Originating Summons. An Originating Summons may be in Forms 4 or 5 of the Rules of Court, depending on which is appropriate.

=Pre-Trial Matters=

Issuing a Writ of Summons
An action may be commenced by the filing of a Writ of Summons (“Writ”) in the High Court. Pursuant to Paragraph 104 of the Supreme Court Practice Directions, court documents must be filed electronically under eLitigation. If a plaintiff is represented by a solicitor, the solicitor may file the Writ online if he is registered user, or at the LawNet Service Bureau. If a plaintiff is unrepresented, he may file the Writ himself at the LawNet Service Bureau. The LawNet Service Bureau located at Level 1 of the Supreme Court Building. For more information on the Service Bureau’s opening hours, document filing charges and step-by-step guide on filing, please click here.

The Writ is issued after being signed and sealed by the Registrar. A copy of the sealed Writ is returned electronically through eLitigation for service on the defendant. If a plaintiff filed the Writ at the LawNet Service Bureau, the sealed Writ may be collected from the LawNet Service Bureau for service on the defendant.

Validity of the Writ
A Writ is generally valid for 6 months from the date of issue (except in Admiralty Proceedings, where the Writ is valid for 12 months). Where a Writ is to be served out of jurisdiction (i.e. outside Singapore), it is valid for 12 months from the date of issue.

If the plaintiff does not serve the Writ within the validity period, he has to apply to the Court to renew the Writ by way of a summons. The Court may renew the Writ for up to 12 months. Entering Appearance If a defendant is served with a Writ within jurisdiction and wishes to defend the action, he has to enter an appearance in the action, within 8 days after service of the Writ, by filing with the Court and serving on the Plaintiff a Memorandum of Appearance. If the Writ is served out of jurisdiction, the defendant has 21 days after service of the Writ to enter an appearance in the action.

Judgment in Default of Appearance
If the defendant fails to enter an appearance within the time specified in the Writ, the plaintiff may enter judgment against him. This may be either a final judgment or an interlocutory judgment, depending on the nature of the claim. The defendant may apply to the Court by summons to set aside or vary the judgment.

Pleadings
A pleading is a party’s written statement of the facts on which he relies for his claim or defence, as the case may be. Pleadings serve to crystallise the positions of the parties for the trial so that parties may prepare for the trial accordingly and not be taken by surprise. This saves time and expense as the trial will not be unnecessarily lengthened by matters that are not in dispute.

There are no pleadings in actions commenced by Originating Summons.

The typical pleadings in an action commenced by a Writ are:
 * Statement of Claim
 * Defence or Defence and Counterclaim
 * Reply or Reply and Defence to Counterclaim

Statement of Claim
A Statement of Claim sets out the relevant facts establishing the plaintiff’s claim. A statement of claim may be endorsed on the Writ and served together with the Writ. Where a Writ does not have an endorsed statement of claim, the Statement of Claim must be filed and served on the defendant within 14 days of the defendant entering an appearance in the action.

Defence or Defence and Counterclaim
Where the defendant has entered an appearance and intends to defend an action, he is required to file and serve his Defence 14 days after the time limited for entering an appearance or after the service on him of the Statement of Claim, whichever is later. If a defendant alleges that he has any claim or is entitled to any relief or remedy against the plaintiff, he may file and serve a counterclaim in the same action brought by the plaintiff. In such a case, the defendant’s pleading is known as the Defence and Counterclaim.

Judgment in Default of Service of Defence
Where the defendant has been served with the writ and has entered an appearance but has not served a Defence, the plaintiff may apply to the Court to enter judgment against the defendant. This may be either a final judgment or an interlocutory judgment, depending on the nature of the claim. The defendant may apply to the Court by summons to set aside or vary the judgment.

Reply and/or Defence to Counterclaim
A plaintiff may file and serve his Reply within 14 days after the Defence has been served on him. Where there is a counterclaim by the Defendant, the plaintiff may file and serve a Reply and Defence to Counterclaim or just a Defence to Counterclaim if there is no Reply.

Third-Party Proceedings
If the defendant is of the view that a person who is not already a party to the action should be made to indemnify him or contribute towards the plaintiff’s claim, the defendant may apply to Court to add that party as a “third party” to the action. This gives rise to third-party proceedings. The defendant is viewed as the plaintiff in the third-party proceedings and the third party, as the defendant in the third-party proceedings. Strictly speaking, the original plaintiff has little or no interest in the third-party proceedings. There are instances where subsequent parties may be added to the same action.

Close of Pleadings
Pleadings are deemed to be closed 14 days after service of the Reply or, if there is no Reply but only a Defence to Counterclaim, after service of the Defence to Counterclaim. If neither Reply nor a Defence to Counterclaim is served, pleadings are deemed to be closed 14 days after the Defence is served. Discovery and Inspection of Documents Generally, after the close of pleadings, barring the filing of any interlocutory applications that may dispose of the action, the next stage will be discovery and inspection. At discovery, parties are expected to reveal to each other documentary evidence that has a bearing upon the issues in the case.

Directions will usually be given at Pre-trial Conferences by a Registrar for parties to file and serve a list of the relevant documents in their possession, custody or power relating to the action. The definition for “document” can be found in Section 3 of the Evidence Act (Cap 97 1997 Rev Ed). A document is relevant where it could:
 * adversely affect a party’s own case;
 * adversely affect another party’s case; or
 * support another party’s case.

The filing of a List of Documents (“LOD”) must usually be accompanied by an affidavit verifying the List of Documents (“AVLOD”). The LOD must be in Form 37 of the Rules of Court and must enumerate the documents in a convenient order describing each of them sufficiently to enable it to be identified. The AVLOD must be in Form 38 of the Rules of Court.

Under Order 24 r 9 the party serving the LOD must also serve a notice in Form 41 of the Rules of Court stating a time within 7 days after the service and where the documents may be inspected. The notice must also state which documents the Party is objecting to produce for inspection and grounds for such refusal.

Exchange of affidavits of evidence-in-chief and Set Down
For the purposes of the trial, all parties will exchange their and their witnesses’ affidavits stating evidence to support their case. Such affidavits are known as Affidavits of Evidence-in-Chief (“AEIC”) and the exchange takes place before the trial. Any party or witness may not be allowed to be called to give evidence at trial if his AEIC has not been exchanged unless the Court grants a dispensation.

When the action is ready for hearing, the plaintiff will be directed to file a Request for Setting Down Action for Trial as provided for in Form 61 pursuant to Order 34 rule 3 of the Rules of Court together with the Set Down Bundle and pay any Hearing Fees imposed.

The parties are informed of the trial dates and are required to file the necessary bundles of documents for the trial.

Subpoenas
Subpoenas are documents issued to ensure the attendance of witnesses at trial, failing which, the affidavits they have submitted as their evidence-in-chief will be rejected by the Court. Three types of subpoenas may be issued. The first requires the witness to attend Court to give oral evidence; the second requires the person named to produce documents without the obligation to attend Court personally; and the third requires the witness to both give evidence in Court and produce documents.

Summonses
Summonses are applications made by parties in an action usually prior to Set Down or Trial (Form 60). Such applications are generally interlocutory in nature and can be heard ex parte (with no other parties being served with the application) or inter partes (with one or more parties being served with the application). A Summons is addressed to the opposing party informing him of the date of the hearing (where it is inter partes) and will state the order(s) sought to be obtained from the Court with the grounds of the application. A summons is usually supported by an affidavit.

Depending on the nature of the application, a Summons may be heard by a Registrar or a Judge of the High Court in chambers. Summonses before a Registrar are usually heard on Mondays, Wednesdays and Fridays. Summonses before a Judge of the High Court are usually heard on Tuesdays and Thursdays.

Any party who is not satisfied with the judgment or order given by a Registrar on a Summons may file an appeal to a Judge of the High Court in chambers within 14 days after the judgment or order is given.

Examples of interlocutory applications include:

Summary Judgment
Under Order 14 of the Rules of Court, a plaintiff (or defendant bringing a counterclaim) may proceed to obtain judgment on his claim (or counterclaim) without trial where there is plainly no defence to the claim (or counterclaim).

Dismissal of the action for want of prosecution
Where a plaintiff (or defendant bringing a counterclaim) fails to prosecute his action diligently, the defendant (or plaintiff defending a counterclaim brought by the defendant) may apply to the Court to ask for the action to be dismissed for want of prosecution.

Provision of security for costs
Under Order 23 Rule 1 of the Rules of Court, the Court may order that the plaintiff (or the defendant bringing a counterclaim) provide security for the defendant’s (or plaintiff’s) cost of defending the action when:
 * the plaintiff (or the defendant bringing a counterclaim) is ordinarily resident out of jurisdiction (i.e. outside Singapore);
 * the plaintiff (or the defendant bringing a counterclaim) is a nominal plaintiff who is suing for the benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so;
 * the plaintiff’s (or the defendant bringing a counterclaim’s) address is not stated in the writ or other originating process or is incorrectly stated; or
 * the plaintiff (or the defendant bringing a counterclaim) has changed his address during the course of the proceedings with a view to evading the consequences of the litigation.

Security may be provided either by a banker’s guarantee, payment into Court, a solicitor’s written undertaking or in such manner as the Court thinks fit.

Striking out of a party’s pleadings
Under Order 18 rule 19 of the Rules of Court, a party may apply to strike out any pleading or party of a pleading if:
 * It discloses no reasonable cause of action or defence;
 * It is scandalous, frivolous or vexatious;
 * It may prejudice, embarrass or delay the fair trial of the action; or
 * It is otherwise an abuse of the process of the court.

Provision of Further and Better Particulars
Where a party is of the view that the pleadings served on him by the opposing party contain insufficient information or are unclear, he may, after making a request, file an application seeking further and better particulars of the opposing party’s pleadings.

Further or Specific Discovery
Where a party is of the view that the opposing party has failed to provide all the relevant documents or specific documents in the party’s power, custody or possession, he may, after making a request, file an application seeking further discovery or discovery of specific documents. If the Court deems that discovery of the documents concerned is not necessary for disposing fairly of the action or for saving costs, no order for discovery will be made; otherwise, the Court will order discovery where the documents are relevant.

=See also=

=References=