Singapore legislation
Clause 69
Clause 69
Rules of Court
(1)
The Rules Committee appointed under subsection (4) of this section may make Rules of Court regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the District Courts and Magistrates’ Courts in the exercise of their civil jurisdiction and any matters incidental to or relating to any such procedure or practice.
(2)
The power to make Rules of Court shall extend to all matters of procedure or practice, or matters relating to or concerning the effect or operation in law of any procedure or practice or the enforcement of judgments or orders, in any case within the cognizance of the District Courts and Magistrates’ Courts in the exercise of their civil jurisdiction as to which Rules of the Supreme Court have been or might lawfully be made for cases within the cognizance of the High Court.
(3)
Without prejudice to the generality of subsections (1) and (2) of this section, the power to make Rules of Court shall extend to —
prescribing the office or offices where process may be issued and business other than the hearing of proceedings transacted;
prescribing the circumstances and procedure by which proceedings may be transferred from one court to another;
prescribing what part of the business which may be transacted and of the jurisdiction and powers which may be exercised by a District Judge or Magistrate in court or in chambers may be transacted or exercised by the Registrar (including provisions for and concerning appeals from decisions of the Registrar);
directing interest to be paid on debts, including judgment debts, or on sums found due in an administration action, provided that in no case shall any rate of interest exceed eight per centum per annum unless it has been otherwise agreed between parties;
regulating the issue of judgment debtor summonses for the discovery of a judgment debtor’s property or means and the procedure and practice relating thereto and the making of orders against judgment debtors for the payment, by instalments or otherwise, of sums due under judgments and orders and the enforcement thereof by committal;
requiring any party at whose instance —
any writ of execution;
any order of arrest or committal;
any order of attachment of property; or
any order to bring up a prisoner as a witness,is issued, to deposit from time to time a sum of money to provide for the expenses of executing the writ or order and of bringing the person to be arrested or the person ordered to be committed before the court or to prison and of his subsistence while in the custody of the bailiff or in prison and of keeping possession of the property attached;
prescribing the manner in which money in a court is to be dealt with and in particular —
prescribing that monies in court may be kept at a bank, to be approved by the Accountant-General, in the official name of the Registrar;
regulating the manner in which such court’s bank account shall be operated;
requiring the Registrar to pay from time to time to the Accountant-General or into the court’s bank account all monies not required for meeting current demands and to pay to the Accountant-General all sums which have been in the court’s bank account for such period as may be prescribed; and
prescribing the books, registers and accounts required to be kept by the Registrar and bailiffs.
(4)
The Rules Committee shall consist of the Senior District Judge, a District Judge, and two practising advocates and solicitors to be appointed by the Chief Justice for such period as he may specify in writing.
(5)
At any meeting of the Rules Committee three members shall form a quorum.
(6)
Any Rules of Court made under this section shall be certified under the hands of the members of the Rules Committee, and submitted to the Chief Justice, who may allow or disallow or alter them.
(7)
All Rules of Court made under this section shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.