Part III: Originating Processes and Documents

Part III: ORIGINATING PROCESSES AND DOCUMENTS For the complete documentation index, see llms.txt. Markdown versions of documentation pages are available by appending .md to page URLs; this page is available as Markdown.

Part III: ORIGINATING PROCESSES AND DOCUMENTS 24. Originating Applications Forms for Originating Applications 25. Identification numbers and name to be stated in cause papers Parties named in the title of the documents Parties not named in the title of the documents Documents filed by two or more parties Identification numbers for non-parties Special cases Identification numbers Guidelines for the selection of identification numbers Inability to furnish identification number at the time of filing a document Identifying party whose name is unknown, under r 67 of the Supreme Court of Judicature (Protection from Harassment) Rules 2021 Meaning of document Non-compliance 26. Citation of case numbers / new Court forum prefix 27. Personal service of processes and documents Application for service out of Singapore of originating process or other court document and for extension of validity of originating process 28. Substituted service 29. Amendment of documents General requirements for amendment of any document Colour scheme for amendments Amendment for third time or more Cases to which the requirements in paragraphs (1) and (2) do not apply Amendment endorsements on electronic forms Amendment of case title to add a party 30. Endorsements on originating processes and other documents 31. Additional endorsements on cause papers 32. Information to be provided in cause papers and documents filed in the Registry 33. Access to case file, inspection and taking copies of documents and conducting searches Access by parties to a case file File inspection by non-parties Obtaining certified true copies of documents Electronic cause books and registers maintained by the Registry

24. Originating Applications This Practice Direction applies to Originating Applications filed on or after 1 April 2022.

24. Originating Applications Where any legislation requires a party to file an Originating Application and the Form is not provided within the legislation, the Originating Application must be filed using either Form 15 (Originating Application) or Form 16 (Originating Application (without Notice)) of Appendix A2 to these Practice Directions.

24. Originating Applications The parties in Form 15 of Appendix A2 to these Practice Directions shall be stated as “claimant” or “applicant” and “defendant” or “respondent” as the case may be.

24. Originating Applications The party in Form 16 of Appendix A2 to these Practice Directions shall be stated as “claimant” or “applicant”, as the case may be.

25. Identification numbers and name to be stated in cause papers Parties named in the title of the documents

25. Identification numbers and name to be stated in cause papers Where a party to any proceedings in the State Courts first files a document in such proceedings, he shall state his identification number, in parentheses, in the title of the document immediately below or after his name. Thereafter, all documents subsequently filed in the proceedings by any party shall include this identification number in the title of the documents in parentheses below or after the name of the party to which it applies.

25. Identification numbers and name to be stated in cause papers Where a party to any proceedings in the State Courts first files a document in such proceedings, and the name of the party does not appear in the title of the document but does appear in the body of the document, then the identification number of the party should be stated, in parentheses, below or after the first appearance of his name in the document. Thereafter, all documents subsequently filed in the proceedings by any party shall include this identification number in parentheses immediately below or after the first appearance of the name of the party to which it applies in the subsequent document.

25. Identification numbers and name to be stated in cause papers Paragraphs (1) and (2) shall apply, with the necessary modifications, to documents which are filed by more than one party.

25. Identification numbers and name to be stated in cause papers If any person (living or dead), any entity or any property is in part or in whole the subject matter of any proceedings, or is affected by any proceedings, but is not a party thereto, and the name of such person, entity or property is to appear in the title of the documents filed in the proceedings, the party filing the first document in the proceedings must state the identification number of such person, entity or property in parentheses immediately below or after the name of the same. Thereafter, all documents subsequently filed in the proceedings by any party shall include this identification number in parentheses immediately below or after the name of the person, entity or property to which it applies. If the party filing the first document in the proceedings is unable, after reasonable enquiry, to discover the identification number of the person, entity or property, he may state immediately below or after the name of the same “(ID Unknown)”. All documents subsequently filed by any party shall then contain these words in parentheses below or after the name of this person, entity or property.

25. Identification numbers and name to be stated in cause papers The following directions shall apply in addition to the directions contained in paragraphs (1) to (4):

25. Identification numbers and name to be stated in cause papers where a party is represented by a litigation representative, paragraphs (1) to (3) shall apply to the litigation representative as if he were party to the proceedings and the identification numbers of the party and the litigation representative must be stated below or after the name of each, as appropriate; (b) where parties are involved in any proceedings as the personal representatives of the estate of a deceased person, paragraphs (1) to (3) shall apply to the deceased person as if he were a party; and (c) where more than one identification number applies to any party, person, entity or property, all the identification numbers shall be stated in any convenient order.

25. Identification numbers and name to be stated in cause papers When entering the identification number in the Electronic Filing Service, the full identification number should be entered, including any letters or characters that appear in, at the beginning of, or at the end of the number. Descriptive text which is required to be entered into the actual document, such as “Japanese Identification Card No”, should not be entered into the electronic form.

25. Identification numbers and name to be stated in cause papers The following guidelines should be followed in deciding on the appropriate identification number.

25. Identification numbers and name to be stated in cause papers Natural person with Singapore identity card For a natural person who is a Singapore citizen or permanent resident, the identification number shall be the number of the identity card issued under the National Registration Act 1965. The seven digit number as well as the letters at the front and end should be stated. For example: “(NRIC No. S1234567A)”. (b) Natural person with FIN number For a natural person, whether a Singapore citizen or permanent resident or not, who has not been issued with an identity card under the National Registration Act 1965, but has been assigned a FIN number under the Immigration Regulations , the identification number shall be the FIN number. The number should be preceded by the prefix “FIN No.” (c) Natural person: birth certificate or passport number For a natural person, whether a Singapore citizen or permanent resident or not, who has not been issued with an identity card under the National Registration Act 1965 or assigned a FIN number, the identification number shall be the birth certificate or passport number. The number should be preceded by either of the following, as appropriate, “(Issuing country) BC No.” or “(Issuing country) PP No. (d) Natural person: other numbers For a natural person who is not a Singapore citizen or permanent resident and has not been assigned a FIN number and does not have a birth certificate or passport number, the identification number shall be the number of any identification document he may possess. Both the number as well as some descriptive words which will enable the nature of the number given and the authority issuing the identification document to be ascertained, should be stated. For example: “Japanese Identification Card No.” (e) Deceased person For a deceased natural person, the identification number shall be as set out in sub-paragraphs (a) to (d) above. However, if such numbers are not available, the identification number shall be the death registration number under the Registration of Births and Deaths Rules or the equivalent foreign provisions, where the death is registered abroad. The number as well as the following words should be stated: “(Country or place of registration of death) Death Reg. No.” (f) Company registered under the Companies Act 1967 For a company registered under the Companies Act 1967, the identification number shall be the Unique Entity Number (UEN). (g) Company registered outside Singapore For a company registered outside Singapore which is not registered under the Companies Act 1967, the identification number shall be the registration number of the company in the country of registration. (h) Business registered under the Business Names Registration Act 2014 For a body registered under the Business Names Registration Act 2014, the identification number shall be the UEN. (i) Limited Liability Partnership registered under the Limited Liability Partnerships Act 2005 For a limited liability partnership registered under the Limited Liability Partnerships Act 2005, the identification number shall be the UEN. (j) Other bodies and associations For any other body or association, whether incorporated or otherwise, which does not fall within any of the descriptions in sub-paragraphs (f) to (i) above, the identification number shall be any unique number assigned to the body or association by any authority. Both the number as well as some descriptive words which will enable the nature of the number given and the authority assigning the number to be ascertained, should be stated. For example: “Singapore Trade Union Reg. No. 123 A”. (k) No identification numbers exist Where the appropriate identification numbers referred to in sub-paragraphs (a) to (j) above do not exist in respect of any party, person, entity or property, the following words should be stated immediately below or after the name of that party, person, entity or property concerned: “(No ID No. exists)”.

25. Identification numbers and name to be stated in cause papers If a party who wishes to file a document is unable at the time of filing to furnish the necessary identification numbers required by this Practice Direction, the party may indicate “(ID Unknown)” at the time of filing. However, when the necessary identification numbers have been obtained, the party must furnish the necessary identification numbers to the Registry through the Electronic Filing Service.

25. Identification numbers and name to be stated in cause papers If a party who wishes to file a document is unable at the time of filing to identify a party by name, and wishes instead to identify the party by:

25. Identification numbers and name to be stated in cause papers an internet location address or website associated with that person, then the internet location address or website should be in the form of a Uniform Resource Locator (“URL”). In particular: (i) The URL should not be a dynamic URL (in such a case, the filing party should identify the respondent in a different way). (ii) The URL must contain the appropriate scheme (eg, “http\://”, “https\://” or “ftp\://”); (iii) The URL should contain the shortest possible path required to uniquely identify the intended respondent(s). (iv) A host or domain name should be used in preference to an Internet Protocol Address. (b) a username, account or other unique identifier used by or associated with that person, then the naming convention should be as follows: \[Service] account \[Username]. In particular: (i) The internet service should be described accurately but as succinctly as possible. In the case of social media/messengers, the short name of the service should be used. In the case of online forums, the top-level domain name should be used. (ii) The username must uniquely identify the party. It is not necessarily the person’s display name (eg, “John Doe”). Eg: Instagram account john.doe.67890\ account john.doe.67890 (c) a phone number (including a phone-based messaging service (eg, WhatsApp)), then the naming convention should be as follows: \[Type of Number] number \[Phone Number]: (i) The Type of Number should be either “Mobile” or “Phone”. If the applicant is in doubt, use “Phone”. (ii) In the case of a Singapore number, the phone number should contain eight digits, with a space after the first four digits. In any other case, the phone number may contain spaces between every two, three or four digits, in accordance with any common convention for writing a phone number of that country. Do not use hyphens or dashes. (iii) For a non-Singapore number, the country code must be indicated in parentheses, with a space thereafter.

25. Identification numbers and name to be stated in cause papers An applicant must have made reasonable attempts at identifying a party by name before identifying a party by an internet location address, username, account or unique identifier.

25. Identification numbers and name to be stated in cause papers The applicant must, in the supporting document(s) or supporting affidavit filed with the claim or originating application (as the case may be):

25. Identification numbers and name to be stated in cause papers demonstrate the steps taken to identify the other party by name (eg, searches); (b) demonstrate why such steps were reasonable; and (c) exhibit proof of the internet location address or internet service (as the case may be), and proof of the relevant identifier.

25. Identification numbers and name to be stated in cause papers For avoidance of doubt, the words “document” and “documents” when used in this Practice Direction include all originating processes filed in the State Courts regardless of whether they are governed by the Rules of Court 2021 or not.

25. Identification numbers and name to be stated in cause papers Any document which does not comply with this Practice Direction may be rejected for filing by the Registry.

26. Citation of case numbers / new Court forum prefix All originating processes and summonses filed in civil matters in the State Courts on or after 1 April 2022 shall bear case numbers in the following Format:

26. Citation of case numbers / new Court forum prefix Parties must cite the case number in full in all documents filed in Court.

27. Personal service of processes and documents Court process servers will not be assigned to effect personal service of processes and documents unless there are special reasons.

27. Personal service of processes and documents If it is felt that there are special reasons requiring personal service by a Court process server, a Request for such service must be filed through the Electronic Filing Service, setting out the special reasons. The approval of the Duty Registrar must be obtained for such service. Once approval has been obtained, the documents for service must be presented at the counter designated for this purpose. A process server will then be assigned to effect service and an appointment for service convenient to both the litigant and the assigned process server will be given.

27. Personal service of processes and documents On the appointed date, the person accompanying the process server must call at the Registry. The amount required for the transport charges of the process server (a record of which will be kept) must be tendered, or, alternatively, the process server in question must be informed that transport for him will be provided. The Registry will then instruct the process server to effect service.

27. Personal service of processes and documents Under no circumstances should any payment be made directly to the process server.

27. Personal service of processes and documents Under Order 8, Rule 1(2) of the Rules of Court 2021, a claimant applying for the Court’s approval to serve an originating process or other court document out of Singapore must file a supporting affidavit stating, among others, why the Court has the jurisdiction, or is the appropriate court, to hear the action.

27. Personal service of processes and documents For the purposes of showing why the Court is the appropriate court to hear the action, the claimant should include in the supporting affidavit any relevant information showing that:

27. Personal service of processes and documents there is a good arguable case that there is sufficient nexus to Singapore; (b) Singapore is the forum conveniens; and (c) there is a serious question to be tried on the merits of the claim.

27. Personal service of processes and documents Where applicable, for the purposes of sub-paragraph 6(a), the claimant should refer to any of the following non-exhaustive list of factors (as may be applicable) in the supporting affidavit:

27. Personal service of processes and documents relief is sought against a person who is domiciled, ordinarily resident or carrying on business in Singapore, or who has property in Singapore; (b) an injunction is sought ordering the defendant to do or refrain from doing anything in Singapore (whether or not damages are also claimed in respect of a failure to do or the doing of that thing); (c) the claim is brought against a person duly served in or outside Singapore, and a person outside Singapore is a necessary or proper party to the claim; (d) the claim is brought to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract, being (in either case) a contract which —

27. Personal service of processes and documents A claimant applying for the Court's approval to serve an originating process out of Singapore should consider whether an application should also be made to extend the validity of the originating process. If the claimant is able to demonstrate that the originating process will not or is not likely to be served on all or any of the defendants out of Singapore before the originating process expires, the claimant is to consider making the application for the extension of the validity of the originating process in a single summons, together with the application for approval to serve the originating process out of Singapore, notwithstanding the provisions of Practice Direction 50. In any application for an extension of the validity of the originating process, the claimant is to seek a period of extension which is appropriate by reference to the length of time which is likely to be needed to effect service on all or any of the defendants out of Singapore.

28. Substituted service In any application for substituted service, the applicant shall satisfy the Court that the proposed mode of substituted service is effective in bringing the document to the notice of the person to be served.

28. Substituted service Two reasonable attempts at personal service should be made before an application for an order for substituted service is filed. In an application for substituted service, the applicant shall demonstrate by way of affidavit why he or she believes that the attempts at service made were reasonable.

28. Substituted service The applicant should, where appropriate, also consider other modes of substituted service, such as AR registered post or electronic means (including electronic mail or Internet transmission) in addition to or in substitution of substituted service by posting on doors or gates of residential and business premises.

28. Substituted service An application for substituted service by posting at an address or by AR registered post should contain evidence (eg, relevant search results from the Inland Revenue Authority of Singapore, the Singapore Land Authority, the Housing & Development Board or the Accounting and Corporate Regulatory Authority) that the person to be served is either the owner of, resident or can be located at the property.

28. Substituted service For the avoidance of doubt, substituted service by AR registered post is deemed to be effective when the postal service has delivered the document, or attempted to deliver the document (in cases where no one is present or willing to accept the document).

28. Substituted service If substituted service is by electronic mail, it has to be shown that the electronic mail account to which the document will be sent belongs to the person to be served and that it is currently active.

28. Substituted service An application for substituted service by advertisement (in one issue of the Straits Times if the person to be served is literate in English, or one issue of the Straits Times and one issue of one of the main non-English language newspapers where his language literacy is unknown) should only be considered as a last resort and should contain evidence that the person to be served is literate in the language of the newspaper in which the advertisement will be placed.

28. Substituted service For the avoidance of doubt, posting on the Notice Board of the Registry of the State Courts is not available as a proposed mode of substituted service.

29. Amendment of documents General requirements for amendment of any document

29. Amendment of documents Except as otherwise provided by the provisions of this Practice Direction, where any document (inclusive of any pleading) that has been filed in any proceedings is required to be amended and re-filed in Court, a fresh copy of the document with the amendments included must be prepared, regardless of the number and length of the amendments sought to be made.

29. Amendment of documents The procedure for amending a document is as follows:

29. Amendment of documents A fresh amended copy of the document should be produced. (b) The number of times the document has been amended shall be indicated in parentheses after the name of the document. For this purpose, an amended document should be entitled “\[document name] (Amendment No. 1)” or “\[document name] (Amendment No. 2)”, or as appropriate. For example, a Statement of Claim which is amended for the first time should be filed as “Statement of Claim (Amendment No. 1)”, and a Defence that is amended for the second time should be filed as “Defence (Amendment No. 2)”. (c) The changes made in the document from the latest version of the document filed in Court should be indicated in the following way: (i) deletions shall be made by drawing a single line across the words to be deleted; and (ii) insertions shall be underlined.

29. Amendment of documents In addition, the following colours shall be used to indicate the history of the amendments in the specified documents:

29. Amendment of documents black for the first round of amendments; (b) red for the second round of amendments; (c) green for the third round of amendments; (d) blue for the fourth round of amendments; and (e) brown for subsequent rounds of amendments.

29. Amendment of documents From the third round of amendments onwards, the amended specified document should comprise two versions of the document, ie —

29. Amendment of documents a clean version without the amendments shown; followed in the same document by (b) a version showing the amendments in colour.

29. Amendment of documents Only one amended document consisting of these two versions is required to be filed.

29. Amendment of documents The directions in sub-paragraph (2)(b) above shall not apply to any Originating Application or summons that has been amended from an application with notice to an application without notice or vice versa.

29. Amendment of documents The directions in sub-paragraph (2)(c) above shall not apply to any originating process, summons or other electronic form that is composed online through the Electronic Filing Service.

29. Amendment of documents An amended pleading or other document shall be endorsed with a statement that it has been amended, specifying the date on which it was amended and by whom the order (if any) authorising the amendment was made and the date thereof, and if no such order was made, the number of the Rule in the Rules of Court 2021 in pursuance of which the amendment was made.

29. Amendment of documents Where electronic forms are amended, the amendment endorsement shall take either one of the following forms:

29. Amendment of documents “By order of Court made on \[date order was made]”; or (b) “Pursuant to Order 9, Rule \[cite specific rule number]”.

29. Amendment of documents The amendment endorsement shall be appended to the title of the electronic form, after the amendment number as required under sub-paragraph (2)(b) above. Where an electronic form is amended more than once, the endorsement need only cite the basis for the most recent amendment. For example —

29. Amendment of documents “Originating Application (Amendment No. 3, by order of Court made on 1 January 2022)”; (b) “Originating Claim (Amendment No. 1, pursuant to O. 9, r \[•])”.

29. Amendment of documents The date of the electronic form shall reflect the date on which the document is amended.