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Contents

Subsidiary Legislation

Rules of Court 2021

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Part 1

General Provisions

Official textFrom Singapore Statutes Online, unchanged

reg 1Citation and commencement (O. 1, r. 1)

These Rules are the Rules of Court 2021 and come into operation on 1 April 2022.

reg 2Revocation, transitional provisions and application (O. 1, r. 2)

(1)

Subject to the following provisions of this Rule, the Rules of Court (R 5) (called the revoked Rules of Court) are revoked.

(2)

The saving and transitional provisions set out in the First Schedule have effect.

(3)

Subject to this Rule, these Rules —

(a)

apply to and in relation to all civil proceedings in the Supreme Court or the State Courts which are commenced on or after 1 April 2022, including appeals arising from those proceedings; and

(b)

apply with the necessary modifications to and in relation to every appeal to the Court of Appeal or the Appellate Division, and every originating application to the Court of Appeal or Appellate Division, which is filed on or after 1 April 2022, relating to a decision of a lower Court made in proceedings to which the revoked Rules of Court apply (whether under the First Schedule or otherwise).

(4)

For the purposes of paragraph (3)(b) —

(a)

subject to sub‑paragraph (b), the notice of appeal against a judgment or order of the General Division or Appellate Division given or made before 1 April 2022 must be filed and served within one month after —

(i)

in the case of an appeal from an order made in chambers — the date when the order was pronounced or when the appellant first had notice of the order;

(ii)

in the case of an appeal against the refusal of an application — the date of the refusal;

(iii)

in a case where a request for further arguments was made under section 29B(2) of the Supreme Court of Judicature Act — the date mentioned in section 29B(4)(b) of that Act; or

(iv)

in any other case — the date on which the judgment or order appealed against was pronounced;

(b)

where permission to appeal against a decision of the General Division or Appellate Division is required, the notice of appeal against the decision of the General Division or Appellate Division made before 1 April 2022 must be filed and served —

(i)

where the application for permission to appeal is filed before that date — within one month after the date on which such permission is granted; or

(ii)

where the application for permission to appeal is filed on or after that date — within 14 days after the date on which such permission is granted; and

(c)

an application for permission to appeal against a decision of the General Division or Appellate Division made before 1 April 2022 must be filed and served, together with the documents mentioned in Order 18, Rule 29(7) or Order 19, Rule 26(7) (as the case may be) —

(i)

within 7 working days after the date of the decision of the lower Court; or

(ii)

where section 29B of the Supreme Court of Judicature Act applies, within 7 working days after —

(A)

in a case where the Judge who made the decision hears further arguments in respect of the decision — the date the Judge affirms, varies or sets aside the decision after hearing further arguments;

(B)

in a case where a request for further arguments was made, but the Judge who made the decision certifies, or is deemed to have certified, that no further arguments are required — the date the Judge certifies, or is deemed to have certified, that no further arguments are required; or

(C)

in any other case — the earlier of the following:

(CA)

the time at which the judgment or order relating to the decision is extracted;

(CB)

the 15th day after the date on which the decision is made.

(5)

Order 18, Rule 29 and Order 19, Rule 26 (as the case may be) apply to and in relation to an application for permission to appeal mentioned in paragraph (4)(c) subject to the following modifications:

(a)

Order 18, Rule 29(1) to (4) and Order 19, Rule 26(1) to (4) do not apply;

(b)

the references to “the time provided under this Rule” in Order 18, Rule 29(6)(a) and Order 19, Rule 26(6)(a) are to be read as references to the time provided under paragraph (4)(c)(i) or (ii).

(6)

Where the Court of Appeal or the Appellate Division hears an appeal under these Rules against a decision of a lower Court which was made in proceedings governed by the revoked Rules of Court, these Rules do not apply to any proceedings in the lower Court following the appeal before the Court of Appeal or Appellate Division, and the revoked Rules of Court continue to apply to any such proceedings in the lower Court following the appeal in accordance with the First Schedule.

(7)

Despite any provision in these Rules providing that the revoked Rules of Court are to apply to certain proceedings, the Court may direct that the provisions of Order 3, Rule 8, Order 8, Rule 2 or 4A, Order 25, Rule 3(2), Order 29A, Order 55 or Order 64, Rule 4 or 4A are to apply with suitable modifications to those proceedings.

(8)

These Rules do not apply to proceedings under the Criminal Procedure Code 2010, unless otherwise provided in the Criminal Procedure Code 2010 or any subsidiary legislation made thereunder.

(9)

These Rules do not apply to proceedings in the Family Division of the High Court.

(10)

Unless the Court otherwise directs, and subject to any other written law, these Rules do not apply to —

(a)

any proceedings in the Singapore International Commercial Court commenced on or after 1 April 2022;

(b)

any proceedings commenced on or after 1 April 2022 in the General Division that are transferred out to the Singapore International Commercial Court;

(c)

any proceedings (whether upon application or on the General Division’s own motion) for the transfer of a case from the General Division to the Singapore International Commercial Court, where the case is commenced on or after 1 April 2022; or

(d)

any appeal to the Court of Appeal, or any originating application to the Court of Appeal, filed on or after 1 April 2022, relating to a decision of the Singapore International Commercial Court.

(11)

These Rules do not apply to proceedings of the kind specified in the first column of the following Table (being proceedings in respect of which rules may be made under the written law specified in the second column of that Table), except for the provisions specified in the third column of that Table:First columnSecond columnThird columnProceedingsWritten lawApplicable provisions1.Proceedings under the Insolvency, Restructuring and Dissolution Act 2018 Insolvency, Restructuring and Dissolution Act 2018, section 448Order 25, Rule 6, Order 28 and Parts 3 and 4 of the Fourth Schedule read with Order 252.Proceedings relating to the winding up of limited liability partnershipsLimited Liability Partnerships Act, section 57Order 25, Rule 6, Order 28, Parts 3 and 4 of the Fourth Schedule read with Order 25, and Order 50, Rule 3(2) 3.Proceedings relating to the winding up of variable capital companies and their sub‑fundsVariable Capital Companies Act 2018, section 164Order 25, Rule 6, Order 28, Parts 3 and 4 of the Fourth Schedule read with Order 25, and Order 68, Rule 2(4)4.Proceedings under Part IV of the Parliamentary Elections ActParliamentary Elections Act, section 100Order 28 and Parts 3 and 4 of the Fourth Schedule read with Order 25(12) To avoid doubt, these Rules apply to any appeal arising from any proceedings mentioned in paragraphs (9) and (11).

(13)

The Second Schedule sets out the categories of cases to which specific provisions of these Rules do not apply, or apply with modifications.

Subregulation 1

Subject to the following provisions of this Rule, the Rules of Court (R 5) (called the revoked Rules of Court) are revoked.

Subregulation 2

The saving and transitional provisions set out in the First Schedule have effect.

Subregulation 3

Subject to this Rule, these Rules —

(a)

apply to and in relation to all civil proceedings in the Supreme Court or the State Courts which are commenced on or after 1 April 2022, including appeals arising from those proceedings; and

(b)

apply with the necessary modifications to and in relation to every appeal to the Court of Appeal or the Appellate Division, and every originating application to the Court of Appeal or Appellate Division, which is filed on or after 1 April 2022, relating to a decision of a lower Court made in proceedings to which the revoked Rules of Court apply (whether under the First Schedule or otherwise).

Subregulation 4

For the purposes of paragraph (3)(b) —

(a)

subject to sub‑paragraph (b), the notice of appeal against a judgment or order of the General Division or Appellate Division given or made before 1 April 2022 must be filed and served within one month after —

(i)

in the case of an appeal from an order made in chambers — the date when the order was pronounced or when the appellant first had notice of the order;

(ii)

in the case of an appeal against the refusal of an application — the date of the refusal;

(iii)

in a case where a request for further arguments was made under section 29B(2) of the Supreme Court of Judicature Act — the date mentioned in section 29B(4)(b) of that Act; or

(iv)

in any other case — the date on which the judgment or order appealed against was pronounced;

(b)

where permission to appeal against a decision of the General Division or Appellate Division is required, the notice of appeal against the decision of the General Division or Appellate Division made before 1 April 2022 must be filed and served —

(i)

where the application for permission to appeal is filed before that date — within one month after the date on which such permission is granted; or

(ii)

where the application for permission to appeal is filed on or after that date — within 14 days after the date on which such permission is granted; and

(c)

an application for permission to appeal against a decision of the General Division or Appellate Division made before 1 April 2022 must be filed and served, together with the documents mentioned in Order 18, Rule 29(7) or Order 19, Rule 26(7) (as the case may be) —

(i)

within 7 working days after the date of the decision of the lower Court; or

(ii)

where section 29B of the Supreme Court of Judicature Act applies, within 7 working days after —

(A)

in a case where the Judge who made the decision hears further arguments in respect of the decision — the date the Judge affirms, varies or sets aside the decision after hearing further arguments;

(B)

in a case where a request for further arguments was made, but the Judge who made the decision certifies, or is deemed to have certified, that no further arguments are required — the date the Judge certifies, or is deemed to have certified, that no further arguments are required; or

(C)

in any other case — the earlier of the following:

(CA)

the time at which the judgment or order relating to the decision is extracted;

(CB)

the 15th day after the date on which the decision is made.

Subregulation 5

Order 18, Rule 29 and Order 19, Rule 26 (as the case may be) apply to and in relation to an application for permission to appeal mentioned in paragraph (4)(c) subject to the following modifications:

(a)

Order 18, Rule 29(1) to (4) and Order 19, Rule 26(1) to (4) do not apply;

(b)

the references to “the time provided under this Rule” in Order 18, Rule 29(6)(a) and Order 19, Rule 26(6)(a) are to be read as references to the time provided under paragraph (4)(c)(i) or (ii).

Subregulation 6

Where the Court of Appeal or the Appellate Division hears an appeal under these Rules against a decision of a lower Court which was made in proceedings governed by the revoked Rules of Court, these Rules do not apply to any proceedings in the lower Court following the appeal before the Court of Appeal or Appellate Division, and the revoked Rules of Court continue to apply to any such proceedings in the lower Court following the appeal in accordance with the First Schedule.

Subregulation 7

Despite any provision in these Rules providing that the revoked Rules of Court are to apply to certain proceedings, the Court may direct that the provisions of Order 3, Rule 8, Order 8, Rule 2 or 4A, Order 25, Rule 3(2), Order 29A, Order 55 or Order 64, Rule 4 or 4A are to apply with suitable modifications to those proceedings.

Subregulation 8

These Rules do not apply to proceedings under the Criminal Procedure Code 2010, unless otherwise provided in the Criminal Procedure Code 2010 or any subsidiary legislation made thereunder.

Subregulation 9

These Rules do not apply to proceedings in the Family Division of the High Court.

Subregulation 10

Unless the Court otherwise directs, and subject to any other written law, these Rules do not apply to —

(a)

any proceedings in the Singapore International Commercial Court commenced on or after 1 April 2022;

(b)

any proceedings commenced on or after 1 April 2022 in the General Division that are transferred out to the Singapore International Commercial Court;

(c)

any proceedings (whether upon application or on the General Division’s own motion) for the transfer of a case from the General Division to the Singapore International Commercial Court, where the case is commenced on or after 1 April 2022; or

(d)

any appeal to the Court of Appeal, or any originating application to the Court of Appeal, filed on or after 1 April 2022, relating to a decision of the Singapore International Commercial Court.

Subregulation 11

These Rules do not apply to proceedings of the kind specified in the first column of the following Table (being proceedings in respect of which rules may be made under the written law specified in the second column of that Table), except for the provisions specified in the third column of that Table:First columnSecond columnThird columnProceedingsWritten lawApplicable provisions1.Proceedings under the Insolvency, Restructuring and Dissolution Act 2018 Insolvency, Restructuring and Dissolution Act 2018, section 448Order 25, Rule 6, Order 28 and Parts 3 and 4 of the Fourth Schedule read with Order 252.Proceedings relating to the winding up of limited liability partnershipsLimited Liability Partnerships Act, section 57Order 25, Rule 6, Order 28, Parts 3 and 4 of the Fourth Schedule read with Order 25, and Order 50, Rule 3(2) 3.Proceedings relating to the winding up of variable capital companies and their sub‑fundsVariable Capital Companies Act 2018, section 164Order 25, Rule 6, Order 28, Parts 3 and 4 of the Fourth Schedule read with Order 25, and Order 68, Rule 2(4)4.Proceedings under Part IV of the Parliamentary Elections ActParliamentary Elections Act, section 100Order 28 and Parts 3 and 4 of the Fourth Schedule read with Order 25

Subregulation 12

To avoid doubt, these Rules apply to any appeal arising from any proceedings mentioned in paragraphs (9) and (11).

Subregulation 13

The Second Schedule sets out the categories of cases to which specific provisions of these Rules do not apply, or apply with modifications.

Subregulation 1

In these Rules, unless the context otherwise requires —

“action” means proceedings commenced by an originating claim or an originating application;

“appellate Court” means the Court to which an appeal is brought or is being brought;

“Appellate Division” means the Appellate Division of the High Court;

“attend” includes the appearance by any person using electronic, mechanical or any other means permitted by the Court;

“bailiff” includes the Registrar, any clerk or other officer of the Court charged with the duties of a bailiff;

“case conference” means a case conference as described in Order 9, Rule 1;

“Civil Procedure Convention” means any of the conventions set out in the Third Schedule and includes any convention, treaty or agreement of any description or any provision of such convention, treaty or agreement between different States relating to civil procedure in the Court;

“claimant” includes a party in the position of a claimant in a counterclaim;

“counterclaim” has the same meaning as “statement of claim”;

“Court” means —

(a)

the General Division or a judge sitting in the General Division, whether sitting in open court or in chambers;

(b)

a District Court or a District Judge, whether sitting in open court or in chambers;

(c)

the Appellate Division or the Court of Appeal, or a judge sitting in the Appellate Division or the Court of Appeal where appropriate; or

(d)

in cases where he or she is empowered to act, a Magistrate or the Registrar;

“court fees” has the meaning given by Order 25, Rule 1;

“defence” includes a defence to a counterclaim;

“defendant” includes a party in the position of a defendant in a counterclaim;

“entity” means any body of persons, whether incorporated or unincorporated;

“General Division” means the General Division of the High Court;

“Ideals” means the Ideals set out in Order 3, Rule 1(2);

“Judge” means a judge sitting in the General Division or a District Judge and includes a judge sitting in the Appellate Division or the Court of Appeal where appropriate, and in cases where he or she is empowered to act, a Magistrate or the Registrar;

“lower Court” means the Court against which judgment or order an appeal is brought or being brought;

“medical report” means a report substantiating all the personal injuries alleged in the statement of claim which the claimant proposes to adduce in evidence as part of his or her case at the trial;

“non‑court day” means a Saturday, Sunday or public holiday;

“non‑party” means any person who is not a party in the action and includes a person who participates in the action because of a statutory duty or because he or she may be affected by the Court’s decision in the action;

“officer” means an officer of the Supreme Court or the State Courts;

“originating application” means an originating process by which an action is commenced in Court as described in Order 6, Rule 11;

“originating claim” means an originating process by which an action is commenced in Court as described in Order 6, Rule 5;

“originating process” means an originating claim or an originating application;

“pleading” includes a statement of claim, defence, defence and counterclaim, reply and reply to a defence and counterclaim;

“practice directions” means practice directions issued from time to time under Order 26, Rule 2 —

(a)

by the Registrar of the Supreme Court with the approval of the Chief Justice; or

(b)

by the Registrar of the State Courts with the approval of the Presiding Judge of the State Courts;

“Registrar” means the Registrar of the Supreme Court or the Registrar of the State Courts (as the case may be), and references to the Registry are to be construed accordingly;

“Rules” means these Rules of Court;

“Sheriff” includes a bailiff of the Supreme Court or a bailiff of the State Courts;

“sign” and “seal” by a Judge, the Registrar or other officer of the Supreme Court or the State Courts, include signing and sealing by electronic or other means;

“solicitor” has the meaning given by section 2 of the Legal Profession Act and includes the firm that the solicitor is in, and also includes the Attorney‑General, a Deputy Attorney‑General and a Solicitor‑General, where he or she is a party to or appears in any proceedings;

“statement of claim” means a statement setting out the material facts which constitute the cause of action;

“statement of the special damages claimed” means a statement giving full particulars of the special damages claimed for expenses and losses already incurred and an estimate of any future expenses and losses (including loss of earnings, loss of Central Provident Fund contributions and loss of pension rights);

“summons” means an application to Court in an action or appeal which has to be served on other parties or non‑parties or both;

“summons without notice” means an application to Court in an action or appeal which does not need to be served on anyone;

“third party” means a party brought into the action by the defendant because an indemnity or contribution is sought against the third party, and “fourth party” means a party brought into the proceedings by the third party, and further parties have corresponding meanings;

“working day” means any day other than a non‑court day.

Subregulation 2

The Forms to be used for the purposes of these Rules are those set out in the practice directions, and any reference in these Rules to a numbered form (where such number may include alphanumeric characters) is to be construed as a reference to the current version of the form bearing the corresponding number which is set out in the practice directions.

reg 1Purpose of this Order (O. 2, r. 1)

This Order provides an overview of an action commenced under Part 1 of these Rules from the date of commencement to the date of conclusion, including appeals.

(2)

An action does not need to proceed in precisely the same way as set out in this Order.

Subregulation 1

This Order provides an overview of an action commenced under Part 1 of these Rules from the date of commencement to the date of conclusion, including appeals.

Subregulation 2

An action does not need to proceed in precisely the same way as set out in this Order.

reg 2Role of Court and parties (O. 2, r. 2)

(1)

When an action is commenced under these Rules, the Court will conduct proceedings in a manner that will bring the action to a conclusion that is in keeping with the Ideals.

(2)

All parties are to assist the Court and conduct their case in a manner that will bring about such a resolution of their action.

Subregulation 1

When an action is commenced under these Rules, the Court will conduct proceedings in a manner that will bring the action to a conclusion that is in keeping with the Ideals.

Subregulation 2

All parties are to assist the Court and conduct their case in a manner that will bring about such a resolution of their action.

reg 3Commencement and service of action (O. 2, r. 3)

(1)

A claimant may commence an action under these Rules by filing an originating claim or an originating application.

(2)

The claimant has to take reasonable steps to serve the originating claim with a statement of claim, or the originating application supported by affidavit, on a defendant expeditiously.

Subregulation 1

A claimant may commence an action under these Rules by filing an originating claim or an originating application.

Subregulation 2

The claimant has to take reasonable steps to serve the originating claim with a statement of claim, or the originating application supported by affidavit, on a defendant expeditiously.

reg 4Notice of intention to contest or not contest claim (O. 2, r. 4)

(1)

A defendant who is served an originating claim with a statement of claim has to file and serve a notice of intention to contest or not contest the claim.

(2)

If the defendant fails to file and serve such a notice or states in the notice that the defendant does not intend to contest the claim, the claimant may apply for judgment in default upon proving that the originating claim with a statement of claim has been served on the defendant.

Subregulation 1

A defendant who is served an originating claim with a statement of claim has to file and serve a notice of intention to contest or not contest the claim.

Subregulation 2

If the defendant fails to file and serve such a notice or states in the notice that the defendant does not intend to contest the claim, the claimant may apply for judgment in default upon proving that the originating claim with a statement of claim has been served on the defendant.

Part 2

Provisions for Specific Procedures

Schedules