Singapore legislation
Regulation 24
Regulation 24
Pre‑trial examination (O. 9, r. 24)
Subregulation 1
Where it is necessary in the interests of justice to record the evidence of any witness in or out of Singapore before a trial, a party may apply to the Court to make an order for pre‑trial examination.
Subregulation 2
The party who applies for an order for pre‑trial examination must file an affidavit showing that —
the witness’ evidence is necessary for the party’s case;
the other parties do not agree that the evidence of that witness be given in an affidavit without cross‑examination; and
the witness will not be able or willing to attend the trial or to give evidence by live video or live television link, or the witness’ age or health makes it likely that he or she will pass away before or become incapable of testifying at the trial.
Subregulation 3
If the pre‑trial examination is to be conducted outside Singapore, the affidavit must also state —
the place where the pre‑trial examination is to be conducted;
that the law of that place allows the pre‑trial examination to be conducted in that place;
the particulars and remuneration of the examiner who will be conducting the pre‑trial examination; and
the rules that will apply to the pre‑trial examination.
Subregulation 4
If the law of the place for the pre‑trial examination outside of Singapore requires the issue of a letter of request to the relevant authorities for the evidence of the person in that jurisdiction to be taken, the party who applies for the order may include a request for the issue of a letter of request and such application can only be made in the General Division even if the proceedings are commenced in the State Courts.
Subregulation 5
For the purposes of paragraph (4), the party obtaining the order must prepare and file in the Registry —
the letter of request which must be —
in a case where the jurisdiction in which the evidence is to be taken is a jurisdiction to which the Hague Evidence Convention applies — in the current version of the applicable Recommended Model Form; or
in any other case — in Form 17,with such variations and in compliance with such requirements as may be required by the jurisdiction in which the evidence is to be taken or by the order; and
an undertaking in Form 18 signed by the party or the party’s solicitor to be responsible personally for all expenses incurred by an issuing authority or a transmitting authority in respect of the letter of request and, on receiving due notification of the amount of those expenses, to pay that amount to the issuing authority or transmitting authority and to produce a receipt for the payment to the proper officer of the Registry.
Subregulation 6
A pre‑trial examination in Singapore must be before a Judge or the Registrar and must be conducted according to the rules governing trials.
Subregulation 7
Where an order for pre‑trial examination in Singapore has been made, the attendance of the witness before the examiner in Singapore and the production by the witness of any document at the examination may be enforced by an order to attend court and an order to produce documents in like manner as the attendance of a witness and the production by a witness of a document at a trial may be enforced.
Subregulation 8
A pre‑trial examination outside Singapore must be conducted by the examiner appointed by the Court and in the manner directed by the Court and the examiner must not do anything that is contrary to the law of that place.
Subregulation 9
In this Rule —
Definition
“Hague Evidence Convention” means the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters done at the Hague on 18 March 1970;
Definition
“issuing authority” means an authority responsible for issuing a letter of request under this Rule;
Definition
“Recommended Model Form” means a Recommended Model Form for a Letter of Request to be issued under the Hague Evidence Convention, as set out on the Internet website for that Convention at https://www.hcch.net/en/instruments/conventions/specialised-sections/evidence;
Definition
“transmitting authority” means an authority responsible for transmitting a letter of request issued under this Rule to the relevant authorities of the jurisdiction in which the evidence is to be taken.