Singapore legislation
Regulation 25
Regulation 25
Directions for trial or hearing (O. 9, r. 25)
Subregulation 1
Subject to these Rules, at the appropriate stage, the Court must give directions for the case to proceed to trial or hearing.
Subregulation 2
The Court may order a bifurcated hearing in that the issues concerning liability are to be heard by a Judge before the issues concerning the amount of damages or the taking of accounts are heard by a Judge or the Registrar.
Subregulation 3
The Court may order any issue of fact to be heard and decided separately.
Subregulation 4
In an action commenced by an originating claim, the Court must fix a period within which the claimant is to set down the action for trial.
Subregulation 5
Where the claimant does not, within the period fixed under paragraph (4), set down the action for trial, the defendant may set the action down for trial or may apply to the Court to dismiss the action and, on the hearing of any such application, the Court may order the action to be dismissed accordingly or make such order as the Court thinks just.
Subregulation 6
The party setting down an action for trial must file a notice for setting down an action for trial in Form 19.
Subregulation 7
The notice for setting down an action for trial must state the length of the trial and the trial dates, and specify the witnesses (if any) for each party.
Subregulation 8
The notice for setting down an action for trial must be served on all other parties to the action within 24 hours after the date on which the notice is filed.
Subregulation 9
In an action commenced by an originating claim, the Court must give directions to the parties to file and serve —
their affidavits of evidence‑in‑chief or other affidavits (if such directions have not been given earlier);
the bundles of documents; and
their opening statements (with a page limit of 25 pages) without the need for bundles of authorities.
Subregulation 10
The bundle of documents in paragraph (9) must contain —
the last pleading (which incorporates all the previous pleadings);
the orders of the Court given at the case conferences which are relevant for the trial; and
the documents which the parties are relying on at the trial, separating them into sections for documents of which authenticity is not in dispute and documents of which authenticity is in dispute.
Subregulation 11
The bundle of documents in paragraph (9) must be arranged chronologically or in some other meaningful order and must not contain repeat documents, or documents which have not been exchanged or produced under Order 11.
Subregulation 12
Where issues concerning liability are agreed or have been determined in a bifurcated hearing under paragraph (2), the Court must give the appropriate directions for the assessment of damages or the taking of accounts as set out in paragraph (9).
Subregulation 13
In an action commenced by an originating application where the defendant has included a counterclaim in the defendant’s affidavit, the Court must consider whether to order —
the claim and the counterclaim to be heard together or separately; or
the defendant to file a separate action for the defendant’s counterclaim.
Subregulation 14
In an action commenced by an originating application, the Court may order the parties to file and serve their written submissions (with a page limit of 35 pages except in a special case) together with the bundle of authorities.
Subregulation 15
The Court may allow the page limit mentioned in paragraphs (9)(c) and (14) to be exceeded —
in special circumstances; and
unless the Court otherwise orders under paragraph (16), upon the payment of the fees and additional fees prescribed for the filing of pages in excess of the page limit.
Subregulation 16
The Court may upon application waive, refund, defer or apportion the payment of the fees mentioned in paragraph (15)(b).
Subregulation 17
The Court must estimate the length of time needed for the trial or hearing, including oral or written submissions, and assign the trial or hearing dates accordingly.