Matters involving the law are generally classed as either civil or criminal in nature. Civil cases tend to deal with relationships between people, or people and businesses. Criminal matters, however, tend to relate to individuals being prosecuted by a lawyer acting for the state, about criminal matters.

In other words, civil litigation can be defined as legal action to resolve disputes between a claimant (the party claiming they were wronged) and a defendant (who will defend the claim), outside the scope of criminal law.

When a court process is used to settle a matter it is called litigation. Alternatives include arbitration, mediation or neutral evaluation. Litigation can happen in both civil and criminal cases.

In Singapore, civil procedures are governed by the Rules of Court. There are specific rules for certain proceedings, such as winding up companies or getting a divorce.

Process before beginning civil litigation

Before starting court action, parties will usually attempt to settle the matter by sending a letter of demand to the other party, asking them to comply in a specific way, or face legal action. This letter of demand is not mandatory in Singapore, but it gives parties a chance to settle things without long and expensive litigation.

If this step fails, and the defendant refuses to comply with the demands, then legal proceedings can be started by the claimant.

Which court should a claim be filed in?

There are several different courts in Singapore; the Supreme Court (High Court and Court of Appeal), and State Courts (magistrates and District Courts). Which court decides your matter will depend on the nature of your claim, and the amount:

  • Magistrates Court: claims up to $60,000.
  • District Court: claims between $60,000 and $250,000.
  • High Court: claims of more than $250,000.
  • Small Claims Tribunal: claims of up to $20,000, which may be raised to $30,000 with the permission of the court and if both parties agree.

If the parties agree, the claim may also be limited to $250,000 so that it can be heard in the District Court.

Time limits to commence civil proceedings

The Limitation Act sets out time limits. There is no single limit; it will depend on the type of lawsuit and which court it is heard in. For instance, most torts and contractual claims have a 6-year time limit. For personal injury claims, that limit is 3 years from the date of injury, or from the date of knowledge of the injury.

Disputes in the Small Claims Tribunal have a limit of 2 years from the date that the right to claim arose.

Beginning Civil Litigation

Since the Rules of Court 2021 came into force, the names of the documents have changed, and older material you may find online still uses the previous ones. Proceedings now begin with one of two originating processes.

An originating claim is used for most civil claims, wherever there is a dispute of fact between the parties. It replaced what used to be called a writ of summons.

An originating application is used where there is no substantial dispute of fact, for example a question of law or the interpretation of a document, and where a statute requires it. It replaced what used to be called an originating summons.

The party bringing the claim is now the claimant rather than the claimant.

The originating claim must be served on the defendant, and the Rules set the period within which that must be done, with a longer period for service outside Singapore. Service out of Singapore may require the court’s permission depending on the circumstances.

Defending a claim

A defendant who wishes to contest the claim files a notice of intention to contest or not contest the claim, which replaced the memorandum of appearance. The defence follows within the time the Rules allow.

If the defendant does nothing

A defendant who neither responds nor defends takes a real risk: the claimant can apply for judgment in default. A judgment obtained in default is a judgment like any other, and setting one aside afterwards requires an application and an explanation.

Pleadings

A written statement of a party’s case is known as a pleading, and it sets out the facts they will rely for their claim or defence. It lets both parties know of the other’s position so they can make necessary preparations. Identifying exactly what is in dispute saves both time and money during a trial.

Pleadings will usually include:

  • Statement of claim
  • Counterclaim or defence
  • Reply, or reply and defence of counterclaim

A statement of claim is served with the originating claim, and sets out the material facts making up the claimant’s case. It has to specify the remedy or relief sought.

The Rules set the periods for each step that follows, and the court can vary them. Do not rely on a period you have read in an older article, including the ones that were correct before 2022.

A defendant wishing to defend a case must file and serve their defence within a set time period. They may file and serve a counterclaim if they feel they have such a claim or remedy entitlement. This form of pleading is known as defence and counterclaim.

In the statement of claim, the defence must respond to the allegations, setting out the material facts that their defence will rely on.

Then the claimant has 14 days to reply, from the date the defence was served.

Are pleadings amendable?

Yes – parties can normally amend their pleadings one without having to seek the court’s permission, before the close of pleadings.

Depending on what stage the proceedings are at, a party may withdraw their proceedings, though they may need the court’s permission.

Pleadings in this form are not filed in matters begun by originating application, which proceed on affidavit evidence instead.

Adding a third party

The Rules of Court allow the defendant to apply to add a third party to the case. This happens if the defendant feels that party should contribute to the claimant’s claim, or provide indemnity to the defendant.

This is known as third-party proceedings. Here, the defendant is treated as the claimant and the third party as the defendant. In theory, the original claimant does not have much to do with third-party proceedings.

Directions to prepare for trial, and production of documents

Once pleadings have closed, the court gives directions to prepare the matter for trial. What used to be handled through a summons for directions is now generally dealt with in a single application pending trial, which is intended to bundle the interlocutory applications a party wants to make into one rather than allowing them to arrive one at a time.

Disclosure of documents is now called production of documents rather than discovery, and its scope is narrower than the old regime: a party produces the documents it relies on and specific documents the other side can properly identify, rather than everything arguably relevant. Directions are given to parties, including which documents to file, which evidence to present, the number of witnesses to be called and also regarding specific evidence like medical reports, photos or expert witnesses.

It is at this stage that most of the evidence is ‘put on the table’. Parties are allowed to object to certain documentary evidence being used – but they must include the reason for their refusal.

Court-ordered dispute resolution – the last step before trial

In order to encourage the parties to settle and avoid a costly or lengthy trial, the judge may order dispute resolution for the parties, during the summons for direction phase. Methods of court dispute resolution include arbitration, mediation or neutral evaluation. State courts have dispute resolution centres.

Exchanging affidavits

During the pre-trial phase, sworn witness statements, or affidavits or evidence in chief, have to be prepared, filed and exchanged. These statements make up the witness’s testimony, and each witness may be cross-examined on the content of these statements.

Pre-trial applications

Each party is allowed to file interlocutory applications in the pre-trial phase, in order to further prepare for trial. Interlocutory applications may include:

  • Application to amend filed documents – for example, the statement of claim or defence.
  • Application for production of documents – to order a party to produce identified documents in its possession.
  • Application for interlocutory injunction – directing the other party to do something, ro stop doing something, until the trial.
  • Application for default judgement – when the other party does not comply with an order of the court.
  • Application for summary judgement – where the claimant argues the judgement should be given without trial, due to the defendant not having a real defence.
  • Application for freezing order (formerly a Mareva injunction) – to stop a party from deliberately depleting assets so they can’t be used to satisfy any judgement the court might make against them.
  • Application for search order (formerly an Anton Piller order) – to allow certain people to enter the party’s property to look for and seize items in order to stop the defendant destroying evidence which could incriminate them.

Case conferences

Several case conferences may happen during the trial preparation; these confirm that all applications are dealt with prior to the matter being set down for trial.

Settlement

Parties are encouraged to settle if they can; any party may offer a settlement at any stage of the proceedings. The Rules provide a formal mechanism for making offers to settle. Where a party refuses an offer and then does no better at trial than the offer would have given them, the Rules provide for adverse costs consequences. The courts also expect parties to consider amicable resolution, and an unreasonable refusal to do so can be reflected in costs.

Setting down and subpoenas

Following the conclusion of all pre-trial matters, one party (usually the claimant) files a request for setting down action for the trial.

Subpoenas are issued, to ensure witness’s attendance. If a witness fails to show, the court will disregard the statement of their evidence-in-chief.

Subpoenas come in different types:

  • To attend court to give evidence orally
  • To produce documents without having to come to court
  • To produce documents and also provide evidence in court.

A subpoena may only be issued once the matter is set down for trial.

The Trial – order of proceedings

Court proceedings are designed so that each party has the opportunity to present their case. Parties are usually represented by lawyers specialising in civil litigation, but a party may choose to represent themselves and litigate in person.

Ordinarily, it is the claimant’s lawyers who will open the case, giving an opening address and calling witnesses. The defendant’s lawyer then ha the chance to cross-examine these witnesses. Following that, the witnesses may then be re-examined once more.

The claimant will give all their evidence and then close their part of the case.

Then it’s the defendant’s turn – they present their case and call defence witnesses. These are then cross-examined and re-examined too.

Once the defence closes their case, closing statements will be made to the court by both parties. Depending on the complexity of the case, the judge might ask for oral or written closing submissions.

Judgement and orders

The court’s decision may be made immediately after closing arguments, or it may be made later after the case has been adjourned, to give the time to consider the evidence.

In some instances, the court gives judgement on liability but leaves the amount of damages for the assessment of a registrar, which can happen out of court, in chambers. Evidence will be put to the registrar to help determine the amount of damages. In personal injury cases, for example, the court decides on liability but the registrar hears expert medical testimony, reports and the account of the victim, to determine appropriate damages.

As well as granting order to give effect to its judgments, orders may also be made by the court about which party is liable to pay the legal costs of the other party.

Enforcement of judgments

The method of enforcing the judgment will depend on the sort of case it is. Common methods include:

  • Writs of execution, of seizure and sale, of possession, and of delivery – where the defendant doesn’t pay their debts in time, the claimant can request that the court allows the claimant to seize and sell the property of the defendant, to satisfy the amount owed.
  • Applying for an examination of the debtor – this will assess what assets are available to settle the debt.
  • Winding up applications and bankruptcy.
  • Receivership appointments – money is held by the receiver for the judgement creditor’s benefit.
  • Garnishee orders – these request a third party owing money to the defendant (judgement debtor) to pay the claimant instead (judgement creditor).

Appeal

It is the right of both claimant and defendant to have the judgement appealed to a higher court, in certain circumstances.

Speaking to a lawyer experienced in civil litigation is recommended, as it is a complex process, and you may significantly improve your chances of being successful in a lawsuit.