Comparison View

Formal Consolidation |  2020 RevEd
Rules of Court
80.—(1)  The Rules Committee constituted under subsection (3) may make Rules of Court regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the General Division, the Appellate Division and the Court of Appeal respectively in all causes and matters whatsoever in or with respect to which those courts respectively have for the time being jurisdiction (including the procedure and practice to be followed in the Registry of the Supreme Court) and any matters incidental to or relating to any such procedure or practice.
[40/2019]
(2)  Without limiting subsection (1), Rules of Court may be made for the following purposes:
(a)prescribing the manner in which, and the time within which, any application which under this Act or any other written law is to be made to the General Division, the Appellate Division or the Court of Appeal must be made;
(b)prescribing what part of the business which may be transacted and of the jurisdiction and powers which may be exercised by a Judge sitting in the General Division (whether in court or in chambers) may be transacted or exercised by the Registrar, the Deputy Registrar or an Assistant Registrar (including provisions for appeals against decisions of the Registrar, the Deputy Registrar or an Assistant Registrar);
(c)regulating and prescribing the procedure to be followed in regard to proceedings under the Government Proceedings Act 1956 where such proceedings are instituted in the Supreme Court;
(d)regulating and prescribing the procedure to be followed on appeals from any subordinate court to the General Division, the Appellate Division or the Court of Appeal and the procedure in connection with the transfer of any proceedings from any subordinate court to the General Division or from the General Division to a subordinate court;
(e)regulating and prescribing the procedure to be followed on appeals from the General Division to the Appellate Division or the Court of Appeal, appeals from the Appellate Division to the Court of Appeal, the reference of any appeal by the Appellate Division to the Court of Appeal and the transfer of appeals between the Appellate Division and the Court of Appeal;
(ea)prescribing what powers in sections 40(1) and 58(1) may be exercised by the Registrar, the Deputy Registrar or an Assistant Registrar (including provisions for the variation or discharge of any direction or order of the Registrar, the Deputy Registrar or an Assistant Registrar by a single Judge and for the finality of such variation or discharge);
(f)prescribing the scales of allowances, costs and fees to be taken or paid to any party or witness in any proceedings in the General Division, the Appellate Division or the Court of Appeal, and regulating any matters relating to the costs of proceedings in such courts;
(g)enabling proceedings —
(i)to be commenced in the General Division against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made;
(ii)purporting to have been commenced in the General Division by or against a person to be treated, if the person was dead at their commencement, as having been commenced by or against (as the case may be) the person’s estate, whether or not a grant of probate or letters of administration was made before their commencement; and
(iii)commenced or treated as commenced in the General Division by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against (as the case may be) a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives;
(h)regulating the means by which particular facts may be proved, and the manner in which any factual, expert or opinion evidence may be adduced, in any proceedings or on any application in connection with or at any stage of any proceedings;
(i)regulating the joinder of parties and prescribing in what cases persons absent, but having an interest in a cause or matter, are bound by any order made therein, and in what cause or matter orders may be made for the representation of absent persons by one or more parties to a cause or matter;
(j)regulating the rate of interest payable on all debts, including judgment debts, or on the sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the court, except that the rate of interest must not in any case exceed 8% per annum, unless it has been otherwise agreed between the parties;
(k)prescribing in what cases money due under a judgment or order is to be paid into court;
(l)regulating the modes in which a writ of seizure and sale may be executed, and the manner in which seizure may be made of any property seizable thereunder, and the mode of sale by the Sheriff or any other officer of the Supreme Court of any property so seized, and the manner in which the right and title of purchasers of the property at any sale by any officer of the Supreme Court may be secured to the purchasers;
(m)regulating the discovery of a judgment debtor’s property in aid of the execution of any judgment or order;
(n)the taking of evidence before an examiner on commission or by letters of request, and prescribing the circumstances in which evidence so taken may be read on the trial of an action;
(o)prescribing in what cases and on what conditions a court may act upon the certificate of accountants, actuaries or other scientific persons;
(p)prescribing the duties of the Accountant in respect of funds or property in the custody of the court, and in particular prescribing the mode of transfer of securities into the name of the Accountant, and the method of investment of any such funds, and the rate of interest to be charged thereon, and the manner in which unclaimed funds may be dealt with;
(q)prescribing anything that is required or permitted under this Act to be prescribed by the Rules of Court.
[46/2018; 40/2019]
(2A)  Without limiting subsection (1), Rules of Court may be made in relation to the Singapore International Commercial Court for the following purposes:
(a)to provide for different procedures and practices to be followed in respect of proceedings in that Court and in appeals from that Court;
(b)to prescribe, for the purposes of section 18D(1), what constitutes an action of an international and commercial nature, and any other conditions that an action must satisfy before that Court may hear and try the action;
(c)to prescribe, for the purposes of section 18D(2), what constitutes an international commercial arbitration, and any conditions that any proceedings must satisfy before that Court may hear those proceedings;
(d)to prescribe, for the purposes of section 18J, the conditions to be satisfied before a case can be transferred to or from that Court, and to provide for the making of, and other matters related to, any consequential order mentioned in section 18J(3)(b);
(e)to prescribe, for the purposes of section 18K, the cases in which and the extent to which that Court is not bound to apply any rule of evidence under Singapore law, and the rules of evidence (if any) to be applied in those cases;
(f)to prescribe, for the purposes of section 18L, any conditions to be satisfied before an order can be made under section 18L(1), and the matters which that Court may have regard to in determining any question of foreign law on the basis of submissions;
(g)to prescribe, for the purposes of section 18M, any conditions to be satisfied before a party can be represented by a foreign lawyer or law expert in that Court or in an appeal from that Court;
(h)to prescribe the circumstances where that Court may make a judgment or an order without hearing oral arguments;
(i)to declare to be final, for the purposes of paragraph 1 of the Fourth Schedule, any judgment or order of that Court (not being a judgment or an order that finally disposes of an action on its merits);
(j)to prescribe the fees and deposits payable for proceedings in that Court and in appeals from that Court;
(k)to provide for the Registrar to decline to administer, or decline to continue administering, a case in that Court or an appeal from that Court if any fee or deposit mentioned in paragraph (j) is not paid.
[42/2014; 1/2018; 22/2018; 46/2018]
(3)  The Rules Committee consists of —
(a)the Chief Justice, who is the Chairperson of the Committee;
(b)the Attorney-General;
(c)not more than 5 Supreme Court Judges (excluding the Presiding Judge of the State Courts) to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing;
(d)the Presiding Judge of the State Courts;
(e)a District Judge to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing; and
(f)2 practising advocates and solicitors to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing.
[4/2010; 5/2014; 40/2019]
(4)  At any meeting of the Rules Committee, 5 members form a quorum and all questions are to be decided by a majority of votes of the members present and voting.
(5)  No Rules of Court may be made without the consent of the Chief Justice.
(6)  All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette.
Informal Consolidation | Amended Act 25 of 2021
Rules of Court
80.—(1)  The Rules Committee constituted under subsection (3) may make Rules of Court regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the General Division, the Appellate Division and the Court of Appeal respectively in all causes and matters whatsoever in or with respect to which those courts respectively have for the time being jurisdiction (including the procedure and practice to be followed in the Registry of the Supreme Court) and any matters incidental to or relating to any such procedure or practice.
[40/2019]
(2)  Without limiting subsection (1), Rules of Court may be made for the following purposes:
(a)prescribing the manner in which, and the time within which, any application which under this Act or any other written law is to be made to the General Division, the Appellate Division or the Court of Appeal must be made;
(b)prescribing what part of the business which may be transacted and of the jurisdiction and powers which may be exercised by a Judge sitting in the General Division (whether in court or in chambers) may be transacted or exercised by the Registrar, the Deputy Registrar or an Assistant Registrar (including provisions for appeals against decisions of the Registrar, the Deputy Registrar or an Assistant Registrar);
(c)regulating and prescribing the procedure to be followed in regard to proceedings under the Government Proceedings Act 1956 where such proceedings are instituted in the Supreme Court;
(d)regulating and prescribing the procedure to be followed on appeals from any subordinate court to the General Division, the Appellate Division or the Court of Appeal and the procedure in connection with the transfer of any proceedings from any subordinate court to the General Division or from the General Division to a subordinate court;
(e)regulating and prescribing the procedure to be followed on appeals from the General Division to the Appellate Division or the Court of Appeal, appeals from the Appellate Division to the Court of Appeal, the reference of any appeal by the Appellate Division to the Court of Appeal and the transfer of appeals between the Appellate Division and the Court of Appeal;
(ea)prescribing what powers in sections 40(1) and 58(1) may be exercised by the Registrar, the Deputy Registrar or an Assistant Registrar (including provisions for the variation or discharge of any direction or order of the Registrar, the Deputy Registrar or an Assistant Registrar by a single Judge and for the finality of such variation or discharge);
(f)prescribing the scales of allowances, costs and fees to be taken or paid to any party or witness in any proceedings in the General Division, the Appellate Division or the Court of Appeal, and regulating any matters relating to the costs of proceedings in such courts;
(g)enabling proceedings —
(i)to be commenced in the General Division against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made;
(ii)purporting to have been commenced in the General Division by or against a person to be treated, if the person was dead at their commencement, as having been commenced by or against (as the case may be) the person’s estate, whether or not a grant of probate or letters of administration was made before their commencement; and
(iii)commenced or treated as commenced in the General Division by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against (as the case may be) a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives;
(h)regulating the means by which particular facts may be proved, and the manner in which any factual, expert or opinion evidence may be adduced, in any proceedings or on any application in connection with or at any stage of any proceedings;
(i)regulating the joinder of parties and prescribing in what cases persons absent, but having an interest in a cause or matter, are bound by any order made therein, and in what cause or matter orders may be made for the representation of absent persons by one or more parties to a cause or matter;
(j)regulating the rate of interest payable on all debts, including judgment debts, or on the sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the court, except that the rate of interest must not in any case exceed 8% per annum, unless it has been otherwise agreed between the parties;
(k)prescribing in what cases money due under a judgment or order is to be paid into court;
(l)regulating the modes in which an enforcement order for seizure and sale of property may be executed, and the manner in which seizure may be made of any property seizable thereunder, and the mode of sale by the Sheriff or any other officer of the Supreme Court of any property so seized, and the manner in which the right and title of purchasers of the property at any sale by any officer of the Supreme Court may be secured to the purchasers;
[Act 25 of 2021 wef 01/04/2022]
(m)regulating the discovery of a judgment debtor’s property in aid of the enforcement of any judgment or order;
[Act 25 of 2021 wef 01/04/2022]
(n)the taking of evidence before an examiner on commission or by letters of request, and prescribing the circumstances in which evidence so taken may be read on the trial of an action;
(o)prescribing in what cases and on what conditions a court may act upon the certificate of accountants, actuaries or other scientific persons;
(p)prescribing the duties of the Accountant in respect of funds or property in the custody of the court, and in particular prescribing the mode of transfer of securities into the name of the Accountant, and the method of investment of any such funds, and the rate of interest to be charged thereon, and the manner in which unclaimed funds may be dealt with;
(q)prescribing anything that is required or permitted under this Act to be prescribed by the Rules of Court;
[Act 25 of 2021 wef 01/04/2022]
(r)prescribing the fees and deposits payable for proceedings in the General Division, the Appellate Division and the Court of Appeal.
[Act 25 of 2021 wef 01/04/2022]
[46/2018; 40/2019]
(2A)  Without limiting subsection (1), Rules of Court may be made in relation to the Singapore International Commercial Court for the following purposes:
(a)to provide for different procedures and practices to be followed in respect of proceedings in that Court and in appeals from that Court;
(b)to prescribe, for the purposes of section 18D(1), what constitutes an action of an international and commercial nature, and any other conditions that an action must satisfy before that Court may hear and try the action;
(c)to prescribe, for the purposes of section 18D(2) —
(i)what constitutes an international commercial arbitration, and any conditions that any proceedings must satisfy before that Court may hear those proceedings; and
(ii)what constitutes a corporate insolvency, restructuring or dissolution under the Insolvency, Restructuring and Dissolution Act 2018, or under the Companies Act 1967* as in force immediately before 30 July 2020, that is international and commercial in nature, and any conditions that any proceedings must satisfy before that Court may hear those proceedings;
[Act 25 of 2021 wef 01/10/2022]
(ca)to prescribe, for the purposes of section 18D(3)(b), any conditions that a counterclaim must satisfy before that Court can hear and try the counterclaim;
[Act 25 of 2021 wef 01/04/2022]
(cb)to prescribe, for the purposes of section 18D(3)(c), any requirements for the issue of proceedings against a third party;
[Act 25 of 2021 wef 01/04/2022]
(cc)to prescribe, for the purposes of section 18D(3)(d), any requirements for the issue of proceedings against a subsequent party.
[Act 25 of 2021 wef 01/04/2022]
(d)to prescribe, for the purposes of section 18J, the conditions to be satisfied before a case can be transferred to or from that Court, and to provide for the making of, and other matters related to, any consequential order mentioned in section 18J(3)(b);
(e)to prescribe, for the purposes of section 18K, the cases in which and the extent to which that Court is not bound to apply any rule of evidence under Singapore law, and the rules of evidence (if any) to be applied in those cases;
(f)to prescribe, for the purposes of section 18L, any conditions to be satisfied before an order can be made under section 18L(1), and the matters which that Court may have regard to in determining any question of foreign law on the basis of submissions;
(g)to prescribe, for the purposes of section 18M, any conditions to be satisfied before a party can be represented by a foreign lawyer or law expert in that Court or in an appeal from that Court;
(h)to prescribe the circumstances where that Court may make a judgment or an order without hearing oral arguments;
(i)to declare to be final, for the purposes of paragraph 1 of the Fourth Schedule, any judgment or order of that Court (not being a judgment or an order that finally disposes of an action on its merits);
(j)to prescribe the fees and deposits payable for proceedings in that Court and in appeals from that Court;
(k)to provide for the Registrar to decline to administer, or decline to continue administering, a case in that Court or an appeal from that Court if any fee or deposit mentioned in paragraph (j) is not paid.
[42/2014; 1/2018; 22/2018; 46/2018]
[*Updated to be consistent with the 2020 Revised Edition]
(2B)  The Rules of Court may, instead of providing for any matter, refer to any provision made or to be made for that matter by practice directions issued for the time being by the Registrar.
[Act 25 of 2021 wef 01/04/2022]
(3)  The Rules Committee consists of —
(a)the Chief Justice, who is the Chairperson of the Committee;
(b)the Attorney-General;
(c)not more than 5 Supreme Court Judges (excluding the Presiding Judge of the State Courts) to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing;
(d)the Presiding Judge of the State Courts;
(e)a District Judge to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing; and
(f)2 practising advocates and solicitors to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing.
[4/2010; 5/2014; 40/2019]
(4)  At any meeting of the Rules Committee, 5 members form a quorum and all questions are to be decided by a majority of votes of the members present and voting.
(5)  No Rules of Court may be made without the consent of the Chief Justice.
(6)  All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette.