No. S 283
Supreme Court of Judicature Act
(Chapter 322)
Rules of Court (Amendment No. 2) Rules 1997
In exercise of the powers conferred on us by section 80 of the Supreme Court of Judicature Act and all other powers enabling us under any other written law, we, the Rules Committee, hereby make the following Rules:
Citation and commencement
1.—(1)  These Rules may be cited as the Rules of Court (Amendment No. 2) Rules 1997 and shall come into operation on 1st July 1997.
(2)  Rules 3, 4, 14 and 17(1) shall apply only to proceedings commenced on or after 1st July 1997.
(3)  Rules 9, 10 and 11 shall apply only to appeals to the Court of Appeal in respect of which the notice of appeal was filed on or after 1st July 1997.
(4)  Rules 13 and 17(4) shall apply only to cases in which the order for the discharge of the solicitor was made on or after 1st July 1997, or in which the legal aid certificate was revoked or discharged on or after 1st July 1997.
Amendment of Order 1
2.  Order 1, Rule 4 of the Rules of Court (G.N. No. S 71/96) (referred to in these Rules as the principal Rules) is amended by inserting, immediately after the definition of “cause book”, the following definition:
“ “Civil Procedure Convention” includes any convention, treaty or agreement of any description or any provision thereof between different States relating to civil procedure in the court;”.
Amendment of Order 10
3.  Order 10, Rule 1 of the principal Rules is amended —
(a)by deleting the words “paragraph (2) or (3)” in the second line of paragraph (4) and substituting the words “paragraph (3)”; and
(b)by deleting the words “the person serving it endorses on it” in the third line of paragraph (4) and substituting the words “the plaintiff files a memorandum of service in Form 11 containing”.
Amendment of Order 21
4.  Order 21, Rule 2 of the principal Rules is amended by inserting, immediately after paragraph (4), the following paragraphs:
(5)  An action begun by writ is deemed to have been discontinued against a defendant if the memorandum of service referred to in Order 10, Rule 1(4), is not filed in respect of the service of the writ on that defendant within 12 months after the validity of the writ for the purpose of service has expired, and, within that time —
(a)a memorandum of appearance has not been filed in the action by that defendant; and
(b)judgment has not been obtained in the action against that defendant in respect of the whole or any part of the relief claimed against that defendant in the action.
(6)  Where an action has been discontinued under paragraph (5), the Court may, on application, reinstate the action and allow it to proceed on such terms as it thinks just.”.
Amendment of Order 25
5.  Order 25 of the principal Rules is amended —
(a)by deleting the words “to file and” in the first line of paragraph (1)(a) of Rule 3;
(b)by deleting the words “and the bundles of documents referred to therein” in the third and fourth lines of paragraph (1)(a) of Rule 3;
(c)by deleting the words “file and exchange” in the second line of Rule 8(1)(e) and substituting the words “exchange, without filing,”; and
(d)by deleting Rule 9.
Amendment of Order 34
6.  Order 34, Rule 3 of the principal Rules is amended —
(a)by inserting at the end of paragraph (1)(c), the word “and”;
(b)by deleting sub-paragraphs (d) and (e) of paragraph (1) and substituting the following sub-paragraph:
(d)a certificate in Form 63B, signed by all parties to the action or their solicitors, to the effect that all affidavits of the evidence-in-chief of witnesses ordered or required to be exchanged pursuant to Order 25 have been so exchanged.”;
(c)by deleting the words “Subject to paragraph (3), the” in the first line of paragraph (2) and substituting the word “The”;
(d)by deleting paragraph (3); and
(e)by inserting, immediately after Rule 3, the following Rule:
Lodging documents prior to trial (O. 34, r. 3A)
3A.—(1)  The following documents must be filed not less than 5 days before the trial of an action:
(a)the originals of the affidavit of the evidence-in-chief of all witnesses; and
(b)a bundle of all documents that will be relied on or referred to in the course of the trial by any party, including any documents that are exhibited to the affidavits of the evidence-in-chief of all witnesses.
(2)  Each party shall file the affidavits of the evidence-in-chief of that party’s witnesses.
(3)  The contents of the bundle of the documents referred to in paragraph (1)(b) shall be agreed on between all parties as far as possible and this bundle of agreed documents shall be filed by the plaintiff.
(4)  If the parties are unable to agree on the inclusion of certain documents, those documents on which agreement cannot be reached shall be included in separate bundles, and each such bundle shall be filed by the party that intends to rely on or refer to the documents in that bundle at the same time as the bundle of documents referred to in paragraph (1)(b).
(5)  The documents contained in bundles must be arranged chronologically or in some logical order and must be paginated.
(6)  Care must be taken to avoid duplication within the same bundle.
(7)  The contents and format of every bundle of documents filed in pursuance of this Rule shall comply with the requirements laid down in any practice directions for the time being issued by the Registrar.
(8)  Any party may apply at any time to the Registrar for directions as to the filing, bundling and organisation of documents intended to be used at the trial of the action, and, on such application, the Registrar may make such order or give such direction as he thinks is necessary to achieve the just, expeditious and economical conduct of the trial of the action.”.
Amendment of Order 34A
7.  Order 34A of the principal Rules is amended —
(a)by renumbering Rule 1 as paragraph (1) of that Rule, and by inserting immediately thereafter the following paragraphs:
(2)  Where any party fails to comply with any order made or direction given by the Court under paragraph (1), the Court may dismiss the action, strike out the defence or counterclaim or make such other order as it thinks fit.
(3)  The Court may, in exercising its powers under paragraph (1), make such order as to costs as it thinks fit.
(4)  Any judgment, order or direction given or made against any party who does not appear before the Court when directed to do so under paragraph (1) may be set aside or varied by the Court on such terms as it thinks just.”; and
(b)by deleting paragraph (5) of Rule 2.
Amendment of Order 41
8.  Order 41, Rule 11 of the principal Rules is amended by deleting the words “Subject to Order 25, Rule 9, any” in paragraph (1) and substituting the word “Any”.
Amendment of Order 57
9.  Order 57, Rule 9 of the principal Rules is amended —
(a)by deleting paragraph (1) and substituting the following paragraph:
(1)  Within 3 months after service of the notice referred to in Rule 5(2), the appellant must file —
(a)one copy of the record of appeal;
(b)subject to Rule 9A, 4 copies of the Appellant’s Case referred to in that Rule; and
(c)4 copies of a core bundle of documents, (referred to in this Order as the core bundle),
and serve a copy each thereof on every respondent to the appeal or his solicitor except that if the appeal is to be heard by a Court of Appeal consisting of 2 Judges of Appeal, only 3 copies of the core bundle and the Appellant’s Case shall be filed.”;
(b)by deleting sub-paragraphs (d) and (e) of paragraph (2) and substituting the following sub-paragraphs:
(d)the documents in the nature of pleadings;
(e)other documents, so far as are relevant to the matter decided and the nature of the appeal; and
(f)the judgment or order appealed from.”;
(c)by inserting, immediately after paragraph (2), the following paragraph:
(2A)  The core bundle shall contain —
(a)copy of the grounds of the judgment or order referred to in Rule 5(1);
(b)the documents in the nature of pleadings;
(c)other documents, including notes of evidence and affidavits, or portions thereof, that are relevant to any question in the appeal or will be referred to in the Appellant’s Case, the Respondent’s Case or the joint Case or at the appeal;
(d)the judgment or order appealed from; and
(e)an index of the documents included therein, which shall cross-refer each document to its location in the record of appeal or joint record of appeal, as the case may be.”; and
(d)by deleting the following words in the fourth to eleventh lines of paragraph (3):
In the event of the parties being unable to agree, the matter shall be referred to the Registrar who may require the parties to attend before a Judge of Appeal. The Registrar as well as the parties shall endeavour to exclude from the record all documents (more particularly such as are merely formal) that are not relevant to the subject-matter of the appeal taking special care to avoid the duplication of documents and unnecessary repetition of headings, and other merely formal parts of documents.”.
Amendment of Order 57
10.  Order 57, Rule 9A of the principal Rules is amended —
(a)by deleting the words “and the Appellant’s Case” in paragraph (2)(a) and substituting the words “, the Appellant’s Case and the core bundle”;
(b)by inserting, immediately after the words “Appellant’s Case” at the end of paragraph (2)(b), the words “and the core bundle”;
(c)by inserting, immediately after paragraph (2), the following paragraph:
(2A)  If the respondent intends to refer to any document in the Respondent’s Case or at the appeal, and such document is not included in the core bundle, the respondent shall file, at the same time as his case, a supplemental core bundle which shall contain —
(a)such additional documents as are not included in the core bundle; and
(b)an index of the documents included in the supplemental core bundle, which shall cross-refer each document to its location in the record of appeal or joint record of appeal, as the case may be.”;
(d)by inserting, immediately after the word “appeal” in the first line of paragraph (3)(c), the words “and the core bundles”;
(e)by inserting, immediately after the word “appeal” in the last line of paragraph (3)(c), the words “, the core bundle and any supplemental core bundle”;
(f)by inserting, immediately after the word “appeal” in the second line of paragraph (3)(d), the words “or the core bundle”; and
(g)by deleting the words “record of appeal” at the end of paragraph (10) and substituting the words “core bundle and any supplemental core bundle”.
Amendment of Order 57
11.  Order 57, Rule 10 of the principal Rules is amended —
(a)by inserting, immediately after the word “appeal” in the second line of paragraph (1), the words “, the core bundle, any supplemental core bundle”; and
(b)by inserting, immediately after the word “appeal” in the second line of paragraph (2), the words “, the core bundle, any supplemental core bundle”.
Amendment of Order 62
12.  Order 62, Rule 6 of the principal Rules is amended —
(a)by deleting paragraph (4) and substituting the following paragraphs:
(4)  Where the FAX is transmitted on a working day before 4 p.m. or on a Saturday before 12 noon, it shall, for the purpose of computing any period of time after service of that document, be deemed to be served on that day, and, in any other case, on the working day next following, unless the contrary is shown.
(4A)  In paragraph (4), “working day” means any day other than Sunday or a public holiday.”; and
(b)by inserting, immediately after the word “purpose” in the fourth line of Rule 8, the words “of computing any period of time after service”.
Amendment of Order 64
13.  Order 64, Rule 5 of the principal Rules is amended —
(a)by inserting, immediately after the word “order” in the ninth line of paragraph (1), the words “and files a notice in Form 143A of his having ceased to act as solicitor for the party”; and
(b)by inserting, immediately after paragraph (4), the following paragraph:
(5)  A solicitor who has ceased to act for an assisted person pursuant to paragraph (4) must give notice of ceasing to act for an assisted person in Form 143B.”.
Amendment of Order 70
14.  Order 70, Rule 2 of the principal Rules is amended by inserting, immediately after paragraph (4), the following paragraph:
(5)  Order 10, Rule 1(4) and Order 21, Rule 2(5) and (6) shall apply to a writ issued under this Order.”.
Amendment of Order 91
15.  Order 91 of the principal Rules is amended —
(a)by renumbering Rule 1 as paragraph (1) of that Rule, and by inserting immediately thereafter the following paragraph:
(2)  The fees to be paid for the use of a technology Court and the facilities thereof, and for the use, preparation, and any matter related to the use, of a computer presentation system shall be as determined by the Chief Justice from time to time.”; and
(b)by inserting, immediately after Rule 3, the following Rule:
Waiver of fees under Civil Procedure Convention (O. 91, r. 4)
4.  The Registrar may, in any case, waive the payment of the whole or any part of the fees, costs, expenses and percentages to be taken and paid under these Rules if the waiver of such fees, costs, expenses and percentages is provided for by any Civil Procedure Convention.”.
Amendment of Order 92
16.  Order 92 of the principal Rules is amended by inserting, immediately after Rule 1, the following Rule:
Use of foreign documents without authentication pursuant to Civil Procedure Convention (O. 92, r. 1A)
1A.  Notwithstanding anything in these Rules, a document or a translation thereof that has been drawn up or certified, and duly sealed, by a court or other competent authority of a foreign country, being a country with which there subsists a Civil Procedure Convention providing for the dispensation of the authentication of such documents, may be received, filed or used in the Court.”.
Amendment of Forms
17.—(1)  The principal Rules are amended by inserting, immediately after Form 10, the following Form:
“11
O. 10, r. 1(4)
MEMORANDUM OF SERVICE
(Title as in action)
To the Registrar
     The writ of summons herein was served on (name of defendant) on, (day of the week), the     day of                19      , at (place of service).
     The person served was        , who is the (or a) defendant (or, if the person served is not the defendant, the capacity in which he was served).
     Dated this       day of       19     .
Solicitor for the plaintiff(s).”.
(2)  Form 46 of the principal Rules is amended by deleting the words “filed and” in the second line of paragraph 22.
(3)  The principal Rules are amended by inserting, immediately after Form 63A, the following Form:
63B.
O. 34, r. 3
CERTIFICATE OF EXCHANGE OF AFFIDAVITS OF EVIDENCE-IN-CHIEF
(Title as in action)
To the Registrar
     We, the undersigned, being all the parties to the captioned action, or their representatives or solicitors, hereby certify that all affidavits of evidence-in-chief ordered or required to be exchanged under Order 25 have been exchanged as at the date of this certificate. The affidavits that have been exchanged are the following:
Name of deponent
Party for whom the deponent is a witness
Date affidavit was sworn or affirmed
 
 
 
     Dated this         day of        19       .
Solicitors for the plaintiff(s).
Solicitors for the defendant(s).”.
(4)  The principal Rules are amended by inserting, immediately after Form 143, the following Forms:
143A.
O. 64, r 5 (5)
NOTICE OF CEASING TO ACT AS SOLICITOR
(Title as in action)
To the Registrar
     Take notice that (name of solicitor), of       , has ceased to act as the solicitor of the abovenamed (plaintiff or defendant (if for one or more of several defendants, naming the defendant or defendants)) in this action.
     The address for service of the abovenamed (plaintiff or defendant) is (last known address of the plaintiff or defendant, if acting in person, or the principal or registered address of the plaintiff or defendant if a body corporate).
     Dated this       day of            19     .
Solicitor
To the (plaintiff/defendant (naming the other party) or his solicitors)
 
143B.
O. 64, r. 5 (5)
NOTICE OF CEASING TO ACT AS SOLICITOR FOR ASSISTED PERSON WHOSE CERTIFICATE FOR LEGAL AID HAS BEEN REVOKED/DISCHARGED
(Title as in action)
To the Registrar
     Take notice that the legal aid certificate of the abovenamed (plaintiff or defendant (if for one or more of several defendants, naming the defendant or defendants)) has been (revoked/discharged) and that (name of solicitor), of         , has ceased to act as the solicitor of the abovenamed (plaintiff or defendant (if for one or more of several defendants, naming the defendant or defendants)) in this action.
     The address for service of the abovenamed (plaintiff or defendant) is (last known address of the plaintiff or defendant).
     Dated this           day of           19      .
Solicitor
To the (plaintiff/defendant (naming the other party) or his solicitors)”.
Amendment of Appendix B
18.  Appendix B of the principal Rules is amended —
(a)by inserting, immediately after the words “Order 59” in item 87, the words “, or where, in any proceedings, a lump sum for costs is allowed by the Court in any of the cases mentioned in Appendix 2 of Order 59,”;
(b)by deleting item 107 and substituting the following items:
107.
Commission of 1% to be charged on all sums levied by seizure and sale or distress, subject to a minimum of $100
— — —
To be deducted by the Sheriff or Registrar.
 
Note:—Where the sale is made by private contract, only half the commission will be payable
— — —
To be deducted by the Sheriff or Registrar.
107A.
On the sale of any property, where no fee or commission is specifically provided, commission of 1% to be charged on the sale price, subject to a minimum of $100
— — —
To be deducted by the Sheriff or Registrar.
 
Note:—Where the sale is made by private contract, only half the commission will be payable
— — —
To be deducted by the Sheriff or Registrar.
”; and
(c)by inserting, immediately after item 111, the following item:
111A.
One half of the commission chargeable under item 107A to be charged on the estimated value of the property where the sale is not proceeded with
— — —
To be paid in cash to the Sheriff or Registrar by the party who requested that the sale be carried out.
”.
Miscellaneous Amendments
19.  The principal Rules are amended —
(a)by inserting, immediately after the words “Order 6, Rule 2”, in paragraph (2) of Order 7, Rule 3, the words “except for paragraph (1) (a) and (b)”;
(b)by inserting, immediately after the words “relation to” in paragraph (3) of Order 8, Rule 3, the word “a”;
(c)by deleting the words “or 5” in the first line of paragraph (1) of Order 14, Rule 7;
(d)by deleting sub-paragraph (c) of Order 20, Rule 1(3) and substituting the following sub-paragraph:
(c)(without prejudice to Rule 3(1)) an amendment of the statement of claim (if any) endorsed on the writ,
unless the amendment is made before service of the writ on any party to the action.”;
(e)by deleting the words “unless the notice of offer otherwise provides” in Order 22A, Rule 4;
(f)by deleting the word “or” at the end of paragraph (3)(a) of Order 24, Rule 7A;
(g)by deleting the words “Notice of filing, etc., of affidavit” in the heading to Order 32, Rule 13 and substituting the words “Service or use of affidavit”;
(h)by deleting the words “Rule 1” in the first line of paragraph (1) of Order 39, Rule 3 and substituting the words “Rule 2”;
(i)by deleting the words “Order 26, Rule 7(3)” in paragraph (2) of Order 45, Rule 7 and substituting the words “Order 26, Rule 6(3)”;
(j)by deleting the words “Order 70, Rule 23” in paragraph (4) of Order 49, Rule 9 and substituting the words “Order 70, Rule 24”;
(k)by deleting the words “Order 3, Rule 5” in Order 57, Rule 17 and substituting the words “Order 3, Rule 4”;
(l)by deleting the word “right” in paragraph (4) of Order 64, Rule 4 and substituting the word “rights”;
(m)by deleting the words “Form 154 (a), (b) or (c)” in Order 68, Rule 16 and substituting the words “Form 154 (a) or (b)”;
(n)by deleting the words “in proceeding” in the second line of sub-paragraph (c) of Order 70, Rule 3(2) and substituting the words “is proceeding”;
(o)by deleting the words “section 5” in Order 71, Rule 14 and substituting the words “section 6”;
(p)by deleting the words “Order 14, Rule 1 or under Order 14A, Rule 1” and “Order 14, Rule 5 or Order 14A, Rule 1” in paragraph (1)(a) and (b) of Order 73, Rule 5 and substituting in each case the words “Order 14, Rule 1 or Rule 12”;
(q)by deleting sub-paragraph (b) of Order 76, Rule 12(1) and substituting the following sub-paragraph:
(b)money paid into Court is accepted by or on behalf of a plaintiff who is a person under disability,
the money shall be dealt with in accordance with directions given by the Court.”;
(r)by inserting a comma immediately after the word “writ” in the second line of paragraph (1) of Order 83, Rule 4;
(s)by deleting the words “section 16” in paragraph (1) of Order 85, Rule 2 and substituting the words “section 15”;
(t)by deleting the words “Order 3, Rule 5” in paragraph (5) of Order 87, Rule 2 and substituting the words “Order 3, Rule 4”;
(u)by deleting the words “Order 3, Rule 5” in paragraph (6) of Order 90A, Rule 1 and substituting the words “Order 3, Rule 4”;
(v)by deleting the words “Order 3, Rule 5” in paragraph (6) of Order 90A, Rule 2 and substituting the words “Order 3, Rule 4”;
(w)by inserting, immediately above the heading “FORMS” in Form 1, the following words:
[O. 1, r. 7] APPENDIX A”.
(x)by deleting the words “defendant and for” in the first paragraph of Form 27 and substituting the words “defendant and        for”;
(y)by deleting the word “, of” in the first line of paragraph 1 of Form 31 and substituting the word “,        of ”;
(z)by deleting the words “dated (or proposed to be appointed)” in the second line of the first paragraph of Form 59 and substituting the words “dated        (or proposed to be appointed)”;
(za)by deleting the words “this        day” in the first line of Form 64 and substituting the words “this day”;
(zb)by deleting the words “at on” in the first line of Form 68 and substituting the words “at on”;
(zc)by deleting the words “said (or my evidence)” in the second line of paragraph 2 of Form 71 and substituting the words “said             (or my evidence)”;
(zd)by deleting the words “[Note: O. 13, r. 4]” in the heading to paragraph (e) of Form 79 and substituting the words “[Note: O. 13, r. 5; O. 19, r. 6; O. 42, r. 5]”;
(ze)by deleting the words “Justice on” in the second line of paragraph (i) of Form 79 and substituting the words “Justice                on”;
(zf)by deleting the word “the $” in the first line of paragraph 3 of paragraph (j) of Form 79 and substituting the words “the              $”;
(zg)by deleting the words “ordered and” in the second line of paragraph 1 of paragraph (l) of Form 79 and substituting the words “ordered                 and”;
(zh)by deleting the words “and what other” in the second line of paragraph 2 of Form 97; and
(zi)by deleting the words “making the order” at the end of paragraph 2 of Form 97 and substituting the words “conducting the examination”.
Amendment of Appendix B
20.  Appendix B of the principal Rules is amended —
(a)by deleting the words “High Court ” wherever they appear under the heading “Fees ” and substituting in each case the words “Supreme Court”;
(b)by deleting the dash in the column under High Court in item 8 and substituting “150”;
(c)by inserting the word “Writs ” as a heading above item 23;
(d)by deleting the dashes in the fourth column of item 25(a) and (b) and substituting in each case the words “The filed copy.”;
(e)by inserting the word “Order.” in the fourth column of item 30;
(f)by deleting the dash in the fourth column of item 33(b) and substituting the word “Praecipe.”;
(g)by inserting, immediately after item 42, the following items:
42A.
Request for payment out of moneys paid into Court under instalment order
5% of the sum to be paid out
Request.
42B.
For an application for the refund of the fee paid for any unused document
50
20
20
Praecipe.
”;
(h)by inserting below item 44 the words “If the net estate passing under the grant exceeds $250,000 as sworn in the Estate Duty Affidavit, the fees payable in the District Court shall be the same as those payable in the Supreme Court.”;
(i)by deleting the words “or a notice under Order 70, Rule 12(2)” in item 51 (b);
(j)by inserting, immediately after item 70, the following item:
70A.
On filing any other document for which no fee is specifically provided
10
10
10
The document filed.
”;
(k)by deleting item 75;
(l)by deleting the dash in the fourth column of item 88 and substituting the words “Bill of Costs.”;
(m)by deleting item 90;
(n)by deleting item 91 and substituting the following item:
91.
Upon an application for the production of records or documents to be given in evidence —
 
 
 
 
 
(a)where the records or documents are left in Court
20
20
10
Praecipe.
 
(b)where an officer is required to produce the records or documents in Court
100
100
60
Praecipe.
”;
(o)by deleting items 95, 96 and 97;
(p)by deleting the dash in the fourth column against item 103 and substituting the word “Praecipe.”;
(q)by deleting the dashes in the fourth column against item 104 (a) and (b) and substituting the word “Praecipe.” in each case;
(r)by deleting the dashes in the fourth column of item 117 (a) and (b) and substituting in each case the words “To be paid in cash to the Sheriff or Registrar.”;
(s)by deleting the heading above item 118 and paragraphs (A), (B), (C) and (D) and substituting the following heading and paragraphs:
Proceedings under the following:
(a)Adoption of Children Act (Chapter 4);
(b)Guardianship of Infants Act (Chapter 122);
(c)Inheritance (Family Provision) Act (Chapter 138);
(d)Mental Disorders and Treatment Act (Chapter 178)”; and
(t)by deleting items 127, 129, 132, 133 and 134.
[G.N. Nos. S 143/96; S 86/97]
Made this 7th day of June 1997.
YONG PUNG HOW
Chief Justice.
CHAN SEK KEONG
Attorney-General.
M. KARTHIGESU
Judge of Appeal.
L.P. THEAN
Judge of Appeal.
LAI KEW CHAI
Judge.
G.P. SELVAM
Judge.
JUDITH PRAKASH
Judge.
RICHARD R. MAGNUS
Senior District Judge.
TAY YONG KWANG
District Judge.
MICHAEL KHOO KAH LIP
Advocate and Solicitor.
R.E. MARTIN
Advocate and Solicitor.
[RSCS R7/7; AG/LEG/SL/322/97/1 Vol. 1]
(To be presented to Parliament under section 80(5) of the Supreme Court of Judicature Act).