6. The principal Rules are amended by inserting, immediately after rule 929, the following Division:“Division 68A — Electronic filing service for certain specified proceedings and matters |
929A.—(1) This Division applies to —(a) | the following proceedings which are commenced in a Family Court in the same manner as an application for a summons is made under the Criminal Procedure Code (Cap. 68):(i) | an application for an order under Part VII, VIII or IX of the Women’s Charter (Cap. 353); | (ii) | an application to enforce, under section 10 of the Maintenance of Parents Act (Cap. 167B), a maintenance order made under that Act; | (iii) | an application for a provisional maintenance order under section 4(1) of the Maintenance Orders (Reciprocal Enforcement) Act (Cap. 169); | (iv) | an application to enforce, under section 8 of the Maintenance Orders (Reciprocal Enforcement) Act, a maintenance order registered or confirmed under that Act by a court in Singapore; | (v) | an application to enforce, under section 53(1) of the Administration of Muslim Law Act (Cap. 3), an order of the Syariah Court; and |
| (b) | all matters (other than appeals) arising from those proceedings. |
(2) To avoid doubt, in the case of proceedings under Part VII, VIII or IX of the Women’s Charter, the matters mentioned in paragraph (1)(b) include —(a) | any matter relating to bails and bonds under Division 5 of Part VI of the Criminal Procedure Code; and | (b) | any matter relating to warrants of arrests under section 120 of the Criminal Procedure Code. |
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929B. In this Division, unless the context otherwise requires —“authorised agent”, in relation to an authorised user that is a qualifying entity, means a person who is designated under rule 929E(2) by the authorised user as its authorised agent; |
“authorised user” means any individual or qualifying entity that is granted access by the Registrar under rule 929E(1) to use the electronic filing system; |
“confirmation receipt” means a confirmation that is transmitted to an authorised user, or an authorised agent of an authorised user, after the authorised user or authorised agent has filed any application or document through the electronic filing service; |
“court” means a Family Court; |
“document” has the same meaning as in section 3(1) of the Evidence Act (Cap. 97); |
“electronic filing” means the process by which an authorised user or an authorised agent files any application or document by means of an electronic transmission; |
“electronic filing service” means the electronic filing service established under rule 929C; |
“electronic filing service provider” means the electronic filing service provider appointed under rule 929D; |
“electronic transmission” means electronic transmission by an authorised user or an authorised agent through the electronic filing service; |
“identification code” means the identification code of an authorised user or an authorised agent that is to be used in conjunction with the electronic filing service; |
“presumed” means presumed until the contrary is proved; |
“qualifying entity” means —(a) | a sole proprietorship; | (b) | an incorporated or unincorporated partnership (including a limited liability partnership and a limited partnership); | (c) | a law corporation; | (d) | a company or other body corporate; | (e) | the Attorney‑General’s Chambers; | (f) | a department of the Government; | (g) | a public authority; | (h) | a society registered under the Societies Act (Cap. 311); or | (i) | any other entity that the Registrar may specify in any particular case; |
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“Registrar” means the registrar of the Family Justice Courts. |
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Establishment of electronic filing service |
929C.—(1) The Registrar may, with the approval of the Chief Justice, establish an electronic filing service for the filing of —(a) | any document initiating any proceedings or matter to which this Division applies; and | (b) | every subsequent application or document relating to those proceedings or that matter. |
(2) The court will maintain in electronic form the official case file for any proceedings or matter to which this Division applies, and the electronic documents in that case file are the official court record. |
(3) If a court makes an electronic record, document or image of a document that is filed in hard copy, the electronic record, document or image is the official court record. |
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Electronic filing service provider and superintendent |
929D.—(1) The electronic filing service is operated by an electronic filing service provider appointed by the Registrar with the approval of the Chief Justice.(2) The Registrar is the superintendent of any electronic filing service provider appointed under paragraph (1). |
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Authorised user and authorised agent |
929E.—(1) Any individual or qualifying entity may be granted access by the Registrar to use the electronic filing system as an authorised user.(2) An authorised user that is a qualifying entity may designate one or more of its partners, directors, officers or employees as its authorised agent or authorised agents, in accordance with such procedure as the Registrar may require and on such terms and conditions as the Registrar thinks fit. |
(3) Any individual designated under paragraph (2) by an authorised user as its authorised agent is to be given access by the administrator of the authorised user to use the electronic filing service. |
(4) To avoid doubt, an authorised user who is an individual cannot designate another individual as an authorised agent of the authorised user. |
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929F.—(1) Subject to paragraphs (5), (6) and (7), every application or document mentioned in rule 929C(1) must be filed by an authorised user or an authorised agent using the electronic filing service in accordance with this Division and such other requirements as may be imposed by the Registrar.(2) The requirement in paragraph (1) for the filing of any such application or document is satisfied by the filing of a single copy of the application or document using the electronic filing service in accordance with these Rules. |
(3) Despite paragraph (1), the Registrar may allow to be filed any application or document mentioned in rule 929C(1) by any means other than the electronic filing service. |
(4) Every application or document mentioned in rule 929C(1) must be in such form as the Registrar may require. |
(5) Where a party —(a) | is an authorised user, or is represented by an advocate and solicitor who is an authorised user or an authorised agent; and | (b) | intends to tender a document as evidence to the court during a trial, |
the party must file, before the commencement of the trial, an electronic reproduction of the document using the electronic filing service, in accordance with this Division and such other requirements as may be imposed by the Registrar. |
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(6) The court may, in its discretion, allow a party to tender a document as evidence during a trial, even though the party has not complied with paragraph (5). |
(7) Paragraph (4) does not apply to any document that is to be tendered to the court as evidence. |
(8) Any application or document, which is filed through the electronic filing service by an authorised user using an identification code, is presumed to have been so filed by the authorised user and with the intention of the authorised user to do so. |
(9) Any application or document, which is filed through the electronic filing service by an authorised agent of an authorised user using an identification code, is presumed to have been so filed —(a) | on behalf and with the authority of the authorised user; and | (b) | with the intention of the authorised user to do so. |
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(10) To avoid doubt, every application or document that is filed with a court or the Registrar using an identification code in compliance with the security procedures of the electronic filing service is treated as a secure electronic record as defined in section 2(1) of the Electronic Transactions Act (Cap. 88). |
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Signing of electronic documents |
929G.—(1) Where any application or document is filed using the electronic filing service, any requirement of the written law under which the application or document is filed, relating to the signing by, or the signature of, an authorised user or an authorised agent of an authorised user, is presumed to be complied with if the identification code of the authorised user or authorised agent has been applied to or associated with, directly or indirectly, the application or document or the transmission containing the application or document.(2) For the purposes of paragraph (1) —(a) | where the identification code of an authorised user is applied to or associated with, directly or indirectly, any application or document, or any transmission containing any application or document, that is in compliance with the security procedures of the electronic filing service —(i) | the application or document is presumed to be signed by the authorised user; and | (ii) | the contents of the application or document are presumed to be endorsed by the authorised user; or |
| (b) | where the identification code of an authorised agent of an authorised user is applied to or associated with, directly or indirectly, any application or document, or any transmission containing any application or document, that is in compliance with the security procedures of the electronic filing service —(i) | the application or document is presumed to be signed by the authorised agent on behalf and with the authority of the authorised user; and | (ii) | the contents of the application or document are presumed to be endorsed by that authorised user. |
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(3) To avoid doubt, the application or association of the identification code of an authorised user or an authorised agent of an authorised user, directly or indirectly, to or with any application or document, or any transmission containing any application or document, that is in compliance with the security procedures of the electronic filing service is treated as a secure electronic signature as defined in section 2(1) of the Electronic Transactions Act (Cap. 88). |
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929H.—(1) Where any application or document is filed using the electronic filing service by an authorised user, or an authorised agent of an authorised user, it is presumed to be filed on the date and at the time that the first part of the electronic transmission of the application or document from the authorised user or authorised agent is received in the computer system of the court.(2) The authorised user or authorised agent may produce a confirmation receipt issued by the electronic filing service provider as evidence of —(a) | the filing of any application or document by the authorised user or authorised agent; and | (b) | the date and time of filing of the application or document. |
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(3) If the Registrar is satisfied for any reason that any application or document should be treated as having been filed using the electronic filing service, or issued by the court, at some earlier date and time than the date and time mentioned in paragraph (1) —(a) | the Registrar may cause the electronic filing service to reflect that earlier date and time; and | (b) | that earlier date and time is deemed for the purposes of any proceedings in court to be the date and time on and at which the application or document was filed. |
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Applications and documents to comply with certain matters |
929I.—(1) Every application or document must —(a) | comply with such requirements as may be imposed by the Registrar; and | (b) | contain such information and particulars of parties or other persons as may be required by the Registrar. |
(2) The Registrar, or any authorised officer or employee of the court, may reject any application or document if it does not comply with the requirements in this Division or any requirement imposed by the Registrar. |
(3) Any application or document rejected under this rule is to be treated as having been filed only on the date on which it is subsequently accepted for filing by the Registrar, or any authorised officer or employee of the court, and not before. |
(4) Every document, if not in the English language, must be accompanied by a translation of the document certified by a court interpreter, or a translation verified by the affidavit of a person qualified to translate it, before it may be received, filed or used in the court. |
(5) Amendments to any document may be effected in such manner as may be determined by the Registrar. |
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Issuance of orders and other documents by court |
929J.—(1) In any proceedings to which this Division applies, a court may transmit or deliver, through the electronic filing service or by electronic mail, to any person who is an authorised user or an authorised agent, any order or document that is not required to be served personally.(2) The order or document is presumed to be transmitted or delivered on the date and at the time that it is transmitted or delivered by the electronic filing service or by electronic mail (as the case may be). |
(3) The execution of the printed form of a warrant has the same legal effect as the execution of an original warrant. |
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Affidavits, sworn statements and unsworn statements |
929K.—(1) Affidavits, sworn statements and unsworn statements which are filed in the court using the electronic filing service may be used in all proceedings to the same extent and for the same purposes as paper affidavits, sworn statements or unsworn statements filed in the court.(2) Where an affidavit or sworn statement is to be filed in the court using the electronic filing service, it must comply with the following requirements:(a) | the affidavit or sworn statement must be sworn in the usual way in which the deponent signs the original paper affidavit or sworn statement; | (b) | a true and complete electronic image of the original paper affidavit or sworn statement must be created; | (c) | the original paper affidavit or sworn statement must be retained by the party who filed it for a period of 7 years after it is filed. |
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(3) Despite paragraph (2)(c), if the original paper affidavit or sworn statement becomes unavailable within 7 years after it was filed, the court may grant leave for the electronic image of the original paper affidavit or sworn statement filed in the court using the electronic filing service to be used in the proceedings for which it was filed, or in any other proceedings. |
(4) Paragraphs (2)(b) and (c) and (3) apply to unsworn statements to the same extent and in like manner as they apply to affidavits and sworn statements.”. |
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