ORDER 15
COURT HEARINGS AND EVIDENCE
Division 1 — Court hearings
Hearings in court and in chambers (O. 15, r. 1)
1.—(1)  Subject to any written law or practice directions, every originating application, summons, assessment of damages, taking of accounts and appeal must be heard in chambers.
(2)  All trials in originating claims must be heard in open court.
(3)  Applications and appeals to the Appellate Division or Court of Appeal must be heard in open court unless the Appellate Division or Court of Appeal (as the case may be) otherwise orders.
(4)  Subject to paragraphs (1) to (3) and any written law, the Court may order any matter which is to be heard in chambers to be heard in court and order any matter which is to be heard in court to be heard in chambers at any time.
(5)  As a general rule, attendance in hearings in chambers is restricted to the parties (if they are not legally represented) or to their solicitors (if they are legally represented).
(6)  The Court may allow any person to attend any hearing in chambers subject to space, security and the interests of justice.
(7)  Despite paragraphs (2) and (3) and subject to any written law, the Court may hear any matter in court in private with attendance restricted to the parties, their legal representatives and any other person which the Court allows in the interests of justice.
(8)  All persons in court or in chambers must comply with the practice directions and the Court’s directions on attire, conduct, use of electronic or other devices or any other matter.
Jurisdiction and powers of Registrar (O. 15, r. 2)
2.—(1)  Subject to any written law and directions by the Chief Justice, the Registrar of the Supreme Court has the jurisdiction and powers of a Judge sitting in chambers in the General Division and must hear all matters in chambers only.
(2)  The Registrar of the Supreme Court may refer any matter to a Judge in the General Division, who may hear the matter referred to him or her or send it back to the Registrar with directions.
(3)  This Rule applies in relation to the jurisdiction of the Registrar of the State Courts, save that the reference to directions by the Chief Justice is to be construed as a reference to the directions which the Presiding Judge of the State Courts may, with the concurrence of the Chief Justice, make.
Attendance of parties (O. 15, r. 3)
3.—(1)  All parties must attend the hearing of any matter in person (if they are not legally represented) or by a solicitor (if they are legally represented).
(2)  If a party fails to attend the hearing, the Court may dismiss the party’s application, action or appeal or make any other appropriate order against the party.
(3)  The Court may dispense with the attendance of the parties or their solicitors and decide any matter after reading the documents filed without the need for oral arguments, except for the following matters:
(a)where oral evidence is given at any part of the proceedings (including any part of a trial of an action), unless all the parties consent;
(b)where the hearing of the matter is required under written law or an order of court to be advertised or published in any newspaper or the Gazette.
(4)  The Court may, in any matter that it may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner except where to do so would be inconsistent with the Court’s duty to ensure that the proceedings are conducted fairly to all parties.
Attendance of witnesses (O. 15, r. 4)
4.—(1)  The parties may request the Registrar to issue an order to attend court or an order to produce documents in Form 29 to any witness, stating whether the witness is to give oral evidence or to produce documents or both.
(2)  The order to attend court or order to produce documents must state the requesting party and whether the witness is to give oral evidence or to produce documents or both.
(3)  An order to attend court or an order to produce documents must be served by the requesting party on the witness by personal service in Singapore at least 28 days before the hearing.
(4)  The Registrar may, in any case, revoke an order to attend court or an order to produce documents upon application by any person or on the Registrar’s own motion.
(5)  Any party who is dissatisfied with any decision of the Registrar made under this Rule may apply to a Judge sitting in the General Division or a District Judge (as the case may be) for a review of that decision.
(6)  An application under this Rule must be made by summons supported by an affidavit, within 14 days after that decision.
(7)  An order to attend court or an order to produce documents continues to have effect until the conclusion of the hearing.
(8)  A witness served with an order to produce documents only need not attend court personally if he or she ensures that all the documents required are produced in accordance with the order to produce documents.
(9)  A witness who complies with an order to attend court or an order to produce documents is entitled to claim reasonable compensation for his or her time and expenses in complying with the order from the requesting party upon request.
(10)  If the witness is a person confined in a prison, the requesting party must include in his or her letter the name of the prison the witness is confined in, the reasons for requiring the witness to attend court and an undertaking to pay upon request the costs to be incurred by the prison in complying with the order to attend court.
(11)  An order to attend court addressed to a person confined in prison is to include the following words:
“This order to attend court is sufficient authority as an order under section 38 of the Prisons Act for the Superintendent to produce the named person in court at the time and place stated.
The requesting party undertakes to pay upon request the costs to be incurred by the prison in complying with the order to attend court.”.
(12)  The order to attend court in paragraph (11) may be served on the Superintendent of the prison by ordinary service and must be served at least 14 days before the hearing.
(13)  A witness, who is not a party, who has not given his or her evidence must remain outside the courtroom until he or she is called into Court.
(14)  A witness who has given his or her evidence may remain in or leave the courtroom.
(15)  Where a document filed in Court or the Court’s records are required for the hearing, the requesting party may request the Registrar to produce the document or the Court’s records by filing a request in such form as specified in the practice directions.
(16)  It is sufficient for the Registrar to produce a copy of the document or the records requested.
Where person to give evidence is out of jurisdiction (O. 15, r. 5)
5.—(1)  Where —
(a)an application is made for permission for any person outside Singapore to give evidence by live video link or live television link in any proceedings; and
(b)the laws of the jurisdiction where the person is located require the issue of a letter of request to the relevant authorities of that jurisdiction for such evidence to be given,
an application may be made for an order in Form 30 for the issue of the letter of request.
(2)  An application under this Rule may only be made in the General Division even if the proceedings are commenced in the State Courts.
(3)  An application under this Rule must be made by summons and supported by an affidavit setting out the basis for the application and enclosing a copy of each document the applicant intends to file in the Registry pursuant to paragraph (4).
(4)  Where an order is made under paragraph (1) for the issue of a letter of request to the relevant authorities of a jurisdiction to permit evidence to be given by live video link or live television link by any person in that jurisdiction, paragraphs (5) to (8) apply.
(5)  The party obtaining the order must prepare the letter of request and file it in the Registry, and the letter must be —
(a)in a case where the jurisdiction in which the evidence is to be given is a jurisdiction to which the Hague Evidence Convention applies — in the current version of the applicable Recommended Model Form; or
(b)in any other case — in Form 17,
with such variations as may be required by the jurisdiction in which the evidence is to be given or by the order.
(6)  A letter of request filed under paragraph (5), or a document attached to the letter, must be accompanied by a translation of the letter or document in a language specified by the jurisdiction in which the evidence is to be given, unless that jurisdiction accepts the letter or document in English.
(7)  Every translation filed under paragraph (6) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person’s full name, address and qualifications for making the translation.
(8)  The party obtaining the order must, when the party files in the Registry the documents mentioned in paragraphs (5), (6) and (7), also file in the Registry an undertaking in Form 18 signed by the party or the party’s solicitor to be responsible personally for all expenses incurred by an issuing authority or a transmitting authority in respect of the letter of request and, on receiving due notification of the amount of those expenses, to pay that amount to the issuing authority or transmitting authority and to produce a receipt for the payment to the proper officer of the Registry.
(9)  In this Rule —
“Hague Evidence Convention” means the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters done at the Hague on 18 March 1970;
“issuing authority” means an authority responsible for issuing a letter of request under this Rule;
“Recommended Model Form” means a Recommended Model Form for a Letter of Request to be issued under the Hague Evidence Convention, as set out on the Internet website for that Convention at https://www.hcch.net/en/instruments/conventions/specialised‑sections/evidence;
“transmitting authority” means an authority responsible for transmitting a letter of request issued under this Rule to the relevant authorities of the jurisdiction in which the evidence is to be taken.
Attendance by other persons (O. 15, r. 6)
6.—(1)  Any person may attend a hearing in open court.
(2)  The Court may disallow any person to attend any hearing if —
(a)that person is improperly attired;
(b)that person is disruptive; or
(c)it is in the interests of justice.
Hearing of originating applications and summonses (O. 15, r. 7)
7.—(1)  Subject to any written law, an originating application must be heard by one Judge.
(2)  The Judge may hear the whole or part of the matter with the assistance of one or 2 assessors who must take such part in the hearing and be remunerated in the manner and the amount that the Court orders.
(3)  If none of the parties attends Court when the hearing begins, the Court may dismiss the matter.
(4)  If one of the parties does not attend Court when the hearing begins, the Court may proceed with the hearing or give judgment against or dismiss the claim of the absent party or make any other appropriate order.
(5)  Unless otherwise provided in any written law or the Court otherwise directs, originating applications and summonses must be decided on the basis of the evidence adduced by affidavits and on oral or written submissions, without oral evidence or cross‑examination.
(6)  Where the Court is of the view that there are disputes of facts in the affidavits, the Court may order any of the following:
(a)the parties to file and serve further affidavits;
(b)the makers of the affidavits to be cross‑examined;
(c)the originating application to be converted into an originating claim, and with the necessary directions;
(d)any other appropriate order.
(7)  The Court may give its decision immediately after the hearing or at a later date.
Hearing of originating claims, assessment of damages or value and taking of accounts (O. 15, r. 8)
8.—(1)  Subject to any written law and unless the Court otherwise directs, the trial in an originating claim, assessment of damages or value, and taking of accounts must be heard by one Judge.
(2)  The Judge may hear the trial or part of the trial with the assistance of one or 2 assessors who must take such part in the trial and be remunerated in the manner and the amount that the Court orders.
(3)  If none of the parties attends Court when the trial begins, the Court may dismiss the claim and any counterclaim.
(4)  If one of the parties does not attend Court when the trial begins, the Court may proceed with the trial or give judgment against or dismiss the claim of the absent party or make any other appropriate order.
(5)  The Court must have control over the order of proceedings and may give the appropriate directions before or during the trial and subject to such directions, the following order of proceedings set out in paragraphs (6) to (13) is to apply.
(6)  The opening statements and affidavits of evidence‑in‑chief need not be read out in Court.
(7)  The claimant must begin and testify before the claimant’s witnesses.
(8)  The defendant and any other parties may cross‑examine the claimant and the claimant’s witnesses.
(9)  When the claimant and the claimant’s witnesses have completed giving their evidence, subject to paragraph (11), the defendant must begin and testify before the defendant’s witnesses.
(10)  The claimant and any other parties may cross‑examine the defendant and the defendant’s witnesses.
(11)  At the conclusion of the claimant’s case, the defendant may make a submission of “No case to answer”, in that the evidence in the claimant’s case has not made out a case requiring the defendant to make the defendant’s defence, on the basis that the following apply in relation to the defendant’s submission:
(a)the defendant will not be giving evidence by himself or herself or through the defendant’s witnesses even if the Court rules against the defendant;
(b)the defendant does not have a counterclaim arising out of substantially the same facts as the claimant’s case or, if the defendant has such a counterclaim, the defendant withdraws it;
(c)if there is more than one defendant and not all the defendants make the submission of “No case to answer” and the Court decides not to rule immediately on the submission of “No case to answer”, the defendant who makes the submission cannot rely on or make any submissions on the evidence given by any other party and cannot cross‑examine any party or witness who gives evidence after the submission was made;
(d)the defendant who makes the submission of “No case to answer” may rely on the evidence of the defendant’s expert and any other expert if those experts have already given evidence as a panel of experts during the claimant’s case;
(e)the defendant who makes the submission of “No case to answer” and is unsuccessful may make submissions on the costs of the action.
(12)  At the conclusion of the evidence for all the parties, the Court must hear the submissions of all the parties in the order that the Court considers appropriate.
(13)  The Court may give its decision immediately after the hearing or at a later date.
Oaths and affirmations (O. 15, r. 9)
9.  A person must take an oath or make an affirmation according to the practice of the Court before he or she gives evidence in Court.
Questions and inspection by Court (O. 15, r. 10)
10.—(1)  The Court may ask a witness any questions that the Court considers necessary at any time but must allow the parties to ask the witness further questions arising out of the Court’s questions.
(2)  The Court may inspect any object in the courtroom or elsewhere and visit any place that is relevant to the action.
Exhibits and record of hearings (O. 15, r. 11)
11.—(1)  The Court must maintain a record of any physical exhibit tendered in evidence and kept with the Court.
(2)  The Court may direct that any physical exhibit which is bulky, perishable or requires special security or treatment be kept in the custody of the party who tendered it or the party’s solicitor, and may direct that a photograph of that exhibit be tendered in Court.
(3)  Exhibits kept with the Court may be returned to the relevant parties after the time for appealing has expired or after any appeal has been decided.
(4)  Where the Court has given the relevant parties at least 14 days’ notice to take back their exhibits and they fail to do so, the Court may dispose of the exhibits and any costs incurred in such disposal must be paid by the relevant parties.
(5)  The Court must maintain an official record of every hearing.
(6)  In a hearing where an audio recording system approved by the Registrar is used, the audio recording is the official record of the hearing.
(7)  In a hearing where an audio recording system is not used, the Court’s notes of proceedings, recorded in any manner that the Court may determine, are the official record of the hearing.
(8)  A party may apply for a certified transcript of the official record of the hearing upon payment of the relevant fees.
(9)  The costs of producing a certified transcript of the official record of hearing may be claimed as an item of disbursement unless otherwise ordered by the Court.
(10)  A transcript of the official record of hearing must be certified in such manner as the Registrar may determine.
(11)  The official record of the hearing must be kept for 5 years beginning from the last day of the hearing.
Court’s decision and consequential orders (O. 15, r. 12)
12.—(1)  The Court may give its decision in any matter whether heard in open court or in chambers —
(a)orally at the conclusion of the hearing or on a subsequent date with the parties present; or
(b)in writing at the conclusion of the hearing or on a subsequent date with or without the parties present.
(2)  The parties are entitled to a copy of the decision given in writing upon payment of the relevant charges.
(3)  Where the parties in any matter inform the Registrar in writing that they wish to record a consent judgment or order, the Court may dispense with the attendance of the parties and may record the judgment or order in the agreed terms, and the Registrar is to inform the parties accordingly.
(4)  The Court may give such further orders or directions incidental or consequential to any judgment or order that the Court considers appropriate.
Death of party (O. 15, r. 13)
13.—(1)  The Court may give its decision in any matter which has been heard but not decided yet although a party passes away.
(2)  The Court may also substitute any person who has taken over the interest or the liability of the deceased party as a party in the matter and order that that person be bound by the decision given.
Death of Judge or Registrar, etc. (O. 15, r. 14)
14.—(1)  Where a Judge or a Registrar who has heard a matter has not given his or her decision, or who has heard part of a matter, passes away or becomes incapable of giving his or her decision or continuing with the hearing for any reason, another Judge or Registrar may take over and give his or her decision based on the earlier hearing or continue with the hearing, if all the parties consent.
(2)  The Judge or Registrar who takes over the matter may recall any witness to give evidence and also order the parties to make further submissions.
(3)  If the parties do not consent under paragraph (1), the matter must be heard anew by another Judge or Registrar.
Assessment of damages or value and taking of accounts (O. 15, r. 15)
15.—(1)  This Rule applies to the assessment of damages and the taking of accounts, and in this Rule, unless the context otherwise requires, “damages” includes damages for personal injuries or value of movable and immovable property and amounts due on taking of accounts.
(2)  The Court must give judgment on liability and on the amount of damages if the hearing was not ordered to be bifurcated.
(3)  If the hearing was ordered to be bifurcated, when the Court gives judgment on liability, it may give directions on the assessment of damages and proceed subsequently to assess damages or order the Registrar to assess damages.
(4)  If the hearing was ordered to be bifurcated, and the Court gives judgment on liability and for damages to be assessed, and no provision is made by the judgment as to how the damages are to be assessed, the damages must, subject to the provisions of this Rule, be assessed by the Registrar or Judge, and the party entitled to the benefit of the judgment must, within one month from the date of the judgment, apply to the Court for directions and the provisions of Order 9, Rule 25(12) apply to the application for directions.
(5)  On the hearing of the application for directions mentioned in paragraph (4), the Court may give directions as to the time by which a notice of appointment for assessment of damages must be filed and such notice upon being filed must be served not later than 14 days after the date of filing on the party against whom the judgment is given.
(6)  Where damages are in respect of any continuing cause of action, they must be assessed until the date of decision in the assessment.
(7)  Where the damages are for personal injuries, the Court may make an award for provisional damages assessed on the assumption that a contingency will not happen and which entitles the claimant to apply for further damages at a future date if the contingency happens.
(8)  A claim for provisional damages must be pleaded.
(9)  An award for provisional damages must specify the contingency and the period for applying for future damages.
(10)  If there is more than one contingency, the Court may specify a different period for applying for future damages for each contingency.
(11)  The Court may extend the period in paragraph (9) or (10) if the claimant applies for an extension within the period stated.
(12)  The claimant may make only one application for further damages in respect of each contingency.
(13)  The claimant’s application for further damages must be served on the defendant and the defendant’s insurers if the claimant knows that the defendant is insured in respect of the claimant’s claim.
(14)  The Court hearing the claimant’s application for further damages must give the appropriate directions for the assessment of the further damages.
(15)  The Court may order damages for personal injuries to be paid in periodic instalments instead of one amount.
(16)  The Court assessing damages for personal injuries may be guided by actuarial tables and other guidelines issued from time to time in practice directions.
(17)  Where the damages are for amounts due on taking of accounts, the Court must give the appropriate directions for the taking of accounts.
Evidence in originating claims, assessment of damages or value and taking of accounts (O. 15, r. 16)
16.—(1)  As a general rule, the trial in an originating claim, assessment of damages or value, and taking of accounts must be decided on the basis of the witnesses’ affidavits of evidence‑in‑chief, cross‑examination, re‑examination and on oral or written submissions.
(2)  In a special case, the Court may allow a witness’ evidence‑in‑chief to be given orally instead of by affidavit of evidence‑in‑chief.
(3)  An affidavit of evidence‑in‑chief may not be used if the maker does not attend Court for cross‑examination, unless the parties otherwise agree.
(4)  An affidavit of evidence‑in‑chief must contain all material facts which may not be departed from or supplemented by new facts in oral evidence unless the new facts occurred after the date of making the affidavit of evidence‑in‑chief.
(5)  An affidavit of evidence‑in‑chief must contain only evidence that is admissible in law.
(6)  If a party intends to object to the contents of affidavits of evidence‑in‑chief on the ground of admissibility or other reasons, that party must, by filing and serving the form specified in the practice directions, give notice to the party who is relying on those affidavits of evidence‑in‑chief at least 28 days before the first date of the hearing.
(7)  If a party intends to rely on statements in affidavits of evidence‑in‑chief pursuant to section 32 of the Evidence Act, that party must give notice by letter to all other parties of that party’s intention at the time that party serves on the other parties the affidavits of evidence‑in‑chief in question.
(8)  The notice in paragraph (7) must state the grounds in section 32 of the Evidence Act that the party relies on.
(9)  If the statements to be admitted pursuant to section 32 of the Evidence Act are contained in a document, the notice in paragraph (7) must contain the following:
(a)the time and place at which the statements were made;
(b)the name of the maker and his or her address, if known;
(c)if the maker has passed away, the date of death, if known;
(d)if the maker of the document is different from the maker of the statements, the name of the maker of the document and his or her address, if known;
(e)if the maker of the document has passed away, the date of death, if known;
(f)a copy of the document or the relevant part of that document.
(10)  If the statements to be admitted pursuant to section 32 of the Evidence Act are not contained in a document, the notice in paragraph (7) must contain the following:
(a)the time and place at which the statements were made;
(b)the name of the maker and his or her address, if known;
(c)if the maker has passed away, the date of death, if known;
(d)whether the statements were made orally or otherwise;
(e)the name and address of the person who heard or perceived the statement being made;
(f)the substance of the statements or, if the statements were made orally and the exact words used are material, the actual words used.
(11)  The Court may accept as fact anything that the parties have agreed upon.
Division 2 — Affidavits
Definitions of this Division (O. 15, r. 17)
17.  In this Division —
“affirm” includes “swear”;
“commissioner for oaths” includes any person authorised to administer oaths and affirmations in or outside Singapore.
Affidavit evidence (O. 15, r. 18)
18.  An affidavit is a statement of evidence in the English language, signed and affirmed before a commissioner for oaths.
Formalities of affidavit (O. 15, r. 19)
19.—(1)  An affidavit must be in Form 31, with the text set out in consecutively numbered paragraphs.
(2)  In the case of affidavits filed as evidence‑in‑chief in an originating claim, the maker of the affidavit must include at the top left hand portion of the first page of the affidavit a colour photograph of the maker in the space indicated in Form 31, which —
(a)measures 35 mm wide and 45 mm high;
(b)is taken in the last 12 months; and
(c)shows the full face facing forward, with eyes open and with no headwear except what is worn in accordance with religious or racial customs.
Competence to make affidavit (O. 15, r. 20)
20.  A person who makes an affidavit must be legally competent to give evidence in court.
Joint affidavit (O. 15, r. 21)
21.  Two or more persons may make a joint affidavit if all the facts that they are affirming are the same.
Affidavit may be affirmed before and attestation completed by commissioner for oaths through live video link or live television link (O. 15, r. 22)
22.—(1)  Subject to paragraphs (2) and (3), an affidavit may be affirmed and signed in Singapore before, and the attestation completed and signed by, a commissioner for oaths with the deponent appearing before the commissioner for oaths through a live video link or live television link that is created using a remote communication technology that complies with the requirements set out in any practice directions for the time being issued by the Registrar.
(2)  For the purposes of this Rule, the deponent and the commissioner for oaths may sign the affidavit electronically in accordance with any requirements laid down in any practice directions for the time being issued by the Registrar.
(3)  Where the affidavit is to be taken, and an oath for the taking of the affidavit is to be administered, in Singapore by a commissioner for oaths through a live video link or live television link, the commissioner for oaths must be able to —
(a)maintain visual contact and communicate with the deponent and any interpreter present throughout the process;
(b)confirm the identity of the deponent and any interpreter present;
(c)verify by visual inspection, read, interpret and explain the document to be affirmed and signed by the deponent; and
(d)confirm that the document which the commissioner for oaths later signs is the same document affirmed and signed by the deponent.
Affirming affidavit outside Singapore (O. 15, r. 23)
23.  An affidavit may be affirmed outside Singapore.
Safeguards for persons who do not understand English, are illiterate or blind (O. 15, r. 24)
24.  Where the maker of the affidavit is not able to understand English, is illiterate or blind, the commissioner for oaths must certify on the affidavit that —
(a)the affidavit was read in the commissioner for oaths’ presence to the maker in a language or dialect that the maker understands;
(b)the person who did the translation was competent to do so;
(c)the maker indicated that he or she understood the affidavit and confirmed its contents; and
(d)the maker signed or placed his or her fingerprint willingly in the commissioner for oaths’ presence to affirm the affidavit.
Contents of affidavit (O. 15, r. 25)
25.—(1)  An affidavit must contain only relevant facts.
(2)  An affidavit must not contain —
(a)vulgar or insulting words unless those words are in issue in the action; or
(b)anything that is intended to offend or to belittle any person or entity.
Alteration of affidavit (O. 15, r. 26)
26.—(1)  An affidavit may be altered after it has been affirmed but not filed in Court if the affidavit is re‑affirmed before a commissioner for oaths.
(2)  A maker of an affidavit which has been filed in Court may correct any mistakes in that affidavit by making another affidavit.
Documents referred to in affidavit (O. 15, r. 27)
27.—(1)  Where an affidavit refers to a document, a copy of that document must be annexed to the affidavit.
(2)  If it is necessary to refer to the whole document, a copy of the document must be annexed.
(3)  If it is necessary to refer to only certain portions of the document, a copy of only those portions need to be annexed.
(4)  Where an affidavit refers to a person or object and it is necessary to identify that person or object, the identification may be done by annexing a picture of that person or object to the affidavit.
(5)  All annexures to an affidavit must be identified by a certificate of the commissioner for oaths.
Affidavits admitted without proof (O. 15, r. 28)
28.  The seal or signature of a commissioner for oaths in an affidavit affirmed in or outside Singapore must be accepted as valid unless the contrary is shown.
Use of affidavit filed in previous proceedings (O. 15, r. 29)
29.  A party who intends to use in any proceedings any affidavit filed in previous proceedings must give notice of the party’s intention to do so and serve such affidavit on every other party.
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Last updated 26 Nov 2024
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