Rules of Court 2021

Status:

Published in Subsidiary Legislation Supplement
on 01 Dec 2021

ORDER 6

COMMENCEMENT OF PROCEEDINGS

Division 1 — General

Mode of commencing proceedings (O. 6, r. 1)

1.—(1) Unless these Rules or any written law otherwise provide, a claimant may commence proceedings by an originating claim or an originating application.

(2) A claimant must commence proceedings by an originating claim where the material facts are in dispute.

(3) A claimant must commence proceedings by an originating application where —

(a)	these Rules or any written law require it;
(b)	the proceedings concern an application made to the Court under any written law; or
(c)	the proceedings concern solely or primarily the construction of any written law, instrument or document or some question of law and the material facts are not in dispute.

Issue of originating claim or originating application (O. 6, r. 2)

2. An originating claim or an originating application is deemed issued when the Registrar numbers, signs, seals and dates it.

Duration and renewal of originating claim or originating application (O. 6, r. 3)

3.—(1) Subject to this Rule, an originating claim or an originating application is valid for service for 3 months beginning with the date of its issue.

(2) An application may be made to extend the validity of the originating claim or originating application if it has not been served on all or any of the defendants before or after it expires.

(3) The Court may order the validity of the originating claim or originating application to be extended by a period beginning with the day next following that on which the originating claim or originating application would otherwise expire.

(4) Except in a special case, the Court may extend the validity of the originating claim or originating application only twice and by not more than 3 months each time.

(5) The originating claim or originating application in respect of which validity has been extended must be endorsed with the words, “Renewed for service for ____ months from _______ by order of Court dated ________” before it is served.

(6) Paragraphs (1) and (4) do not apply to an originating claim relating to Admiralty causes and matters.

Personal service of originating claim or originating application (O. 6, r. 4)

4. Subject to the provisions of any written law and these Rules, an originating claim or an originating application must be served personally on each defendant.

Division 2 — Originating claim

Form and service of originating claim (O. 6, r. 5)

5.—(1) An originating claim must be in Form 8.

(2) If the claim is for personal injuries, the claimant must annex a medical report and a statement of the special damages claimed to the originating claim.

(3) An originating claim may be endorsed generally with a concise description of the claim or with a statement of claim in Form 9.

(4) Except in a special case, an originating claim may be endorsed generally only if the limitation period for the cause of action will expire within 14 days after the originating claim is issued.

(5) Where the originating claim is endorsed generally, a statement of claim must be served within 14 days after the originating claim has been served.

(6) If the originating claim is to be served in Singapore, reasonable steps to serve on the defendant must be made as soon as possible and, in any event, within 14 days after the originating claim is issued.

(7) If the originating claim is to be served out of Singapore, reasonable steps to serve on the defendant must be made as soon as possible and, in any event, within 28 days after the originating claim is issued.

Form and service of notice of intention to contest or not contest (O. 6, r. 6)

6.—(1) A defendant who is served an originating claim in Singapore must file and serve a notice of intention to contest or not contest within 14 days after the statement of claim is served on the defendant.

(2) A defendant who is served out of Singapore must file and serve such a notice within 21 days after the statement of claim is served on the defendant.

(3) The notice of intention to contest or not contest the originating claim must be in Form 10.

(4) The filing and service of such a notice is not treated as a submission to jurisdiction or a waiver of any improper service of the originating claim.

(5) If the defendant fails to file and serve such a notice within the prescribed time or states in the notice that the defendant does not intend to contest all or some of the claims, the claimant may subject to paragraph (6) apply for judgment to be given against the defendant in Form 11.

(6) The claimant must file a memorandum of service in Form 12 when the claimant applies for judgment to be given against the defendant pursuant to paragraph (5).

(7) The Court may, when giving judgment under this Rule, direct the payment of interest, computed from the date of the originating process to the date on which judgment is given, at the rate of 5.33% per year.

Form and service of defence (O. 6, r. 7)

7.—(1) A defendant who is served in Singapore must file and serve a defence to the originating claim within 21 days after the statement of claim is served on the defendant.

(2) A defendant who is served out of Singapore must file and serve a defence to the originating claim within 5 weeks after the statement of claim is served on the defendant.

(3) The defence must be in Form 13.

(4) If the defendant is challenging the jurisdiction of the Court on the ground that the parties have agreed to refer their dispute to arbitration or on any other ground, the defendant need not file and serve a defence on the merits but must file and serve a defence stating the ground on which the defendant is challenging the jurisdiction of the Court.

(5) The challenge to jurisdiction may be for the reason that —

(a)	the Court has no jurisdiction to hear the action; or
(b)	the Court should not exercise jurisdiction to hear the action.

(6) A defence filed under paragraph (4) is not treated as a submission to jurisdiction.

(7) If the defendant fails to file and serve a defence within the prescribed time, the claimant may apply for judgment in default of defence in Form 14.

(8) The Court may, when giving judgment under this Rule, direct the payment of interest, computed from the date of the originating process to the date on which judgment is given, at the rate of 5.33% per year.

Form and service of counterclaim (O. 6, r. 8)

8.—(1) If the defendant intends to counterclaim against the claimant, the defendant must file and serve the counterclaim with the defence.

(2) The counterclaim must be in Form 13.

(3) If the counterclaim is for personal injuries, the defendant must annex a medical report and a statement of the special damages claimed with the counterclaim.

Form and service of defence to counterclaim (O. 6, r. 9)

9.—(1) The claimant need not file a reply to the defence if the claimant merely wishes to deny assertions without adding anything material but must file and serve a defence to the counterclaim within 14 days after the defence and counterclaim is served on the claimant.

(2) The claimant’s defence to the counterclaim must be in Form 13.

(3) If the claimant fails to file and serve a defence to the counterclaim within the prescribed time, the defendant may apply for judgment in default of defence in respect of the counterclaim to be given against the claimant in Form 14.

Further pleadings (O. 6, r. 10)

10.—(1) Parties must seek the approval of the Court at the case conference to file any further pleadings beyond the defence or defence to counterclaim, in cases where it is necessary for certain matters to be pleaded.

(2) No further pleadings may be filed unless the Court otherwise orders at the case conference.

Division 3 — Originating application

Forms of originating application (O. 6, r. 11)

11.—(1) Subject to these Rules and any other written law, an originating application must be in Form 15 or Form 16, whichever is appropriate, and the originating application must be supported by affidavit.

(2) Form 15 is to be used when the originating application has to be served.

(3) Form 16 is to be used when the originating application need not be served on anyone, where permitted by any written law.

(4) If the originating application is to be served in Singapore, reasonable steps to serve the originating application and the supporting affidavit on the defendant must be made as soon as possible and, in any event, within 14 days after the originating application is issued.

(5) If the originating application is to be served out of Singapore, reasonable steps to serve the originating application and the supporting affidavit on the defendant must be made as soon as possible and, in any event, within 28 days after the originating application is issued.

Form and service of defendant’s affidavit (O. 6, r. 12)

12.—(1) A defendant who is served in Singapore must file and serve the defendant’s affidavit within 21 days after being served with the claimant’s originating application and affidavit, if the defendant wishes to introduce evidence in respect of the originating application filed against the defendant.

(2) A defendant who is served out of Singapore must file and serve the defendant’s affidavit within 5 weeks after being served with the claimant’s originating application and affidavit, if the defendant wishes to introduce evidence in respect of the originating application filed against the defendant.

(3) If the defendant is challenging the jurisdiction of the Court on the ground that the parties have agreed to refer their dispute to arbitration or on any other ground, the defendant need not file and serve the defendant’s affidavit on the merits but must file and serve the defendant’s affidavit stating the ground on which the defendant is challenging the jurisdiction of the Court.

(4) The challenge to jurisdiction may be for the reason that —

(a)	the Court has no jurisdiction to hear the action; or
(b)	the Court should not exercise jurisdiction because it is not the appropriate Court to hear the action.

(5) An affidavit filed under paragraph (3) is not treated as a submission to jurisdiction.

(6) Except in a special case, no further affidavits may be filed after the defendant files the defendant’s affidavit on the merits.

Contents of affidavit (O. 6, r. 13)

13. An affidavit filed in an originating application must contain all the evidence that is necessary or material to the claim or to the defence.

Counterclaim (O. 6, r. 14)

14. If a defendant intends to make a counterclaim in the originating application against the claimant, the defendant must include it in the defendant’s affidavit together with all the evidence that is necessary for the counterclaim.

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