Rules of Court 2021

Status:

Published in Subsidiary Legislation Supplement
on 01 Dec 2021

ORDER 8

SERVICE OUT OF SINGAPORE

Service out of Singapore with Court’s approval (O. 8, r. 1)

1.—(1) An originating process or other court document may be served out of Singapore with the Court’s approval if it can be shown that the Court has the jurisdiction or is the appropriate court to hear the action.

(2) To obtain the Court’s approval, the claimant must apply to the Court by summons without notice and supported by affidavit which must state —

(a)	why the Court has the jurisdiction or is the appropriate court to hear the action;
(b)	in which country or place the defendant is, or probably may be found; and
(c)	whether the validity of the originating process needs to be extended.

(3) The Court’s approval is not required if service out of Singapore is allowed under a contract between the parties.

(4) The Court’s approval is not required for service of court documents other than the originating process if the Court’s approval has been granted for service of the originating process out of Singapore.

Methods of service out of Singapore (O. 8, r. 2)

2.—(1) Where the Court’s approval has been obtained under Rule 1(2), service of the originating process or other court documents may be effected out of Singapore in the following manner:

(a)	according to the manner contractually agreed between the parties;
(b)	where there is a Civil Procedure Convention governing service in the foreign country, according to the manner provided in that convention;
(c)	through the government of the foreign country if that government is willing to effect service;
(d)	through the judicial authority of the foreign country if that authority is willing to effect service;
(e)	through a Singapore consular authority in that foreign country;
(f)	according to the manner provided by the law of that foreign country.

(2) Unless any Civil Procedure Convention, treaty, government or judicial authority of a foreign country requires that the originating process or other court documents be sent from the Government or judicial authority of Singapore, they may be sent to the entities in paragraph (1)(c), (d) and (e) by the serving party who must engage a solicitor for this purpose.

(3) Where the originating process or other court documents have to be sent from the Government of Singapore, the solicitor for the serving party must send them to the Registrar with a letter requesting the Registrar to forward them to the Ministry of Foreign Affairs stating the method of service in the foreign country.

(4) Every originating process or court document which is to be served outside Singapore must be accompanied by a translation in the official language of the foreign country, and if there is more than one official language, in any of those languages which is appropriate for the party to be served, except where the official language or one of the official languages is English.

(5) The translation must be certified by a person qualified to do so and the certificate must contain the translator’s full name, his or her address and his or her qualifications.

(6) Nothing is to be done under this Rule that is contrary to the laws of the foreign country.

Service of originating process on person in Malaysia or Brunei Darussalam (O. 8, r. 3)

3. Where the defendant is in Malaysia or Brunei Darussalam, the originating process —

(a)

may be served in accordance with Rule 2; or

(b)

may be sent by post or otherwise by the Registrar to the Magistrate, Registrar or other appropriate officer of any court exercising civil jurisdiction in the area in which the person to be served is said to be or to be carrying on business for service on the defendant, and if it is returned with an endorsement of service and with an affidavit of such service, it is deemed to have been duly served.

Service of originating process issued in State Courts on person in any jurisdiction other than Malaysia or Brunei Darussalam (O. 8, r. 4)

4.—(1) An originating process issued in the State Courts which is to be served out of Singapore in any jurisdiction (other than Malaysia or Brunei Darussalam) —

(a)	must be sent by the Registrar of the State Courts to the Registrar of the Supreme Court; and
(b)	must be served in accordance with these Rules relating to the service out of Singapore of an originating process issued in the Supreme Court.

(2) Every certificate of service received by the Registrar of the Supreme Court in respect of such service must be transmitted by the Registrar of the Supreme Court to the Registrar of the State Courts.

Service of originating process on High Contracting Party to Warsaw Convention (O. 8, r. 5)

5.—(1) Upon obtaining the Court’s approval under Rule 1(2), a person who wishes to serve an originating process on a High Contracting Party to the Warsaw Convention to enforce a claim in respect of carriage undertaken by that Party, must file in the Registry —

(a)	a request for the Ministry of Foreign Affairs to arrange service;
(b)	a sealed copy of the originating process; and
(c)	a translation of the originating process in the official language of the High Contracting Party or, if there is more than one official language, in any of those languages which is appropriate for the High Contracting Party to be served, except where the official language or one of the official languages is English.

(2) Every translation filed under paragraph (1)(c) must be certified by a person qualified to do so and the certificate must contain the translator’s full name, his or her address and his or her qualifications.

(3) The serving party must engage a solicitor for the purposes of filing the necessary documents under paragraph (1).

(4) The Registrar must send the documents filed under paragraph (1) to the Ministry of Foreign Affairs for the originating process to be served on the High Contracting Party or the government in question.

Service of process on foreign State (O. 8, r. 6)

6.—(1) Upon obtaining the Court’s approval under Rule 1(2), a person who wishes to serve an originating process on a State, as defined in section 16 of the State Immunity Act, must file in the Registry —

(a)	a request for the Ministry of Foreign Affairs to arrange service;
(b)	a sealed copy of the originating process; and
(c)	a translation of the originating process in the official language of the State or, if there is more than one official language, in any of those languages which is appropriate for the State to be served, except where the official language or one of the official languages is English.

(3) The serving party must engage a solicitor for the purposes of filing the necessary documents under paragraph (1).

(4) The Registrar must send the documents filed under paragraph (1) to the Ministry of Foreign Affairs for the originating process to be served on the State or the government in question.

(5) Where section 14(6) of the State Immunity Act applies and the State has agreed to a method of service other than that provided by this Rule, the originating process may be served either by the method agreed or in accordance with this Rule.

Undertaking to pay expenses of service (O. 8, r. 7)

7.—(1) The solicitor for the serving party must give an undertaking in writing to the Ministry of Foreign Affairs, the Registrar and the serving authority or person in the foreign country to pay all expenses incurred in effecting the service requested.

(2) Upon request to pay the expenses whether before or after the service, the solicitor for the serving party must do so within 14 days.

Certificate of service (O. 8, r. 8)

8. An official certificate or letter by the agency or person who effected service in the foreign country stating that service has been effected on the party to be served in accordance with the law of the foreign country and the date of the service is evidence of those facts.

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