Rules of Court - Singapore Statutes Online

Supreme Court of Judicature Act

(Chapter 322)

Rules of Court

R 5

G.N. No. S 71/1996

REVISED EDITION 2006

(1st April 2006)

[1st April 2006]

ORDER 1

CITATION, APPLICATION, DEFINITIONS AND FORMS

Citation (O. 1, r. 1)

1. These Rules may be cited as the Rules of Court.

Repeal, Transitional Provisions and Application (O. 1, r. 2)

2.—(1) Subject to this Rule, these Rules shall have effect in relation to all proceedings in the Supreme Court and Subordinate Courts, in so far as the matters to which these Rules relate are within the jurisdiction of those Courts and, unless the Court otherwise orders, apply to any pending proceedings therein.

[S 637/2006 wef 01/01/2007]

(2) These Rules shall not apply to proceedings of the kind specified in the first column of the following Table (being proceedings in respect of which rules may be made under the written law specified in the second column of that Table), except for the provisions specified in the third column of that Table:

Proceedings

Written Law Applicable

Provisions

1. Bankruptcy proceedings.

Bankruptcy Act (Chapter 20), s.166.

Order 63A and items 71D to 71I and 75 of Appendix B.

2. O. 1, r. 2 Proceedings relating to the winding up of companies.

Companies Act (Chapter 50), s.410.

(a) Order 63A and items 71D to 71I and 75 of Appendix B; and (b) Order 88, Rule 2(5).

3. Proceedings under Part IV of the Parliamentary Elections Act (Chapter 218).

Parliamentary Elections Act, s.100.

Order 63A and items 71D to 71I and 75 of Appendix B.

4. Proceedings under Part I of the Mental Disorders and Treatment Act (Chapter 178).

Mental Disorders and Treatment Act, s.62.

Order 63A and items 71D to 71I and 75 of Appendix B.

5. Proceedings under Part X of the Women’s Charter (Chapter 353) (except appeals to the Court of Appeal).

Women’s Charter, s.139.

Order 63A and items 70B, 71, 71D to 71I and 79 of Appendix B.

6. Criminal Proceedings.

Criminal Procedure Code (Chapter 68).

7. Proceedings relating to the winding up of limited liability partnerships.

Limited Liability Partnerships Act 2005 (Act 5 of 2005), s.57.

(a) Order 63A and items 71D to 71I and 75 of Appendix B; and

(b) Order 96, Rule 3(2).

(3) In the case of the proceedings mentioned in paragraph (2), nothing in that paragraph shall be taken as affecting any provision of any rules (whether made under the Act or any other written law) by virtue of which these Rules or any provisions thereof are applied in relation to any of those proceedings.

[S 637/2006 wef 01/01/2007]

Application of Interpretation Act (O. 1, r. 3)

3. The Interpretation Act (Chapter 1) shall apply for the interpretation of these Rules as it applies for the interpretation of an Act of Parliament.

Definitions (O. 1, r. 4)

4.—(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely:

“attend” includes the appearance by any person using electronic, mechanical or other means permitted by the Court;

“bailiff” includes the registrar, any clerk or other officer of the Court charged with the duties of a bailiff in the Subordinate Courts;

“Civil Procedure Convention” means the conventions set out in Appendix C to these Rules and includes any convention, treaty or agreement of any description or any provision thereof between different States relating to civil procedure in the court;

“folio” means 100 words, each figure being counted as one word;

“Form” means a form set out in Appendix A to these Rules, and a form so numbered in the Appendix;

“Judge” means a judge of the High Court or District Judge and includes, in cases where he is empowered to act, a Magistrate or the Registrar, as the case may require;

“officer” means an officer of the Supreme Court or Subordinate Courts;

“originating process” means a writ of summons or an originating summons;

“originating summons” means every summons for the commencement of proceedings other than a writ of summons;

“pleading” does not include an originating summons, a summons or a preliminary act;

“receiver” includes a manager or consignee;

“Registry” means the Registry of the Supreme Court or the Registry of the Subordinate Courts, as the case may be, and references to the Registrar shall be construed accordingly;

“scheduled territories” has the meaning assigned to it by the Exchange Control Act (Chapter 99);

“Sheriff” includes a bailiff of the Subordinate Courts;

“sign”, in relation to the signing of documents by the Registrar, includes the affixing of a facsimile signature;

“solicitor” has the same meaning as in the Legal Profession Act (Chapter 161);

“summons” means every summons in a pending cause or matter;

“working day” means any day other than a Saturday, Sunday or a public holiday;

“writ” means a writ of summons.

(2) In these Rules, unless the context otherwise requires, “Court” means the High Court or any one or more Judges thereof or a District Court or District Judge, whether sitting in Court or in Chambers, and includes, in cases where he is empowered to act, a Magistrate or the Registrar; but the foregoing provision shall not be taken as affecting any provision of these Rules and, in particular, Order 32, Rule 9, by virtue of which the authority and jurisdiction of the Registrar is defined and regulated.

(3) For the purposes of these Rules, a person who has attained the age of 18 years but who is below the age of 21 years, and who is not otherwise under any legal disability, shall not be considered to be a minor or a person under disability in relation to any legal proceeding or action which, by virtue of section 36 of the Civil Law Act (Cap. 43), he may, in his own name and without a litigation representative3, bring, defend, conduct or intervene in as if he were of full age.

[S 49/2009 wef 01/03/2009]

Construction of references to Orders, Rules, etc. (O. 1, r. 5)

5.—(1) Unless the context otherwise requires, any reference in these Rules to a specified Order, Rule or Appendix is a reference to that Order or Rule of, or that Appendix to these Rules and any reference to a specified Rule, paragraph or sub-paragraph is a reference to that Rule of the Order, that paragraph of the Rule, or that sub-paragraph of the paragraph, in which the reference occurs.

(2) Any reference in these Rules to anything done under a Rule of these Rules includes a reference to the same thing done before the commencement of that Rule under any corresponding Rule of Court ceasing to have effect on the commencement of that Rule.

(3) Except where the context otherwise requires, references in these Rules to any written law shall be construed as a reference to that written law as amended, extended or applied by or under any other written law.

Construction of references to action, etc., for possession of immovable property (O. 1, r. 6)

6. Except where the context otherwise requires, references in these Rules to an action or claim for the possession of immovable property shall be construed as including references to proceedings against the Government for an order declaring that the plaintiff is entitled as against the Government to the immovable property or to the possession thereof.

Forms (O. 1, r. 7)

7. The Forms in Appendix A to these Rules shall be used where applicable with such variations as the circumstances of the particular case require.

Endnotes (O. 1, r. 8)

8. Where any expression in these Rules is marked with an endnote number (for example — “attestation⁶”), the endnote bearing the corresponding number in Appendix D shall apply in relation to that expression.

THE SCHEDULE

Deleted by S 637/2006, wef 01/01/2007.

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