PART 5 | Proceedings under women’s charter |
| Division 1 — Application and definitions |
37.—(1) Subject to this Part, Parts 1, 2, 3, 4 and 18 and Division 2 of Part 19 of these Rules apply, with the necessary modifications, to proceedings under Part X of the Women’s Charter (Cap. 353) to which Division 2 of Part 5 of these Rules relates.(2) Subject to this Part, the following provisions of these Rules apply, with the necessary modifications, to proceedings under Parts VII and VIII of the Women’s Charter to which Divisions 3, 4, 5 and 6 of Part 5 of these Rules relate:| (a) | Parts 1, 2, 3 and 4; | | (b) | Divisions 35, 35A, 38, 50, 57, 58, 59, 64, 65, 68A and 69A of Part 18; [S 375/2017 wef 10/07/2017] [S 544/2017 wef 01/10/2017] [S 322/2022 wef 25/04/2022] | | (ba) | where the proceedings are commenced on or after 25 April 2022 — Division 33A of Part 18; [S 322/2022 wef 25/04/2022] | | (c) | Division 2 of Part 19. [S 375/2017 wef 10/07/2017] |
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| (3) Despite paragraph (1), rules 300 and 348 and Divisions 7, 8, 13, 15, 18, 19, 20, 21 and 22 of Part 18 of these Rules shall not apply to any proceedings under Part X of the Women’s Charter to which Division 2 of Part 5 of these Rules relates, unless otherwise stated. |
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38.—(1) In this Part, unless the context otherwise requires —| “Act” means the Women’s Charter (Cap. 353), and any reference to a section is to be construed as a reference to a section in the Act; |
| “additional CPF information” means any information that a person is required by the Registrar to obtain from the Central Provident Fund Board which is additional to that contained in a relevant CPF statement; |
| “Affidavit of Assets and Means” means an affidavit of such description referred to in rule 89; |
| “agreed matrimonial property plan” means a plan, signed by both parties to a marriage, setting out the parties’ agreement as to the way in which an HDB matrimonial asset is to be divided; |
“arrangements for the welfare of every dependent child” includes arrangements in relation to —| (a) | the custody, care and control of, and access to, the child; | | (b) | financial provision for the child; | | (c) | the education of the child; and | | (d) | any other parental responsibility for the child; |
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| “Central Provident Fund” means the Central Provident Fund established under section 6 of the Central Provident Fund Act (Cap. 36); |
| “Central Provident Fund Board” means the Central Provident Fund Board established under the Central Provident Fund Act; |
| “child of the marriage” has the same meaning as in section 92; |
“dependent child of the marriage” means a child of the marriage who is —| (a) | below 21 years old; or | | (b) | at least 21 years old but who —| (i) | suffers from any mental or physical disability; | | (ii) | is or will be serving full‑time national service; or | | (iii) | is or will be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; |
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| “enforcement proceedings” means any proceedings to enforce a maintenance order under section 71; |
| “excluded party” has the same meaning as in section 94A(14); [S 610/2016 wef 01/12/2016] |
| “family violence trial” means a trial in relation to a protection order under section 65; |
| “HDB flat” means any residential flat or other residential property sold under Part IV of the Housing and Development Act (Cap. 129) which has been acquired by the present owner of the HDB flat whether directly from the Housing and Development Board or otherwise; |
“HDB matrimonial asset” means a matrimonial asset as defined in section 112 which consists of —| (a) | an HDB flat; or | | (b) | any right or interest arising under an agreement to purchase an HDB flat; |
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| [Deleted by S 778/2019 wef 29/11/2019] |
| “Housing and Development Board” means the Housing and Development Board established under the Housing and Development Act; |
| “judgment of judicial separation” has the same meaning as in section 92; |
| “maintenance proceedings” means any proceedings under section 69, 71 or 72; |
| “marriage” includes a void marriage and, for the purpose of rule 45, includes a marriage which has been dissolved; |
| “parenting programme” has the same meaning as in section 94A(14); [S 610/2016 wef 01/12/2016] |
| “person named” includes a person described solely by the use of initials; |
| “prescribed party” has the same meaning as in section 94A(14); [S 610/2016 wef 01/12/2016] |
| “proposed matrimonial property plan” means a plan setting out the proposal of a party to a marriage as to the way in which an HDB matrimonial asset is to be divided; |
“relevant CPF statement” means a statement issued by the Central Provident Fund Board containing such information as the Registrar may require relating to —| (a) | any account maintained by the Central Provident Fund Board for any person who is a member of the Central Provident Fund; and | | (b) | the amount withdrawn from any such account (including any accrued interest) for the purchase of any immovable property or in connection with withdrawals of any moneys from the Central Provident Fund; |
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| “variation proceedings” means any proceedings for the variation of maintenance under section 72, 118, 119 or 127; |
| “writ” has the same meaning as in section 92. |
| (2) Expressions used in this Part which are used in the Act have the same meanings in this Part as in the Act. |
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| Division 2 — Proceedings under Part X of Act |
| Application for leave to file writ |
39.—(1) An application under section 94 for leave to file a writ for divorce before 3 years have passed since the date of the marriage must be made by originating summons in Form 1.(2) The applicant must file the originating summons together with a supporting affidavit exhibiting a copy each of the proposed statement of claim and the proposed statement of particulars stating —| (a) | the grounds of the application; | | (b) | particulars of the hardship or depravity alleged; | | (c) | whether there has been any previous application for leave; | | (d) | whether any, and if so what, attempts at reconciliation have been made; | | (e) | particulars of any circumstances which may assist the Court in determining whether there is a reasonable probability of reconciliation between the parties; and | | (f) | the date of birth of each of the parties or that the party has attained 21 years of age, as the case may be. |
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| (3) The originating summons must be fixed for a case conference before a Registrar or for a hearing before a Judge in Chambers. |
| (4) Unless the Court otherwise directs, the originating summons, the supporting affidavit and a copy of the notice of proceedings in Form 2 must be served on the defendant at least 5 clear days before the date of the case conference or hearing. |
| (5) The defendant may be heard without filing a memorandum of appearance. |
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| Application under section 94A(4)(a) |
39A.—(1) A prescribed party’s application under section 94A(4)(a) to be allowed to file a writ for divorce must be made by originating summons in Form 47.(2) The applicant must file the originating summons together with a supporting affidavit —| (a) | stating the particulars of the parties to the proceedings; | | (b) | stating the applicant’s reasons for not completing a parenting programme; and | | (c) | exhibiting a copy of each document relied on in support of the application. |
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| (3) The originating summons must be fixed for a case conference before a Registrar or for a hearing before a Judge in Chambers. |
| (4) Unless the Court otherwise directs, the originating summons and the supporting affidavit must be served on the respondent at least 5 clear days before the date of the case conference or hearing. |
| (5) The respondent may be heard without filing a memorandum of appearance. |
| (6) The Court may allow the applicant to file a writ for divorce on such terms as the Court thinks fit. [S 610/2016 wef 01/12/2016] |
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| Application under section 94A(4)(b) |
39B.—(1) A prescribed party’s application under section 94A(4)(b) to be allowed to file a counterclaim in proceedings for divorce must be made by summons in Form 4.(2) The applicant must file the summons together with a supporting affidavit —| (a) | stating whether the applicant was informed, or was aware, of a parenting programme; | | (b) | stating the applicant’s reasons for not completing a parenting programme; | | (c) | exhibiting a copy of each document relied on in support of the application; and | | (d) | if the application is made more than 2 months after the writ was served on the applicant, stating the applicant’s reasons for not making the application within those 2 months. |
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| (3) The summons must be fixed for a case conference before a Registrar or for a hearing before a Judge in Chambers. |
| (4) Unless the Court otherwise directs, the summons and the supporting affidavit must be served on the plaintiff in the proceedings for divorce at least 5 clear days before the date of the case conference or hearing. |
| (5) The Court may allow the applicant to file a counterclaim on such terms as the Court thinks fit. [S 610/2016 wef 01/12/2016] |
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| Application for leave under section 121D |
| 40.—(1) An application under section 121D for leave to file an application for financial relief under section 121B must be made by ex parte originating summons. [S 778/2019 wef 29/11/2019] (2) The applicant must file the ex parte originating summons together with a supporting affidavit stating the following:| (a) | the particulars of the parties to the proceedings; | | (b) | the particulars relating to the dissolution or annulment of the applicant’s marriage or the parties’ legal separation in the foreign country and evidence that the divorce, annulment or legal separation is recognised as valid under Singapore law; | | (c) | the particulars of any orders for financial relief made in a foreign country; | | (d) | the ground on which the applicant is relying to give the Court jurisdiction to hear the application; | | (e) | whether there has been any previous application for leave; | | (f) | the financial relief sought in the application made under section 121B. [S 778/2019 wef 29/11/2019] |
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(3) The application under paragraph (1) must exhibit —| (a) | a draft copy of the application to be filed under section 121B; | | (b) | a copy of the foreign decree of divorce, annulment of marriage or judicial separation; | | (c) | any relevant decision or order on financial relief including an order made by the foreign court requiring any party to the marriage to make payment to the other party or transfer any matrimonial asset to either one of the parties or to a child of the marriage; and | | (d) | any relevant agreement made between the parties relating to financial relief. |
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| (4) The ex parte originating summons may be fixed for a case conference before a Registrar or for a hearing before a Judge in Chambers. [S 778/2019 wef 29/11/2019] |
| (5) [Deleted by S 778/2019 wef 29/11/2019] |
| (6) [Deleted by S 778/2019 wef 29/11/2019] |
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| Commencement of proceedings, etc. |
41.—(1) Every proceeding for divorce, presumption of death and divorce, judicial separation, nullity of marriage, or rescission of a judgment of judicial separation must be commenced by filing a writ in Form 3.| (2) Unless the Act or the rules in this Division otherwise provide, every application under Part X of the Act or the rules in this Division must be made either by originating summons or, in a pending action or matter, by summons in Form 4. |
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| Filing of affidavits in originating summons or summons |
42.—(1) Unless the Court otherwise directs, a plaintiff or an applicant who intends to adduce evidence in support of an originating summons or a summons in Form 4 must do so by affidavit. (2) The plaintiff or applicant must —| (a) | file the affidavit at the time of filing the originating summons or summons, as the case may be; and | | (b) | serve a copy of the originating summons or summons together with the supporting affidavit, on every defendant or respondent. |
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(3) The defendant or respondent who intends to adduce evidence with reference to the originating summons or summons served on him must file an affidavit‑in‑reply and serve a copy of it on the plaintiff or applicant not later than —| (a) | in the case of an originating summons, 21 days after being served a copy of the plaintiff’s or applicant’s affidavit under paragraph (2); and | | (b) | in the case of a summons, 14 days after being served a copy of the plaintiff’s or applicant’s affidavit under paragraph (2). |
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| (4) Where the defendant or respondent has served a copy of an affidavit‑in‑reply in respect of an originating summons filed by a plaintiff or applicant, the plaintiff or applicant may not file a further affidavit without the leave of the Court. |
| (5) Unless the Court otherwise directs, where the defendant or respondent has served a copy of an affidavit‑in‑reply in respect of a summons filed by a plaintiff or applicant, the plaintiff or applicant may file a further affidavit and serve a copy of the affidavit on the defendant or respondent within 14 days after being served with the affidavit‑in‑reply. |
| (6) This rule shall not apply to any Affidavit of Assets and Means or reply affidavit filed under rule 89. |
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| Duration and renewal of writ, etc. |
43.—(1) For the purposes of service, a writ is valid in the first instance for 12 months beginning with the date of its issue.| (2) Subject to paragraph (3), where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding 6 months at any one time, beginning with the day on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any), as the Court may allow. |
| (3) Where the Court is satisfied on an application under paragraph (2) that, despite the making of reasonable efforts, it may not be possible to serve a writ within 6 months, the Court may, if it thinks fit, extend the validity of the writ for such period, not exceeding 12 months at any one time, as the Court may specify. |
(4) Before a writ, the validity of which has been extended under paragraph (2) or (3), is served, the first page of the writ must be marked with a notice of renewal in Form 5 showing —| (a) | the date of the order extending the validity of the writ; and | | (b) | the period from which the validity of the writ has been so extended. |
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| (5) The plaintiff must file a copy of the writ marked in accordance with paragraph (4) within 14 days after the date of the order extending the validity of the writ. |
| (6) The order extending the validity of the writ need not be drawn up, unless the Court otherwise directs. |
| (7) This rule applies in relation to an originating summons filed under Part X of the Act as it applies in relation to a writ filed under that Part. |
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44.—(1) The plaintiff must file, together with a writ —| (a) | a statement of claim in Form 6 or 7, as appropriate; | | (b) | a statement of particulars in Form 8; [S 610/2016 wef 01/12/2016] | | (c) | where applicable, a notice of proceedings in Form 9; and [S 610/2016 wef 01/12/2016] | | (d) | where the writ is a writ for divorce, and the plaintiff is a prescribed party, one of the following documents:| (i) | a certificate (issued by a person appointed under section 94A(9)(b) to conduct a parenting programme) stating that the plaintiff has completed a parenting programme; | | (ii) | a note (issued by a Director of the Ministry of Social and Family Development) stating that the plaintiff is an excluded party; | | (iii) | an order of Court allowing, under section 94A(4), the plaintiff to file the writ. [S 610/2016 wef 01/12/2016] |
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(2) The statement of particulars must set out in full the following matters:| (a) | the particulars of the facts pleaded in the statement of claim but not the evidence by which those facts are to be proved; | | (b) | that the plaintiff is aware of, or has been informed by his solicitor about, the options of family mediation or counselling, before filing the writ. |
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(3) Without prejudice to paragraph (2), where a statement of claim is based on section 95(3)(d) or (e), the statement of particulars must set out in full the following matters relating to the separation of the parties:| (a) | the date on which the parties commenced their separation; | | (b) | the duration of the separation; | | (c) | if the parties lived apart at different residential addresses during the period of separation, their respective residential addresses (if known); | | (d) | if the parties lived in separate households at the same residential address during the period of separation, the description of how the parties lived in separate households. |
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| (4) The statement of particulars must be signed by the plaintiff’s solicitor or by the plaintiff if he is acting in person. |
| (5) The statement of particulars must form part of the statement of claim and, unless the context otherwise requires, the provisions of this Division which relate to a statement of claim apply, with the necessary modifications, to the statement of particulars. |
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45.—(1) Where a writ for divorce, presumption of death and divorce, judicial separation or nullity of marriage discloses that there is any dependent child of the marriage, the plaintiff must file, together with the writ —| (a) | an agreed parenting plan in Form 10; or | | (b) | a proposed parenting plan in Form 11. |
| (2) The parties to a marriage must try to agree on the arrangements for the welfare of every dependent child of the marriage and file an agreed parenting plan. |
| (3) If the parties are unable to agree on the arrangements for the welfare of any dependent child of the marriage, the parties may seek the advice and assistance of a person, whether or not a public officer, who is trained or has experience in matters relating to child welfare, so that the parties may resolve their disagreements harmoniously. |
| (4) In reaching an agreement on the arrangements for the welfare of any dependent child of the marriage, the parties to the marriage must regard the welfare of that child as the paramount consideration. |
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| Matrimonial property plan |
46.—(1) Where a writ for divorce, judicial separation or nullity of marriage discloses that there is an HDB matrimonial asset to be divided, the plaintiff must file, together with the writ —| (a) | an agreed matrimonial property plan in Form 12 and the particulars of arrangements for housing in Form 13; or | | (b) | a proposed matrimonial property plan in Form 14 and the particulars of arrangements for housing in Form 13. |
(2) Where, at any time after the filing of a writ for divorce, judicial separation or nullity of marriage, it is disclosed that there is an HDB matrimonial asset to be divided, the plaintiff must file the documents referred to in paragraph (1)(a) or (b) in Court —| (a) | within the time specified by the Court; or | | (b) | if no time is specified by the Court, before the Court makes any order under section 112. |
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(3) Before the filing of an agreed matrimonial property plan under paragraph (1) —| (a) | the plaintiff and defendant must each obtain their relevant CPF statement and additional CPF information within such time and in such manner as the Registrar may specify; and | | (b) | the plaintiff must, unless the Court otherwise directs, serve the agreed matrimonial property plan on the Housing and Development Board, which must, within one month after the date of service, give the plaintiff its written reply as to whether it has any objection to the agreed matrimonial property plan or the agreement and, if it has any objection, the nature of the objection. |
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| (4) Before the filing of a proposed matrimonial property plan under paragraph (1), the plaintiff must obtain his relevant CPF statement and any additional CPF information, in the relevant Form and within the time specified by the Registrar. [S 778/2019 wef 29/11/2019] |
(5) Where the plaintiff does not obtain his relevant CPF statement or additional CPF information or the Housing and Development Board does not give its written reply within the time specified by the Registrar under paragraph (3) or (4), as the case may be, the plaintiff —| (a) | may file the writ without the agreed matrimonial property plan or proposed matrimonial property plan; but | | (b) | must file the plan within 7 days after the receipt of the written reply. |
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(6) The Court may, in an appropriate case, shorten the time within which —| (a) | the plaintiff or the defendant must obtain his relevant CPF statement or additional CPF information under paragraph (3) or (4); or | | (b) | the Housing and Development Board must give a written reply under paragraph (3). [S 778/2019 wef 29/11/2019] |
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| Co‑defendant and person named in statement of claim |
47.—(1) Subject to paragraph (2), where a statement of claim alleges that the defendant has committed adultery, the person with whom the adultery is alleged to have been committed must be made a co‑defendant in the action unless —| (a) | the person is not named in the statement of claim and, if the adultery is relied on for the purpose of section 95(3)(a), the statement of claim contains a statement that the person’s identity is not known to the plaintiff; or | | (b) | the Court otherwise directs. |
| (2) Despite paragraph (1), where a statement of claim alleges that the defendant has been guilty of rape of a person named, that person must not be made a co‑defendant in the action unless the Court so directs. |
(3) Unless the Court otherwise directs, where a statement of claim alleges that the defendant has committed adultery, and the person with whom the adultery is alleged to have been committed is not made a co‑defendant under paragraph (1)(b), a copy of the writ must be served on that person, together with —| (a) | the statement of claim; | | (b) | the statement of particulars; | | (c) | a notice of proceedings in Form 9; | | (d) | a copy of an acknowledgment of service in Form 15; and | | (e) | a copy of a memorandum of appearance in Form 16. |
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(4) Where a statement of claim alleges that the defendant has been guilty of an improper association (other than adultery) with a person named, the Court may direct that a copy of the writ be served on the person named, together with —| (a) | the statement of claim; | | (b) | the statement of particulars; | | (c) | a notice of proceedings in Form 9; | | (d) | a copy of an acknowledgment of service in Form 15; and | | (e) | a copy of a memorandum of appearance in Form 16. |
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(5) A person who has been served with a writ under paragraph (3) or (4) and who wishes to intervene in the proceedings must —| (a) | file a memorandum of appearance in Form 16; and | | (b) | join as a co‑defendant in the proceedings at the stage which those proceedings have reached at the time he files the memorandum of appearance, |
| and his name must appear thereafter in the title to the action as a co‑defendant in the proceedings. |
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| (6) An application for directions under paragraph (1)(b) may be made ex parte if the defendant has not filed a memorandum of appearance. |
| (7) Paragraphs (1), (3) and (4) shall not apply if the person named had died before the filing of the writ. |
| (8) Rules 48 to 51 apply to the service of a copy of a writ under paragraph (3) or (4) as they apply to the service of a copy of a writ on a co‑defendant. |
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48.—(1) Unless the Court otherwise directs, the plaintiff must serve the following personally or by registered post on the defendant:| (a) | a copy of the writ, together with —| (i) | a statement of claim in Form 6 or 7, as appropriate; | | (ii) | a statement of particulars in Form 8; | | (iii) | a copy of an acknowledgment of service in Form 17; [S 610/2016 wef 01/12/2016] | | (iv) | a copy of a memorandum of appearance in Form 18; and [S 610/2016 wef 01/12/2016] | | (v) | where the writ is a writ for divorce, and the plaintiff is a prescribed party, one of the following documents:| (A) | a certificate (issued by a person appointed under section 94A(9)(b) to conduct a parenting programme) stating that the plaintiff has completed a parenting programme; | | (B) | a note (issued by a Director of the Ministry of Social and Family Development) stating that the plaintiff is an excluded party; | | (C) | an order of Court allowing, under section 94A(4), the plaintiff to file the writ; [S 610/2016 wef 01/12/2016] |
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| | (b) | a copy of any parenting plan filed under rule 45; | | (c) | a copy of any matrimonial property plan filed under rule 46; | | (d) | a copy of each originating summons. |
(2) Unless the Court otherwise directs, the plaintiff must serve a copy of the writ together with the following documents personally or by registered post on each co‑defendant named in the writ:| (a) | a statement of claim in Form 6 or 7, as appropriate; | | (b) | a statement of particulars in Form 8; | | (c) | a notice of proceedings in Form 9; | | (d) | a copy of an acknowledgment of service in Form 15; | | (e) | a copy of a memorandum of appearance in Form 16. |
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| (3) Where an originating summons is served by registered post, a copy of an acknowledgment of service in Form 17 must be served together with the originating summons. |
(4) Where the solicitor for a defendant or co‑defendant endorses on a document served under paragraph (1) or (2) a statement that he accepts service of the document on the defendant’s or co‑defendant’s behalf, the document shall be deemed —| (a) | to have been duly served on the defendant or co‑defendant; and | | (b) | to have been so served on the date on which the endorsement was made. |
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(5) For the purposes of paragraphs (1), (2) and (3), a document shall be deemed to have been duly served on a party by registered post if —| (a) | the document is sent by pre‑paid registered post to the party; and | | (b) | the party signs and returns an acknowledgment of service in Form 17 or Form 15 to the plaintiff’s solicitor, or to the plaintiff if he is acting in person, at the address of service. |
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| (6) Where the party to be served is the defendant or co‑defendant, his signature on the acknowledgment of service must be proved at the trial or hearing. |
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| Service out of jurisdiction |
49.—(1) Any writ, originating summons, summons or other document in proceedings under Part X of the Act which is filed with a writ or an originating summons may be served personally or by registered post out of the jurisdiction without leave.| (2) The procedure for service out of the jurisdiction must conform as nearly as possible to the procedure in a like case under Division 5 of Part 18. |
(3) For the purposes of paragraph (1), a document shall be deemed to have been duly served on a party by registered post if —| (a) | the document is sent by pre‑paid registered post to the party; and | | (b) | the party signs and returns an acknowledgment of service in Form 17 or Form 15 to the plaintiff’s solicitor, or to the plaintiff if he is acting in person, at the address of service. |
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| (4) Unless the Court otherwise directs, where a writ is to be served out of the jurisdiction, the time limited for appearance to be endorsed on the writ or entered in any notice accompanying the writ shall be 21 days after service of the writ. |
| (5) Where an originating summons is to be served out of the jurisdiction, the return date for the originating summons must be fixed having regard to the time which would be limited for appearance under paragraph (4) if the originating summons had been a writ. |
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50.—(1) Where an application for leave is made to substitute for any mode of service specified in rule 48 or 49 with another mode of service, or with notice of the proceedings by advertisement, the application must be made ex parte by summons supported by an affidavit setting out the grounds of the application.| (2) Where leave is given to substitute any mode of service specified in rule 48 or 49 with notice of the proceedings by advertisement under paragraph (1), the form of the advertisement must be in accordance with Form 19. |
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51. Unless the Court otherwise directs, and except where service has been dispensed with under rule 53, a writ must not proceed to trial or hearing unless the defendant, every co‑defendant and every person named in the statement of claim who is required under rule 47(3), or whom the Court has directed under rule 47(4), to be served with the writ —| (a) | has entered an appearance; or | | (b) | where the defendant, co‑defendant or person named, as the case may be, has not entered an appearance —| (i) | is shown by affidavit in Form 20 (which must be filed) to have been served with the writ in accordance with rule 48, 49 or 50, as the case may be; or | | (ii) | has returned to the plaintiff’s solicitor, or to the plaintiff if he is acting in person, an acknowledgment of service in Form 17 or Form 15, which must be filed in Court. |
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| Service of summons or other documents |
52.—(1) Subject to rules 48, 49, 51, 53 and 91(2) and unless the Court otherwise directs, a summons or other document (not being a writ or an originating summons) shall be served by ordinary service in accordance with rule 902.| (2) Unless otherwise provided, a summons must be served within 3 days after the filing of the summons. |
(3) A copy of every affidavit pursuant to an order for interrogatories or discovery, must be delivered to the other party if —| (a) | he is the plaintiff; or | | (b) | he has filed a memorandum of appearance within 2 working days after the affidavit has been filed. |
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| Dispensation with service |
53.—(1) The Court may, in an appropriate case, dispense with the service of any writ, originating summons, summons or other document (including subsequent or related documents filed in the proceedings) on any person.| (2) When an order is made under paragraph (1) that the service of a document be dispensed with, that document shall for the purposes of this Division be deemed to have been duly served. |
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| Filing a memorandum of appearance |
54.—(1) A defendant, co‑defendant or person named in a statement of claim who has been served with a writ may file a memorandum of appearance in the proceedings and defend it by a solicitor or in person.(2) The defendant, co‑defendant or person named in a statement of claim must file a memorandum of appearance containing an address for service within jurisdiction in —| (a) | Form 18, in the case of a defendant; or | | (b) | Form 16, in the case of a co‑defendant or person named in a statement of claim. |
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(3) If a solicitor is acting on behalf of a defendant, co‑defendant or person named in a statement of claim, the solicitor must file a memorandum of appearance containing an address for service which must be the address at which the solicitor carries on business in —| (a) | Form 18, where the solicitor is acting for a defendant; or | | (b) | Form 16, where the solicitor is acting for a co‑defendant or person named in a statement of claim. |
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(4) A memorandum of appearance must, unless the Court gives leave to the contrary, be filed —| (a) | in the case of a writ served within jurisdiction, within 8 days after service of the writ or, where that time has been extended, within the time so extended; and | | (b) | in the case of a writ served out of jurisdiction, within 21 days after service of the writ or, where that time has been extended, within the time so extended. |
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| (5) The Registrar must, on receipt of the memorandum of appearance, send to the plaintiff or his solicitor a copy of the memorandum sealed with the seal of the Court. |
| (6) A person who wishes to appear may not be heard in the proceedings unless he has filed a memorandum of appearance in accordance with this rule. |
| (7) Rules 324 and 325 apply, with the necessary modifications, to a person who wishes to appear under this rule. |
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| Consent to grant of judgment of divorce |
55.—(1) Where, before the hearing of an action for divorce alleging that the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and the defendant consents to a judgment being granted, the defendant wishes to notify the Court that he consents to the grant of a judgment, he must do so by filing his written consent in Court in the relevant Form.(2) For the purposes of paragraph (1), a memorandum of appearance containing a statement that the defendant consents to the grant of a judgment is to be treated as such a consent if the acknowledgment is signed —| (a) | in the case of a defendant acting in person, by the defendant; and | | (b) | in the case of a defendant represented by a solicitor, by the defendant and the solicitor. |
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(3) A defendant to an action for divorce alleging the fact mentioned in paragraph (1) may give notice to the Court —| (a) | that he does not consent to a judgment being granted; or | | (b) | that he withdraws any consent which he has already given. |
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| (4) Where a notice under paragraph (3) is given in connection with an action for divorce in which none of the other facts mentioned in section 95(3) is alleged, the Registrar may give directions on the further conduct of the proceedings. |
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56.—(1) A defendant who has filed a memorandum of appearance in Form 18 and who wishes to defend all or any of the allegations made in the statement of claim must, within 14 days after the expiration of the time limited for the filing of the memorandum of appearance, file a defence in Form 21.| (2) The defence must state that the defendant is aware of, or has been informed by the solicitor acting for him about, the options of family mediation or counselling before filing the defence. |
| (3) A co‑defendant or person named who has filed a memorandum of appearance in Form 16 and who wishes to defend all or any of the allegations made in the statement of claim must, within 14 days after the expiration of the time limited for the filing of a memorandum of appearance, file a defence in Form 21. |
(4) A defendant who has filed a memorandum of appearance in Form 18 and who wishes to apply for divorce, judicial separation or nullity of marriage, in addition to defending all or any of the allegations made in the statement of claim, must file, within the time specified in paragraph (1) —| (a) | a defence, together with a counterclaim, in Form 21; and | | (b) | where the defendant is a prescribed party and wishes to apply for divorce, one of the following documents:| (i) | a certificate (issued by a person appointed under section 94A(9)(b) to conduct a parenting programme) stating that the defendant has completed a parenting programme; | | (ii) | a note (issued by a Director of the Ministry of Social and Family Development) stating that the defendant is an excluded party; | | (iii) | an order of Court allowing, under section 94A(4), the defendant to file the counterclaim. [S 610/2016 wef 01/12/2016] |
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| (5) Rules 47, 48, 49, 51 and 53 apply, with the necessary modifications, to a counterclaim as they apply to a writ or statement of claim, except that where a counterclaim alleges that the plaintiff has committed adultery, the person with whom the adultery is alleged to have been committed must be named as a defendant in counterclaim and not as a co‑defendant. |
| (6) Rule 54 applies, with the necessary modifications, to the filing of a memorandum of appearance by a defendant in counterclaim or by a person named in a counterclaim who has been served with the counterclaim, as it applies to the filing of a memorandum of appearance by a co‑defendant or by a person named in a statement of claim who has been served with a writ, respectively. |
| (7) A defendant in a counterclaim, or a person named in a counterclaim, who has filed a memorandum of appearance in Form 16 and who wishes to defend all or any of the allegations made in the counterclaim must, within 14 days after the expiration of the time limited for the filing of the memorandum of appearance, file a defence to the counterclaim in Form 22. |
(8) Where the defence filed by a defendant alleges that the plaintiff has committed adultery or has been guilty of an improper association (other than adultery) with a person named —| (a) | rule 47 applies, with the necessary modifications, to that defence as it applies to a writ or statement of claim; | | (b) | rule 54 applies, with the necessary modifications, to the filing of a memorandum of appearance by the person named, as it applies to the filing of a memorandum of appearance by a person named in a statement of claim who has been served with a writ; and | | (c) | if the person named has filed a memorandum of appearance in Form 16 and wishes to defend all or any of the allegations made in that defence, the person named must, within 14 days after the expiration of the time limited for the filing of the memorandum of appearance, file a reply in Form 22. |
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(9) A defendant who has been served with a proposed parenting plan under rule 45 may, within 14 days after the expiration of the time limited for the filing of a memorandum of appearance in Form 18 and, if the Court so directs must, within the time specified by the Court, file —| (a) | the defendant’s agreement to the proposed parenting plan in Form 23; or | | (b) | a proposed parenting plan in Form 24 setting out the defendant’s proposed arrangements for the welfare of every dependent child of the marriage. |
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| (10) A defendant who has been served with a proposed matrimonial property plan under rule 46 must, within 14 days after the expiration of the time limited for the filing of a memorandum of appearance or such other time as may be specified by the Court, obtain his relevant CPF statement and additional CPF information. |
(11) A defendant must, within 14 days after having obtained his relevant CPF statement or additional CPF information under paragraph (10) —| (a) | send the defendant’s agreement to the proposed matrimonial property plan in Form 25 and the particulars of the HDB matrimonial asset in Form 13 to the solicitor for the plaintiff, or to the plaintiff if the plaintiff is acting in person; or | | (b) | file a proposed matrimonial property plan in Form 26 setting out the defendant’s proposed arrangements in respect of the HDB matrimonial asset and the particulars in Form 13. |
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| (12) A proposed parenting plan filed under paragraph (9)(b) and a proposed matrimonial property plan filed under paragraph (11)(b) must be served on the plaintiff within 2 working days after it is filed. |
| (13) The Court may, on such terms as it thinks just, grant leave to extend or shorten the period within which a person is required to file a pleading or document under this rule. |
(14) When the time limited for filing a memorandum of appearance by a defendant, co‑defendant, defendant in counterclaim or person named has expired, and the memorandum of appearance has not been filed, the time for filing each of the following documents, as applicable, shall be deemed to have expired notwithstanding that the period of 14 days has not elapsed:| (a) | a defence (with or without a counterclaim); | | (b) | a defence to a counterclaim; | | (c) | a reply. |
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| Reply and other pleadings |
57.—(1) The plaintiff may file a reply or a reply and defence to counterclaim within 14 days after the service of the defence or the defence and counterclaim, as the case may be.| (2) Where the plaintiff has filed a reply and defence to counterclaim, the defendant may file a reply to defence to counterclaim within 14 days after the service of the reply and defence to counterclaim. |
| (3) Where a defendant in counterclaim or a person named in counterclaim has filed a defence to counterclaim, the defendant may file a reply to defence to counterclaim within 14 days after the service of the defence to counterclaim. |
| (4) Except as provided in paragraphs (2) and (3), no pleading subsequent to a reply or a reply to defence to counterclaim shall be filed without the leave of the Court. |
| (5) The Court may, on such terms as it thinks just, grant leave to extend or shorten the period within which a person is required to file a pleading or document under this rule. |
| (6) All pleadings other than a statement of claim or a defence, with or without a counterclaim, must be in Form 22. |
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| Contents and delivery of defence and subsequent pleadings |
58.—(1) Where a defence, reply, defence to counterclaim or pleading subsequent to a reply contains more than a simple denial of the facts stated in the statement of claim, defence, counterclaim or reply, as the case may be, the pleading must set out with sufficient particularity the facts relied on but not the evidence by which they are to be proved.| (2) Every defence, with or without a counterclaim, or subsequent pleading must be signed by the solicitor for the party filing the same, or by that party if he is acting in person. |
| (3) A copy of every pleading (other than a pleading that is required to be served under rule 48 or 49) must, within 2 working days after it is filed, be served on the other parties or their solicitors. |
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59.—(1) Any party may by letter require any other party to furnish particulars of any allegation or other matter pleaded.| (2) If the other party who is required to furnish particulars fails to do so within a reasonable time, the party requiring the particulars may apply for an order that particulars be given. |
| (3) All particulars, whether given pursuant to an order or otherwise, must be filed within 24 hours of being furnished to the party requiring them. |
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| Amendment of writ, originating summons, pleadings, etc. |
60.—(1) A writ, statement of claim or statement of particulars may be amended —| (a) | without leave before service; or | | (b) | with leave after service. |
(2) An order made under paragraph (1) must, where a memorandum of appearance has been filed in the proceedings, fix the time within which —| (a) | the memorandum of appearance must be amended; or | | (b) | the defence or any subsequent pleadings must be filed, amended or served. |
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| (3) Unless the Court otherwise directs, a copy of the amended writ, amended statement of claim or amended statement of particulars, together with a copy of the order (if any) made under this rule, must be served upon the defendant and every co‑defendant or person named in the proceedings. |
(4) Where amendments are made to a writ, statement of claim or statement of particulars, and the effect of any such amendment is to add or substitute a new co‑defendant or any other person not named as a party in the original proceedings, a copy of the writ (incorporating the amendments, if any) must be served on the new co‑defendant or other person, as the case may be, together with —| (a) | the statement of claim (incorporating the amendments, if any); | | (b) | the statement of particulars (incorporating the amendments, if any); | | (c) | a notice of proceedings in Form 9; | | (d) | a copy of an acknowledgment of service in Form 15; and | | (e) | a copy of a memorandum of appearance in Form 16. |
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| (5) Rules 48, 49 and 51 apply, with the necessary modifications, to the service of a copy of the writ under paragraph (4) as they apply to the service of a copy of a writ on a co‑defendant. |
(6) Any originating summons, summons, pleading (other than a statement of claim) or document may be amended —| (a) | without leave before service; or | | (b) | with leave after service. |
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(7) An order made under paragraph (6) may contain directions —| (a) | as to the service of the amended originating summons, summons, pleading or document, as the case may be; and | | (b) | as to the making of consequential amendments to pleadings which have already been filed. |
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| (8) Despite this rule, if the parties have agreed that the divorce is to proceed on an uncontested basis, any pleading may, by written consent between the parties, be amended once at any time without the leave of the Court before the setting down of the action for hearing on an uncontested basis. |
| (9) The amended pleadings must be filed within 14 days after the date on which the written consent of the parties is obtained. |
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| Withdrawal and discontinuance |
61.—(1) A party who has filed a memorandum of appearance in any action under Part X of the Act may withdraw the appearance at any time with the leave of the Court.| (2) A party who has commenced an action under Part X of the Act by filing a writ or originating summons may, without the leave of the Court, discontinue the action by filing a Notice of Discontinuance in Form 27, so long as the writ or originating summons, as the case may be, has not been served on the defendant or any other party to the action as at the date on which the Notice is filed. |
| (3) If all the parties to an action consent, the action may be discontinued without the leave of the Court at any time before trial by filing a Notice of Discontinuance in Form 27 signed by all the parties. |
| (4) Except as provided by paragraphs (2) and (3), a party may not discontinue an action under Part X of the Act (including an action commenced by way of a counterclaim) without the leave of the Court. |
| (5) The Court hearing an application for the grant of leave under paragraph (4) may order the action to be discontinued on such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just. |
| (6) Subject to any terms imposed by the Court in granting leave under paragraph (4), the fact that a party has discontinued an action under paragraph (2), (3) or (4) shall not be a defence for any other party to a subsequent action by the party for the same, or substantially the same, cause of action. |
| (7) Where a party who has discontinued an action is liable to pay any other party’s costs of the action, if before payment of those costs he brings another action for the same, or substantially the same, cause of action, the Court may order that action to be stayed until those costs are paid. |
| (8) A party who has taken out a summons in an action or matter may not withdraw the summons without the leave of the Court. |
(9) An action begun by writ is deemed to have been discontinued against a defendant if —| (a) | an affidavit of service and acknowledgment of service referred to in rule 51 are not filed in respect of the service of the writ on that defendant before the expiry of 6 months after the validity of the writ for the purpose of service has expired; and | | (b) | within that time, that defendant has not filed a memorandum of appearance. |
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| (10) Paragraph (9) does not apply where the action has been stayed pursuant to an order of Court. |
| (11) Where an action has been discontinued under paragraph (9), the Court may, on application, reinstate the action and allow it to proceed on such terms as it thinks just. |
| (12) Nothing in this rule shall prejudice the Court’s power to strike out any action begun by writ due to the plaintiff’s failure to take any step in the proceedings directed by the Court. |
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| Discovery, inspection of documents and interrogatories |
62.—(1) Divisions 19, 21 and 22 of Part 18 apply, with the necessary modifications, to any defended proceedings commenced by writ or originating summons under Part X of the Act, except in relation to any claim for ancillary relief in those proceedings.| (2) Rules 63 to 77 apply to all matters involving ancillary or financial relief, as the case may be, in any proceedings commenced by writ or originating summons under Part X of the Act. |
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| Discovery in respect of ancillary relief |
63.—(1) Subject to paragraphs (7) and (9) and rule 73, the Court may, at any time, on the application of any party to an action or matter (called in this rule the applicant), make an order requiring any other party (called in this rule the respondent) to make an affidavit stating whether any document specified or described in the application, or any class of documents so specified or described —| (a) | is or has at any time been in the respondent’s possession, custody or power; and | | (b) | if not then in his possession, custody or power, when he parted with it and what has become of it. |
| (2) Upon making an order under paragraph (1), if a document or class of documents is stated by the respondent in his affidavit to be in his possession, custody or power, the Court may order the party to exhibit a copy or copies of the document or class of documents in the affidavit. |
(3) An application for an order under this rule must be in the relevant Form, and be supported by an affidavit stating the belief of the deponent —| (a) | that the party from whom discovery is sought under this rule has, or at some time had, in his possession, custody or power, the document or class of documents specified or described in the application; and | | (b) | that the document falls within one of the following descriptions:| (i) | a document on which the party relies or will rely; | | (ii) | a document which could —| (A) | adversely affect his own case; | | (B) | adversely affect another party’s case; or | | (C) | support another party’s case; |
| | (iii) | a document which may lead the party seeking discovery of it to a train of inquiry resulting in his obtaining information which may —| (A) | adversely affect his own case; | | (B) | adversely affect another party’s case; or | | (C) | support another party’s case. |
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(4) Before an application under paragraph (1) may be filed, the applicant must serve a written request on the respondent —| (a) | seeking discovery of the said document or class of documents, in the relevant Form; and | | (b) | setting out in respect of each of such document or class of documents, the reasons for requesting discovery. |
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(5) The respondent who is served with the written request for discovery must serve a notice, in the relevant Form, within 14 days after having been served with the written request, stating —| (a) | which document or class of documents he is willing to provide discovery of, and in what mode he is willing to provide such discovery; and | | (b) | which document or class of documents he is not willing or not able to provide discovery of. |
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| (6) Unless otherwise agreed by the parties, the document or class of documents which the respondent is willing to provide discovery of under paragraph (5)(a) must be provided or made available, as the case may be, within 28 days after the service of the written request for discovery. |
(7) No application under paragraph (1) may be made unless —| (a) | the time specified in paragraph (5) to serve the notice has elapsed, and the respondent has not served such notice; | | (b) | the time specified in paragraph (6) to provide or make available the document or class of documents that the respondent has notified he is willing to provide discovery of has elapsed, and he has not provided or made available such document or class of documents; or | | (c) | the respondent has notified that he is not willing or not able to provide discovery of the document or class of documents specified in the written request. |
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(8) In deciding whether to grant an order under paragraph (1), the Court must take into account —| (a) | the extent of discovery which the respondent has stated that he is willing to provide under paragraph (5)(a); and | | (b) | any offer made by the respondent to give particulars or make admissions relating to any matter in question. |
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(9) An order under paragraph (1) must not be made in respect of any party before the granting of the interim judgment, or before the Affidavit of Assets and Means has been filed by the plaintiff and the defendant, unless, in the opinion of the Court —| (a) | the order is necessary to prevent the disposal of a party’s assets; | | (b) | the order is made in conjunction with an order preventing the disposal of a party’s assets; or | | (c) | there is any other exceptional circumstance necessitating the making of the order. |
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| Continuing duty to give discovery throughout proceedings |
| 64. After an order is made under rule 63, the party required to give discovery under the order shall remain under a duty to continue to give discovery of all documents falling within the ambit of the order until the proceedings in which the order was made are concluded. |
| Inspection of documents in respect of ancillary relief |
65.—(1) A party to an action or matter may at any time serve a notice, in the relevant Form, on any other party in whose pleadings or affidavits reference is made to any document, requiring the other party —| (a) | to produce that document for the inspection of the party giving the notice; and | | (b) | to permit the party giving the notice to take copies of the document. |
(2) The party on whom a notice is served under paragraph (1) must, within 7 days after service of the notice, serve on the party giving the notice a notice (called in this paragraph the second notice) in the relevant Form —| (a) | stating a time within 7 days after the service of the second notice at which the documents, or such of them as he does not object to produce, may be inspected at a place specified in the second notice; and | | (b) | stating which (if any) of the documents he objects to produce and on what grounds. |
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| Order for production of documents for inspection |
66.—(1) If a party who is served with a notice under rule 65(1) —| (a) | fails to serve a notice under rule 65(2); | | (b) | objects to producing any document for inspection; or | | (c) | offers inspection at a time or place such that, in the opinion of the Court, it is unreasonable to offer inspection then or there (as the case may be), |
| then, subject to rule 73, the Court may, on the application of the party entitled to inspection, make an order for the production of the documents in question for inspection at such time and place, in such manner, and on such conditions, as it thinks fit. |
| (2) Without prejudice to paragraph (1), but subject to rule 73, the Court may, on the application of a party to an action or matter, order any other party to permit the party applying to inspect any documents in the possession, custody or power of that other party in respect of which discovery has been given under rule 63 or pursuant to any order made under this rule. |
| (3) On making an order under rule 63(1), the Court may, in lieu of making an order under rule 63(2), make such orders for the production of the relevant documents for inspection at such time and place, and in such manner, as it thinks fit. |
(4) An application for an order under paragraph (2) must be supported by an affidavit —| (a) | specifying or describing the documents of which inspection is sought; and | | (b) | stating the belief of the deponent that the documents are in the possession, custody or power of the other party and that discovery has been given of them under rule 63 or pursuant to any order made under that rule. |
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| Production of business books |
67.—(1) Where an application is made under rule 66 for the production of any business books for inspection, the Court may, instead of ordering the production of the original books for inspection, order a copy of any entries in the original books to be supplied and verified by an affidavit of some person who has examined the copy with the original books.| (2) Any such affidavit must state whether or not there are in the original books any, and if so what, erasures, interlineations or alterations. |
| (3) Even if a copy of any entries in any book has been supplied under this rule, the Court may order the production of the book from which the copy was made. |
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| Restriction on use of privileged document, inspection of which has been inadvertently allowed |
| 68. Where a party inadvertently allows a privileged document to be inspected, the party who inspected it may use it or its contents only with the leave of the Court. |
| Interrogatories in respect of ancillary relief |
69.—(1) A party to any proceedings under Part X of the Act (called in this rule the applicant) may serve interrogatories on any other party to the proceedings (called in this rule the respondent), in the relevant Form, setting out in respect of each interrogatory the reasons for requesting the interrogatory.(2) The interrogatories must —| (a) | relate to a matter in question between the applicant and the respondent; and | | (b) | be necessary either for disposing fairly of the matter or for saving costs. |
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(3) A respondent who is served with the interrogatories must serve a notice, in the relevant Form, on the applicant, within 14 days after having been served with the interrogatories, stating —| (a) | which interrogatories he is willing to answer, to the best of his knowledge, information and belief; and | | (b) | which interrogatories he is not willing or not able to answer. |
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| (4) Unless the parties otherwise agree, the interrogatories which the respondent is willing to answer must be answered by affidavit to be filed within 28 days after the service of the written request for interrogatories. |
(5) The applicant may apply to the Court for an order for the relevant interrogatories to be answered if —| (a) | no response is received from the respondent within the period specified in paragraph (3); or | | (b) | the respondent has stated in writing, pursuant to paragraph (3), that he is not willing or not able to answer any or all of the interrogatories served. |
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| (6) The application for the interrogatories to be answered under paragraph (5) must be made by way of summons in the relevant Form. |
| (7) A copy of the interrogatories which had been served on the respondent under paragraph (1) must be annexed to and served with the summons. |
(8) An order under paragraph (5) must not be made in respect of any party before the granting of the interim judgment, or before the Affidavit of Assets and Means has been filed by the plaintiff and the defendant, unless, in the opinion of the Court —| (a) | the order is necessary to prevent the disposal of a party’s assets; | | (b) | the order is made in conjunction with an order preventing the disposal of a party’s assets; or | | (c) | there is any other exceptional circumstance necessitating the making of the order. |
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| (9) In deciding whether to grant an application for interrogatories, the Court must take into account any offer made by the respondent to give particulars, make admissions or produce documents relating to any matter in question. |
| (10) Where the Court has ordered interrogatories to be answered, they must be answered by affidavit to be filed within such period as the Court directs. |
| (11) The interrogatories served under paragraph (1) and the application filed under paragraph (5) must specify, where the interrogatories are to be administered to a body corporate or unincorporate which is empowered by law to sue or be sued, whether in its own name or in the name of an officer or other person, the officer or member on whom the interrogatories are to be administered. |
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| Objections and insufficient answers to interrogatories |
70.—(1) A person who objects to answering any interrogatory on the ground of privilege may take the objection in his answer.| (2) Where any person on whom interrogatories have been served, or who has been ordered to answer interrogatories, under rule 69 answers any of them insufficiently, the Court may make an order requiring him to make a further answer, either by affidavit or on oral examination as the Court may direct. |
| (3) Where any person gives insufficient answers to interrogatories which have been served on him or ordered under rule 69, the party administering the interrogatories may ask for further and better particulars of the answers given. |
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| Discovery and interrogatories against non‑party |
71.—(1) An application after the commencement of proceedings for an order for the discovery of documents to be given, or for an order for interrogatories to be answered, by a person who is not a party to the proceedings (called in this rule the non‑party) must be made by summons.(2) The summons must be served —| (a) | on the non‑party personally; and | | (b) | on every party to the proceedings by way of ordinary service in accordance with rule 902. |
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(3) The summons must be supported by an affidavit which must —| (a) | state —| (i) | the grounds for the application; | | (ii) | the material facts pertaining to the proceedings; and | | (iii) | whether the non‑party is likely to be a party to the proceedings; |
| | (b) | in respect of an application for the discovery of documents, show, if practicable, by reference to any pleading or affidavit served or intended to be served in the proceedings —| (i) | that the documents in respect of which the discovery is sought are relevant to an issue arising or likely to arise out of a claim made in the proceedings or the identity of likely parties to the proceedings, or both; and | | (ii) | that the person against whom the order is sought is likely to have or have had them in his possession, custody or power; and |
| | (c) | in respect of an application for interrogatories to be answered, show, if practicable, by reference to any pleading or affidavit served or intended to be served in the proceedings that the answers to the interrogatories are relevant to an issue arising or likely to arise out of a claim made in the proceedings or the identity of likely parties to the proceedings, or both. |
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| (4) A copy of the supporting affidavit must be served with the summons on every person on whom the summons is required to be served. |
| (5) The summons must specify, where the application is for leave to administer interrogatories to a body corporate or unincorporate which is empowered by law to sue or be sued, whether in its own name or in the name of an officer or other person, the officer or member on whom the interrogatories are to be administered. |
(6) Subject to rule 73, the Court may make an order for the discovery of documents to be given by, or for leave to administer interrogatories to, a non‑party on such terms as it thinks just —| (a) | for the purpose of or with a view to identifying possible parties to the proceedings in circumstances where the Court thinks it just to make such an order; or | | (b) | in any case, where the Court thinks it necessary to prevent injustice or to prevent an abuse of the process of the Court. |
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| (7) The Court may make an order for the discovery of documents or for interrogatories to be answered conditional on the applicant giving security for the costs of the non‑party against whom the order is made or on such other terms, if any, as the Court thinks just. |
(8) The Court may make, against a non‑party —| (a) | any of the orders set out in rules 63, 66 and 67 in the case of an order for the discovery of documents; or | | (b) | any of the orders set out in rule 69 in the case of an order for interrogatories to be answered. |
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| (9) No person shall be compelled, by virtue of such an order for the discovery of documents, to produce any document which he could not be compelled to produce if he had been served with a subpoena to produce the documents at the trial. |
| (10) For the purpose of rules 65, 66, 67 and 68, an application for an order for discovery under this rule is to be treated as an action or matter between the applicant and the person against whom the order is sought. |
| (11) Rule 63(4) to (9) applies to an application or order for discovery which is made under this rule. |
| (12) Rules 69 and 70 apply to an application or order for interrogatories to be answered which is made under this rule. |
(13) Unless the Court otherwise orders, where an application is made in accordance with this rule for an order, the person against whom the order is sought is entitled to his costs, on an indemnity basis —| (a) | of the application; and | | (b) | of complying with any order made on the application. |
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| Order for determination of issue, etc., before discovery, inspection or interrogatories |
| 72. Where, on an application for an order for discovery, inspection or interrogatories, it appears to the Court that any issue or question in the action or matter should be determined before any discovery of documents or inspection is, or answers to interrogatories are, given by the parties, the Court may order that issue or question to be determined first. |
| Discovery, inspection and answers to interrogatories to be ordered only if necessary |
73. On the hearing of any application for an order under rule 63, 64, 66, 67, 68, 69, 70 or 71, the Court —| (a) | may, if satisfied that discovery, inspection or answers to interrogatories are not necessary, or not necessary at that stage of the action or matter, dismiss or, as the case may be, adjourn the application; and | | (b) | must in any case refuse to make such an order, if and so far as the Court is of the opinion that the discovery, inspection or answers to interrogatories are not necessary either for disposing fairly of the cause or matter or for saving costs. |
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| Order for production to Court |
74.—(1) At any stage of the proceedings in any action or matter, the Court may, subject to rule 75, order any party to produce to the Court any document in his possession, custody or power that falls within one of the following descriptions:| (a) | documents on which a party applying relies or will rely; | | (b) | documents which could —| (i) | adversely affect a party’s case; or | | (ii) | support a party’s case; |
| | (c) | documents which may lead to a train of inquiry resulting in the obtaining of information which may —| (i) | adversely affect a party’s case; or | | (ii) | support a party’s case. |
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| (2) The Court may deal with the document produced pursuant to an order made under paragraph (1) in such manner as it thinks fit. |
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| Failure to comply with order for discovery, inspection or interrogatories, etc. |
75.—(1) If any party fails to comply with any provision in rules 63, 64, 65, 66, 67, 68, 69, 70, 71 and 74, or with any order made under those rules, or both, as the case may be, then, without prejudice to rule 66(1), the Court may make such order as it thinks just.| (2) If any party or person against whom an order for discovery or production of documents, or an order to answer or to make further answer to any interrogatories, is made fails to comply with the order, then, without prejudice to paragraph (1), he shall be liable to committal. |
| (3) Service on a party’s solicitor of an order for discovery or production of documents made against the party, or of an order for the party to answer or make further answer to any interrogatories, shall be sufficient service to found an application for committal of the party if the party disobeys the order. |
| (4) Despite paragraph (3), the party may show in answer to the application that he had no notice or knowledge of the order. |
| (5) A solicitor on whom such an order made against his client is served and who fails, without reasonable excuse, to give notice of the order to his client shall be liable to committal. |
(6) A party who, when he is required to so do, fails to comply with any provision in rules 63, 64, 65, 66, 67, 68, 69, 70, 71 and 74, or any order made under those rules, to give discovery of documents or to produce any document for the purpose of inspection or any other purpose, or to answer or make further answer to any interrogatories, as the case may be —| (a) | may not rely on those documents except with the leave of the Court; and | | (b) | may have an adverse inference drawn against him pursuant to section 116(g) of the Evidence Act (Cap. 97). |
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| Revocation and variation of orders |
| 76. The Court may, on sufficient cause being shown, revoke or vary any order made under rules 63, 64, 66, 67, 68, 69, 70, 71 and 74 (including an order made on appeal) by a subsequent order or direction made or given at or before the trial of the action or matter in connection with which the original order was made. |
| Disclosure of documents injurious to public interest |
| 77. Rules 63, 64, 65, 66, 67, 68, 69, 70, 71 and 74 are without prejudice to any rule of law which authorises or requires the withholding of any document or information on the ground that the disclosure of that document or information would be injurious to the public interest, or against the interests of justice. |
78.—(1) In an action for nullity of marriage on the grounds of impotence or incapacity, the plaintiff must apply to the Registrar for the determination of the question as to whether Medical Inspectors should be appointed to examine the parties —| (a) | after a defence has been filed; or | | (b) | if no defence or memorandum of appearance has been filed, after the expiration of the time allowed for filing a defence or a memorandum of appearance, as the case may be. |
| (2) On such application, the Registrar must, if in the circumstances of the case he considers it expedient to do so, appoint a Medical Inspector or, if it appears to the Registrar to be necessary, 2 Medical Inspectors to examine the parties and to report to the Court the result of the examination. |
| (3) At the hearing of any such proceedings, the Court may, if it thinks fit, appoint a Medical Inspector or 2 Medical Inspectors to examine any party who has not been examined or to examine further any party who has been examined. |
| (4) The order, endorsed with notice of the time and place of the examination, must be served on the defendant. |
| (5) In the case of service of a copy of the writ on a defendant, service of the order referred to in paragraph (4) must be effected and proof of such service must be given in the manner provided for by rules 48 and 51. |
| (6) Where the defendant has appeared by a solicitor, service may be effected on the solicitor in the manner provided for by rule 52. |
(7) The examination shall —| (a) | if either party so requires, be held at the office of the Medical Inspector appointed or of one of the Medical Inspectors appointed, as the case may be, or at some other convenient place selected by the Medical Inspector or Inspectors; and | | (b) | in every other case, be held at such place as the Registrar may direct. |
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(8) The Medical Inspector or Inspectors must call upon the solicitors for the parties to identify the parties to be examined by the Medical Inspector or Inspectors, and after such identification —| (a) | the parties and their solicitors must sign their names; and | | (b) | the paper bearing such signatures must be signed by the Medical Inspector or Inspectors and annexed to the report. |
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| (9) In an action for nullity of marriage on the ground that the marriage has not been consummated owing to the wilful refusal of the defendant to consummate it, either party may apply for the appointment of Medical Inspectors to examine the parties. |
| (10) On such application, the Registrar shall appoint a Medical Inspector or, if it appears to the Registrar to be necessary, 2 Medical Inspectors, and either of the parties shall be at liberty to submit himself for examination to the Medical Inspector or Inspectors so appointed. |
| (11) Paragraphs (7) and (8) apply to any examination referred to in paragraph (10), and the Medical Inspector or Inspectors must report to the Court the result of any examination made by him or them. |
| (12) Every report made pursuant to this rule must be filed, and either party may obtain a copy of the report upon paying the prescribed fee. |
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79.—(1) Subject to paragraph (2), unless the Court otherwise directs, Division 33 of Part 18 in relation to an action commenced by writ applies, with the necessary modifications, to the trial or hearing of an action commenced by writ under Part X of the Act.| (2) Unless the Court otherwise directs, Division 33 of Part 18 in relation to a cause or matter begun by originating summons applies, with the necessary modifications, to the hearing of an application under rule 39 and an application for ancillary relief in a writ. |
(3) Any party may apply —| (a) | for the appointment of an examiner or for a commission or for letters of request to examine a party or witness in any proceedings under Part X of the Act; and | | (b) | for leave to give the depositions taken on examination in evidence at the trial or hearing. |
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| (4) Division 35 of Part 18 applies to an examination referred to in paragraph (3). |
| (5) Nothing in any order made under this rule shall affect the power of the Court at the trial or hearing to refuse to admit evidence tendered in accordance with any such order if, in the interests of justice, the Court thinks fit to do so. |
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| 80. The Court may direct, and a plaintiff and any party to proceedings under Part X of the Act who has filed a memorandum of appearance may apply to the Court for directions for, the separate trial of any issue of fact or any question as to the jurisdiction of the Court. |
81.—(1) A trial of any proceedings for divorce, presumption of death and divorce, judicial separation, nullity of marriage or rescission of a judgment of judicial separation, as the case may be, must be heard and determined in open Court.| (2) An application for ancillary relief must be heard and determined in Chambers. |
(3) Despite paragraphs (1) and (2), the Court may —| (a) | where the trial is to proceed on an uncontested basis, dispense with the attendance of all parties and their solicitors; or | | (b) | give such directions as to the hearing of any proceedings or application for ancillary relief as may be necessary. |
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| Setting down for trial or hearing |
82.—(1) The plaintiff must set the action down for trial or hearing by filing a notice in Form 28 —| (a) | within 14 days after the expiry of the time for the filing of the last pleading; or | | (b) | within such other time as the Court may direct. |
| (2) The Registrar must cause a notice of trial or hearing to be given to each party in the action who has entered an appearance. |
(3) If the plaintiff fails to set the action down within the time specified in paragraph (1) or within such extended time as the Court allows, any party defending the action —| (a) | may set it down for trial or hearing; and | | (b) | must, within 24 hours after having done so, give the plaintiff and all other parties in the action who have filed a memorandum of appearance notice of his having done so. |
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| (4) Where an action is proceeding only in respect of a counterclaim, a reference to the plaintiff in relation to the setting down of the action for trial or hearing shall be read as a reference to the defendant. |
| (5) Except with the consent of all parties and with the leave of the Court, no action shall be tried or heard until after the expiration of 10 days from the date of setting down. |
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| Simplified uncontested divorce proceedings |
83.—(1) Despite this Division, the plaintiff in any divorce proceedings may apply for the divorce proceedings to be placed on a simplified uncontested hearing track, if the plaintiff and defendant to the divorce proceedings have —| (a) | agreed that the divorce proceedings will proceed on an uncontested basis; and | | (b) | agreed on all the ancillary matters. |
(2) The application under paragraph (1) must be made by filing the following documents:| (a) | the writ for divorce; | | (b) | a statement of claim in Form 6, which prays for the ancillary matters to be dealt with in the manner as set out in the draft consent order under sub‑paragraph (c); | | (c) | a statement of particulars in Form 8 exhibiting —| (i) | a signed statement of the defendant in the relevant Form setting out the defendant’s consent to the commencement of the divorce proceedings and agreement to the dispensation of service on the defendant of all of the documents referred to in sub‑paragraphs (a) to (e); | | (ii) | a copy of the marriage certificate of the plaintiff and defendant; | | (iii) | the results of the bankruptcy searches conducted in relation to the plaintiff and defendant; and | | (iv) | a draft consent order stating the manner of dealing with the ancillary matters agreed on by the plaintiff and defendant, and signed by them or their respective solicitors (as the case may be); |
| | (d) | an affidavit of evidence‑in‑chief verifying the statement of particulars in such manner as may be specified in the practice directions; | | (e) | a notice for setting down the action for trial in Form 29. |
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| (3) An agreed parenting plan and an agreed matrimonial property plan need not be filed even if there is any children to the marriage or an HDB matrimonial asset to be divided in the divorce proceedings. |
| (4) Where the documents in paragraph (2) have been filed and the Court is satisfied that the documents are in order, the Court may place the matter on the uncontested hearing track. |
| (5) Where the Court places the matter on the uncontested hearing track, the Court may direct that the matter be tried or heard within 10 days after the date of setting down. |
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| Intervention by Attorney‑General |
84.—(1) When the Attorney‑General desires to show cause against making final an interim judgment, he must —| (a) | enter an appearance in the action in which the interim judgment has been pronounced; | | (b) | within 14 days after entering an appearance, file a summons and a supporting affidavit setting out the grounds and the facts, respectively, upon which he relies; and | | (c) | within 2 working days after filing the summons and supporting affidavit, deliver a copy each of the summons and supporting affidavit to the party, or the solicitor of the party, in whose favour the interim judgment has been pronounced. |
| (2) Where such summons and supporting affidavit alleges a plaintiff’s adultery with any person named, the Attorney‑General must, unless directed otherwise by the Court, serve each such person with a copy of the summons and supporting affidavit omitting such part of the summons and supporting affidavit as contains any allegation in which the person so served is not named. |
(3) The copy of the summons must —| (a) | be accompanied by a notice of proceedings in Form 9, a copy of an acknowledgment of service in Form 15 and a copy of a memorandum of appearance in Form 16, so far as the same are applicable; and | | (b) | be served in the manner provided for in the case of a copy of a writ on a co‑defendant by rules 48 and 49. |
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| (4) Except as provided in this rule, this Division applies to all subsequent pleadings and proceedings in respect of such summons and supporting affidavit as if the summons and supporting affidavit were an original statement of claim. |
| (5) If no defence to the summons and supporting affidavit of the Attorney‑General is filed within the time limited, or if a defence is filed but has been struck out or is not proceeded with, the Attorney‑General may proceed on the summons and apply immediately to rescind the interim judgment and dismiss the action. |
(6) If any of the allegations contained in the summons and supporting affidavit of the Attorney‑General is not denied in the defence, the party in whose favour the interim judgment has been pronounced must —| (a) | set down the intervention for trial or hearing; and | | (b) | within 24 hours after setting down the intervention, give to the Attorney‑General notice of his having done so. |
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| (7) If the party in whose favour the judgment has been pronounced fails to set down the intervention and give notice to the Attorney‑General in accordance with paragraph (6), the Attorney‑General may proceed on the summons and apply immediately to rescind the interim judgment and dismiss the action. |
(8) If all the allegations contained in the summons and supporting affidavit of the Attorney‑General are denied in the defence, the Attorney‑General must —| (a) | set down the intervention for trial or hearing; and | | (b) | within 24 hours after setting down the intervention, file and give to the other parties to the intervention notice of his having done so. |
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| Intervention by person other than Attorney‑General |
85.—(1) When any person, other than the Attorney‑General, wishes to show cause against making final an interim judgment, that person must —| (a) | enter an appearance in the action in which the interim judgment has been pronounced; | | (b) | within 14 days after entering an appearance, file an affidavit stating the facts upon which he relies; and | | (c) | within 2 working days after filing the affidavit, deliver a copy of the affidavit to the party, or the party’s solicitor, in whose favour the interim judgment has been pronounced. |
(2) The party in whose favour the interim judgment has been pronounced may, within 14 days after delivery of the affidavit —| (a) | file an affidavit in answer; and | | (b) | within 2 working days after filing the affidavit in answer, deliver a copy of the affidavit in answer to the person showing cause or to that person’s solicitor. |
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| (3) If any affidavit in answer is so filed and delivered, the person showing cause may, within a further 14 days, file and deliver copies of affidavits in reply to the party, or the party’s solicitor, in whose favour the interim judgment has been pronounced. |
| (4) No affidavits shall be filed in rejoinder to the affidavits in reply without leave. |
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| Right of defendant to be heard |
86. Despite anything in this Division, a defendant who has filed a memorandum of appearance may, without filing a defence, be heard in respect of —| (a) | any question as to costs; and | | (b) | any question of custody of or access to any child of the marriage, maintenance or division of matrimonial assets. |
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| Application for ancillary relief |
87.—(1) An application by a plaintiff, or by a defendant who files a defence and counterclaim claiming relief, for any of the following, must be made in the writ or defence and counterclaim, as the case may be:| (a) | an order for maintenance; | | (b) | an order for the division of matrimonial assets. |
| (2) A defendant may make an application under paragraph (1) only after he has filed a memorandum of appearance. |
(3) Despite paragraph (1), an application for ancillary relief which should have been made in the writ or defence and counterclaim may be made subsequently —| (a) | by leave of the Court, either by summons or at the trial; or | | (b) | where the parties have agreed on the terms of the proposed order, without leave, at the trial. |
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| (4) An application by a plaintiff or defendant for ancillary relief, not being an application which is required to be made in the writ or defence and counterclaim, may be made by summons. |
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| Evidence that husband or former husband is incapacitated from earning a livelihood, etc. |
87A.—(1) An application by an incapacitated husband or incapacitated former husband (called in this rule the husband) for maintenance under section 113(1) from his wife or former wife (as the case may be) must be supported by a report given by a registered medical practitioner stating all of the following matters:| (a) | the nature of the physical or mental disability or illness causing the husband to be incapacitated from earning a livelihood; | | (b) | the date on which the husband began to suffer from that physical or mental disability or illness; | | (c) | the extent to which the husband is incapacitated, by that physical or mental disability or illness, from earning a livelihood; | | (d) | the period during which the husband is incapacitated, by that physical or mental disability or illness, from earning a livelihood. |
| (2) Despite paragraph (1), the Court may, in its discretion, allow the application mentioned in that paragraph to be supported by a report which states the matters mentioned in paragraph (1)(a) to (d), but is given by a foreign doctor, if the Court is satisfied that there is good reason to do so. |
| (3) The Court may require a report mentioned in paragraph (2) to be accompanied by documentary evidence of the foreign registration of the foreign doctor giving the report. |
(4) In this rule —| “foreign doctor” means an individual who is duly authorised or registered to practise medicine in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering individuals to practise medicine in that state or territory; |
| “foreign registration”, in relation to a foreign doctor, means the authorisation or registration of the foreign doctor to practise medicine in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering individuals to practise medicine in that state or territory. [S 301/2016 wef 01/07/2016] |
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| Application for ancillary relief after order of Magistrate’s Court or Family Court |
| 88. Where an application for ancillary relief is made while there is in force an order of a Magistrate’s Court or Family Court for the maintenance of a spouse or child, the applicant must file a copy of the order on or before the hearing of the application. |
| Filing of Affidavit of Assets and Means and reply affidavit |
89.—(1) Where there is an application for ancillary relief by a plaintiff or defendant, the parties must, if the Court so orders, file and exchange an Affidavit of Assets and Means —| (a) | in such manner as the Registrar may direct; and | | (b) | within such period as the Court may direct. |
| (2) On the exchange of the Affidavits of Assets and Means, a party may file and serve on the other party a reply affidavit to the other party’s Affidavit of Assets and Means within such time as the Court may direct. |
| (3) No further affidavit shall be received in evidence without the leave of the Court. |
| (4) An application for leave under paragraph (3) must be by way of summons. |
| (5) Rules 63 to 77 apply to any application for discovery, interrogatories or inspection relating to an Affidavit of Assets and Means. |
| (6) An order for the filing of an Affidavit of Assets and Means must not be made before the granting of an interim judgment, unless the Court is of the view that such an order is necessary or desirable. |
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| Evidence in proceedings for division of matrimonial assets or avoidance of disposition |
90.—(1) The affidavit filed in support of proceedings for the division of matrimonial assets or an avoidance of disposition must contain, so far as is known to the deponent —| (a) | in the case of an application for a transfer or settlement of assets —| (i) | the assets in respect of which the application is made; and | | (ii) | the assets to which the party against whom the application is made is entitled, either in possession or reversion; |
| | (b) | in the case of an application for an order for a variation of settlement order —| (i) | all settlements, whether antenuptial or postnuptial, made on the spouses; and | | (ii) | the funds brought into settlement by each spouse; and |
| | (c) | in the case of an application for an avoidance of disposition order —| (i) | the assets to which the disposition relates; and | | (ii) | the persons in whose favour the disposition is alleged to have been made, and in the case of a disposition alleged to have been made by way of settlement, the trustees and the beneficiaries of the settlement. |
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(2) Where the proceedings for the division of matrimonial assets or an avoidance of disposition relates to land, the affidavit in support must, in addition to containing any particulars required by paragraph (1) —| (a) | state whether the title to the land is registered or unregistered and, if registered, the Land Registry title number; | | (b) | give particulars, so far as is known to the applicant, of any mortgage of the land or any interest in the land; and | | (c) | give particulars of the registered owner or owners of the land and, if there is more than one owner, the manner in which the land is held, whether as joint tenants or tenants‑in‑common. |
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(3) The affidavit or affidavits filed in respect of proceedings for the division of matrimonial assets or an avoidance of disposition, and any application filed to commence such proceedings, must be served on the following persons and on the party defending the proceedings:| (a) | in the case of an application for an order for a variation of settlement order, the trustees of the settlement and the settlor, if living; | | (b) | in the case of an application for an avoidance of disposition order, the person in whose favour the disposition is alleged to have been made, and any mortgagee of whom particulars are given pursuant to paragraph (2); | | (c) | such other persons, if any, as the Court may direct. |
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| (4) Subject to any directions of the Court, any person served with an affidavit and an application (if any) to which this rule applies may, within 14 days after service, file an affidavit in answer. |
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| Application to vary order on ancillary relief |
91.—(1) An application to vary an order made in proceedings for ancillary relief must be made by summons.(2) If an application under paragraph (1) is filed more than one year from the date of the final order on ancillary relief —| (a) | the application must be served personally on every other party in accordance with rule 48 or 49; and | | (b) | proof of service must be given in a manner provided for by rule 51. |
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| Evidence on application for variation order |
92.—(1) An application for an order under section 118 or 119 must be supported by an affidavit by the applicant setting out —| (a) | full particulars of his property and income; and | | (b) | the grounds on which the application is made. |
| (2) The party defending the application may, within 14 days after service of the affidavit, file an affidavit in answer. |
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| Custody of and access to children |
93.—(1) The plaintiff or the defendant spouse or guardian, or any person who has obtained leave to intervene in the action, for the purpose of applying for custody or who has the custody or control of any child of the marriage under an order of the Court, may, after entering an appearance (where applicable) to the writ for this purpose, apply at any time either before or after final judgment to the Court —| (a) | for an order relating to the custody or education of the child; or | | (b) | for directions that proper proceedings be taken for placing the child under the protection of the Court. |
| (2) A plaintiff may, at any time after filing a writ under Part X of the Act, and a defendant spouse may, at any time after entering an appearance, apply for access to any child of the marriage. |
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| Information as to other proceedings relating to children |
| 94. On any application under this Division relating to any child of a marriage, the applicant must file a statement as to the nature of any proceedings relating to that child which may be in progress in any court in Singapore or elsewhere. |
| Form of judgment and order |
95.—(1) A judgment must be in Form 30 or 31 and must be issued by the Registrar upon the application of either party to the marriage.| (2) A sealed or other copy of any judgment of the Court may be issued to any person requiring it on payment of the prescribed fee. |
| (3) An order of Court, other than an order for an injunction, must be in Form 32 and must be signed by the Registrar. |
| (4) An order of Court in respect of ancillary relief must be extracted by the party in whose favour the interim judgment was pronounced. |
| (5) Where the party referred to in paragraph (4) fails to extract the order of Court within 14 days after the order was made, any other party affected by the order may extract the order. |
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| 96.—(1) An application by a party to make final an interim judgment pronounced in his favour may be made on any day after the expiration of 3 months from the grant of the interim judgment or such shorter period as the Court may fix under section 99(1). [S 301/2016 wef 01/07/2016] (2) On filing the application, the Registrar must cause a search to be made of the Court records to be satisfied —| (a) | that no appeal against the interim judgment is pending; | | (b) | that no order has been made by the Court of Appeal or the Appellate Division of the High Court extending the time for appealing against that interim judgment or, if any such order has been made, that the time so extended has expired; and [S 1081/2020 wef 02/01/2021] | | (c) | that no appearance has been entered or, if appearance has been entered, that no affidavits have been filed, within the time allowed for filing, by or on behalf of any person wishing to show cause against the interim judgment being made final. |
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(3) An application referred to in paragraph (1) must not be made —| (a) | before the hearing of all applications for ancillary relief has been concluded at first instance, without the leave of the Court; or | | (b) | after the expiration of one year from the date of the interim judgment or the expiration of 3 months from the date of the last hearing of an application for ancillary relief in the writ or defence and counterclaim (including the last hearing of any appeal), whichever is the later, without the leave of the Court. |
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| (4) An application for leave under paragraph (3) must be made by summons which must be served on the party against whom the interim judgment was pronounced. |
| (5) On filing the application referred to in paragraph (1) and subject to the requirements of section 123, the Court may make the interim judgment final. |
(6) A spouse may make an application to make final an interim judgment pronounced against him —| (a) | without leave, if no application is made under paragraph (1) within the time specified in paragraph (3)(b); or | | (b) | with leave, in any other case. |
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| (7) An application for leave under paragraph (6)(b) must be made by summons which must be served on the party in whose favour the interim judgment was pronounced. |
| (8) On any application under paragraph (6), the Court may make such order as it thinks fit. |
| (9) The Registrar must issue a certificate that the interim judgment has been made final, in accordance with Form 33. |
| (10) The certificate must be authenticated by affixing to the certificate the seal of the Registry of the Family Justice Courts. |
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97.—(1) Subject to the provisions of this Part and of any other written law, a judgment or order may be enforced in accordance with the provisions in Part 18 for the enforcement of judgments and orders.| (2) Where a party who has been ordered to lodge damages in Court fails to do so in accordance with the order, the party in whose favour the order was made may apply to the Court at any time to vary the order by directing the payment of the damages to an individual to be specified in the application. |
| (3) The Court may, if satisfied that in the circumstances it is just and equitable to do so, vary the order for lodgment of damages accordingly upon an undertaking by that individual to lodge the damages in Court or otherwise deal with the damages as and when received as the Court may direct. |
| (4) Despite paragraph (3), if the application is made after the interim judgment has been made final, the Court may, if satisfied that in the circumstances it is just and equitable to do so, dispense with the undertaking. |
| (5) Where a party who has been ordered to pay costs into Court fails to do so in accordance with the order, the party in whose favour the order was made may apply to the Court to vary the order by directing payment to an individual to be specified in the application. |
| (6) The Court may, if satisfied that in the circumstances it is just and equitable to do so, vary the order accordingly, except that, if the application is made before the interim judgment is made final, the order shall only be made upon the individual undertaking to pay the costs into Court as and when received. |
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98.—(1) An application for attachment or committal shall be made to the Court. | (2) Any person whose assets are attached or who is committed may apply to the Court for the discharge of the order for attachment or committal. |
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| Costs against co‑defendant, etc. |
| 99. Costs directly referable to an interim judgment or a final judgment must not be awarded against a co‑defendant or defendant in counterclaim who has not filed a defence unless the Court, after having given that party the opportunity to make submissions on the matter, otherwise orders. |
| Division 3 — Proceedings under Part VII of Act |
99A.—(1) This rule and section 156 of the Criminal Procedure Code (Cap. 68) —| (a) | set out different circumstances in which the Court may proceed, in the absence of the respondent, to hear and determine an application for a protection order; and | | (b) | are independent of each other. |
(2) The Court may proceed, in the absence of the respondent, to hear and determine an application for a protection order, if —| (a) | the respondent —| (i) | does not appear at the time and place mentioned in the summons; or | | (ii) | without reasonable excuse, does not appear at the time and place to which the application is adjourned; |
| | (b) | it appears to the Court on oath or affirmation that the summons was duly served on the respondent a reasonable time before the time appointed in the summons for appearing; and | | (c) | no sufficient ground is shown for an adjournment. |
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| (3) A summons for an application for a protection order must be endorsed with a statement of the matters set out in paragraph (2). |
(4) To avoid doubt, where the Court hears an application for a protection order in the absence of the respondent, the Court may —| (a) | examine the applicant and any witness called in support of the application; and | | (b) | make a protection order if the Court is satisfied that the requirements for making the order have been met. |
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(5) Where, pursuant to an application for a protection order, the Court makes a protection order at a hearing in the absence of the respondent, the Court must arrange for the order to be served on the respondent —| (a) | by the delivery of the order to the respondent personally; | | (b) | by the sending of the order by prepaid registered post to the last known address of the place of residence or business of the respondent; or | | (c) | by the affixing of the order to a conspicuous part of the last known address of the place of residence of the respondent. [S 610/2016 wef 01/12/2016] |
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| (6) A protection order sent to the respondent by prepaid registered post in accordance with paragraph (5)(b) is to be treated as duly served on the respondent at the time when the order would in the ordinary course of post be delivered. |
| (7) In proving service by prepaid registered post, it is sufficient to prove that the cover containing the protection order was properly addressed, stamped and posted by prepaid registered post. |
(8) Where a protection order is made in the absence of the respondent, the order must —| (a) | indicate that the order was made in the absence of the respondent; and | | (b) | be accompanied by a memorandum stating that the respondent may apply under section 67(1) to revoke a protection order that was made in the absence of the respondent. |
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(9) Paragraphs (2) to (7) and (8)(a) apply, with the following modifications, to an application under section 67(1) to vary, suspend or revoke a protection order:| (a) | any reference to an application for a protection order, or to a summons for an application for a protection order, is to be construed as a reference to the application under section 67(1); | | (b) | any reference to a protection order is to be construed as a reference to an order, made pursuant to the application under section 67(1), to vary, suspend or revoke a protection order; | | (c) | any reference to an applicant is to be construed as a reference to the person making the application under section 67(1); | | (d) | any reference to the respondent is to be construed as a reference to the person against whom the application under section 67(1) is made. |
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| (10) To avoid doubt, in this rule, “protection order” includes any order mentioned in section 65(5)(a), (b) or (c). [S 301/2016 wef 01/07/2016] |
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| Evidence for family violence trial |
100.—(1) Subject to these Rules, and the Evidence Act (Cap. 97) and any other written law relating to evidence, any fact required to be proved at a family violence trial by the evidence of witnesses must be proved by an examination of the witnesses in Court.(2) Without prejudice to the generality of paragraph (1), and unless otherwise provided by any written law or by these Rules, at a family violence trial —| (a) | evidence‑in‑chief of a witness must be given by way of affidavit; and | | (b) | unless the Court otherwise orders —| (i) | the witness must attend trial for cross‑examination; and | | (ii) | in default of the witness’ attendance, the witness’ affidavit shall not be received in evidence except with the leave of the Court. |
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| (3) Any document to be used in conjunction with an affidavit must be exhibited and a copy of the document annexed to the affidavit, unless the Court otherwise orders. |
| (4) The affidavit of evidence‑in‑chief of each witness of a party to the family violence trial must be filed and served on every other party to the family violence trial. |
| (5) No further affidavits shall be received in evidence without the leave of the Court. |
| (6) Despite paragraphs (2), (3) and (4), the Court may, if it thinks just, order a party to file and serve on every other party to the family violence trial, an unsworn statement setting out the evidence that the party’s witness intends to adduce at the trial, in lieu of an affidavit of evidence‑in‑chief of that witness. |
| (6A) The Court may order to be struck out any matter, in an unsworn statement filed under paragraph (6), that is scandalous, irrelevant or otherwise oppressive. [S 409/2018 wef 20/06/2018] |
(7) Despite paragraphs (2), (3), (4) and (6), the Court may, if it thinks just, order —| (a) | that the evidence of a witness or any part of such evidence be given orally at a family violence trial; and | | (b) | where a witness is subpoenaed by a party, that that party file and serve, on every other party to the family violence trial, a statement of evidence which that party intends the witness to adduce at the trial. |
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| (8) Nothing in this rule shall make admissible evidence which if given orally would be inadmissible. |
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101.—(1) The Judge may give directions on the conduct of a family violence trial, which may include the following: | (a) | directions that the parties identify the relevant issues and address specific issues; | | (b) | directions as to the party to begin and the order of speeches at the trial. |
| (2) Subject to any directions given under paragraph (1), the party to begin and the order of speeches shall be that provided by this rule. |
| (3) The Judge who is hearing the family violence trial may, if he thinks fit, at any time during the hearing, question or examine any witness in the trial. |
(4) The Judge may direct that an application for an order under Part VII of the Act be dealt with without any oral testimony or examination of witnesses, where all the parties agree that —| (a) | there is only a question of law to be tried before the Judge; and | | (b) | there is no dispute on the facts stated in the affidavits filed by the parties. |
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| (5) The applicant in a family violence trial shall begin by opening his case. |
(6) If the respondent elects not to adduce evidence —| (a) | the applicant may, after the evidence on his behalf has been given, make a second speech closing his case; and | | (b) | the respondent shall then state his case. |
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| (7) Paragraph (6) applies whether or not the respondent has in the course of cross‑examination of a witness for the applicant or otherwise put in a document. |
(8) If the respondent elects to adduce evidence, he may —| (a) | after any evidence on the applicant’s behalf has been given, open the respondent’s case; and | | (b) | after the evidence on the respondent’s behalf has been given, make a second speech closing his case. |
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| (9) At the close of the respondent’s case, the applicant may make a speech in reply. |
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| Cross-examination by unrepresented applicant or respondent during family violence trial, etc. |
101A.—(1) Paragraph (2) only applies where the applicant or respondent in a family violence trial or an application under section 67(1) —| (a) | appears in person; and | | (b) | intends to cross-examine, or cross-examines, a witness who —| (i) | is below 21 years of age; | | (ii) | is the person against whom the family violence is alleged to have been committed; or | | (iii) | is an incapacitated person as defined in section 64. |
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(2) The Judge hearing the family violence trial or application under section 67(1) may, on the application of the respondent or applicant or on the Judge’s own motion, make either or both of the following orders:| (a) | an order that the cross-examination of the witness be restricted in scope and duration; | | (b) | an order that the witness must not be cross-examined directly. |
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(3) Where the Judge makes an order under paragraph (2)(b) —| (a) | each question to be asked during the cross-examination of the witness must be stated orally or in writing to the Judge; | | (b) | the Judge may require the question to be reframed before the question is asked; and | | (c) | if the Judge allows the question to be asked, the question will be asked by the Judge or by a person appointed by the Judge. [S 416/2017 wef 01/08/2017] |
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Division 4 — Proceedings (other than garnishee proceedings)
under Part VIII of Act |
| Discovery in maintenance proceedings |
102.—(1) Subject to paragraph (4), the Court may at any time order any party in maintenance proceedings to give discovery, in such form as the Court may direct, by filing and serving on the other party an affidavit exhibiting a list of documents as specified by the Registrar.(2) The Court may at any time, on the application of any party in maintenance proceedings, make an order requiring any other party to make an affidavit or give sworn statements stating whether —| (a) | any document specified or described in the application and that is not the subject of any order made under paragraph (1); or | | (b) | any class of documents so specified or described in the application, |
| is or has at any time been in the other party’s possession, custody or power, and if not then in his possession, custody or power, when he parted with it and what has become of it. |
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| (3) Upon making an order under paragraph (1) or (2), the Court may, if a party states in his affidavit or sworn statement that a document or class of documents is in his possession, custody or power, direct the party to produce and exhibit a copy or copies of the document or class of documents stated in the affidavit or sworn statement in such manner as the Court may direct. |
(4) An application for an order under this rule must —| (a) | be in the relevant Form; and | | (b) | be supported by an affidavit or a sworn statement confirming the contents of the relevant form, and stating the belief of the applicant that the party from whom discovery is sought under this rule had or has in his possession, custody or power, the document or class of documents specified in the application. [S 375/2017 wef 10/07/2017] |
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| (5) The application under paragraph (2) must set out, in respect of each such document or class of documents, the reasons for requesting discovery. |
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| Continuing duty to give discovery throughout maintenance proceedings |
| 103. After the making of any order under rule 102, the party required to give discovery under the order shall remain under a continuing duty to give discovery of all documents falling within the ambit of the order until the proceedings in which the order was made are concluded. |
| Inspection of documents in maintenance proceedings |
104.—(1) A party in maintenance proceedings (called in this rule the first‑mentioned party) may at any time apply to the Court, in such form and manner as the Registrar may direct, requiring any other party to —| (a) | produce a document which was referred to in the affidavits or sworn statements of that other party or the bundle of documents filed into Court for the inspection of the first‑mentioned party; and | | (b) | permit the first‑mentioned party to take copies of such document or documents. |
| (2) The other party must offer inspection of the documents at a reasonable time and place unless he objects to such inspection. |
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| Order for production of documents for inspection in maintenance proceedings |
105.—(1) If a party who is responding to an application under rule 104 —| (a) | objects to the production of any document for inspection; or | | (b) | offers inspection at any time or place which, in the opinion of the Court, is unreasonable, |
| the Court may, subject to rule 109 and on the application of the party entitled to inspection, make an order for the production of the documents in question for inspection at such time and place, in such manner, and on such conditions, as it thinks fit. |
| (2) Without prejudice to paragraph (1), but subject to rule 109, the Court may, on the application of any party in maintenance proceedings, order any other party to permit the party who makes the application to inspect any documents in the possession, custody or power of that other party in respect of which discovery has been given under rule 102 or pursuant to any order made under this rule. |
| (3) In particular, on the making of an order under rule 102(2), the Court may, in lieu of making an order under rule 102(3), make such orders for the production of the relevant documents for inspection at such time and place, and in such manner, as it thinks fit. |
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| Production of business books in maintenance proceedings |
106.—(1) Where an application is made under rule 104 for the production of any business books for inspection, the Court may, instead of ordering the production of the original business books for inspection, order a copy of any entries in the original business books to be supplied and verified by an affidavit of a person who has examined the copy together with the original books. (2) Such affidavit must state —| (a) | whether or not there are any erasures, interlineations or alterations in the original books; and | | (b) | if so, what erasures, interlineations or alterations there are. |
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| (3) Even if a copy of any entries in any business book has been supplied under this rule, the Court may order the production of the book from which the copy was made. |
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| Restriction on use of privileged document, inspection of which has been inadvertently allowed in maintenance proceedings |
| 107. Where a party inadvertently allows a privileged document to be inspected, the party who inspected it may use it or its contents only with the leave of the Court. |
| Order for determination of issue, etc., before discovery and inspection in maintenance proceedings |
| 108. Where on an application for an order for discovery or inspection, it appears to the Court that any issue or question in the maintenance proceedings should be determined before any discovery of documents or inspection, the Court may order that the issue or question be determined first. |
| Discovery and inspection to be ordered in maintenance proceedings only if necessary |
109. On the hearing of any application for an order under rule 102, 104, 105 or 106, the Court —| (a) | may, if satisfied that discovery or inspection is not necessary, dismiss the application; and | | (b) | must in any case refuse to make such an order if and so far as it is of the opinion that discovery or inspection is not necessary either for disposing fairly of the cause or matter or for saving costs. |
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| Hearing of application for order under rule 102, 104, 105 or 106 by Registrar in Chambers |
| 109A. Unless the Court otherwise directs, an application for an order under rule 102, 104, 105 or 106 may be heard and determined by the Registrar in Chambers. [S 409/2018 wef 20/06/2018] |
| Order for production of documents to Court in maintenance proceedings |
110.—(1) At any stage of any maintenance proceedings, the Court may, subject to rule 111, order any party to produce to the Court any document in his possession, custody or power that falls within one of the following descriptions:| (a) | documents on which a party applying for discovery or inspection relies or will rely; | | (b) | documents which could — | (i) | adversely affect a party’s case; or | | (ii) | support a party’s case; |
| | (c) | documents which may lead to a train of inquiry resulting in the obtaining of information which may —| (i) | adversely affect a party’s case; or | | (ii) | support a party’s case. |
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| (2) The Court may deal with the document when produced pursuant to an order made under paragraph (1) in such manner as it thinks fit. |
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| Failure to comply with order relating to discovery or inspection in maintenance proceedings |
111.—(1) If any party fails to comply with any provision in rule 102, 103, 104, 105, 106, 107 or 110 or with any order made under those rules, or both, the Court may make such order as it thinks fit.(2) Without prejudice to the generality of paragraph (1), the further orders that may be made by a Court under that paragraph may include one or both of the following orders:| (a) | an order that proceedings shall be stayed until the parties have complied with the relevant provision in one or more rules referred to in paragraph (1), or with any order made under those rules, or both; | | (b) | such order as to costs as the Court thinks appropriate against the party who fails to comply with the relevant provision in one or more rules referred to in paragraph (1) or with any order made under those rules, or both. |
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(3) Without prejudice to paragraphs (1) and (2), a party who fails to comply with any provision in rule 102, 103, 104, 105, 106, 107 or 110 or with any order made under those rules or both, as the case may be —| (a) | may not rely on those documents except with the leave of the Court; and | | (b) | may have an adverse inference drawn against him pursuant to section 116(g) of the Evidence Act (Cap. 97). |
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| Revocation and variation of orders for discovery or inspection in maintenance proceedings |
| 112. The Court may, on sufficient cause being shown, revoke or vary any order made under rule 102, 104, 105, 106 or 110 (including an order made on appeal) by a subsequent order or direction made or given at or before the hearing of the maintenance proceedings. |
| Disclosure of document which would be injurious to public interest |
| 113. Rules 102, 103, 104, 105, 106, 107 and 110 are without prejudice to any rule of law which authorises or requires the withholding of any document or information on the ground that the disclosure of it would be injurious to the public interest, or against the interests of justice. |
| Evidence for maintenance proceedings |
114.—(1) Subject to these Rules, and the Evidence Act (Cap. 97) and any other written law relating to evidence, any fact required to be proved at maintenance proceedings by the evidence of witnesses must be proved by an examination of the witnesses in Court.(2) Without prejudice to the generality of paragraph (1), and unless otherwise provided by any written law or by these Rules, at any maintenance proceedings —| (a) | evidence‑in‑chief of a witness must be given by way of affidavit; and | | (b) | unless the Court otherwise orders —| (i) | the witness must attend the proceedings for cross‑examination; and | | (ii) | in default of the witness’ attendance, the witness’ affidavit shall not be received in evidence except with the leave of the Court. |
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| (3) Any document to be used in conjunction with an affidavit must be exhibited and a copy of the document annexed to the affidavit, unless the Court otherwise orders. |
| (4) The affidavit of evidence‑in‑chief of each witness of a party to the maintenance proceedings must be filed and served on every other party to the maintenance proceedings and any affidavit in reply must be filed and served on every other party. |
| (5) No further affidavits shall be received in evidence without the leave of the Court. |
| (6) Despite paragraphs (2), (3) and (4), the Court may, if it thinks just, order a witness to produce to the Court, at such time as the Court may direct, any document which the party calling the witness intends to use at the maintenance proceedings, in lieu of an affidavit of evidence‑in‑chief or of annexing the document or a copy of the document to the affidavit. |
(7) Despite paragraphs (2), (3), (4) and (6), the Court may, if it thinks just, order —| (a) | that evidence of a witness or any part of such evidence be given orally at a maintenance proceedings; and | | (b) | where a witness is subpoenaed by a party, that the party file and serve on every other party, to the maintenance proceedings, a statement of evidence which that party intends the witness to adduce at the proceedings. |
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| (7A) The Court may order to be struck out any matter, in any document produced under paragraph (6) or any statement of evidence filed under paragraph (7)(b), that is scandalous, irrelevant or otherwise oppressive. [S 409/2018 wef 20/06/2018] |
| (8) Nothing in this rule shall make admissible evidence which if given orally would be inadmissible. |
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| Evidence that husband is incapacitated from earning a livelihood, etc. |
114A.—(1) An application under section 69(1A) by an incapacitated husband for maintenance from his wife must be supported by a report given by a registered medical practitioner stating all of the following matters:| (a) | the nature of the physical or mental disability or illness causing the husband to be incapacitated from earning a livelihood; | | (b) | the date on which the husband began to suffer from that physical or mental disability or illness; | | (c) | the extent to which the husband is incapacitated, by that physical or mental disability or illness, from earning a livelihood; | | (d) | the period during which the husband is incapacitated, by that physical or mental disability or illness, from earning a livelihood. |
| (2) Despite paragraph (1), the Court may, in its discretion, allow the application mentioned in that paragraph to be supported by a report which states the matters mentioned in paragraph (1)(a) to (d), but is given by a foreign doctor, if the Court is satisfied that there is good reason to do so. |
| (3) The Court may require a report mentioned in paragraph (2) to be accompanied by documentary evidence of the foreign registration of the foreign doctor giving the report. |
(4) In this rule —| “foreign doctor” means an individual who is duly authorised or registered to practise medicine in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering individuals to practise medicine in that state or territory; |
| “foreign registration”, in relation to a foreign doctor, means the authorisation or registration of the foreign doctor to practise medicine in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering individuals to practise medicine in that state or territory. [S 301/2016 wef 01/07/2016] |
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| Maintenance record officer |
114B.—(1) The Court may, for the purposes of any maintenance proceedings, appoint a public officer (called in this rule a maintenance record officer), at any stage in those proceedings, to do all or any of the following things:| (a) | interview the parties to those proceedings; | | (b) | obtain documents and information, on the financial circumstances of a party to those proceedings, from that party; | | (c) | obtain documents and information, on the financial circumstances of a party to those proceedings, with the consent of that party, from any other person; | | (d) | obtain from each party to those proceedings —| (i) | information on any maintenance that has not been paid; and | | (ii) | the reasons (if any) why the maintenance was not paid; |
| | (e) | compile and review the documents and information mentioned in this paragraph; | | (f) | prepare for the Court a written report, in such format as the Court may determine, setting out the opinion of the maintenance record officer on the following matters:| (i) | the financial circumstances of each party to those proceedings; | | (ii) | the amount of maintenance that has not been paid; | | (iii) | whether the party liable to pay the maintenance is able to pay that amount or any part of that amount. |
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| (2) A maintenance record officer is an officer of the Family Justice Courts, but need not be employed by those Courts. |
| (3) The Court may, on its own motion or at the request of a maintenance record officer, order a party to any maintenance proceedings to produce to a maintenance record officer any document in that party’s possession, custody or power that the Court considers relevant to the preparation of a report under paragraph (1)(f). |
| (4) A party who fails to comply with an order under paragraph (3) may have an adverse inference drawn against that party pursuant to illustration (g) to section 116 of the Evidence Act (Cap. 97). |
(5) The following apply when a maintenance record officer prepares a report under paragraph (1)(f) for the purposes of any maintenance proceedings:| (a) | the Court must make that report available to the parties to those proceedings; | | (b) | that report may be tendered, and may be relied on by the Court, as evidence of the matters stated in that report; | | (c) | the Court and the parties may examine the maintenance record officer; | | (d) | the maintenance record officer need not attend those proceedings unless the Court, or any party, wishes to examine the maintenance record officer. |
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| (6) If a party to any maintenance proceedings wishes to examine a maintenance record officer during a hearing of those proceedings, that party must submit to the Court, at least 5 working days before the date of that hearing, a written request to examine that maintenance record officer during that hearing. [S 617/2017 wef 01/11/2017] |
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115.—(1) The Judge may give directions on the conduct of the maintenance proceedings, which may include the following: | (a) | directions that the parties identify the relevant issues and address specific issues; | | (b) | directions as to the party to begin and the order of speeches at the proceedings. |
| (2) Subject to any directions given under paragraph (1), the party to begin and the order of speeches shall be that provided by this rule. |
| (3) The Judge hearing the maintenance proceedings may, if he thinks fit, at any time during the hearing, question or examine any witness in the proceedings. |
| (4) The applicant in maintenance proceedings shall begin by opening his case. |
(5) If the respondent elects not to adduce evidence —| (a) | the applicant may, after the evidence on his behalf has been given, make a second speech closing his case; and | | (b) | the respondent shall then state his case. |
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| (6) Paragraph (5) applies whether or not the respondent has in the course of cross‑examination of a witness for the applicant or otherwise put in a document. |
(7) If the respondent elects to adduce evidence, he may —| (a) | after any evidence on the applicant’s behalf has been given, open the respondent’s case; and | | (b) | after the evidence on the respondent’s behalf has been given, make a second speech closing his case. |
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| (8) At the close of the respondent’s case, the applicant may make a speech in reply. |
| (9) Where the evidence of all the parties and witnesses have been given by way of affidavit, the Judge may, if he thinks fit, direct that the maintenance proceedings be heard and determined without the cross‑examination of any party or witness. |
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116.—(1) The Judge may give directions on the conduct of the enforcement proceedings, which may include the following: | (a) | directions that the parties identify the relevant issues and address specific issues; | | (b) | directions as to the party to begin and the order of speeches at the proceedings; | | (c) | directions to limit cross‑examination of witnesses to specific issues. |
| (2) Subject to any directions given under paragraph (1), the party to begin and the order of speeches shall be that provided by this rule. |
| (3) The Judge hearing the enforcement proceedings may, if he thinks fit, at any time during the hearing, question or examine any witness in the proceedings. |
| (4) The applicant in enforcement proceedings shall begin by opening his case. |
(5) If the respondent in enforcement proceedings elects not to adduce evidence —| (a) | the applicant may, after the evidence on his behalf has been given, make a second speech closing his case; and | | (b) | the respondent shall then state his case. |
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| (6) Paragraph (5) applies whether or not the respondent has in the course of cross‑examination of a witness for the applicant or otherwise put in a document. |
(7) If the respondent elects to adduce evidence, he may —| (a) | after any evidence on the applicant’s behalf has been given, open the respondent’s case; and | | (b) | after the evidence on the respondent’s behalf has been given, make a second speech closing his case. |
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| (8) At the close of the respondent’s case, the applicant may make a speech in reply. |
| (9) If the respondent does not dispute the applicant’s claim and the entire amount of arrears claimed in the enforcement proceedings, the Judge may immediately direct the respondent to show cause why the maintenance order should not be enforced against the respondent. |
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117.—(1) Unless the Court otherwise directs, variation proceedings in respect of a maintenance order shall not operate as a stay of enforcement proceedings in respect of that maintenance order.(2) Where an application for the variation of a maintenance order under Part VIII or X of the Act and an application for the enforcement of a maintenance order under Part VIII of the Act have been filed in respect of the same maintenance order, the Court may at any stage of the proceedings —| (a) | if it thinks just, direct that both applications be heard together; and | | (b) | give such other directions as it thinks necessary for the just, expeditious and economical disposal of the proceedings. |
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| (3) Rules 114 and 115 apply where the applications referred to in paragraph (2) are directed to be heard together. |
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Division 5 — Garnishee proceedings
under Part VIII of Act |
118. In this Division, unless the context otherwise requires —| “applicant”, in relation to garnishee proceedings, means a person who applies for a garnishee order; |
| “defendant”, in relation to garnishee proceedings or proceedings under rule 131, means the person who fails to make one or more payments required to be made under a maintenance order; |
| “garnishee” means a person who is within the jurisdiction and from whom money is due or accruing due to the defendant; |
| “garnishee order” means an order made under section 71(1)(c); |
| “garnishee proceedings” means proceedings for the application of a garnishee order and includes proceedings which arise out of or are incidental to such application; |
| “maintenance order” has the same meaning as in section 80. |
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| Application for garnishee order |
119.—(1) A person who has applied for a maintenance order, or a person to whom the Court has directed maintenance to be paid, may apply for a garnishee order for the enforcement of the maintenance order.| (2) An application to a Family Court for a garnishee order must be made in accordance with the procedure under section 79(4). [S 301/2016 wef 01/07/2016] |
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| Powers of Court in garnishee proceedings |
120.—(1) Subject to any written law, the Court, may in an application for a garnishee order, at any time —| (a) | order the defendant to give to the Court, within the period specified in the order, a statement signed by him of —| (i) | the name and address of every garnishee; | | (ii) | such particulars of the nature and the amount of debt due or accruing due as may be specified in the order; and | | (iii) | such particulars of the defendant as may be specified in the order for the purpose of enabling the garnishee to identify the defendant; and |
| | (b) | order any person appearing to the Court to be a garnishee to give to the Court, within the period specified in the order, a statement signed by him or on his behalf of such particulars as may be required by the order of all debts due or accruing due to the defendant. |
| (2) A document purporting to be such a statement referred to in paragraph (1) shall, in the garnishee proceedings, be received in evidence and be deemed to be such statement without further proof unless the contrary is shown. |
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| Nature of garnishee order |
121.—(1) The Court may, in an application for a garnishee order, order the garnishee to pay the applicant —| (a) | the amount of any debt due or accruing due to the defendant from the garnishee; or | | (b) | so much of that amount as is sufficient to satisfy the outstanding amounts due under the maintenance order and the costs of the garnishee proceedings. |
(2) An order under paragraph (1) —| (a) | must, in the first instance, be an order to show cause, specifying the date, time and place for further consideration of the matter; | | (b) | must attach such debt referred to in paragraph (1), or so much of it as may be specified in the order, to satisfy the outstanding amounts due under the maintenance order and the costs of the garnishee proceedings; and | | (c) | must be in Form 34. |
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| (3) For the purpose of this rule, “any debt due or accruing due” includes an amount standing to the credit of the defendant in a current account or deposit account in a bank or other financial institution, whether or not it has matured and notwithstanding any restriction as to the mode of withdrawal. |
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| Service and effect of order to show cause |
122.—(1) An order under rule 121 to show cause must, at least 7 days before the time appointed by the order for the further consideration of the matter, be served —| (a) | on the garnishee; and | | (b) | unless the Court otherwise directs, on the defendant. |
| (2) Such an order shall bind in the hands of the garnishee, as from the service of the order on him, any debt specified in the order or so much of the debt as may be so specified. |
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| 123. Unless the Court otherwise directs, the service of any document on a garnishee must be undertaken by the Registrar by way of registered post. |
| No appearance or dispute of liability by garnishee |
124.—(1) Where, on the further consideration of the matter, the garnishee does not attend or does not dispute the debt claimed to be due from him to the defendant, the Court may, subject to rule 129, make an order absolute under rule 121 in the appropriate form in Form 35 against the garnishee.| (2) An order absolute under rule 121 against the garnishee may be enforced in the same manner as any other order for the payment of money made by a Court and Part 18 shall, with the necessary modifications, apply to such enforcement. |
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| Dispute of liability by garnishee |
125. Where, on the further consideration of the matter, the garnishee disputes liability to pay the debt claimed to be due from him to the defendant, the Court may —| (a) | summarily determine the question at issue; or | | (b) | order in Form 36 that any question necessary for determining the liability of the garnishee be tried in any manner in which any question or issue in an action may be tried. |
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| Certificate by bank or financial institution |
126. Where the garnishee is a bank or other financial institution, a certificate signed by an authorised officer of the bank or financial institution containing the following information may be received in evidence by the Court for the purposes of rules 124(1), 125 and 128:| (a) | information as to whether the bank or financial institution disputes the debt claimed to be due from the bank or financial institution to the defendant; | | (b) | if the matter in paragraph (a) is not disputed by the bank or financial institution, information as to the amount of the debt; and | | (c) | such other information as the Court may require. |
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| Service of order absolute, etc. |
127. An order absolute under rule 121 and an order under rule 125 must be served —| (a) | on the garnishee; and | | (b) | unless the Court otherwise directs, on the defendant. |
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128.—(1) If in garnishee proceedings it is brought to the notice of the Court that some person other than the defendant is or claims to be entitled to the debt sought to be garnished or has or claims to have a charge or lien upon it, the Court may order that person to attend before the Court and state the nature of the claim with particulars of the claim.(2) The Court may, after hearing the person who attended in compliance with an order under paragraph (1) —| (a) | summarily determine the question at issue between the claimants; or | | (b) | make such other order as it thinks just, including an order that any question or issue necessary for determining the validity of the claim of that person be tried in such manner referred to in rule 125. |
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| Applicant resident outside scheduled territories |
129.—(1) The Court must not make an order under rule 121 requiring the garnishee to pay any sum to or for the credit of any applicant outside the scheduled territories unless the applicant produces a certificate that the Monetary Authority of Singapore has given permission under the Exchange Control Act (Cap. 99) for the payment unconditionally or on conditions which have been complied with.| (2) If it appears to the Court that payment by the garnishee to the applicant will contravene any provision of the Exchange Control Act, the Court may order the garnishee to pay into Court the amount due to the applicant and the costs of the garnishee proceedings after deduction of his own costs. |
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130. Any payment made by a garnishee in compliance with an order absolute under this Division, and any execution levied against him pursuant to such an order, shall be a valid discharge of his liability to the defendant to the extent of the amount paid or levied, even if —| (a) | the garnishee proceedings are subsequently set aside; or | | (b) | the maintenance order from which the garnishee proceedings arose are reversed, set aside or varied. |
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131.—(1) Where money is standing to the credit of the defendant in Court, a person must not apply for a garnishee order under this Division in respect of that money but may apply to the Court by summons for an order that the money or so much of it as is sufficient to satisfy the sums outstanding under the maintenance order concerned and the costs of the application be paid to him.(2) On issuing a summons under this rule —| (a) | the applicant must produce the summons at the office of the Accountant‑General and leave a copy at that office; and | | (b) | the money to which the application relates must not be paid out of Court until after the determination of the application. |
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| (3) If the application is dismissed, the applicant must give notice of that fact to the Accountant‑General. |
| (4) Unless the Court otherwise directs, the summons must be served on the defendant at least 7 days before the day of the hearing of the summons. |
| (5) The Court hearing the application may make such order with respect to the money as it thinks just. |
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| Division 6 — Additional matters relating to procedure and practice for proceedings under Parts VII and VIII of Act |
131A.—(1) Despite anything in the Criminal Procedure Code (Cap. 68), a summons issued against a person under Part VIII of the Act (except an application made under section 69 or 70) may be served on that person —| (a) | by delivering it to that person personally; | | (b) | by addressing it to that person, and delivering it to an adult individual who is a member of that person’s family at the last known address of the place of residence of that person; | | (c) | by addressing it to that person, and delivering it to an adult individual apparently employed at the last known address of the place of business of that person; | | (d) | by sending it by prepaid registered post to the last known address of the place of residence or business of that person; | | (e) | by leaving a copy of the summons at the last known address of the place of residence or business of that person in an envelope addressed to that person; [S 523/2020 wef 01/07/2020] | | (f) | where the last known address of the place of residence, and the last known address of the place of business, of that person cannot be ascertained with reasonable diligence, by publishing a copy of the summons in the Gazette; [S 523/2020 wef 01/07/2020] | | (g) | by addressing it to that person, and transmitting it to an electronic mail address specified by that person in accordance with paragraph (4); or [S 523/2020 wef 01/07/2020] | | (h) | by addressing it to that person, and transmitting it to an electronic address, represented by a mobile telephone number, in a messaging system specified by that person in accordance with paragraph (5). [S 523/2020 wef 01/07/2020] |
| (2) Any summons sent by prepaid registered post in accordance with paragraph (1)(d) to the person against whom the summons is issued is to be treated as duly served on that person at the time when the summons would in the ordinary course of post be delivered. |
| (3) In proving service by prepaid registered post, it is sufficient to prove that the cover containing the summons was properly addressed, stamped and posted by prepaid registered post. [S 301/2016 wef 01/07/2016] |
(4) A summons may be served on a person in a manner specified in paragraph (1)(g) only if both of the following conditions are satisfied:| (a) | that person gives prior written consent for the summons to be served in that manner; | | (b) | that person specifies, in that written consent, the electronic mail address to which the summons is to be transmitted. |
[S 523/2020 wef 01/07/2020] |
(5) A summons may be served on a person in a manner specified in paragraph (1)(h) only if both of the following conditions are satisfied:| (a) | that person gives prior written consent for the summons to be served in that manner; | | (b) | that person specifies, in that written consent, the electronic address, represented by a mobile telephone number, in a messaging system, to which the summons is to be transmitted. |
[S 523/2020 wef 01/07/2020] |
| (6) A summons served on a person in a manner specified in paragraph (1)(g) is to be treated as duly served on that person at the time when the electronic mail containing the summons becomes capable of being retrieved by that person at the electronic mail address referred to in paragraph (1)(g). [S 523/2020 wef 01/07/2020] |
| (7) A summons served on a person in a manner specified in paragraph (1)(h) is to be treated as duly served on that person at the time when the electronic message containing the summons becomes capable of being retrieved by that person at the electronic address referred to in paragraph (1)(h). [S 523/2020 wef 01/07/2020] |
| (8) For the purposes of paragraphs (6) and (7), an electronic mail or message containing a summons is presumed to be capable of being retrieved by a person when it reaches the electronic mail address referred to in paragraph (1)(g) or the electronic address referred to in paragraph (1)(h), respectively, unless it is shown to be not capable of being retrieved. [S 523/2020 wef 01/07/2020] |
| (9) In this rule, “messaging system” means an information system that enables the transmission, through the Internet or a mobile telephone network, of messages (in whatever form). [S 523/2020 wef 01/07/2020] |
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131B.—(1) Despite anything in section 151(2) of the Criminal Procedure Code (Cap. 68), where an application under Part VIII of the Act is made by a complainant who is represented by an advocate and solicitor, the Magistrate to whom the complaint is made may, instead of complying with section 151(2)(a) of that Code —| (a) | allow the complainant to submit a written complaint which satisfies all of the following requirements:| (i) | the written complaint has been sworn or affirmed by the complainant before a commissioner for oaths or any other person duly authorised to administer oaths and affirmations; | | (ii) | the written complaint contains a declaration by the complainant that —| (A) | the matters stated in the written complaint are true and correct; and | | (B) | the complainant understands that the complainant commits an offence under section 199 of the Penal Code (Cap. 224) if the complainant makes, in the written complaint, any statement which is false, and which the complainant knows or believes to be false or does not believe to be true, touching any point material to the object for which the written complaint is made or used; and |
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| | (b) | examine the written complaint. [S 610/2016 wef 01/12/2016] |
(2) After examining the written complaint under paragraph (1)(b), the Magistrate may —| (a) | exercise any of the powers under section 151(2)(b), 152 or 153 of the Criminal Procedure Code; or | | (b) | postpone consideration of the matter until after the Magistrate has examined the complainant in person on oath or affirmation. [S 301/2016 wef 01/07/2016] |
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| Examination of complaint filed using electronic filing service under Division 68A of Part 18 |
131BA.—(1) Despite section 151(2) of the Criminal Procedure Code (Cap. 68) and rule 131B, where an application under Part VII or VIII of the Act is made by or on behalf of a complainant using the electronic filing service under Division 68A of Part 18 of these Rules, the Magistrate to whom the complaint is made may, instead of complying with section 151(2)(a) of that Code —| (a) | allow the complainant to file a written complaint that complies with paragraph (2); and | | (b) | examine that written complaint. |
(2) The written complaint —| (a) | if made by the complainant, must contain a declaration by the complainant that —| (i) | the matters stated in the written complaint are true and correct; and | | (ii) | the complainant understands that the complainant commits an offence under section 199 of the Penal Code (Cap. 224) if the complainant makes, in the written complaint, any statement which is false, and which the complainant knows or believes to be false or does not believe to be true, touching any point material to the object for which the written complaint is made or used; or |
| | (b) | if made on behalf of the complainant, must contain a declaration by an authorised agent of an authorised user that —| (i) | the authorised agent has verified the identity of the complainant; and | | (ii) | the authorised agent has read the matters stated in the written complaint over to the complainant in a language that the complainant understands, and the complainant has confirmed that those matters are true and correct. |
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(3) After examining the written complaint under paragraph (1)(b), the Magistrate may —| (a) | postpone consideration of the matter until after the Magistrate has examined the complainant in person on oath or affirmation; or | | (b) | if the written complaint is made by the complainant for an application under Part VIII of the Act, exercise any of the powers under section 151(2)(b) or 153 of the Criminal Procedure Code. |
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| (4) In this rule, “authorised agent” and “authorised user” have the same meanings as in rule 929B. [S 375/2017 wef 10/07/2017] |
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| Declaration of service of Court process servers |
131BB.—(1) A process server attached to the Family Justice Courts must, as soon as practicable after service of a summons issued under Part VII or VIII of the Act, file a declaration to the Registrar of such service using the electronic filing service under Division 68A of Part 18 of these Rules.| (2) Despite section 119 of the Criminal Procedure Code (Cap. 68), a declaration mentioned in paragraph (1) that has been filed in accordance with that paragraph is admissible in evidence. [S 375/2017 wef 10/07/2017] |
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| Relevant provisions of Criminal Procedure Code and other written law |
131C. For the purposes of section 79(4)(b)(ii), an application to a Family Court under Part VII or VIII of the Act is to be dealt with —| (a) | in accordance with only the provisions of the Criminal Procedure Code (Cap. 68) set out in the Sixth Schedule; and | | (b) | if the application involves the giving of evidence through a live video or live television link, in accordance with section 62A of the Evidence Act (Cap. 97). [S 301/2016 wef 01/07/2016] |
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