Rules of Court - Singapore Statutes Online

Supreme Court of Judicature Act

(Chapter 322, Section 80)

Rules of Court

R 5

G.N. No. S 71/1996

REVISED EDITION 2004

(29th February 2004)

[29th February 2004]

ORDER 1

CITATION, APPLICATION, DEFINITIONS AND FORMS

Citation (O. 1, r. 1)

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

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

2.—(1) Subject to the following provisions of this Rule, the Rules of the Subordinate Courts [1993 Ed] and Rules of the Supreme Court [1990 Ed] are hereby repealed.

(2) The transitional provisions and savings set out in the Schedule to this Order shall have effect.

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

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

Proceedings

Written Law

Applicable Provisions

1. Bankruptcy proceedings.

Bankruptcy Act (Chapter 20), s.166.

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

2. Proceedings relating to the winding up of companies.

Companies Act (Chapter 50), s. 410.

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

(b) Order 88 r. 2(5)

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

Parliamentary Elections Act, s.100.

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

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

Mental Disorders and Treatment Act, s.62.

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

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

Women’s Charter, s.139.

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

6. Criminal Proceedings.

Criminal Procedure Code (Chapter 68).

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

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

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

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

[S 234/2005 wef 07/04/2005]

(5) In the case of the proceedings mentioned in paragraph (4), nothing in that paragraph shall be taken as affecting any provision of any rules (whether made under the Act or any other written law) by virtue of which these Rules or any provisions thereof are applied in relation to any of those proceedings.

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

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

Definitions (O. 1, r. 4)

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

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

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

“cause book” means the book kept in the Registry in which the number of, and other details relating to, a cause or matter are entered;

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

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

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

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

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

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

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

“receiver” includes a manager or consignee;

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

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

“Sheriff” includes a bailiff of the Subordinate Courts;

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

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

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

“writ” means a writ of summons.

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

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

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

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

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

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

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

Forms (O. 1, r. 7)

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

THE SCHEDULE

Order 1, Rule 2(2)

Transitional Provisions and Savings

Part I

Provisions Relating to Proceedings in the Supreme Court

1. The following provisions of the Rules of the Supreme Court, 1970 shall continue to apply to any proceeding commenced before 1st August 1991:

(a)	ORDER 14;
(b)	ORDER 41, RULE 5;
(c)	ORDER 73, RULE 5 (1) and (2);
(d)	ORDER 81;
(e)	APPENDIX A, FORM 18; and
(f)	APPENDIX A, FORM 46 (paragraphs 22 to 29), and

Order 25, Rule 8 of these Rules shall not apply to any proceeding commenced before 1st August 1991.

2. The following provision of the Rules of the Supreme Court, 1970 shall continue to apply to any costs to which a party or person became entitled before 1st February 1992:

ORDER 59.

3. Order 90A, Form 63A and Form 118A of these Rules shall not apply to —

(a)	any cause or matter for hearing before the High Court in open Court in which the request for setting down, the application or the record of appeal, as the case may be, was filed on or before 1st July 1993;
(b)	appeals and applications before the Court of Appeal in which the record of appeal or the application was filed before 1st July 1993.

4. The following provision of the Rules of the Supreme Court, 1970 which was inserted by Rule 28 of the Rules of the Supreme Court (Amendment No. 2) Rules 1991 (S 281/91), as amended by Rule 11 of the Rules of the Supreme Court (Amendment) Rules 1991 (S 515/92), shall continue to apply to any appeal filed before 2nd May 1994 but on or after 2nd January 1993:

ORDER 57, RULE 9A.

5. Order 57, Rule 9A of these Rules shall not apply to any appeal to the Court of Appeal in respect of which the Registrar’s notice referred to in Order 57, Rule 5(2) of these Rules has been served before 2nd May 1994.

6. The following provision of the Rules of the Supreme Court, 1970, as amended by the Rules of the Supreme Court (Amendment No. 2) Rules 1991 (S 281/91), shall continue to apply to any appeal to the Court of Appeal in respect of which the Registrar’s notice referred to in Order 57, Rule 5(2) of these Rules has been served before 2nd May 1994 but in which the appeal was filed on or after 1st August 1991:

ORDER 57, RULES 6, 7, 8, 9, 10(2), 12, 13(4) and 14(4).

7. The following provision of the Rules of the Supreme Court, 1970 shall continue to apply to any appeal, application for leave or application for special leave to appeal made under the revoked Judicial Committee Act (Chapter 148) before 8th April 1994:

ORDER 58.

8. The following provision of the Rules of the Supreme Court, 1970 shall continue to apply to any writ of summons issued before these Rules come into operation:

ORDER 6, RULE 4 (1) and (2).

Part II

Provisions Relating to Proceedings in the Subordinate Courts

1. The following provisions of the Rules of the Subordinate Courts 1986 shall continue to apply to any proceedings commenced before 1st March 1992:

(a)	ORDER 14;
(b)	ORDER 41, RULE 5 (1);
(c)	ORDER 65, RULE 5 (2); and
(d)	SCHEDULE A, FORM 15.

2. The following provisions of the Rules of the Subordinate Courts 1986 shall continue to apply to any appeal filed before 1st March 1992:

(a)	ORDER 54, RULE 1 (2);
(b)	ORDER 54, RULE 3;
(c)	ORDER 54, RULE 4 (1); and
(d)	ORDER 54, RULE 7 (3).

3. The following provisions of the Rules of the Subordinate Courts 1986 shall continue to apply to any costs to which a party became entitled before 1st April 1992:

(a)	ORDER 56; and
(b)	ORDER 57.

4. The following provision of the Rules of the Subordinate Courts 1986 which was inserted by Rule 3 of the Rules of the Subordinate Courts (Amendment No. 3) Rules 1992 (S 283/92), shall continue to apply and have effect in respect of actions where the summons for directions has been heard and dealt with before 1st October 1992 and in the case of automatic directions where the directions have taken effect before that date:

SCHEDULE B, ITEM 18C.

5. The following provision of the Rules of the Subordinate Courts 1986 which was inserted by Rule 3 of the Subordinate Courts (Amendment No. 2) Rules 1992 (S 113/92), shall continue to apply to any writ issued before 1st July 1994 but on or after 1st April 1992:

ORDER 6, RULE 4.

6. The following provisions of the Rules of the Subordinate Courts 1986 which were inserted by the Rules of the Subordinate Courts (Amendment No. 3) Rules 1992 (S 283/92), shall continue to apply to any cause or matter for hearing before the Subordinate Courts in open court in which the request for setting down or the application, as the case may be, has been filed before 1st July 1994 but on or after 1st July 1992:

SCHEDULE B, ITEM 18B; and

SCHEDULE B, ITEM 18C.

7. The following provision of the Rules of the Subordinate Courts 1986 which was inserted by the Rules of the Subordinate Courts (Amendment No. 3) Rules 1992 (S 283/92), and the Rules of the Subordinate Courts (Amendment No. 4) Rules 1992 (S 424/92), shall continue to apply to any cause or matter for hearing before the Subordinate Courts in open court in which the request for setting down or the application, as the case may be, has been filed before 1st July 1994 but on or after 1st October 1992:

SCHEDULE B, ITEM 18C.

8. Order 90A, Form 63A of these Rules shall not apply to any cause or matter for hearing in the Subordinate Courts in open court in which the request for setting down or the application, as the case may be, was filed before 1st July 1994.

Search within Legislation