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 2014

(21st March 2014)

[1st April 1996]

ORDER 1

Citation, application, definitions and forms

Citation (O. 1, r. 1)

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

Repeal, transitional provisions and application (O. 1, r. 2)

2.—(1) Subject to this Rule, these Rules shall have effect in relation to all proceedings in the Supreme Court and State 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.

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

Proceedings

Written Law

Applicable Provisions

1.	Bankruptcy proceedings.

Bankruptcy Act (Cap. 20), s.166.

Order 63A and items 54 to 59 and 63 of Appendix B.

2.	Proceedings relating to the winding up of companies.

Companies Act (Cap. 50), s.410.

(a)	Order 63A and items 54 to 59 and 63 of Appendix B; and

(b)	Order 88, Rule 2(5).

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

Parliamentary Elections Act, s.100.

Order 63A and items 54 to 59 and 63 of Appendix B.

4.	Proceedings under Part X of the Women’s Charter (Cap. 353).

Women’s Charter, s.139.

Orders 55B, 55C, 55D, 57 and 63A and items 27 to 42, 54 to 60, 62 and 63 of Appendix B.

5.	Criminal proceedings.

Criminal Procedure Code (Cap. 68).

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

Limited Liability Partnerships Act (Cap. 163A), s.57.

(a)	Order 63A and items 54 to 59 and 63 of Appendix B; and

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

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

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

3. The Interpretation Act (Cap. 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 State Courts;

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

“Family Court proceedings” means proceedings which are heard by a District Judge or the Registrar sitting in the Family and Juvenile Justice Division of the State Courts including any transfer of such proceedings to the High 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 a 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 State Courts;

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

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

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

“receiver” includes a manager or consignee;

“Registry” means the Registry of the Supreme Court or the Registry of the State 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 (Cap. 99);

“Sheriff” includes a bailiff of the State Courts;

“sign”, in relation to the signing of documents by a Judge, Registrar or other officer of the Supreme Court or State Courts, includes the affixing of a facsimile signature of the Judge, Registrar or other officer, as the case may be;

“solicitor” has the same meaning as in the Legal Profession Act (Cap. 161) and includes the Attorney-General where he is a party to or appears on behalf of the Government in any proceedings;

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

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

“writ” means a writ of summons.

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

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

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 a 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. Subject to Order 63A, Rule 8(4), the Forms in Appendix A to these Rules shall be used where applicable with such variations as the circumstances of the particular case require.

Endnotes (O. 1, r. 8)

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

Construction of references to party, etc., in person (O. 1, r. 9)

9.—(1) In these Rules, for the purposes of any relevant matter or proceeding, unless the context otherwise requires —

(a)

a reference to a person, plaintiff or party who sues or acts in person, to a defendant or party who appears, defends or acts in person, to an appellant or a respondent who appears, who does not or fails to appear or who acts in person, or to a litigant in person includes a reference to —

(i)	a company or limited liability partnership represented by an officer of the company or limited liability partnership pursuant to leave given by the Court under paragraph (2);
(ii)	an unincorporated association (other than a partnership or a registered trade union) represented by an officer of the unincorporated association pursuant to leave given by the Court under paragraph (3); or
(iii)	a registered trade union represented by an officer of the trade union pursuant to section 26(6) of the Trade Unions Act (Cap. 333); and

(b)

a reference to the doing of any thing by any such person, plaintiff, party, defendant, appellant, respondent or litigant includes —

(i)	in any case where the person, plaintiff, party, defendant, appellant, respondent or litigant is a company or limited liability partnership referred to in sub-paragraph (a)(i), a reference to the doing of that thing by the officer of the company or limited liability partnership referred to in that sub-paragraph;
(ii)	in any case where the person, plaintiff, party, defendant, appellant, respondent or litigant is an unincorporated association referred to in sub-paragraph (a)(ii), a reference to the doing of that thing by the officer of the unincorporated association referred to in that sub-paragraph; or
(iii)	in any case where the person, plaintiff, party, defendant, appellant, respondent or litigant is a registered trade union, a reference to the doing of that thing by an officer of the registered trade union.

(2) For the purposes of section 34(1)(ea) of the Legal Profession Act (Cap. 161) and paragraph (1), the Court may, on an application by a company or a limited liability partnership, give leave for an officer of the company or limited liability partnership to act on behalf of the company or limited liability partnership in any relevant matter or proceeding to which the company or limited liability partnership is a party, if the Court is satisfied that —

(a)	the officer has been duly authorised by the company or limited liability partnership to act on behalf of the company or limited liability partnership in that matter or proceeding; and
(b)	it is appropriate to give such leave in the circumstances of the case.

(3) For the purposes of section 34(1)(eb) of the Legal Profession Act and paragraph (1), the Court may, on an application by an unincorporated association (other than a partnership or a registered trade union), give leave for an officer of the unincorporated association to act on behalf of the unincorporated association in any relevant matter or proceeding to which the unincorporated association is a party, if the Court is satisfied that —

(a)	the officer has been duly authorised by the unincorporated association to act on behalf of the unincorporated association in that matter or proceeding; and
(b)	it is appropriate to give such leave in the circumstances of the case.

(4) An application under paragraph (2) or (3) shall be supported by an affidavit —

(a)

stating —

(i)	the position or office in the company, limited liability partnership or unincorporated association held by the officer;
(ii)	the date on which, and the manner by which, the officer was authorised to act on behalf of the company, limited liability partnership or unincorporated association in that matter or proceeding; and
(iii)	the reasons why leave should be given for the officer to act on behalf of the company, limited liability partnership or unincorporated association in that matter or proceeding;

(b)

exhibiting a copy of any document of the company, limited liability partnership or unincorporated association by which the officer was authorised to act on behalf of the company, limited liability partnership or unincorporated association in that matter or proceeding; and

(c)

made by any other officer of the company, limited liability partnership or unincorporated association.

(5) For the purposes of section 34(1)(ea) and (eb) and (3) of the Legal Profession Act and in this Rule, “relevant matter or proceeding” means —

(a)	any matter or proceeding commenced in, or any appeal under any written law from any tribunal to, the Court of Appeal;
(b)	any matter or proceeding commenced in the High Court and any appeal from that matter or proceeding;
(c)	any matter or proceeding commenced in a District Court and any appeal from that matter or proceeding; and
(d)	any matter or proceeding commenced in a Magistrate’s Court and any appeal from that matter or proceeding,

whether or not that matter, proceeding or appeal was commenced before, on or after 1st May 2014.

[S 299/2014 wef 01/05/2014]

(6) In this Rule —

“company” means a company incorporated under the Companies Act (Cap. 50);

“Court” means —

(a)

the Court of Appeal, if the relevant matter or proceeding is —

(i)	any matter, proceeding or appeal referred to in paragraph (5)(a); or
(ii)	any appeal referred to in paragraph (5)(b), (c) or (d) to the Court of Appeal, in respect of which no leave has been given under paragraph (2) or (3) by a court below;

(b)

the High Court, if the relevant matter or proceeding is —

(i)	any matter, proceeding or appeal referred to in paragraph (5)(b); or
(ii)	any appeal referred to in paragraph (5)(c) or (d) to the High Court, in respect of which no leave has been given under paragraph (2) or (3) by a court below;

(c)

a District Court, if the relevant matter or proceeding is —

(i)	any matter, proceeding or appeal referred to in paragraph (5)(c); or
(ii)	any appeal referred to in paragraph (5)(d) under Order 55B, in respect of which no leave has been given under paragraph (2) or (3) by a Magistrate’s Court; or

(d)

a Magistrate’s Court, if the relevant matter or proceeding is any matter, proceeding or appeal referred to in paragraph (5)(d);

[S 299/2014 wef 01/05/2014]

“limited liability partnership” means a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A);

“manager”, in relation to a limited liability partnership, has the same meaning as in the Limited Liability Partnerships Act;

“officer” —

(a)	in relation to a company, means any director or secretary of the company, or a person employed in an executive capacity by the company;
(b)	in relation to a limited liability partnership, means any partner in or manager of the limited liability partnership;
(c)	in relation to an unincorporated association (other than a partnership or a registered trade union), means the president, the secretary, or any member of the committee of the unincorporated association; or
(d)	in relation to a registered trade union, has the same meaning as in the Trade Unions Act;

“partner”, in relation to a limited liability partnership, has the same meaning as in the Limited Liability Partnerships Act;

“registered trade union” has the same meaning as in the Trade Unions Act.

THE SCHEDULE

[Deleted by S 637/2006]

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