| | | | | | | | | Upon the application of the plaintiff (or the defendant) in this action and upon reading the affidavit of filed the day of 20 , and upon hearing |
| It is ordered that Suit/Originating Summons No. be consolidated with Suit/Originating Summons No. and do proceed as one action and it is further ordered that the title of Suit/Originating Summons No. be amended by adding to it the titles of (state the numbers of the suits/originating summonses which are being consolidated) and that all subsequent documents be filed in Suit/Originating Summons No. (state any other orders or directions given by the Court). |
| | | # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | | IN THE GENERAL DIVISION OF
THE HIGH COURT/STATE COURTS OF
THE REPUBLIC OF SINGAPORE |
| | | | To THE DEFENDANT(S) [name] |
| THIS WRIT OF SUMMONS has been issued against you by the abovenamed Plaintiff(s) in respect of the claim endorsed herein. Within days after the service of this Writ on you, you must either satisfy the claim or cause an appearance to be entered for you using the electronic filing service and in default of your so doing the Plaintiff(s) may proceed with the action and judgment may be entered against you without further notice. |
| | Solicitor for the Plaintiff(s). |
| | | | Registrar
Supreme Court/State Courts,
Singapore. |
| | (Note: | If any defendant is outside the jurisdiction, a separate period of time for entering appearance must be inserted.) |
|
| Memorandum to be subscribed on the writ |
| This writ may not be served more than (a) 6 months after the above date, or (b) 12 months after the above date where leave to serve out of jurisdiction has been obtained, unless renewed by order of the Court. |
| The defendant(s) may enter an appearance(s) either personally or by a solicitor at the Registry of the Supreme Court/State Courts. |
| Endorsements to be made on writ before issue. |
| Endorsement of claim/statement of claim. |
| | (Set out the endorsement or statement of claim). |
| (If the plaintiff’s claim is for a debt or liquidated demand only, the following endorsement must be added at the foot of the claim:) |
| And $ (or such sum as may be allowed on taxation) for costs, and also, if the plaintiff obtains an order for substituted service, the further sum of $ (or such sum as may be allowed on taxation). If the amount claimed and costs be paid to the plaintiff or his solicitor within days after service hereof, further proceedings will be stayed. |
| Where the Writ of Summons is endorsed with a Statement of Claim the following must be added: |
| Note: If the defendant enters an appearance, then he must also serve a defence on the solicitor for the plaintiff within 14 days after the last day of the time limited for entering an appearance, otherwise judgment may be entered against him without further notice. |
| (If the plaintiff sues, or the defendant is sued, in a representative capacity, this must be stated in the endorsement of claim). |
| | Endorsement as to solicitor and address. |
| This writ is issued by of solicitor for the said plaintiff whose address is (or where the plaintiff sues in person). This writ is issued by the said plaintiff who resides at and is (state occupation) and (if the plaintiff does not reside within the jurisdiction) whose address for service is . |
| Endorsement as to service. |
This writ was served by by way of personal service (or as may be) (state manner of service or in accordance with the terms of an order for substituted service) on the defendant (who is known to me) (or who was pointed out to me by )
(or who admitted to me that he was )
at (place) on the day of 20 . |
| Endorsed this day of 20 . |
| |
|
[S 1043/2020 wef 02/01/2021] | | | NOTICE OF RENEWAL OF WRIT |
| | | Renewed for months from the day of 20 by an order of Court dated the day of 20 . |
| |
|
| | | | IN THE GENERAL DIVISION OF
THE HIGH COURT/STATE COURTS OF
THE REPUBLIC OF SINGAPORE |
| O.S. No. )
of 20 . )
(Seal) )
(In the matter of ) |
| To THE DEFENDANT(S) [name] |
| | Let all parties concerned attend before the Judge (or Registrar) on (date/time), on the hearing of an application by the plaintiff that . |
| Memorandum to be subscribed on the summons |
| This summons is taken out by of solicitor for the said plaintiff whose address is (or where the plaintiff sues in person). This summons is taken out by the said plaintiff who resides at and is (state occupation) and (if the plaintiff does not reside within the jurisdiction) whose address for service is . |
| Note: This summons may not be served more than 6 months after the above date unless renewed by order of the Court. |
| If a defendant does not attend personally or by his counsel or solicitor at the time and place abovementioned, such order will be made as the Court may think just and expedient. |
| Unless otherwise provided in any written law, where the plaintiff intends to adduce evidence in support of an originating summons, he must do so by affidavit, and must file the affidavit or affidavits and serve a copy thereof on every defendant not later than 7 days after the service of the originating summons. |
| |
|
[S 1043/2020 wef 02/01/2021] | | | EX PARTE ORIGINATING SUMMONS |
| | IN THE GENERAL DIVISION OF
THE HIGH COURT/STATE COURTS OF
THE REPUBLIC OF SINGAPORE |
| O.S. No. )
of 20 . )
(Seal)
(In the matter of ) |
| Let all parties concerned attend before the Judge (or Registrar) on (date/time), on the hearing of an application by that . |
| This summons is taken out by of solicitor for the applicant whose address is . |
| Note: Unless otherwise provided in any written law, the applicant must file a supporting affidavit or affidavits at the time of filing of the originating summons. |
| |
|
[S 1043/2020 wef 02/01/2021] | | | | | The writ of summons herein was served on — |
| Capacity in which person is served: (The defendant) (or as may be). |
| On: (Day, date and time of service). |
| Method of service: (State how service effected). |
| Issued by: (Solicitors for the ). |
| |
|
| | AFFIDAVIT FOR LEAVE TO SERVE
ORIGINATING PROCESS OUT OF SINGAPORE |
| | | I, (name, address and description of deponent), do make oath (or affirm) and say as follows: |
| 1. | I am the plaintiff (or as may be) in this action. |
|
| 2. | This application is made pursuant to Order 11, Rule 1 (specify the paragraphs). |
|
| 3. | The facts in support of paragraph 2 are |
|
| 4. | I verily believe that I have a good cause of action against the abovenamed defendant (state the facts, or refer to the Statement of Claim filed, or exhibit a copy of the proposed Statement of Claim, or refer to the originating process and any affidavits filed therein). |
|
| 5. | The defendant is presently residing (or carrying on business) at in the State of . |
|
| 6. | days will probably be sufficient for the defendant to enter an appearance in the Registry of the Supreme Court/State Courts. |
|
| 7. | I apply for leave to serve the writ (or as may be) on the defendant at or elsewhere as he may be found in the State of . |
|
| 8. | It is necessary/not necessary to extend the validity of this writ (and if necessary, to state how long). |
|
| Sworn (or affirmed) as in Form 78. |
| |
|
| | ORDER FOR SERVICE OF
DOCUMENT OUT OF SINGAPORE |
| | | Upon the application of the plaintiff and upon reading the affidavit of filed the day of 20 and upon hearing , |
| 1. The plaintiff have leave to serve a sealed copy of the writ of summons on the defendant at (address at which defendant to be served) or elsewhere in the State of . |
| 2. The time for entry of an appearance in this action by the defendant be days after service on him of the writ of summons (or as may be). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | REQUEST FOR SERVICE OF DOCUMENT
OUT OF SINGAPORE |
| | | We hereby request that the writ of summons (or as may be, describing the document including translation, if applicable) in this action be sent through the proper channel to (name of country) for service on the (defendant) , at or elsewhere in (name of country) and that it may be served — |
| (i) | through the government of (where the government is willing to effect service). |
|
| (ii) | through the judicial authority of . |
|
| (iii) | through a Singapore consular authority at . |
|
| (delete which methods not desired) |
| We hereby undertake to be responsible personally for all expenses incurred by the Minister in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the office of the said Minister and to produce a receipt for the payment to the proper officer in the Registry. |
| |
|
| O. 12, r. 2
O. 15, r. 3
O. 15, r. 8
O. 16, r. 4 |
| | | | | | | Appearance is entered for the following parties in this action: |
| Appearing party type: (e.g. 1st Defendant) |
| Where appearing party is represented by solicitors |
Solicitor’s contact particulars:
(tel.); (fax); (email). |
| Where appearing party is acting in person |
| Address for service within jurisdiction (if residential address is outside jurisdiction): |
Other contact particulars:
(tel.); (fax); (email). |
| The statement of claim is (required / not required) to be filed and delivered. |
| Issued by: (Solicitors for the ). |
| |
|
| | NOTICE TO BE ENDORSED ON
COPY OF COUNTERCLAIM |
| | | Take notice that, if you intend to defend this counterclaim, an appearance must be entered to the counterclaim on your behalf within 8 days (or if the counterclaim is to be served out of the jurisdiction, insert here the time fixed by the order giving leave to serve the counterclaim out of the jurisdiction) using the electronic filing service after the service of this defence and counterclaim on you, otherwise judgment may be given against you without further notice. |
| Directions for entering appearance. |
| The person served with this counterclaim may enter an appearance in person or by a solicitor at the Registry of the Supreme Court/State Courts using the electronic filing service. |
| |
|
| | | | | | | | (1) An action has been begun in the General Division of the High Court/State Courts in accordance with the writ of summons/originating summons attached hereto. |
| | (2) You are or may be one of the persons who is interested in the estate/trust property to which the action relates. |
| | (3) You may within 8 days after service of this notice enter an appearance using the electronic filing service and thereby become a party to the action. |
| | (4) If you do not enter an appearance you will be bound by any judgment given in the action as if you were a party to it. |
| | | | | Directions for entering appearance. |
| |
|
[S 1043/2020 wef 02/01/2021] | | THIRD PARTY NOTICE CLAIMING
CONTRIBUTION OR INDEMNITY OR
OTHER RELIEF OR REMEDY |
| | IN THE GENERAL DIVISION OF
THE HIGH COURT/STATE COURTS OF
THE REPUBLIC OF SINGAPORE |
| | | | | | | | | | (Issued pursuant to the order of (name of Judge) dated the day of 20 .) |
| Take notice that this action has been brought by the plaintiff against the defendant. In it the plaintiff claims against the defendant (state the nature of the plaintiff’s claim) as appears from the writ of summons (or originating summons) a copy whereof if served herewith (together with a copy of the statement of claim or originating summons). |
| The defendant claims against you (state the nature of the claim against the third party as for instance to be indemnified against the plaintiff’s claim and the costs of this action or contribution to the extent of (one half) of the plaintiff’s claim or the following relief or remedy namely on the grounds that (state the grounds of the claim)). |
| (Note: In an action begun by writ, the following notice must be inserted.) |
| And take notice that if you wish to dispute the plaintiff’s claim against the defendant, or the defendant’s claim against you, an appearance must be entered on your behalf within 8 days (or if the notice is to be served out of jurisdiction insert the time of appearance fixed by the order giving leave to issue the notice and serve it out of jurisdiction) using the electronic filing service after the service of this notice on you, otherwise you will be deemed to admit the plaintiff’s claim against the defendant and the defendant’s against you and your liability to (indemnify the defendant or to contribute to the extent claimed or to stating the relief or remedy) and will be bound by any judgment or decision given in the action, and the judgment may be enforced against you in accordance with Order 16 of the Rules of Court. |
| Solicitor for the defendant. |
| Directions for entering appearance. |
| The person served with this notice may enter an appearance in person or by a solicitor at the Registry of the Supreme Court/State Courts using the electronic filing service. |
| |
|
[S 1043/2020 wef 02/01/2021] | | THIRD PARTY NOTICE WHERE QUESTION
OR ISSUE TO BE DETERMINED |
| | | (Title etc., as in Form 16 down to end of first paragraph) |
| The defendant requires that the following question or issue, viz., (state the question or issue required to be determined) should be determined not only between the plaintiff and the defendant but also between either or both of them and yourself. |
| (Note: In an action begun by writ, the following notice must be inserted.) |
| And take notice that if you wish to be heard on the said question or issue or to dispute the defendant’s liability to the plaintiff or your liability to the defendant, an appearance must be entered on your behalf within 8 days (or if the notice is to be served out of the jurisdiction, insert the time for appearance fixed by the order giving leave to issue the notice and serve it out of the jurisdiction) using the electronic filing service after the service of this notice on you, otherwise you will be bound by any judgment or decision given in the action in so far as it is relevant to the said question or issue, and the judgment may be enforced against you in accordance with Order 16 of the Rules of Court. |
| Solicitor for the defendant. |
| Directions for entering appearance. |
| |
|
| | SUMMONS FOR LEAVE TO ISSUE
A THIRD PARTY NOTICE |
| | | Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
| 1. | Leave to issue a third party notice, a copy of which is attached herein. |
|
| 2. | The costs of this application be . |
|
| Grounds of application: (State the grounds here) or (As set out in the affidavit of [name]). |
| Issued by: (Solicitors for the ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | SUMMONS FOR THIRD
PARTY DIRECTIONS |
| | | To: The third party (and his solicitors). |
| Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
| 1. | The defendant serve a statement of claim on the said third party within days from this date, who shall plead thereto within days. |
|
| 2. | (State any other directions as may be required). |
|
| 3. | The said third party be at liberty to appear at the trial (or hearing) of this action, and take such part as the Judge shall direct, and be bound by the result of the trial (or hearing). |
|
| 4. | The question of the liability of the said third party to indemnify the defendant be tried at the trial (or hearing) of this action, but subsequent thereto. |
|
| 5. | The costs of this application be costs in the cause and in the third party proceedings. |
|
| Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
| Issued by: (Solicitors for the ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | ORDER FOR THIRD PARTY DIRECTIONS |
| | | Upon the application of and upon hearing and for the plaintiff and for the defendant and for the third party. |
| (In an action begun by writ) It is ordered that the defendant serve a statement of his claim on the said third party within days from this date, who shall plead thereto within days. |
| (State any other directions that had been ordered). |
| And that the said third party be at liberty to appear at the trial (or hearing) of this action, and take such part as the Judge shall direct, and be bound by the result of the trial (or hearing). And that the question of liability of the said third party to indemnify the defendant be tried at the trial (or hearing) of this action, but subsequent thereto. |
| And that the costs of this application be |
| |
|
| | NOTICE BY CLAIMANT OF PROPERTY
TAKEN IN EXECUTION |
| | | Take notice that I of claim the following property that has been taken in execution in this action at (state address) on the day of 20 : |
(State the money, goods or other movable property claimed
and the grounds for the claim). |
| My address for service is: |
| To the Sheriff/bailiff and the execution creditor (or solicitor for execution creditor). |
| |
|
| | NOTICE BY SHERIFF/BAILIFF OF PROPERTY
TAKEN IN EXECUTION |
| | | Take notice that of has claimed the following property (specify the property claimed) taken in execution by me under the writ of seizure and sale issued in this action. |
| If within 4 days after receiving this notice, you give notice to me that you admit the claim of the said to the said property or request me to withdraw from possession in Form 24 you will not be liable for any costs incurred after the receipt by me of your notice. |
| To the execution creditor (or solicitor for execution creditor). |
| |
|
| | NOTICE BY EXECUTION CREDITOR OF
PROPERTY TAKEN IN EXECUTION |
| | | Take notice that I admit (or dispute) the claim of to the property seized by you (or I request you to withdraw from possession) under the writ of seizure and sale issued in this action. |
| | Execution Creditor
(or solicitor for execution creditor). |
| | To the Sheriff/bailiff and the claimant (or solicitor for the claimant). |
| |
|
| | STATEMENT IN SUPPORT OF
AN INTERPLEADER SUMMONS:
BY SHERIFF/BAILIFF |
| | | 1. On (date), of gave me notice that he claimed the following property (specify the property claimed) taken by me in execution under (the writ of seizure and sale) issued in this action. |
| 2. On (date), I notified the execution creditor of the said claim. He does not admit the claim and has not requested me to withdraw from possession of the property claimed. |
| 3. I value the property claimed at approximately $ . I claim no interest in the subject-matter in dispute other than commission fees and expenses of execution. |
| 4. I do not in any manner collude with any of the parties herein. |
| |
|
| | AFFIDAVIT IN SUPPORT OF AN
INTERPLEADER SUMMONS BY A PERSON
UNDER LIABILITY |
| | (In a pending action application as in Form 60,
in any other case by an originating summons) |
| I, of (if in an action, the abovenamed defendant) do make oath (or affirm) and say as follows: |
| 1. (If in an action.) This action is brought to recover (state what) claimed by the plaintiff but I have received a claim adverse to that of the plaintiff from of (or, if no action), I have received adverse claims from of and of to (state what) which is of the approximate value of $ . |
| I expect to be sued on these claims by the said claimant. |
| 2. I claim no interest in the subject-matter in dispute (other than the sum of $ for costs or charges) (or as the case may be). I do not in any manner collude with either (or any) of the said claimants. |
| 3. I am ready and willing to bring into Court or to pay or dispose of the subject-matter in dispute in such manner as the Court may direct. |
| Sworn (or affirmed) as in Form 78. |
| |
|
| | | | | | (a) | To Execution Creditor. |
|
| | Whereas the above claimant has made a claim to certain property taken in execution under process issued out of this Court at your instance: |
| | You are hereby summoned to appear before the General Division of the High Court/State Courts on (date/time) when the said claim will be adjudicated upon and such order made thereon as the Court shall think just. |
| | | # This form requires sealing by the Court and the signature of the Registrar. |
| | | | | The execution creditor (or solicitor for execution creditor). |
| | | You are hereby summoned to appear before the General Division of the High Court/State Courts on (date/time) to support a claim made by you to certain property taken in execution under process issued out of this Court at the instance of the execution creditor and in default of your then establishing such claim the said property will be dealt with under the said process as property of the execution debtor. |
| | | # This form requires sealing by the Court and the signature of the Registrar. |
| | | | | The claimant (or solicitor for claimant). |
| | (c) | To a plaintiff or a claimant in a pending action. |
|
| | Whereas the defendant in this action has filed an affidavit (a copy of which is hereto annexed) stating that he has received a claim from of to (part of) the subject-matter of this action: |
| | You are hereby summoned to appear before the General Division of the High Court/State Courts on (date/time) when the Court will adjudicate upon the rights and claims of yourself, the defendant and the (In summons to claimant not a plaintiff in the action, add: A copy of the writ of summons and statement of claim in this claim in this action is hereto annexed). |
| | | # This form requires sealing by the Court and the signature of the Registrar. |
| | | | | (State the name and address of the person to be summoned). |
| |
|
[S 1043/2020 wef 02/01/2021] | | JUDGMENT (OR ORDER)
ON INTERPLEADER SUMMONS |
| | | Upon this Interpleader Summons (or Originating Summons) coming up for hearing before His Honour on the day of 20 and upon hearing the evidence adduced and what was alleged by the parties (or their counsel) (Insert the appropriate Operative Part). |
| It is adjudged touching the claim of to (specify the property) (or to the proceeds of sale (or value) of (specify the property)) taken in execution under process issued out of this Court at the instance of execution creditor, that the said (specify the property) (or proceeds of sale) (or value) (or part of the said property) (or proceeds of sale (or value)) namely (specify same) is (or are) not the property of the claimant. |
| And it is ordered that the said do pay to the said the sum of $ for costs (and the sum of $ for extra expenses of execution and keeping possession occasioned by the claim). [Insert directions as to disposal of any money in Court.] |
| | It is this day adjudged touching the claims of the plaintiff and the claimant to (part of) the subject-matter of this action that the claim of the plaintiff (or claimant) is valid and that the claimant (or plaintiff) has no claim thereto. |
| (And it is further adjudged that the plaintiff (or claimant) do recover against the defendant the sum of $ for debt and $ for costs amounting together to the sum of $ ). |
| (And it is ordered — here insert any order for delivery of the property). |
| And it is further adjudged that the plaintiff (or claimant) do recover the sum of $ from the claimant (or plaintiff) for costs (add if any costs awarded to the defendant against the plaintiff or claimant: |
| And it is further adjudged that the defendant do recover the sum of $ for costs from the plaintiff (or claimant)). |
| (If the claimant fails to appear and an order is made barring his claim proceed as follows: |
| And the claimant not appearing, it is declared that the said and all persons claiming under him be forever barred as against the plaintiff and all persons claiming under him). |
| | It is this day adjudged (here set out the judgment determining the claim as between the applicant and any claimant who appears or, if all the claimants appear, the judgment determining the rights and claims of all parties and any order as to payment, or delivery of the property and costs) |
| (If any claimant fails to appear and an order is made barring his claim proceed as follows: |
| And the claimant not appearing, it is declared that the said and all persons claiming under him be forever barred as against the applicant and all persons claiming under him). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | PARTICULARS SERVED PURSUANT TO
REQUEST OR ORDER |
| | | Further and better particulars of the statement of claim (or defence or as may be). |
| Served pursuant to request (or order) dated the day of 20 . |
| (Here set out in numbered paragraphs the particulars requested (or ordered) and the answers to them). |
| |
|
| | | | | Take notice that the plaintiff wholly (or specify the part) discontinues this action (or the defendant wholly (or specify the part) withdraws the defence or discontinues his counterclaim) against the defendant (plaintiff). |
| To the Registrar and the other parties to the action. |
| |
|
| | | NOTICE OF PAYMENT INTO COURT |
| | | To the Registrar, the plaintiff and the other defendants. |
| The defendant has paid $ into Court. |
| The said $ is in satisfaction of (the cause of action) (all the causes of action) in respect of which the plaintiff claims (and after taking into account and satisfying the abovenamed defendant’s cause of action for in respect of which he counterclaims). |
| The said $ is in satisfaction of the following causes of action in respect of which the plaintiff claims, namely, (and after taking into account as above). |
| Of the said $ , $ is in satisfaction of the plaintiff’s cause(s) of action for (and after taking into account as above) and $ is in satisfaction of the plaintiff’s cause(s) of action for (and after taking into account as above). |
| |
|
| | NOTICE OF ACCEPTANCE OF MONEY
PAID INTO COURT |
| | | Take notice that the plaintiff accepts the sum of $ paid in by the defendant in satisfaction of the cause(s) of action in respect of which it was paid in and in respect of which the plaintiff claims (against that defendant) (and abandons the other causes of action in respect of which he claims in this action). |
| To the Registrar and the defendant. |
| |
|
| | | | | The (identify party) offers to settle this proceeding (or the following claims in this proceeding) on the following terms: (set out terms in consecutively numbered paragraphs). |
| (Name, address, telephone and fax number of solicitor or party making offer) |
| To: (Name and address of solicitor or party to whom offer is made) |
| |
|
| | | NOTICE OF WITHDRAWAL OF OFFER |
| | | The (identify party) withdraws the offer to settle dated the day of 20 . |
| (Name, address, telephone and fax number of solicitor or party giving notice) |
| To: (Name and address of solicitor or party to whom notice is given) |
| |
|
| | | | | The (identify party) accepts your offer to settle dated the day of 20 (on the following terms). |
| (Name, address, telephone and fax number of solicitor or party accepting offer) |
| To: (Name and address of solicitor or party whose offer is accepted) |
| |
|
| | | | | The defendant (name of defendant making offer) offers to contribute to a settlement of the plaintiff’s claim on the following terms: (set out terms in consecutively numbered paragraphs). |
| (Name, address, telephone and fax number of solicitor or party making offer) |
| To: (Name and address of solicitor or party to whom offer is made) |
| |
|
| | | | | The following is a list of the documents relating to the matters in question in this action which are or have been in the possession, custody or power of the abovenamed plaintiff (or defendant) and which is served in compliance with the order herein dated the day of 20 . |
| 1. The plaintiff (or defendant) has in his possession, custody or power the documents relating to the matters in question in this action enumerated in Schedule 1 hereto. |
| 2. The plaintiff (or defendant) objects to produce the documents enumerated in Part 2 of Schedule 1 on the ground that (stating the ground of objection). |
| 3. The plaintiff (or defendant) has had, but has not now, in his possession, custody or power the documents relating to the matters in question in this action enumerated in Schedule 2 hereto. |
| 4. Of the documents in Schedule 2, those numbered in the Schedule were last in the plaintiff’s (or defendant’s) possession, custody or power on (stating when) and the remainder on (stating when). |
| (State what has become of the said documents and in whose possession they now are.) |
| 5. Neither the plaintiff (or defendant), nor his solicitor nor any other person on his behalf, has now, or ever had, in his possession, custody or power any document of any description whatever relating to any matter in question in this action, other than the documents enumerated in Schedules 1 and 2 hereto. |
| | (Enumerate in a convenient order the documents (or bundles of documents, if of the same nature, such as invoices) in the possession, custody or power of the party in question which he does not object to produce, with a short description of each document or bundle sufficient to identify it.) |
| (Enumerate as aforesaid the documents in the possession, custody or power of the party in question which he objects to produce.) |
| (Enumerate as aforesaid the documents which have been, but at the date of service of the list are not, in the possession, custody or power of the party in question.) |
| Take notice that the documents in the above list, other than those listed in Part 2 of Schedule 1 (and Schedule 2), may be inspected at (the office of the solicitor of the abovenamed (plaintiff) (defendant) (insert address) or as may be) on the day of 20 , between the hours of and . |
| To the defendant (or plaintiff) |
| |
|
| | | AFFIDAVIT VERIFYING LIST OF DOCUMENTS |
| | | I, the above-named plaintiff (or defendant) do make oath (or affirm) and say as follows: |
| 1. The statements made by me in paragraphs 1, 3 and 4 of the list of documents now produced and shown to me marked are true. |
| 2. The statements of fact made by me in paragraph 2 of the said list are true. |
| 3. The statements made by me in paragraph 5 of the said list are true to the best of my knowledge, information and belief. |
| 4. I am aware that the failure to comply with my obligation under Order 24, Rule 1 of the Rules of Court may result in the Court making any order(s) under Order 24, Rule 16 and Order 59, Rule 7. |
| This affidavit is filed on behalf of the plaintiff (or defendant). |
| Sworn (or affirmed) as in Form 78. |
| |
|
| | | NOTICE TO INSPECT DOCUMENTS |
| | | Take notice that you can inspect the documents mentioned in your notice of the day of 20 (except the deed numbered in that notice) at my office on the day of between the hours of m. and m. |
| |
|
| | NOTICE TO PRODUCE DOCUMENTS
REFERRED TO IN PLEADINGS OR AFFIDAVITS |
| | | Take notice that the plaintiff (or defendant) requires you to produce for his inspection, the following documents referred to in your pleading (or affidavit) namely: |
| (Describe documents required). |
| |
|
| | NOTICE WHERE DOCUMENTS
MAY BE INSPECTED |
| | | Take notice that the documents mentioned in your notice of the day of 20 (except the deed numbered in that notice) may be inspected at (insert place of inspection) on the day of 20 between the hours of m. and m. |
| (Or, that the plaintiff (or defendant) objects to giving inspection of the documents mentioned in your notice of the day of 20 , on the ground that (state the ground)). |
| |
|
| | ORDER FOR PRODUCTION OF
DOCUMENTS AND INSPECTION |
| | Upon the application of and upon reading the affidavit of filed the day of 20 , and upon hearing
. |
| It is ordered that the do, on reasonable notice, produce at (insert place of inspection), situate at the following documents, namely , and that the be at liberty to inspect and peruse the documents so produced, and to make notes of their contents, and be entitled to be supplied with copies thereof on payment of the proper charges. And it is ordered that in the meantime all further proceedings be stayed, and that the costs of this application be |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | ORDER FOR PRODUCTION OF
DOCUMENTS IN
MARINE INSURANCE ACTION |
| | | Upon hearing [and upon reading the affidavit of filed the day of 20 ]: |
| It is ordered that the plaintiff and all other persons interested in this action, and in the insurance the subject of this action, do produce and show to the defendant, his solicitors or agents on oath [or by oath of their proper officer] all insurance slips, policies, letters of instruction or other orders for effecting such slips or policies, or relating to the insurance or the subject-matter of the insurance on the ship or the cargo on board thereof, or the freight thereby, and also all documents relating to the sailing or alleged loss of the said ship, cargo or freight, and all correspondence with any person relating in any manner to the effecting of the insurance on the ship, cargo or freight or any other insurance whatsoever affected on the said ship, cargo or freight, on the voyage insured by the policy sued on in this action, or any other policy whatsoever effected on the said ship, or the cargo on board thereof, or the freight thereby on the same voyage. Also all correspondence between the captain or agent of the ship and any other person with the owner or any person before the commencement of or during the voyage on which the alleged loss happened. Also all books and documents, whatever their nature and whether originals, duplicates or copies, which in any way relate or refer to any matter in question in this action and which are now in the possession, custody or power of the plaintiff or any other person on his behalf, his or their, or any of their brokers, solicitors or agents to inspect and take copies of, or extracts from, any of those books or documents. And that in the like manner the plaintiff and every other person interested as aforesaid do account for all other books and documents relating or referring to any matter in question in this action which were once but are not now in his possession, custody and power. |
| And that [in the meantime all further proceedings be stayed and that] the costs of and occasioned by this application be costs in the action. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | SUMMONS FOR DIRECTIONS
PURSUANT TO ORDER 25 |
| | | To: The defendant (and his solicitors). |
| Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
| 1. This action be consolidated with action(s) in the following Suit Number(s): |
| 2. This action be referred to the Registrar. The costs of this application be costs in the cause. |
| 3. The action be (or by consent) transferred to the . The costs of this application be in the discretion of the . |
| 4. Unless the plaintiff gives security for the defendant’s costs within days in the sum of $ to the satisfaction of the Registrar, the action be transferred to the with stay meanwhile. The costs of this application be in the discretion of the (and if the security is paid, the directions shall be as follows: ). |
| 5. The plaintiff have leave to amend the writ by . The service of the writ and the defendant’s appearance do stand. The costs incurred and thrown away by the amendment be the defendant’s in any event. |
| 6. The plaintiff have leave to amend the statement of claim as shown in the document served herewith and to re-serve the amended statement of claim in days. Thereafter the defendant have leave to serve an amended defence (if so advised) in days. The plaintiff have leave to serve an amended reply (if so advised) in days. The costs of and thrown away by the amendments be the defendant’s in any event. |
| | 7. The defendant have leave to amend the defence as shown in this summons and to re-serve the amended defence in days. Thereafter, the plaintiff have leave to re-serve an amended reply (if so advised) in days. The costs of and thrown away as a result of the amendments be the plaintiff’s in any event. |
| | 8. The plaintiff serve on the defendant the further and better particulars of the statement of claim specified in this summons within days. |
| 9. The defendant serve on the plaintiff the further and better particulars of the defence specified in the document served herewith within days. |
| 10. The plaintiff serve on the defendant the further and better particulars of the reply specified in this summons within days. |
| 11. The plaintiff give security for the defendant’s costs to the satisfaction of the Registrar in the sum of $ on the following grounds: |
| In the meantime, all further proceedings be stayed. |
| 12. The plaintiff serve on the defendant a list of documents and file an affidavit verifying such list (limited to the documents relating to the (special damage claimed) (plaintiff’s industrial injury, industrial disablement or sickness benefit rights) (period from to ) (issues raised in paras. of the statement of claim and paras. of the defence) (issues of )) within days. |
| | 13. The defendant serve on the plaintiff a list of documents and file an affidavit verifying such list (limited to documents relating to the (period from to ) (issues raised in paras. of the statement of claim and paras. of the defence) (issues of )) within days. |
| 14. There be inspection of documents within days of the service of the lists (filing of the affidavits). |
| 15. The plaintiff have leave to serve on the defendant the interrogatories shown in the document served herewith. The defendant is to answer the interrogatories on affidavit within days. |
| 16. The defendant have leave to serve on the plaintiff the interrogatories shown in the document served with this summons. The plaintiff is to answer the interrogatories on affidavit within days. |
| 17. The plaintiff (or defendant) (retain and preserve pending the trial of the action) (upon days’ notice to give inspection of) (the subject-matter of the action, to the defendant (or plaintiff) and to his legal advisers (and experts)). |
| 18. The statements in the following documents be admissible in evidence at the trial without calling as a witness the maker of the statements: |
| | (A certified true copy of the above documents be admissible in evidence at the trial without production of the original documents). |
| 19. The following affidavits (in the form of the draft affidavit (served herewith)) (to be served within days) be admissible in evidence at the trial: |
| 20. Evidence of the following fact(s), namely, be received at the trial by statement on oath of information and belief (by the production of the following documents or entries in books or copy documents or copy entries in books, namely, ). |
| 21. It be recorded that the parties ((plaintiff) (defendant) refuses to) admit for the purposes of this action that ( (the truth of the statements in the document served (herewith)). |
| 22. The affidavits of the evidence-in-chief of all witnesses shall be limited to one affidavit for each witness to be exchanged within weeks hereof. |
| 23. Objections to the contents of the affidavit evidence shall be taken within weeks after the exchange of the affidavit evidence. |
| 24. The evidence-in-chief or the substance thereof of all expert witnesses shall be in the form of affidavit and shall be exchanged/disclosed within weeks hereof. |
| 25. The following witnesses on behalf of the plaintiff (or defendant) may be examined before the Registrar (or a special examiner to be agreed upon by the parties or appointed by the Registrar) upon days’ notice and need not attend at the trial: |
| 26. There shall be a discussion between the experts for the purpose of requiring the experts to identify the issues in the proceedings and where possible reach agreement on any issue not later than days before the exchange of the affidavits of evidence-in-chief. The issues which the experts are to discuss shall be limited to the following: |
| | 27. Within days of the discussion, the expert witnesses are to prepare and furnish to the parties a joint written statement indicating the agreed issues, the issues on which they disagree and a summary of the reasons for disagreement. |
| 28. That (name) of (organisation) be appointed as assessor(s) in this action. |
| 29. A plan of the locus in quo other than a sketch plan be receivable in evidence at the trial. |
| | 30. Photographs and a plan of the locus in quo be agreed, if possible. |
| | 31. By consent, (the right of appeal be excluded) (any appeal be limited to the Appellate Division of the High Court/Court of Appeal) (any appeal be limited to questions of law only). |
| | | | Estimated no. of witnesses: |
| | To be set down within: days. |
| | Any other matters: (to be tried immediately after the action in Suit Number ). |
| | 33. The witnesses whom the plaintiff intends if necessary to call shall be limited to the following: |
| | Witnesses of fact: (names). |
| | Expert witnesses: (names). |
| | 34. The witnesses whom the defendant intends if necessary to call shall be limited to the following: |
| | Witnesses of fact: (names). |
| | Expert witnesses: (names). |
| | 35. The costs of this application be costs in the cause. |
| Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
| Issued by: (Solicitors for the ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| (a) | Applicants are to indicate only those prayers for which directions are necessary. |
|
| (b) | For paragraphs 33 and 34, all witnesses must be named here or in the order of Court to be extracted on this summons for directions. Witnesses not so named shall not be allowed to testify at the trial without leave of court. |
|
| |
|
[S 1043/2020 wef 02/01/2021] | | SUMMONS FOR DIRECTIONS
PURSUANT TO ORDER 25 |
| | | To: The defendant (and his solicitors). |
| Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
| 1. Interlocutory Judgment be entered by consent as follows: |
| (State the terms of the judgment to be entered, e.g. against the defendant for damages to be assessed and costs reserved to the Registrar.) |
| 2. The plaintiff serve on the defendant a list of documents and file an affidavit verifying such list within days. |
| 3. The defendant serve on the plaintiff a list of documents and file an affidavit verifying such list within days. |
| 4. There be inspection of documents within days of the service of the lists and (filing of the affidavits). |
| 5. The affidavits of the evidence-in-chief of all witnesses shall be limited to one affidavit for each witness to be exchanged within weeks hereof. |
| 6. The objections to the contents of the affidavit evidence shall be taken within weeks after the exchange of the affidavit evidence. |
| 7. The evidence-in-chief or the substance thereof of all expert witnesses shall be in the form of affidavit and shall be exchanged/disclosed within weeks hereof. |
| 8. The assessment of damages be fixed for hearing for day(s). The notice of appointment for assessment of damages shall be filed within weeks hereof and served on the defendant within days thereafter. |
| | 9. The witnesses whom the plaintiff intends if necessary to call shall be limited to the following: |
| Witnesses of fact: (names). |
| Expert witnesses: (names). |
| 10. The witnesses whom the defendant intends if necessary to call shall be limited to the following: |
| Witnesses of fact: (names). |
| Expert witnesses: (names). |
| 11. [Include other prayers if necessary.] |
| 12. The costs of this application be costs in the cause. |
| Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
| Issued by: (Solicitors for the ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| (a) | Applicants are to indicate only those prayers for which directions are necessary. |
|
| (b) | For paragraphs 9 and 10, all witnesses must be named here or in the order of Court to be extracted on this summons for directions. Witnesses not so named shall not be allowed to testify at the trial without leave of court. |
|
| |
|
| | CERTIFICATE OF
EXCHANGE OF AFFIDAVITS OF
EVIDENCE-IN-CHIEF |
| | | We, the undersigned, being all the parties to the captioned action, or their representatives or solicitors, hereby certify that all affidavits of evidence-in-chief ordered or required to be exchanged under Order 25 were exchanged on (date). The affidavits that have been exchanged are the following: |
| | | Party for whom the deponent is a witness |
| Date affidavit was
sworn or affirmed |
| | | | | | | | | | | Solicitors for the plaintiff(s). |
| Solicitors for the defendant(s). |
| |
|
| | | SUMMONS FOR INTERROGATORIES |
| | | Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
| The plaintiff (or defendant) (or as may be) be at liberty to serve interrogatories in writing on the defendant (or plaintiff) (or as may be) (in the form of the document attached) and for the questions to be answered in writing by way of an affidavit within days. |
| Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
| Issued by: (Solicitors for the ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | | | On behalf of the abovenamed (plaintiff) or (defendant A.B.) for the examination of the abovenamed (defendants A.B. and C.D.) (defendants the X. Co. Ltd.) or (plaintiff) pursuant to the order herein dated the day of 20 . |
| (Here set out the interrogatories in the form of concise questions, each interrogatory to be set out in a separate paragraph and numbered consecutively). |
| (b) If nay, were you not? |
| (The defendant A.B. is required to answer all the interrogatories numbered ). |
| (The defendant C.D. is required to answer interrogatories numbered ). |
| (E.F., a director (or as may be) of the defendants, the X. Co., Ltd., is required to answer the interrogatories numbered ). |
| Served the day of 20 , by of solicitor for the (plaintiff) (defendant). |
| To the abovenamed (defendants A.B. and C.D.) (plaintiff) and (their) (his) solicitor. |
| |
|
| | | ORDER FOR INTERROGATORIES |
| | | Upon the application of and upon reading the affidavit of filed the day of 20 , and upon hearing . |
| It is ordered that the be at liberty to serve on the interrogatories in writing as initialled by the Judge and that the said do answer the interrogatories within days and that the costs of this application be . |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | ANSWER TO INTERROGATORIES |
| | | of the (defendants) or (abovenamed defendant A.B.) or (plaintiff) to the interrogatories for (their) or (his) examination by the abovenamed (plaintiff) or (defendants) pursuant to the order herein dated the day of 20 . |
| In answer to the said interrogatories, (we, the said A.B. and C.D. severally) or (I, the abovenamed A.B. or plaintiff), do make oath (or affirm) and say as follows: |
| 1. | To the 1st interrogatory, namely (state in full the interrogatory), that (stating the answer). |
|
| 2. | To the 2nd interrogatory, namely (state in full the interrogatory), that (stating the answer). |
|
| 3. | To the 3rd interrogatory, namely (state in full the interrogatory), that I object to answer it on the ground that (stating the ground of objection). |
|
| Sworn (or affirmed) as in Form 78. |
| This affidavit is filed on behalf of the (defendants) (plaintiff). |
| |
|
| | | | | Take notice that the plaintiff (or defendant) in this action requires the defendant (or plaintiff) to admit, for the purposes of this action only, the several facts respectively hereunder specified; and the defendant (or plaintiff) is hereby required, within 14 days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this cause. |
| To the defendant (or plaintiff) and his solicitor. |
| The facts, the admission of which is required, are: |
| (set out admissions required, e.g.) |
| 1. | That A.B. died on the , 20 . |
|
| 2. | That he died intestate. |
|
| 3. | That C.D. was his only lawful son. |
|
| 4. | That E.F. died on the , 20 . |
|
| 5. | That E.F. never was married. |
|
| |
|
| | | ADMISSION OF FACTS, PURSUANT TO NOTICE |
| | | The defendant (or plaintiff) in this action, for the purposes of this action only, hereby admits the several facts respectively hereunder specified, subject to the qualifications or limitations, if any, hereunder specified, saving all just exceptions to the admissibility of such facts, or any of them, as evidence in this action: |
| Provided that this admission is made for the purposes of this action only, and is not an admission to be used against the defendant (or plaintiff) on any other occasion, or by anyone other than the plaintiff (or defendant, or party requiring the admission). |
To the plaintiff (or defendant) and
his solicitor |
| | Qualifications or Limitations, if any,
subject to which they are admitted. |
| | 1. | That A.B. died on the 20 . |
|
| | | 2. | That he died intestate. |
|
| | | 3. | That C.D. was his lawful son. |
|
| | 3. | But not that he was his only lawful son. |
|
| | | 4. | But not that he died on the 20 . |
|
| | 5. | That E.F. never was married. |
|
| | |
|
| | | NOTICE TO ADMIT DOCUMENTS |
| | | Take notice that the plaintiff (or defendant) in this action proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the defendant (or plaintiff), his solicitor or agent at on the day of 20 between the hours of and ; and the defendant (or plaintiff) is hereby required, within 7 days to admit that such of the documents as are specified to be originals were respectively written, signed or executed, as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent or delivered were so served, sent or delivered respectively; saving all just exceptions to the admissibility of all such documents as evidence in this action. |
| And further take notice that if you do not within the aforementioned 7 days give notice that you do not admit the documents (or any of them) and that you require the same to be proved at the trial you shall be deemed to have admitted the document (or documents) unless the Court shall otherwise order. |
| (Here describe the documents, the manner of doing which may be as follows:) |
| | Description of Documents. |
| | | | | | | | | | | | | | Description of Documents. |
| | | Original or Duplicate served, sent, or delivered, when, how, and by whom. |
| | | | | | | | | | |
|
| | | NOTICE OF NON-ADMISSION OF DOCUMENTS |
| | | Take notice that I do not admit Numbers (e.g. 1, 2 and 5) of the documents (as the case may be) in the Notice to Admit Documents saving all just exceptions to the same as evidence. |
| To the plaintiff (or defendant) and his solicitor. |
| |
|
| | | | | Take notice that you are hereby required to produce and show to the Court on the trial of this all books, papers, letters, copies of letters, and other writings and documents in your custody, possession, or power, containing any entry, memorandum, or minute relating to the matters in question in this and particularly — |
| To the plaintiff (or defendant) and his solicitor. |
| |
|
| | | ORDER FOR INTERIM INJUNCTION |
| | | Upon the application of and upon reading the affidavit of , filed the day of 20 , and upon hearing , and the plaintiff by his said undertaking to abide by any order the Court or a Judge may make as to damages in case the Court or a Judge should hereafter be of opinion that the defendant shall have sustained any by reason of this order which the plaintiff ought to pay. It is ordered and directed that the defendant(s) (a) by himself (themselves) his (their) agents or employees or otherwise be restrained, and an Injunction is hereby granted restraining him (them) from until after the hearing of a summons returnable on the day of 20 (or until after the trial of this action) or until further order. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| (a) | Where the injunction is against a limited company or a corporate body, the Form should read: “that the defendants (insert name of company or corporate body) by their agents or employees or otherwise be restrained, etc.”. |
|
| |
|
| | | RECEIVER’S SECURITY BY UNDERTAKING |
| | | I, , of the receiver (and manager) appointed by order dated (or proposed to be appointed) in this action hereby undertake with the Court to duly account for all moneys and property received by me as such receiver (or manager) or for which I may be held liable and to pay the balances from time to time found due from me and to deliver any property received by me as such receiver (or manager) at such times and in such manner in all respects as the Court or a Judge shall direct. |
| And we hereby jointly and severally (in the case of a Guarantee or other Company strike out “jointly and severally”) undertake with the Court to be answerable for any default by the said as such receiver (or manager) and upon such default to pay to any person or persons or otherwise as the Court or a Judge shall direct any sum or sums not exceeding in the whole $ : that may from time to time be certified by the Registrar to be due from the receiver and we submit to the jurisdiction of the Court in this action to determine any claim made under this undertaking. |
| (Signatures of receiver and his surety or sureties. In the case of a surety being a guarantee or other company, it must be sealed or otherwise duly executed). |
| |
|
| | | AFFIDAVIT VERIFYING RECEIVER’S ACCOUNT |
| | | I, , of , the receiver appointed in this cause, do make oath (or affirm) and say as follows: |
| 1. The document now shown to me marked A is, as it purports to be, a full and true account of for the period therein specified. |
| 2. and , my sureties named in the guarantee (or undertaking) dated 20 , are both alive and neither of them has become bankrupt or insolvent. |
| 2. The Co., Ltd., my surety named in the guarantee (or undertaking) dated 20 , is still carrying on business and no application or other proceeding for its winding up is pending. |
| Sworn (or affirmed) as in Form 78. |
| |
|
| | | CERTIFICATE OF RESULT OF SALE |
| | | I, , of , auctioneer, the person appointed to sell the estate comprised in the particulars hereinafter referred to, hereby certify as follows: |
| 1. I did at the time and place, in the lots, and subject to the conditions specified in the particulars and conditions of sale hereto annexed and marked A, put up for sale by auction the estates described in the said particulars. |
| The result of the sale is truly set forth in the bidding paper hereto annexed and marked B. |
| 2. I have received the sums set forth in the fourth column of the schedule hereto as deposits from the respective purchasers whose names are set forth in the second column of the said schedule opposite the said sums in respect of their purchase-money leaving the sums set forth in the fifth column of the said schedule due in respect thereof. |
| THE SCHEDULE above referred to |
| | | | | Amount of Deposit Received |
| | | | | | | | | | | | | | | | | | (Note: This form can be adapted to meet the requirements of Order 31, Rule 3(1)(b), when certificate has to be given by a solicitor). |
| |
|
| | | | | Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
| Grounds of application: (State the grounds here) or (As set out in the affidavit of [name]). |
| Issued by: (Solicitors for the ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | NOTICE FOR SETTING DOWN
AN ACTION FOR TRIAL |
| | | To: The Registrar and (other parties to the action). |
| The plaintiff (or defendant) hereby sets down this action for trial for days. |
| The requisite documents pursuant to Order 34, Rule 3, are attached herewith. |
| Issued by: (Solicitors for the ). |
| |
|
| | | NOTICE OF PRE-TRIAL CONFERENCE |
| | | (Title as in action or proceedings) |
| Take notice that you are required to attend before the Judge (or Registrar) on (date/time) for a pre-trial conference. |
| And further take notice that you are required to comply with the following directions: |
| |
|
| | | | | The time of the Court was occupied as follows: |
| | | | | | | | | | | | | | Total time occupied: hour(s) minute(s) |
| The List of Exhibits is as follows: |
| | | | | | Witness who proved Exhibit |
| | | | | | | | | | | | | (Name of Clerk of the Court) |
| |
|
| | NOTICE TO ADMIT NON-DOCUMENTARY
HEARSAY EVIDENCE |
| | | | Take notice that the plaintiff (or defendant) in this action, pursuant to paragraph of section 32(1) of the Evidence Act (Cap. 97), intends to introduce in evidence the statement hereunder specified: |
| | Manner in which the statement was made (whether oral or otherwise) |
| | Name of maker of the statement and (unless he is dead) his address, if known |
| | If the maker of the statement is dead, the date of the death of the maker* |
| | Name and address of person who heard or otherwise perceived the statement being made |
| | Time and place at which the statement was made |
| | Substance of the statement or, if it was made orally and the actual words used in making it are material, the words used |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | *This information is to be given to the best of the information and belief of the party serving the notice. |
| |
|
| | NOTICE TO ADMIT DOCUMENTARY
HEARSAY EVIDENCE |
| | | | Take notice that the plaintiff (or defendant) in this action, pursuant to paragraph of section 32(1) of the Evidence Act (Cap. 97), intends to introduce in evidence the statement made in the document(s) hereunder specified, of which a copy of item(s) is/are attached: |
| | Description of document(s)* |
| | Name of maker of the statement and (unless he is dead) his address, if known† |
| | If the maker of the statement is dead, the date of the death of the maker†† |
| | Name of maker of document and (unless he is dead) his address, if known** |
| | If the maker of the document is dead, the date of the death of the maker†† |
| | Time and place at which statement was made† |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | *This may refer to any document in the list of documents served by the plaintiff (or defendant) pursuant to any order made by the Court under Order 24, Rule 1. |
| **This information is to be included only if the maker of the document is different from the maker of the statement and the information is not readily apparent from the document or the relevant part of the document. |
| †This information is to be included only if the information is not readily apparent from the document or the relevant part of the document. |
| ††This information is to be given to the best of the information and belief of the party serving the notice. |
| | | |
|
| | SUBPOENA TO TESTIFY5/
SUBPOENA TO PRODUCE
DOCUMENTS1/ SUBPOENA
TO TESTIFY5 AND TO
PRODUCE DOCUMENTS1 |
| | | You are required to attend at: |
| Venue: (Supreme Court / State Courts) (Court / Chamber number) |
| Before: Judge / Registrar |
| *(a) | In person (for subpoena to testify and subpoena to testify and to produce documents); or |
|
| *(b) | In person or by an agent (for subpoena to produce documents) |
|
| and so from day to day until the end of the above proceedings. |
| *(a) | (Where it is a subpoena to testify) To give evidence on behalf of the in the said proceedings. |
|
| *(b) | (Where it is a subpoena to produce documents) To produce the documents specified hereunder on behalf of the in the said proceedings: |
|
| (Specify the documents to be produced). |
| | *(c) | (Where it is a subpoena to testify and to produce documents) To give evidence and produce the documents specified hereunder on behalf of the in the said proceedings: |
|
| (Specify the documents to be produced). |
| Issued by: (Solicitors for the ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | AFFIDAVIT FOR AN ORDER FOR THE
PRODUCTION OF A PERSON IN PRISON |
| | I, , of
do make oath (or affirm) and say: |
| 1. That the above action is fixed for hearing on the day of 20 and that now a prisoner confined in the prison, will be a material witness for me at the hearing (or is a party to the action). |
| 2. That I am advised and verily believe that I cannot safely proceed to the hearing of this action without the evidence of the said (or my evidence). |
| 3. I hereby apply for an order under section 38 of the Prisons Act (Cap. 247) that the said may be brought before the Court. |
| 4. I hereby undertake to pay the costs of conveyance of the said in safe custody to and from the Court and of maintenance of him and the officers in charge of him while attending the Court. |
| Sworn (or affirmed) as in Form 78. |
| |
|
| | | ORDER TO PRODUCE PERSON IN PRISON |
| | | To the Officer-in-charge of the |
| You are hereby required upon tender made to you of a reasonable sum for the conveyance and maintenance of a proper officer and of now a prisoner in the in going to, remaining at and returning from the Supreme Court/State Courts, to bring the said on the day of 20 at m. to give testimony on behalf of and after the said shall have given his testimony before the Court or the Court shall have dispensed with his further attendance you are required to cause him to be conveyed under safe and sure conduct back to the said . |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | [Deleted by S 543/2017 wef 01/10/2017] |
| |
|
[S 543/2017 wef 01/10/2017] | | ORDER FOR THE EXAMINATION
BEFORE TRIAL |
| | | Upon the application of and upon reading the affidavit of filed the day of 20 and upon hearing and that the Court is desirous of obtaining the testimony of (name of person). |
| It is ordered that do attend before the Judge (or Registrar) on , the day of 20 at m. or such other day and time as the Judge (or Registrar) may appoint and do there submit to be examined upon oath or affirmation touching the testimony so required as aforesaid and do then and there produce (description of documents, if any, required to be produced). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | ORDER FOR ISSUE OF LETTER OF
REQUEST TO RELEVANT AUTHORITY
OUT OF JURISDICTION |
| | | Upon the application (as in Form 73). |
| It is ordered that a letter of request do issue directed to the relevant authority for the examination of the following witnesses, namely: |
| And it is ordered that the deposition taken pursuant thereto when received be filed in the Registry of the Supreme Court and that copies thereof may be read and given in evidence on the trial of this action, saving all just exceptions, without any further proof of the absence of the said witnesses than the affidavit of the solicitor of the party using the same as to his belief. |
| And it is ordered that (the trial of this action be stayed until the said depositions have been filed and that) the costs of and incidental to the application for this order and the said letter of request and examination be (costs in the cause). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
[S 635/2021 wef 01/09/2021] | | ORDER FOR APPOINTMENT OF EXAMINER
TO TAKE EVIDENCE OF WITNESS
OUT OF JURISDICTION |
| | | Upon the application of and upon reading the affidavit of filed the day of 20 , and upon hearing . |
It is ordered that the Singapore Consul or his deputy at (or Esq.) be appointed as special examiner for the purpose of taking the examination, cross-examination and re-examination orally on oath or affirmation, of witnesses on the part of at
in (name of country). The examiner shall be at liberty to invite the attendance of the witnesses and the production of documents, but shall not exercise any compulsory powers. Otherwise such examination shall be taken in accordance with the Singapore procedure. The solicitors to give to the solicitors days’ notice in writing of the date on which they propose to send out this order to for execution, and that days after the service of such notice the solicitors for the plaintiff and defendant respectively do exchange the names of their agents at to whom notice relating to the examination of the said witnesses may be sent. And that days (exclusive of Sunday) before the examination of any witness hereunder notice of such examination shall be given by the agent of the party on whose behalf such witness is to be examined to the agent of the other party, unless such notice be dispensed with. And that the depositions when taken, together with any documents referred to therein, or certified copies of such documents or of extracts therefrom, be sent by the examiner, under seal, to the Registrar of the Supreme Court (insert address) on or before the day of next, or such further or other day as may be ordered, there to be filed in the Registry. And that either party be at liberty to read and give such depositions in evidence on the trial of this action, saving all just exceptions. And that the trial of this action be stayed until the filing of such depositions. And that the costs of and incidental to the application for this order and such examination be costs in the cause. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | | | | | LETTER OF REQUEST FOR
EXAMINATION OF WITNESS
OUT OF JURISDICTION/PERMISSION
FOR EVIDENCE TO BE GIVEN BY
LIVE VIDEO LINK OR
LIVE TELEVISION LINK BY WITNESS
OUT OF JURISDICTION |
| | | | | | | | | | | | | | | | | | | | | Central Authority of the Requested State |
| | | | | | | | | | | Person to whom the executed request is to be returned |
| | | | | | | | | | | Specification of the date by which the requesting authority requires receipt of the response to the Letter of Request |
| | | | | | | | | | | | | | | | | | | | | | | | | | | To the Competent Authority of |
| | | | | | | Names of the case and any identifying number |
| | | | | | | | | | | | Names and addresses of the parties and their representatives (including representatives in the Requested State*) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Nature of the proceedings (divorce, paternity, breach of contract, product liability, etc.) |
| | | | | | | | | | | | | Summary of defence and counterclaim* |
| | | | | | | Other necessary information or documents* |
| | | | | | | | | | | | Evidence to be obtained or other judicial act to be performed |
| | | | | | | Purpose of the evidence or judicial act sought |
| | | | | | | | | | | Identity and address of any person to be examined* |
| | | | | | | | | | | Questions to be put to the persons to be examined or statement of the subject matter about which they are to be examined* |
| | | | | | | | | | | Documents or other property to be inspected* |
| | | | | | | | | | | Any requirement that the evidence be given on oath or affirmation and any special form to be used* |
| | | | | | | | | | | Special methods or procedure to be followed (e.g., oral or in writing, verbatim transcript or summary, cross-examination, etc.)* |
| | | | | | | | | | | Request for notification of the time and place for the execution of the Request and identity and address of any person to be notified* |
| | | | | | | | | | | Request for attendance or participation of judicial personnel of the requesting authority at the execution of the Letter of Request* |
| | | | | | | | | | | Specification of privilege or duty to refuse to give evidence under the law of the Requesting State* |
| | | | | | | | | | | The fees and costs incurred which are reimbursable will be borne by* |
| | | | | | | | | | | | | # This form requires sealing by the Court and the signature of the Registrar. |
| | | | (*Omit if not applicable) |
| | | | |
|
[S 635/2021 wef 01/09/2021] | | | UNDERTAKING AS TO EXPENSES |
| | | | I (We) hereby undertake to be responsible for all expenses incurred by an issuing authority or a transmitting authority in respect of the letter of request issued herein on the , and on receiving due notification of the amount of such expenses undertake to pay the same as directed by the Registrar of the Supreme Court. |
| | The following have been appointed as agents for the parties in connection with the execution of the above letter of request. |
| | | | | | | |
|
[S 635/2021 wef 01/09/2021] | | | | ORDER FOR ISSUE OF LETTER
OF REQUEST TO RELEVANT
AUTHORITY OUT OF
JURISDICTION |
| | | | Upon the application of and upon reading the affidavit of filed the day of 20 and upon hearing and that the Court is desirous of obtaining the testimony of (name of person). |
| | It is ordered that a letter of request do issue directed to the relevant authority for permission for evidence to be given by live video link or live television link by the following witnesses, namely: |
| | | | And it is ordered that the costs of and incidental to the application for this order and the said letter of request and giving of evidence be (costs in the cause). |
| | | # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
[S 635/2021 wef 01/09/2021] | | | | | (a) | To an affidavit by one deponent. |
|
| Sworn (or affirmed) on the day of 20 at (through the interpretation of ). |
| (b) | To an affidavit by 2 or more deponents. |
|
| Sworn (or affirmed) by the deponents and (or by both (or all) of the abovenamed deponents) on the day of 20 at (through the interpretation of ). |
| | (c) | To an affidavit by an illiterate or blind person. |
|
| Sworn (or affirmed) on the day of 20 at . |
| I, having truly, distinctly and audibly read over the contents of the above affidavit (add if exhibits are referred to in the affidavit “and explained the nature and effect of the exhibits therein referred to”) to the said deponent who seemed perfectly to understand the same and who made his mark thereto in my presence (through the interpretation of ). |
| (d) | To an affidavit by a person who does not understand English. |
|
| Sworn (or affirmed) on the day of 20 at through the interpretation of (if the interpreter is not a Court Interpreter add the following: |
| “the said having been first sworn that he had truly, distinctly, and audibly translated the contents of his affidavit to the deponent and that he would truly and faithfully interpret the oath (or affirmation) about to be administered unto him the said ”). |
| |
|
| O. 13, r. 7
O. 19, r. 8A
O. 42, r. 5 |
| | | | [Notes: O. 13, r. 1; O. 19, r. 2; O. 42, r. 5] |
| (a) | Default judgment in action for liquidated demand. |
|
| No appearance having been entered (or no defence having been served) by the defendant herein, it is this day adjudged that the defendant do pay the plaintiff $ and $ costs (or costs to be taxed). |
| (The above costs have been taxed and allowed at $ as appears by the Registrar’s certificate dated the day of 20 ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| [Notes: O. 13, r. 2; O. 19, r. 3; O. 42, r. 5] |
| | (b) | Default judgment in action for unliquidated damages. |
|
| No appearance having been entered (or no defence having been served) by the defendant herein, it is this day adjudged that the defendant do pay the plaintiff damages to be assessed. |
| The amount found due to the plaintiff under this judgment having been certified at $ as appears by the Registrar’s certificate filed the day of 20 . |
| It is adjudged that the defendant do pay the plaintiff $ and costs to be taxed. |
| The above costs, etc. (as in (a) above). |
| (Note: This form is a combined form of interlocutory and final judgment. The plaintiff may at his option enter interlocutory judgment by omitting the words below the line in the form and enter a separate final judgment in (f) below). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| [Notes: O. 13, r. 3; O. 19, r. 4; O. 42, r. 5] |
| | (c) | Default judgment in action relating to detention of movable property. |
|
| No appearance having been entered (or no defence having been served) by the defendant herein, |
| It is this day adjudged that the defendant do deliver to the plaintiff the movable property described in the writ of summons (or statement of claim) as (description of movable property) or pay the plaintiff the value of the said property to be assessed (and also damages for their detention to be assessed). |
| It is this day adjudged that the defendant do pay the plaintiff the value of the movable property described in the writ of summons (or statement of claim) to be assessed (and also damages for their detention to be assessed). |
| The value of the said movable property having been assessed at $ (and damages at $ ) as appears by the Registrar’s certificate filed the day of 20 . |
| It is adjudged that the defendant do pay the plaintiff $ and costs to be taxed. |
| The above costs, etc. (as in (a) above). |
| (Note: See the note to (b) above). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| [Notes: O. 13, r. 4; O. 19, r. 5; O. 42, r. 5] |
| | (d) | Default judgment in action for possession of immovable property. |
|
| No appearance having been entered (or no defence having been served) by the defendant herein, it is this day adjudged that the defendant do give the plaintiff possession of the immovable property described in the writ of summons (or statement of claim) as and pay the plaintiff $ costs (or costs to be taxed). |
| The above costs, etc. (as in (a) above). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| [Notes: O. 13, r. 4; O. 19, r. 6; O. 42, r. 5] |
| | (e) | Judgment in default in action for possession of immovable property, damages and costs. |
|
| No appearance having been entered (or no defence having been served) by the defendant herein, it is this day adjudged that the defendant do give the plaintiff possession of the immovable property described in the writ of summons (or statement of claim) as . |
| And it is further adjudged that the defendant do pay the plaintiff (mesne profits) (damages) to be assessed. |
| The amount found due to the plaintiff under this judgment having been certified at the sum of $ as appears by the Registrar’s finding filed the day of 20 . |
| It is adjudged that the defendant do pay the plaintiff $ and costs to be taxed. |
| The above costs, etc. (as in (a) above). |
| (Note: See the note to (b) above). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| | (f) | Final judgment after assessment of damages, etc. |
|
| The plaintiff having on the day of 20 obtained interlocutory judgment herein against the defendant for damages (or as may be) to be assessed, and the amount found due to the plaintiff having been certified at $ as appears by the Registrar’s certificate filed the day of 20 . |
| It is this day adjudged that the defendant do pay the plaintiff $ and costs to be taxed. |
| The above costs, etc. (as in (a) above). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| [Notes: O. 14, r. 3; O. 42, r. 5] |
| | (g) | Judgment under Order 14. |
|
| The defendant having entered appearance herein and the Court having under Order 14, Rule 3, ordered that judgment as hereinafter provided be entered for the plaintiff against the defendant, |
| It is this day adjudged that the defendant do pay the plaintiff $ and $ costs (or costs to be taxed). |
| pay the plaintiff damages to be assessed and costs to be taxed. |
| deliver to the plaintiff the movable property described in the writ of summons (or statement of claim) as (or pay the plaintiff the value of the said movable property to be assessed) (and also damages for their detention to be assessed) and costs to be taxed. |
| give the plaintiff possession of the immovable property described in the writ of summons (or statement of claim) as and costs to be taxed. |
| The above costs, etc. (as in (a) above). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| [Notes: O. 14, r. 5; O. 42, r. 5] |
| | (h) | Judgment for the Defendant under Order 14. |
|
| The Court having under Order 14, Rule 5, ordered that judgment be entered for the defendant against the plaintiff on the counterclaim for $ and costs of the counterclaim. |
| It is this day adjudged that the plaintiff do pay the defendant $ and costs of the counterclaim to be taxed. |
| The above costs, etc. (as in (a) above). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| | (i) | Judgment after trial before Judge. |
|
| This action having been tried before Justice on the day of 20 . |
| It is adjudged that the defendant do pay the plaintiff $ and his costs of action to be taxed (or that this action be dismissed and that the plaintiff do pay the defendant his costs to be taxed) (or as may be according to the Judge’s order). |
| (It is further adjudged that execution be stayed for days) (and if within that time the gives notice of appeal, execution be further stayed until the determination of the appeal or as may be according to the Judge’s direction). |
| The above costs, etc. (as in (a) above). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| [Notes: O. 35, r. 1(2); O. 42, r. 5] |
| | (j) | Judgment of Dismissal. |
|
| Dated and entered the day of 20 . |
| This action having on the day of 20 , been called on for hearing before Justice , and the plaintiff having failed to appear, and the defendant having thereupon become entitled under Order 35, Rule 1(2), to judgment dismissing the action and the said having ordered that judgment be entered accordingly. |
| Therefore it is adjudged that this action do stand dismissed out of this Court with costs. |
| And it is further adjudged that the plaintiff do pay the defendant his costs to be taxed. |
| The above costs, etc. (as in (a) above). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| | (k) | Judgment in pursuance of Order. |
|
| Pursuant to the Order of dated 20 , whereby it was ordered and default having been made, |
| It is this day adjudged that the defendant do pay the plaintiff $ and costs to be taxed. |
| The above costs, etc. (as in (a) above). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| | (l) | Judgment after trial before Registrar. |
|
| Dated and entered the day of 20 . |
| This action by an order dated the day of 20 having been ordered to be tried before , Registrar of the Supreme Court/State Courts and the said Registrar having tried the said action and having by his certificate dated the day of , 20 directed that judgment as hereinafter provided be entered for the plaintiff (or defendant), |
| It is adjudged that (as in (i) above according to the Registrar’s certificate). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| [Notes: O. 33, r. 5; O. 42, r. 5] |
| | (m) | Judgment after decision of preliminary issue. |
|
| Dated and entered the day of 20 . |
| The issue (or question) arising in this cause (or matter) by the order dated the day of 20 ordered to be tried before Justice having on the day of 20 been tried before the said and the said having found and having ordered that judgment as hereinafter provided be entered for the (or having dismissed the cause or matter), |
| It is this day adjudged that (the defendant do pay the plaintiff $ ) (and his costs of action to be taxed) (the plaintiff do pay the defendant his costs of defence to be taxed) (or as may be according to the order made). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| | (n) | Judgment for liquidated sum against personal representative. |
|
| Dated and entered the day of 20 . |
| (Recital as in (a) or (f) to (n) according to the circumstances in which judgment was obtained), |
| It is adjudged that the defendant as executor (or administrator) of the abovenamed deceased do pay the plaintiff $ and costs to be taxed, the said sum and costs to be levied of the real and personal estate within the meaning of the Probate and Administration Act (Cap. 251) of the deceased at the time of his death come to the hands of the defendant as such executor (or administrator) to be administered, if he has or shall hereafter have so much thereof in his hands to be administered, and if he has not so much thereof, in his hands to be administered, then, as to the costs aforesaid, to be levied of the movable property of the defendant authorised by law to be seized in execution (or as may be according to the order made). |
| The above costs, etc. (as in (a) above). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| | (o) | Judgment for defendant’s costs on discontinuance. |
|
| The plaintiff having by a notice in writing dated the day of 20 , discontinued this action (or withdrawn his claim in this action for ) and the defendant’s costs of the action (or of the claim withdrawn) having been taxed and allowed at $ as appears by the Registrar’s certificate dated the day of 20 , and the plaintiff not having paid the sum within 4 days after taxation, |
| It is this day adjudged that the plaintiff do pay the defendant $ the said taxed costs. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| [Notes: O. 59, r. 10(2), (3)] |
| | (p) | Judgment for costs after acceptance of money paid into Court. |
|
| The defendant having paid into Court in this action the sum of $ in satisfaction of the plaintiff’s cause(s) of action (or in satisfaction of the plaintiff’s cause of action for ), and the plaintiff having by his notice dated the day of 20 accepted that sum in satisfaction of his cause(s) of action (or in satisfaction of his cause of action for , ; abandoned his other cause(s) of action), and the plaintiff’s costs herein having been taxed and allowed at $ as appears by the Registrar’s certificate dated the day of 20 , and the defendant not having paid the sum within 48 hours after taxation, |
| It is this day adjudged that the defendant do pay the plaintiff $ the said taxed costs. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | REQUEST TO ENTER JUDGMENT |
| | | Request is made for judgment to be entered against the defendant, (name): |
| *1. For failure by the defendant to enter an appearance within the time limited for appearing. |
| (a) | the writ has been duly served on the defendant, (name), on (date of service) as specified in the memorandum of service filed on (date) and properly endorsed; and |
|
| (b) | I have conducted a search for appearance and no appearance has been entered by the defendant. |
|
| *2. For failure by the defendant to serve a defence on the plaintiff, within the period fixed under the Rules of Court for service of defence. |
| I certify that no defence has been served on the plaintiff by the defendant, (name), within the period fixed by the Rules of Court for service of defence. |
| Issued by: (Solicitors for the ). |
| |
|
| | | ORDER FOR ACCOUNTS AND INQUIRIES |
| | | Upon the application of the plaintiff (or the defendant) in this action and upon reading the affidavit of filed the day of 20 , and upon hearing . |
| It is ordered that the following accounts and inquiry be taken and made; that is to say, |
| 1. An account of the movable property not specifically bequeathed of , deceased, the testator in the pleadings named, come to the hands of, etc. |
| 2. An account of the testator’s debts, (or where deceased died more than six years before judgment, (an inquiry whether there is any debt of the deceased remaining unpaid)). |
| 3. An account of the testator’s funeral expenses. |
| 4. An account of the legacies and annuities (if any) given by the testator’s will. |
| | 5. An inquiry into what parts (if any) of the testator’s said movable property are outstanding or undisposed of. |
| And it is ordered that the testator’s personal estate not specifically bequeathed be applied in payment of his debts and funeral expenses in a due course of administering, and then in payment of the legacies and annuities (if any) given by his will. |
| And it is ordered that the following further inquiries and accounts be made and taken; that is to say, |
| 6. An inquiry into what immovable property the testator was seized of or entitled to at the time of his death. |
| 7. An account of the rents and profits of the testator’s immovable property received by, etc. |
| 8. An inquiry into what encumbrances (if any) affect the testator’s immovable property, or any and what parts thereof. |
| 9. An account of what is due to such of the encumbrancers as shall consent to the sale hereinafter directed in respect of their encumbrances. |
| | 10. An inquiry into what are the priorities of such last-mentioned encumbrances. |
| And it is ordered that the testator’s immovable property be sold with the approbation of the Judge, etc. |
| And it is ordered that the further consideration of this cause be adjourned, and any of the parties are to be at liberty to apply as they may be advised. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | NOTICE ON CERTAIN JUDGMENTS |
| | | The endorsement should be in the following words or words to the following effect: |
| (a) | In the case of a judgment or order requiring a person or body corporate to do an act within a specified time: |
|
| “If you, the within-named (or ) neglect to obey this judgment (or order) by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the same.”. |
| (b) | In the case of a judgment or order requiring a person to abstain from doing an act: |
|
| “If you, the within-named disobey this judgment (or order), you will be liable to process of execution for the purpose of compelling you to obey the same.”. |
| (c) | In the case of a judgment or order requiring a body corporate to do or to abstain from doing the act, but it is sought to take enforcement proceedings against a director or other officer of that order: |
|
| “If neglect to obey this judgment (or order) by the time therein limited (or in the case of an order to abstain from doing an act), if disobey this judgment (or order), you (a director or officer of the said ) will be liable to process of execution for the purpose of compelling the said to obey the same.”. |
| |
|
| | | | | | You are directed that you cause to be levied and made out of the property liable to be seized under a writ of seizure and sale which shall be identified by or on behalf of (name of execution creditor) as belonging to (name of execution debtor) now or late of (address of execution debtor) by seizure and if it be necessary by sale thereof $ which the said (name of execution creditor) lately in the General Division of the High Court/State Courts recovered against the said (name of execution debtor) by a judgment (or order or as may be) bearing the day of 20 . And in what manner you shall have executed this writ make appear to this Court immediately after the execution thereof. And have there this writ. |
| | | | | # This form requires sealing by the Court and the signature of the Registrar. |
| | Memorandum to be subscribed on the writ |
| | This writ may not be served more than 12 months after the above date unless renewed by order of the Court. |
| | Endorsement to be made on writ before issue |
| | THIS WRIT is issued by of , solicitor for the execution creditor who resides at . The execution debtor resides at . |
| | | | | Amount of judgment and costs |
| | | | | Subsequent costs (if any) |
|
| | | | | Paid to account of judgment |
|
| | | | | | | | | | | Interest on $ at % p.a. from to |
|
| | | | | | | | | | | | | for Expenses of Execution — |
| | | | | | | | | | | | | | | | | | | | Other legal expenses (specify them) |
|
| | | | | | | | Paid to credit of landlord under |
|
| | | | | Paid to credit of Writ of Distress |
|
| | | | | Paid to credit of execution creditor |
|
| | | | | Paid to credit of execution debtor |
|
| | | | |
|
[S 1043/2020 wef 02/01/2021] | O. 45, r. 12
O. 46, r. 4
O. 47, r. 4 |
| WRIT OF SEIZURE
AND SALE IN RESPECT OF
IMMOVABLE PROPERTY |
| | | Having seized the interest of (name of execution debtor) in the immovable property specified in the Schedule hereto pursuant to the Order of Court dated , you are directed to serve the Writ of Seizure and Sale together with the said Order of Court on (name of execution debtor), of and, if the execution debtor cannot be found, affix a copy of the same on some conspicuous part of the immovable property known as , and thereafter, if necessary, to sell the said interest to satisfy the sum $ which is the sum outstanding payable to the said (name of execution creditor) pursuant to a judgment (or order as may be) dated against the said (name of execution debtor). |
| | | | | | | | | Whole or part lot (if part lot, to state approved new lot number or strata lot number) |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
|
| (**If title document is a lease, to cancel the Vol No. and Fol No. and simply state the Lease No.) |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | | | | You are directed that, without delay, you do seize and deliver, to the abovenamed (name of execution creditor) the following movable property, that is to say (describe the property delivery of which has been adjudged or ordered) (and $ damages and $ costs) which the said (name of execution creditor) lately in the General Division of the High Court/State Courts recovered against the said (name of execution debtor) by a judgment (or order or as may be) bearing the day of 20 . |
| | (And you are further directed that if the said movable property cannot be found within Singapore you cause to be levied and made out of the property liable to be seized under a writ of seizure and sale belonging to the said (name of execution debtor) and if necessary by sale thereof $ , being the assessed value of the said property). And in what manner you have executed this writ make appear to this Court immediately after the execution thereof. And have there this writ. |
| | | | | # This form requires sealing by the Court and the signature of the Registrar. |
| | Memorandum on Writ (as in Form 82). |
| | Endorsements on Writ (as in Form 82 or as required). |
| |
|
[S 1043/2020 wef 02/01/2021] | | | | | | Whereas lately, by a judgment of the General Division of the High Court/State Courts bearing the day of 20 , it was adjudged (or ordered) that the defendant (name of defendant) do give the plaintiff (name of plaintiff) possession of (describe the immovable property delivery of which has been adjudged or ordered) and do pay him $ and $ costs. |
| | You are directed that you enter the said immovable property and cause (name of plaintiff) to have possession of it. |
| | And you are further directed that you cause to be levied and made out of the property liable to be seized under a writ of seizure and sale belonging to the said (name of defendant) and if necessary by sale thereof $ . And in what manner you have executed this writ make appear to this Court immediately after the execution thereof. And have there this writ. |
| | | | | # This form requires sealing by the Court and the signature of the Registrar. |
| | Memorandum on Writ (as in Form 82). |
| | Endorsements on Writ (as in Form 82 or as required). |
| |
|
[S 1043/2020 wef 02/01/2021] | | SUMMONS FOR LEAVE
TO ISSUE EXECUTION |
| | | Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
| 1. The plaintiff (or as may be) be at liberty to issue execution (or writ of seizure and sale, or as may be) against the defendant (or as may be) on the judgment herein dated , (notwithstanding that 6 years have elapsed since such judgment, or as may be); and |
| 2. The defendant (or as may be) do pay the costs of and occasioned by this application. |
| Grounds of application: As set out in the affidavit of (name). |
| Issued by: (Solicitors for the ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| O. 46, r. 4
O. 47, r. 4
O. 52, r. 9 |
| UNDERTAKING, DECLARATION
AND INDEMNITY |
| | | 1. I/We hereby undertake to pay all charges and fees that are imposed by the Sheriff/bailiff and to fully indemnify the Sheriff/bailiff and his officers and keep them indemnified against all actions, proceedings, liabilities, claims, damages, costs and expenses incurred in relation to or become payable by the Sheriff/bailiff in respect of or arising from the execution. Please appoint a suitable date to execute the Writ of Seizure and Sale/Delivery/Possession*. |
| | 2. **I/We hereby declare that as at the date of this undertaking, declaration and indemnity, the property the Sheriff/bailiff is requested to seize under this Writ of Seizure and Sale/Delivery/Possession* is/is not the subject-matter of a seizure or attachment under any execution or order issued by the State Courts or the General Division of the High Court. |
| | (State particulars of prior execution if applicable.) |
| | 3. For seizure of movable property under a Writ of Seizure and Sale/Delivery*. |
| | I/We hereby declare that, as at the date of this undertaking, declaration and indemnity, I/we have reason to believe that the execution debtor is the owner or occupier at the address of execution or the owner of the property liable to be seized. |
| | (State the grounds of belief.) |
| | | | | | |
|
[S 1043/2020 wef 02/01/2021] | | | CONSENT TO ENTRY OF SATISFACTION |
| | | I, of being the plaintiff (or as may be) named in, and the sole person entitled to the benefit of the judgment herein, hereby consent to a memorandum of satisfaction of the said judgment being recorded. |
| Plaintiff (or as may be). |
| Advocate and Solicitor (or Commissioner for Oaths.) |
| |
|
| | REQUEST4 FOR DATE TO BE
APPOINTED FOR EXECUTION |
| | Please direct the Sheriff/bailiff to appoint a date for the execution of the judgment in . |
| A copy of the (writ of execution or distress) is attached. |
| Name and address of execution creditor: |
| | (Signature)
Execution Creditor (or by or on behalf
of solicitors for ) |
| |
|
| | | NOTICE OF SEIZURE AND INVENTORY |
| | | Take notice that I have this day seized the movable property found on or upon the premises No. pursuant to a Writ of Seizure and Sale/Writ of Distress No. of 20 for the sum of $ and that I value the property seized at $ approximately. |
| Unless you pay the amount abovementioned together with costs of this execution within 7 days from the date hereof or obtain an order of the Court to the contrary the same will be sold by public auction on the day of 20 . |
| | Amount due under writ ... ... ... ... ... ... ... ... ... ... ... ... ... |
| | (Rent due for months from )
the day of 20 )
to the day of 20 )
at $ a month. ) |
| | | | Costs of writ ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... |
| | | Court commission ... ... ... ... ... ... ... ... ... ... ... ... ... ... |
| | | Lotting and advertising ... ... ... ... ... ... ... ... ... ... ... ... ... |
| | | Auctioneers’ commission ... ... ... ... ... ... ... ... ... ... ... ... |
| | | Other Court fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... |
| | | Watchmen’s wages at $ a day ... ... ... ... ... ... ... ... ... |
| | | Other legal expenses ... ... ... ... ... ... ... ... ... ... ... ... ... |
| | | (For Inventory see overleaf) |
| and all others whom it may concern. |
| |
|
| | | | | Notice is hereby given that the property seized at on the day of 20 , under Writ of Distress/Seizure and Sale No. of 20 , will be sold by public auction on the day of 20 , at m. unless the amount to be levied and the fees and expenses of execution be sooner paid. |
| |
|
| | ORDER SUSPENDING JUDGMENT
OR ORDER FOR PAYMENT BY
INSTALMENTS, EXECUTION |
| | | Upon the application of and upon reading the affidavit of filed the day of 20 and upon hearing . |
| It is ordered that the said judgment (or order) be suspended (or that the execution issued in this action be suspended) for (state time) upon the following terms: (state terms) |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | AFFIDAVIT IN SUPPORT OF
APPLICATION FOR NEW ORDER |
| | | | | | I, of , the abovenamed plaintiff (or defendant) make oath (or affirm) and say as follows: |
| 1. I have a judgment of this Court against the defendant (or there is a judgment of this Court against me) particulars of which are as follows: |
| The date of the judgment is the day of 20 . |
| The amount of the judgment including costs is $ . |
| The amount paid to account since judgment is $ . |
| The date of the instalment order is the day of 20 . |
| The amount of the instalment order is $ a month. |
| | 2. I verily believe that there is a change of circumstances in the affairs of the defendant (or I say that there is a change of circumstances in my affairs) particulars of which are as follows: |
| The Defendant’s/My occupation was and is now . |
| His/My total income from all sources was $ a month and is now $ a month. |
| He/I had dependants and now has/have dependants. |
| His/My rent was $ a month and is now $ a month. |
| His/My regular monthly payments were and are now (herein itemise). |
| (State other relevant changes). |
| 3. I now apply for an order that (here state the nature of the order required). |
| Sworn (or affirmed) as in Form 78. |
| |
|
| | NEW ORDER FOR PAYMENT
OF JUDGMENT DEBT |
| | | Upon the application of the abovenamed defendant (or as may be) coming on for hearing the day of 20 before His Honour , and upon reading the affidavit of filed the day of 20 , and upon hearing the parties (or as may be). It is ordered that the order dated the day of 20 be rescinded and that the defendant (or as may be) do pay the balance of the judgment debt outstanding by instalments of $ a month, commencing the day of 20 (or that the application is dismissed) and it is further ordered that the defendant (or as may be) do pay the sum of $ costs of this application. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | ORDER OF COURT FOR THE
SEIZURE AND SALE IN RESPECT
OF IMMOVABLE PROPERTY |
| | | Before (Name and designation of Judicial Officer): |
| Upon the application of and upon reading the affidavit of filed on , and upon hearing , the following orders are made: |
| 1. | The interest of in the immovable property specified in the Schedule herein be attached and taken in execution to satisfy the judgment of the abovenamed dated . |
|
| 2. | (State costs orders given by the Court.) |
|
| | | | | | | | | Whole or part lot (if part lot, to state approved new lot number or strata lot number) |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
|
| (**If title document is a lease, to cancel the Vol No. and Fol No. and simply state the Lease No.) |
| Note: | This order shall, unless registered under any written law relating to such immovable property, remain in force for 6 months from the date hereof. |
|
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | | | Take notice that on the day of 20 , (date of registration under Order 47, Rule 4(1)(a)) the interest of (name of judgment debtor) in the immovable property specified in the Schedule hereto has been seized pursuant to a Writ of Seizure and Sale dated the day of 20 for the sum of $ . |
| Unless you pay the amount abovementioned together with costs of this execution within 7 days from the date hereof or obtain an order of the Court to the contrary, the same will be sold by public auction after the expiry of 30 days from the day of seizure. |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | and all others to whom it may concern |
| |
|
| | SHERIFF’S/BAILIFF’S NOTICE
SEIZING SECURITIES |
| | | Whereas by a writ of seizure and sale dated the day of 20 , a copy of which is attached, I was directed to cause to be levied and made out of the property liable to be seized under the writ of seizure and sale belonging to the sum of $ . |
| Now I do give you notice that I hereby seize the securities specified in the Schedule hereto to which the judgment debtor is beneficially entitled to satisfy the judgment of the abovenamed dated . |
| |
|
| | AFFIDAVIT IN SUPPORT
OF APPLICATION FOR ORDER FOR
EXAMINATION OF JUDGMENT DEBTOR |
| | I, of
do make oath (or affirm) and say as follows: |
| 1. I am a in the employ of solicitors for the plaintiff and am duly authorised to make this affidavit on behalf of . |
| 2. On the day of 20 , judgment was entered for the plaintiff for $ and $ costs (or as may be). The said judgment remains wholly unsatisfied (or unsatisfied as to the total sum of $ , or as may be). |
| 3. In order to enable the plaintiff to decide upon the methods to employ to enforce the said judgment, it is desired to examine the judgment debtor (or , an officer of the judgment debtor company) on the question whether any and if so what debts are owing to him (or the judgment debtor company) and/or means of satisfying the judgment debt. |
| 4. In these circumstances, I respectfully ask for an order that the said judgment debtor (or ) do attend before the Registrar to be examined on the said questions, and to produce upon such examination all books or documents in his possession relevant to the said questions at the time and place appointed for his examination. |
| Sworn (or affirmed) as in Form 78. |
| |
|
| | ORDER FOR EXAMINATION OF
JUDGMENT DEBTOR |
| | | Upon the application of and upon reading the affidavit of filed the day of 20 and upon hearing . |
| It is ordered that the abovenamed judgment debtor attend and be orally examined as to whether the said judgment debtor has any property or means on the day of 20 , before the Registrar, and that the said judgment debtor produce any books or documents in his possession or power relating to the same before the Registrar at the time of the examination and that the costs of this application and of the examination thereunder be in the discretion of the Registrar conducting the examination. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| Note: | This order requires personal service, and the copy served must be endorsed as prescribed by Order 45, Rule 7(4), when it may be enforced by committal. |
|
| |
|
| | | GARNISHEE ORDER TO SHOW CAUSE |
| | IN THE GENERAL DIVISION OF
THE HIGH COURT/STATE COURTS
OF THE REPUBLIC OF SINGAPORE |
| | | | | | | | | Upon the application of and upon reading the affidavit of sworn to (or affirmed) and filed the day of 20 and upon hearing . |
| | It is ordered by the Judge (or Registrar) that all debts due or accruing due from the abovementioned garnishee to the abovementioned judgment debtor (in the sum of $ ) be attached to answer a judgment recovered against the said judgment debtor by the abovenamed judgment creditor in the General Division of the High Court/State Courts on the day of 20 for the sum (or to answer an order made in the General Division of the High Court/State Courts on the day of 20 ordering payment by the judgment debtor to the judgment creditor of the sum) of $ ($ debt and $ costs) (together with the costs of the garnishee proceedings) on which judgment (or order) the sum of $ remains due and unpaid. |
| | And it is ordered that the garnishee attend before the Judge (or Registrar), on the day of 20 at m., on an application by the said judgment creditor that the garnishee do pay to the judgment creditor the debt due from the garnishee to the judgment debtor, or so much thereof as may be sufficient to satisfy the judgment (or order), together with the costs of the garnishee proceedings. |
| | | # This form requires sealing by the Court and the signature of the Registrar. |
| | To the abovenamed garnishee and judgment debtor. |
| |
|
[S 1043/2020 wef 02/01/2021] | | | AFFIDAVIT IN SUPPORT OF GARNISHEE ORDER |
| | IN THE GENERAL DIVISION OF
THE HIGH COURT/STATE COURTS OF
THE REPUBLIC OF SINGAPORE |
| | | | | | | I, , of , the abovenamed judgment creditor (or, state the name, the residence and the occupation or description of the deponent), do make oath (or affirm) and say as follows: |
| 1. By a judgment (or order) of the Court given in this action, and dated the day of 20 , it was adjudged (or ordered) that the abovenamed judgment debtor should pay me (or the abovenamed judgment creditor) the sum of $ , and costs $ . |
| 2. The judgment (or order) still remains unsatisfied to the extent of $ and interest amounting to $ . |
| 3. To the best of my information or belief (state the name, address and description of the garnishee) is indebted to the judgment debtor in the sum of $ or thereabouts, and is within the jurisdiction of this Court. The grounds of my information and belief are (state the sources of the deponent’s information or grounds of belief). |
| 4. I am duly authorised by the abovenamed judgment creditor to make this affidavit on his behalf. |
| Sworn (or affirmed) as in Form 78. |
| |
|
[S 1043/2020 wef 02/01/2021] | | | | | | (a) | Final garnishee order14 where garnishee owes more than judgment debt. |
|
| | Upon reading the affidavit of filed the day of 20 , and the order to show cause made herein dated the day of 20 , and upon hearing the solicitors for the judgment creditor and the garnishee, whereby it was ordered that all debts due or accruing due from the abovenamed garnishee to the abovenamed judgment debtor should be attached to answer a judgment recovered against the said judgment debtor by the abovenamed judgment creditor in the General Division of the High Court/State Courts on the day of 20 for the sum (or to answer an order made in the General Division of the High Court/State Courts dated the day of 20 ordering payment by the said judgment debtor to the abovenamed judgment creditor of the sum) of $ ($ debt and $ costs) (together with the costs of the garnishee proceedings) on which judgment (or order) the sum of $ remained due and unpaid. |
| | It is ordered that the said garnishee do forthwith pay to the judgment creditor (or into Court if the judgment creditor is resident outside the scheduled territories as defined in the Exchange Control Act (Cap. 99), or would receive payment of the said sum on behalf of a person so resident, unless the permission of the Monetary Authority of Singapore under that Act has been given unconditionally or upon conditions which have been complied with) $ being so much of the debt due from the garnishee to the judgment debtor as is sufficient to satisfy the said judgment debt and costs, together with $ the costs of the garnishee proceedings, and that the garnishee be at liberty to retain $ for his costs of this application out of the balance of the debt due from him to the judgment debtor. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| | (b) | Final garnishee order14 where garnishee owes less than judgment debt. |
|
| It is ordered that the said garnishee (after deducting therefrom $ for his costs of this application) do forthwith pay to the said judgment creditor (or into Court if the judgment creditor is resident outside the scheduled territories as defined in the Exchange Control Act, or would receive payment of the said sum on behalf of a person so resident, unless the permission of the Monetary Authority of Singapore under that Act has been given unconditionally or upon conditions which have been complied with) $ the debt due from the garnishee to the judgment debtor. And that the sum of $ the costs of the judgment creditor of this application be added to the judgment debt and be retained out of the money recovered by the judgment creditor under this order and in priority to the amount of the judgment debt. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
[S 1043/2020 wef 02/01/2021] | | ORDER FOR ISSUE BETWEEN
JUDGMENT CREDITOR AND GARNISHEE |
| | | Upon reading the affidavit of filed the day of 20 , and the provisional order15 herein, dated the day of 20 , and upon hearing counsel for the judgment creditor, the garnishee and the judgment debtor. |
| It is ordered that the judgment creditor and the garnishee proceed to the trial of an issue wherein the said judgment creditor shall be plaintiff and the said garnishee shall be defendant, and that the question to be tried shall be whether there was any debt due or accruing due in any and what amount from the garnishee to the judgment debtor at the time the said provisional order15 was served. And it is further ordered that the question of costs and all further questions be reserved to the Judge (or Registrar) trying the same issue. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | AFFIDAVIT AND NOTICE UNDER O. 50, r. 1 |
| | | In the matter of (state the settlement or other document under which the deponent’s interest arises giving the date and other particulars sufficient to identify the document) |
| In the matter of Order 50, Rule 1 of the Rules of Court. |
| I, (or the solicitor of ), of do make oath (or affirm) and say that according to the best of my knowledge, information and belief I am (or the said is) beneficially entitled under the abovementioned settlement (or as may be) to an interest in the securities specified in the notice hereto annexed. |
| | Sworn (or affirmed) as in Form 78. |
| This affidavit is filed on behalf of whose address is . Notice to be annexed to affidavit. |
To the Accountant-General,
Singapore |
| Take notice that the securities comprised in and subject to the trusts of the settlement (or as may be) referred to in the affidavit to which this notice is annexed consist of the following, namely (specify the stock, shares, etc., stating the names in which it stands). |
| This notice is intended to stop the transfer of the said securities and not the payment of any dividend thereof or interest thereon (or and also the payment of any dividend thereof or interest thereon). |
| | Deponent.
(or solicitor of deponent
if affidavit sworn by him). |
| |
|
| | ORDER RESTRAINING
TRANSFER OF STOCK, ETC. |
| | | In the matter of the trusts of |
| In the matter of Order 50, Rule 5, of the Rules of Court. |
| Upon the hearing of the application for an injunction this day made unto this Court by counsel for the applicant. |
| And the applicant by his counsel undertaking to abide by any order the Court may hereafter make should it decide that the respondents (the Accountant-General or as may be) have sustained damage by reason of this Order and are entitled to damages which the applicant ought to pay: |
| It is ordered that the Accountant-General (or the Co. Ltd., or as may be) be restrained until the day of 20 or further order from permitting the transfer of (describe stock) standing in the name of (state name of holder of stock) in their books, or any part thereof, and from paying any dividend or interest due or to become due thereon. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | SUMMONS FOR APPOINTMENT
OF RECEIVER |
| | | To: the defendant (and others) (and his solicitors) |
| Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
| 1. A receiver be appointed (or that (name of specific receiver) be appointed receiver) in this action to receive the rents, profits and moneys receivable in respect of the interest of the defendant in the following property, namely, (describe the property) in or towards satisfaction of the moneys and interest due to the plaintiff under the judgment (or order) in this action dated ; and |
| 2. Costs of this application be . |
| Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
| Issued by: (Solicitors for the ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | ORDERS FOR APPOINTMENT
OF RECEIVER, ETC. |
| | | (a) | Order directing summons for appointment of receiver and granting injunction meanwhile. |
|
| Upon the application of and upon reading the affidavit of filed the day of 20 and upon hearing . |
| It is ordered that the defendant do attend before the Judge (or Registrar) on (date/time) on the hearing of an application on the part of the plaintiff for the appointment of as receiver in this action, on the usual terms, to receive the rents, profits and moneys receivable in respect of the defendant’s interest in the following property, namely (describe the property) in or towards satisfaction of the sum of $ debt, $ costs, and interest on the said sums at the rate of % per annum from the day of 20 due under the judgment (or order) in this action dated the day of 20 . |
| | And the plaintiff (by his solicitor) hereby undertakes to abide by any order the Court may hereafter make should it decide that the said defendant has sustained damage by reason of this order and is entitled to damages which the plaintiff ought to pay, it is ordered that the defendant by himself, his agents or employees, or otherwise, be restrained, and an injunction is hereby granted restraining him, until after the hearing of the above application, from assigning, charging or otherwise dealing with the said property. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| | (b) | Order appointing receiver by way of equitable execution. |
|
| Upon the application of and upon reading the affidavit of filed the day of 20 and upon hearing . |
| (If security ordered). It is ordered that of on first giving security to the satisfaction of the Registrar, be and is hereby appointed to receive the rents, profits and moneys receivable in respect of the abovenamed defendant’s interest in the following property, namely (describe property). |
| (If no security ordered and receiver is not the plaintiff). The plaintiff being answerable for the acts and defaults of the receiver, it is ordered that of be and is hereby appointed to receive (continue as above) but he shall not receive more than the amount of the judgment debt and allowed costs of obtaining this order without leave of the Court or first giving (at the plaintiff’s costs unless otherwise ordered) the usual security to the satisfaction of the Registrar. |
| | (If no security ordered and receiver is the plaintiff: as above omitting “The plaintiff being answerable for the acts and defaults of the receiver” and the words after “the Court”.) |
| (In all cases continue as follows:) |
| That this appointment shall be without prejudice to the rights of any prior encumbrancers upon the said property who think proper to take possession of or receive the same by virtue of their respective securities or, if any prior encumbrancer is in possession, then without prejudice to such possession. |
| And that the tenants of premises comprised in the said property to attorn and pay their rents in arrears and growing rents to the receiver. |
| And that the receiver have liberty, if he shall think proper (but not otherwise), out of the rents, profits and moneys to be received by him to keep down the interest upon the prior encumbrances, according to their priorities, and be allowed such payments, if any, in passing his accounts. |
| | And that the receiver shall on the day of (3 months after the date of order), and at such further and other times as may be ordered by the Registrar leave and pass his accounts, and shall on the day of (4 months after the date of order), and at such further and other times as may be hereafter ordered by the Registrar pay the balance or balances appearing due on the accounts so left, or such part thereof as shall be certified as proper to be so paid, such sums to be paid in or towards satisfaction of what shall for the time being be due in respect of the judgment signed on the day of for the sum of $ debt and $ costs, making together the sum of $ . |
| And that the costs of the receiver (including his remuneration), the costs of obtaining his appointment, of completing his security (if any), of passing his accounts and of obtaining his discharge shall not exceed 10% of the amount due under the said judgment or the amount recovered by the receiver, whichever is less, provided that not less than $100 be allowed unless otherwise ordered. Such costs shall be taxed unless assessed by the Registrar and shall be primarily payable out of the sums received by the receiver, but if there shall be no sums received or the amount shall be insufficient, then upon the certificate of the Registrar being given stating the amount of the deficiency, such certificate to be given after passing the final account, the amount of the deficiency so certified shall be paid by the defendant to the plaintiff. |
| | It is also ordered that the balance (if any) remaining in the hands of the receiver, after making the several payments aforesaid, shall unless otherwise directed by the Registrar forthwith be paid by the receiver into Court to the credit of this action, subject to further order. |
| And that any of the parties be at liberty to apply to the Registrar as there may be occasion. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | | | Upon application made to this Court by counsel for the plaintiff and upon reading the affidavit of filed on the day of of service on the defendant of a copy of the following: |
| (1) | the ex parte originating summons or summons |
|
| (2) | the statement and the affidavit in support of the application for leave |
|
| (3) | the order of Court dated the day of |
|
| (4) | the summons for an order of committal |
|
| And it appearing to the satisfaction of the Court that the said defendant has been guilty of contempt of Court in (state the contempt): |
| It is ordered that for his said contempt, the defendant do stand committed to prison to be there imprisoned for (or until further order) (and/or be fined $ ). |
| (It is further ordered that this order shall not be executed if the said defendant complies with the following terms, namely, ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | | | To the Sheriff and all other police officers of Singapore. |
| Whereas by an order of this Court pronounced this day it was ordered that the abovenamed do stand committed to prison for his contempt mentioned in the said Order. |
| This is to direct you to apprehend the said and safely convey him to prison to be detained and kept in safe custody for (or until further order). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | APPLICATION FOR LEAVE TO GIVE NON-PUBLICATION DIRECTION UNDER ADMINISTRATION OF JUSTICE (PROTECTION) ACT 2016 |
| | | IN THE GENERAL DIVISION OF
THE HIGH COURT
OF THE REPUBLIC OF SINGAPORE |
| | | | | | In the matter of an application under section 13(1) of the Administration of Justice (Protection) Act 2016 (Act 19 of 2016) |
| | | In the matter of [Briefly describe the publication that is the subject matter of the non-publication direction]. |
| | | EX PARTE ORIGINATING SUMMONS |
| | Let the applicant attend before the Judge on (date/time), on the hearing of an application for leave to give a non-publication direction under section 13(1) of the Administration of Justice (Protection) Act 2016 to [identify publisher by name or in accordance with the Act] in the terms of the proposed non-publication direction annexed to this application. |
| | | | This summons is taken out by the Attorney-General whose address is . |
| |
|
[S 1043/2020 wef 02/01/2021] | | | APPLICATION TO SET ASIDE OR VARY NON-PUBLICATION DIRECTION UNDER ADMINISTRATION OF JUSTICE (PROTECTION) ACT 2016 |
| | | | To: The Attorney-General. |
| | Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
| | | 1. The non-publication direction for which leave was granted in this action be *set aside / varied as follows [set out the variations sought]. |
| | | 2. (State any other orders or directions as may be required). |
| | Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
| | Issued by: (Solicitors for the ). |
| | # This form requires sealing by the Court and the signature of the Registrar. |
| | * Delete whichever is inapplicable. |
| |
|
[S 543/2017 wef 01/10/2017] | | | ORDER FOR REVIEW OF DETENTION11 |
| | | | To the Superintendent of Prison at (or other person having the custody of the person under restraint). |
| | Take notice that you are required by this order to produce who is detained under your custody before the General Division of the High Court on (date/time) in order that the Court may examine and/or pronounce on the legality of the detention of the said . |
| | If you default in doing so, the Court will then, or so soon thereafter as counsel can be heard, be moved to commit you to prison for your contempt in not obeying this order. |
| | | # This form requires ealing by the Court and the signature of the Registrar. |
| | |
|
[S 1043/2020 wef 02/01/2021] | O. 55B, r. 1
O. 55C, r. 1
O. 55D, r. 3
O. 56, r. 1
O. 56A, r. 5
O. 57, r. 3 |
| | | (For Registrar’s Appeal, Title as in Action)
District Court Appeal/Civil Appeal No. of 20 . |
| | | | In the matter of No. of 20 . |
| | | | Take notice that an appeal has been filed by the abovenamed plaintiff (or defendant) to the (*District Judge in Chambers/Judge sitting in the General Division of the High Court in Chambers/General Division of the High Court/Appellate Division of the High Court/Court of Appeal). |
| | The appeal is against the decision (to specify the whole or part of the decision, in an appeal to the General Division of the High Court/Appellate Division of the High Court/Court of Appeal) of the (*Registrar of the State Courts/Registrar of the Supreme Court/Magistrate in Chambers/District Judge in Chambers/Magistrate/District Judge/Justice/Judicial Commissioner) (name) given on , as follows: |
| | Issued by: (Solicitors for the ). |
| | # This form requires sealing by the Court and the signature of the Registrar. |
| | |
|
[S 1043/2020 wef 02/01/2021] | O. 55D, r. 3
O. 56A, r. 5
O. 56A, r. 17
O. 57, r. 3
O. 57, r. 16
O. 69, r. 6
O. 69, r. 7 |
| | CERTIFICATE FOR SECURITY FOR COSTS |
| | | | | | This is to certify that of the abovenamed appellant has deposited the sum of $ by way of security for the respondent’s costs of the appeal/application* in the Registry (or with the Accountant-General). |
| *Delete whichever is inapplicable. |
| |
|
[S 1043/2020 wef 02/01/2021] | O. 55D, r. 3
O. 56A, r. 5
O. 56A , r. 17
O. 57, r. 3
O. 57, r. 16 |
| | UNDERTAKING FOR SECURITY FOR COSTS |
| | | | Subject to Order 57, Rule 3(3A) and (3B)/Order 56A Rule 5(5) and 5(6), we, the solicitors for the appellant, undertake to hold the sum of $ by way of security for your costs of the appeal/application* and, if costs are payable to the respondent under any order made by the Appellate Division/Court of Appeal, to release to you the said amount without set-off unless the Appellate Division/Court of Appeal otherwise orders. |
| | | Solicitors for the appellant(s) |
| | *Delete whichever is inapplicable. |
| |
|
[S 1043/2020 wef 02/01/2021] | O. 55D, r. 3
O. 56A, r. 5
O. 56A , r. 17
O. 57, r. 3
O. 57, r. 16 |
| CERTIFICATE FOR SECURITY FOR COSTS
(BY WAY OF AN UNDERTAKING) |
| | | | We, the solicitors for the appellant, hereby certify that we have furnished an undertaking in accordance with Order 55D, Rule 3/Order 56A, Rule 5/Order 56A, Rule 17/Order 57, Rule 3/Order 57, Rule 16 as security for the respondent’s costs of the appeal/application*. |
| | | Solicitors for the appellant(s) |
| | *Delete whichever is inapplicable. |
| |
|
[S 1043/2020 wef 02/01/2021] | | NOTICE OF FILING
RECORD OF APPEAL, ETC. |
| | | Take notice that the record of appeal, the Appellant’s Case and the appellant’s bundle of authorities in the abovementioned proceedings which were filed in the Registry on the day of 20 and the Respondent’s Case and the respondent’s bundle of authorities in the abovementioned proceedings which were filed in the Registry on the day of 20 have been this day sent to the Registrar, Supreme Court. |
| |
|
| | REFERENCE UNDER ARTICLE 100
OF THE CONSTITUTION FOR OPINION
ON CONSTITUTION QUESTION |
| | | | | | | | | | | | | | | 1. I , President of the Republic of Singapore pursuant to Article 100 of the Constitution hereby refer to the Tribunal of not less than 3 Supreme Court Judges constituted under that Article for its opinion the following question on the following provisions of the Constitution which has arisen or appears to me likely to arise. |
| | 2.—(1) Constitutional Provision |
| | | | | The relevant documents necessary for the determination of the answer to the question are attached to this Reference as Annex . |
| | | | _______________________
President |
| | | |
|
[S 1043/2020 wef 02/01/2021] | | | ORDER FOR SUBSTITUTED SERVICE |
| | | Upon the application of the plaintiff in this action and upon reading the affidavit of filed the day of 20 and upon hearing . |
| It is ordered that service of a copy of this order, and a copy of the writ of summons in this action by sending the same by a prepaid ordinary post letter addressed to the defendant at , (or such other substituted service as may be ordered) shall be good and sufficient service of the writ. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | AFFIDAVIT ON APPLICATION
FOR SUBSTITUTED SERVICE |
| | | I, of , (the abovenamed plaintiff, or solicitor for the abovenamed plaintiff, or clerk to the plaintiff’s solicitor, or clerk to the plaintiff, or as may be) do make oath (or affirm) and say as follows: |
| 1. | Having been directed by to serve the abovenamed defendant with a copy of the writ of summons in this action which appeared to me to have been regularly issued out of and under the seal of the Supreme Court/State Courts by the abovenamed plaintiff against the abovenamed defendant, and dated the day of 20 , which said writ and copy were subscribed and endorsed in the manner and form prescribed by the Rules of Court and a true copy of which said writ is now produced and shown to me, marked ‘ ’, I did on the day of 20 attend for the purpose of serving a copy of the said writ at (describe efforts to effect service). |
|
| | I have made all reasonable efforts and used all due means in my power to serve the said writ, but I have not been able to do so. |
| Sworn (or affirmed) as in Form 78. |
| Note: The affidavit should also specify the method of substituted service asked for, and state that if such service is ordered it will probably be effectual in bringing the writ (or as may be) to the knowledge of the defendant. If the defendant is evading service the affidavit should so state. |
| |
|
| | | | | (a) | Affidavit of Personal Service of writ of summons or other process on a person. |
|
| I, of , do make oath (or affirm) and say as follows: |
| 1. | I did on the day of 20 , at (state where) personally serve (the abovenamed defendant) (or one of the abovenamed defendants) (or a partner in the abovenamed defendant firm of & Co.) (or the person (the insertion of the name is not essential) having at the time of such service the control or management of the said partnership business) (or as may be) with a true copy of the writ of summons (or as may be) in this action which appeared to me to have been regularly issued out of the Registry of the Supreme Court/State Courts against (the abovenamed defendant) (or the abovenamed defendants) (or as may be) at the suit of (the abovenamed plaintiff) (or plaintiffs) (or as may be) and which was dated the day of 20 . |
|
| | 2. | The defendant (or as may be) (is known to me) (or was pointed out to me by ) (or admitted to me that he was ). |
|
| 3. | At the time of the said service the said writ (or as may be) and the copy thereof were subscribed (and endorsed) in the manner and form prescribed by the Rules of Court. |
|
| 4. | I did on the day of 20 endorse on the said writ the day of the month and the week of the said service on the said defendant. |
|
| Sworn (or affirmed) as in Form 78. |
| | (b) | Affidavit of Personal Service of writ of summons or other process on a body corporate. |
|
| I, of , do make oath (or affirm) and say as follows: |
| 1. | I did on the day of 20 (date of posting), serve the abovenamed defendant (or as may be) with a true copy of the writ of summons (or as may be) in this action, which appeared to me to have been regularly issued out of the Registry of the Supreme Court/State Courts against the abovenamed defendant (or as may be) at the suit of the abovenamed plaintiff (or as may be), and which was dated the day of 20 by leaving the same at (place of service) (or sending the same) on the day of 20 , (by registered post) (or by post in a prepaid letter or envelope) addressed to the abovenamed defendant (or as may be) at (address), which is the registered office of the said defendant (or as may be) (and as in paragraph 3 etc. of (a) above). |
|
| Note: This form may be used with necessary alterations for a foreign company registered in Singapore under the Companies Act (Cap. 50), but the affidavit must state that the company is a foreign company registered pursuant to that Act and that service is being effected on the person authorised by registration in Singapore to accept service on behalf of the defendant under that Act. |
| | (c) | Affidavit of Substituted Service by Post of writ of summons or other process. |
|
| I, of , do make oath (or affirm) and say as follows: |
| 1. | I did on the day of 20 , serve the abovenamed defendant (or as may be) with a true copy of the writ of summons (or as may be) in this action and a true copy of the order for substituted service, by posting at the Post Office at in a prepaid letter or envelope (or 2 prepaid letters or envelopes each) containing a true copy of the said writ (or as may be) and of the said order, and addressed (respectively) to the defendant (or as may be) at (and at ) pursuant to the said order. |
|
| 2. | That the said writ of summons (or as may be) appeared to me to have been regularly issued out of the Registry of the Supreme Court/State Courts against the abovenamed defendant (or as may be) at the suit of the abovenamed plaintiff (or as may be) and was dated the day of 20 (and as in paragraph 4 etc. of (a) above). |
|
| | (d) | Affidavit of Service of writ of summons by Advertisement. |
|
| I, of , do make oath (or affirm) and say as follows: |
| 1. | I did on the day of 20 , serve the abovenamed defendant with the writ of summons in this action and of the order for service by advertisement dated the day of 20 , by causing to be inserted once in (names of paper or papers as ordered) an advertisement in the words following namely: |
|
| (Title, Reference Number, etc.) |
| The abovenamed defendant, |
| 2. | The advertisement aforesaid appeared in the (name of paper) on the day of 20 , (and in the (name of paper) on the day of 20 ). |
|
| Sworn (or affirmed) as in Form 78. |
| | (e) | Form of Advertisement. |
|
| | | Take notice that an action has been commenced against you in the General Division of the High Court/State Courts in Suit No. of 20 by of , in which the plaintiff’s claim is for (state very shortly the nature of claim and the amount (if any) claimed in the endorsement on the writ). |
| | And that it has been ordered that service of the writ in the said action on you be effected by this advertisement. If you desire to defend the said action you must within days from the publication of this advertisement, inclusive of the day of such publication, enter an appearance at the Registry of the Supreme Court/State Courts. In default of such appearance judgment may be entered against you. |
| | | | (f) | Affidavit of Personal Service of Judgment or Order. |
|
| I, of , do make oath (or affirm) and say as follows: |
| 1. | I did on the day of 20 , at personally serve the abovenamed defendant (or plaintiff) with a true copy of the order (or judgment) dated in this action, now produced and shown to me marked (or recite operative part of order or judgment). |
|
| 2. | The copy of the said order (or judgment) so served as aforesaid had endorsed thereon when so served the words following, that is to say: “If you the within named neglect to obey this order (or judgment) by the time therein limited you will be liable to process of execution for the purpose of compelling you to obey the same order (or judgment)”. |
|
| Sworn (or affirmed) as in Form 78. |
| |
|
[S 1043/2020 wef 02/01/2021] | | | NOTICE OF CHANGE OF SOLICITOR |
| | | Take notice that (name of new solicitor), of , has (or have) been appointed to act as the solicitor of the abovenamed (plaintiff or defendant (if for one or more of several defendants, naming the defendant or defendants)) in this action, in the place of (name of original solicitor). |
| The address for service of the abovenamed (new solicitor) is . |
| To the abovenamed defendant (or plaintiff) or his (or their) solicitor and to (naming the former solicitor of the plaintiff (or defendant)). |
| |
|
| | NOTICE OF INTENTION OF PARTY
TO ACT IN PERSON, IN PLACE OF SOLICITOR |
| | | Take notice that I, the abovenamed plaintiff (or defendant) intend to act in person in this action in the place of and that my address for service is . |
| To the abovenamed defendant (or plaintiff) and to (naming the former solicitor of the plaintiff (or defendant)). |
| |
|
| | SUMMONS TO REMOVE SOLICITOR
FROM RECORD |
| | | To: (name of party whose solicitor has ceased to act) |
| Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
| 1. | (Name of solicitor who has ceased to act) ceases to be the solicitor acting for (name of party whose solicitor has ceased to act), plaintiff (or defendant) (or as may be) in this action (or matter); and |
|
| 2. | Costs of this application be . |
|
| Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
| Issued by: (Solicitors for the ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | ORDER REMOVING SOLICITOR
FROM THE RECORD |
| | | , solicitor for in this action (or matter) having (died, become bankrupt or any other reason for removal) and the said (name of party formerly represented by solicitor) having failed to give notice of change of solicitor or notice of intention to act in person and notice of the application having been duly served upon the said (name of party formerly represented by solicitor). |
| Upon the application of and upon reading the affidavit of filed the day of 20 and upon hearing . |
| It is ordered that the said ceases to be the solicitor acting for the said (name of party formerly represented by solicitor) in this action (or matter). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | NOTICE OF CEASING
TO ACT AS SOLICITOR |
| | | To: The Registrar and the (plaintiff/defendant (name) or his solicitors) |
| Take notice that the following solicitor has ceased to act — |
| Name of solicitor ceasing to act: |
| Party for whom the solicitor has ceased to act: |
| Address for service of the party for whom the solicitor has ceased to act: (last known address of the plaintiff or defendant, if acting in person, or the principal or registered address of the plaintiff or defendant if a body corporate). |
| Issued by: (Solicitors for the ). |
| |
|
| | SUMMONS FOR
WITHDRAWAL OF SOLICITOR |
| | | To: (name of party whose solicitor is withdrawing) |
| Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): |
| 1. | (Name of solicitor withdrawing) ceases to be the solicitor acting for (name of party represented by that solicitor), the plaintiff (or defendant) (or as may be) in this action (or matter) upon compliance with the requirements of Order 64, Rule 5(1) of the Rules of Court; and |
|
| 2. | Costs of this application be . |
|
| Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). |
| Issued by: (Solicitors for the ). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | ORDER FOR WITHDRAWAL OF SOLICITOR |
| | | , the solicitor for a plaintiff (or a defendant) in this action (or matter) having duly served notice of the application on the said . |
| Upon the application of and upon reading the affidavit of filed the day of 20 and upon hearing . |
| It is ordered that upon compliance with the requirements of Order 64, Rule 5(1) of the Rules of Court the said ceases to be the solicitor acting for the said in this action (or matter). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | CERTIFICATE OF SERVICE
OF FOREIGN PROCESS |
| | | I, , Registrar of the Supreme Court of the Republic of Singapore hereby certify that the documents annexed hereto are as follows: |
| (1) | The process received with a Request for Service; and |
|
| (2) | A copy of the evidence of service upon the person named in the process. |
|
| And I certify that such service so proved, and the proof thereof, are such as are required by the law and practice of the Supreme Court regulating the service of legal process in Singapore, and the proof thereof. |
| And I certify that the cost of effecting such service, as duly certified by me amounts to the sum of $ . |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | ORDER FOR REGISTRATION OF
FOREIGN JUDGMENT/
COMMONWEALTH JUDGMENT |
| | IN THE GENERAL DIVISION OF THE HIGH COURT
OF THE REPUBLIC OF SINGAPORE |
| | | | | | | In the matter of the (state the relevant Act). |
| | And in the matter of a judgment of the (describe the Court) obtained in (describe the proceedings) and dated the day of 20 . |
| | Upon the application of the judgment creditor in this action and upon reading the affidavit of filed the day of 20 (and upon the judgment creditor giving security in the sum of $ by payment into Court, or bond to the satisfaction of the Registrar). |
| | It is ordered that the judgment dated the day of 20 , of the (describe the foreign Court) whereby it was adjudged that the abovenamed (name of judgment creditor) of do recover against the abovenamed (name of judgment debtor) of (amount due under the judgment) be registered as a judgment of the General Division of the High Court pursuant to the Act. |
| | It is further ordered that the abovenamed (name of judgment debtor) be at liberty to apply to set aside the said registration within days after service upon him (within the jurisdiction) (or name of foreign country if to be served abroad) of notice of such registration pursuant to Order 67, Rule 7 if he has grounds for so doing, and execution upon the said judgment will not issue until after the expiration of that period or any extension of the period granted by the Court; or if an application be made to set aside the registration until such application has been disposed of. |
| | It is ordered that the costs of this application be . |
| | | # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
[S 1043/2020 wef 02/01/2021] | | CERTIFICATE UNDER THE RECIPROCAL
ENFORCEMENT OF COMMONWEALTH
JUDGMENTS ACT
(CHAPTER 264) |
| | | I, , Registrar of the Supreme Court of the Republic of Singapore, hereby certify that the judgment, a certified copy of which is annexed, was obtained by the plaintiff (or defendant) against the defendant (or plaintiff) in this action on (date) for payment of the sum of $ and $ for costs, and carries interest at the rate of % per annum calculated on the said sums of $ and $ from the date of the said judgment until payment. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | CERTIFICATE UNDER THE RECIPROCAL
ENFORCEMENT OF FOREIGN
JUDGMENTS ACT
(CHAPTER 265) |
| | | I, , Registrar of the Supreme Court of the Republic of Singapore, hereby certify that — |
| 1. The writ of summons (or as may be), a copy of which is annexed, was issued out of the Registry of the Supreme Court on (date) by the abovenamed plaintiff against the abovenamed defendant, for payment of the sum of $ in respect of (state shortly nature of claim or ground of action); |
| 2. The said writ was duly served on (date), upon the said defendant (state mode of service) (that the said defendant duly appeared to the said writ on (date)); |
| 3. The said plaintiff obtained judgment against the said defendant, a certified copy of which is annexed, for payment of the sum of $ in respect of (state shortly nature of claim or terms of judgment), together with the sum of $ for costs; |
| 4. The said judgment was obtained (state grounds on which judgment was based); |
| 5. The said judgment carries interest at the rate of % per annum calculated on the said sums of $ and $ from the date of the said judgment until payment; |
| 6. (No) objection has been made to the jurisdiction of the Court (on the grounds that ); and |
| 7. The pleadings in the action consisted of: |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
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[S 850/2014 wef 01/01/2015] | | | WRIT OF SUMMONS IN ACTION IN REM |
| | IN THE GENERAL DIVISION OF THE HIGH COURT
OF THE REPUBLIC OF SINGAPORE |
| Admiralty in Rem )
No. of 20 . ) |
| | Admiralty action in rem against: |
| | (The ship or cargo, etc., as may be) |
| | | (The owners of the ship or as may be) |
| | | (The owners of the ship or as may be) |
| To: | The (owners of and other) persons interested in the ship of the port of (or cargo, etc., as may be). |
|
| THIS WRIT OF SUMMONS has been issued by the plaintiffs against the property described above in respect of the claim endorsed herein. |
| Within 8 days after the service of this writ, you must either satisfy the claim or cause an appearance to be entered for you and in default of your so doing the plaintiffs may proceed therein, and judgment may be given in your absence, and if the property described in this writ is then under arrest of the Court it may be sold by order of the Court. |
| | Solicitors for the Plaintiff(s) |
| | Registrar,
Supreme Court
Singapore. |
| | Memorandum to be subscribed on the Writ |
| This writ may not be served more than 12 calendar months after the above date unless renewed by order of Court. |
| The defendant(s) may enter an appearance(s) either personally or by a solicitor at the Registry of the Supreme Court. |
| Endorsements to be made on the Writ before issue |
| Endorsement of claim/statement of claim |
| (Set out the endorsement or statement of claim) |
| Where the Writ of Summons is endorsed with a Statement of Claim the following must be added: |
| Note: | If the defendant enters an appearance, then, unless a summons for judgment is served on him in the meantime, he must also serve a defence on the solicitor for the plaintiff within 14 days after the last day of the time limited for entering an appearance, otherwise judgment may be entered against him without further notice. |
|
| | (If the plaintiff sues, or the defendant is sued, in a representative capacity, this must be stated in the endorsement of claim). |
| Endorsement as to solicitor and address |
| This writ is issued by of solicitor for the said plaintiff whose address is (or where the plaintiff sues in person). This writ is issued by the said plaintiff who resides at and is (state occupation) and (if the plaintiff does not reside within the jurisdiction) whose address for service is . |
| Endorsement as to service |
| This writ was served by (state the manner in which the service was effected on the named ship, cargo or freight, as the case may be) at (place) on the day of 20 . |
| Endorsed this day of 20 . |
| |
|
[S 1043/2020 wef 02/01/2021] [S 707/2019 wef 01/11/2019] | | | | | You are directed to arrest the ship of the port of (and the cargo now or lately laden therein, together with the freight due for the transportation thereof) or (and the freight due for the transportation of the cargo now or lately laden therein) and to keep the ship under safe arrest until you shall receive further orders. |
| The plaintiff’s claim is for (copy from the writ). |
| Taken out by solicitors for the . |
| Sheriff’s endorsement as to service. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | | | (Description of property giving name, if a ship). |
| | We, of , solicitors for of hereby file a caveat against the arrest of (description of property giving name, if a ship) in respect of (Description of the kind of proceedings or claim to which the caveat applies)* and hereby undertake to enter an appearance in any action that may be begun in the General Division of the High Court against the said and, within 3 days after receiving notice that such an action has been begun, to give bail in the action in a sum not exceeding dollars or to pay that sum into Court. We consent that the writ of summons and any other document in the action may be left for us at . |
| | Issued by: (Solicitors for the ). |
| | * | List the kind of proceedings or claim to which the caveat applies, such as “all proceedings”, “any proceedings on a claim mentioned in section 3(1)(g) or (h) of the High Court (Admiralty Jurisdiction) Act (Cap. 123)”, or “a collision between the vessels “ABC” and “DEF” ”, as appropriate. |
|
| |
|
[S 1043/2020 wef 02/01/2021] [S 51/2018 wef 01/02/2018] | | REQUEST4 FOR SERVICE OF WRIT
IN REM BY SHERIFF |
| | | We, of , solicitors for the plaintiffs request that the writ of summons left herewith be duly served on . |
| Solicitors for the plaintiffs. |
| |
|
| | | | | Whereas in this action you were directed to arrest the and to keep the same under safe arrest until you should receive further orders. Now you are directed to release the said from the arrest effected by virtue of the warrant in this action. |
| Taken out by solicitors for the . |
| On (date), the was released from arrest pursuant to this Instrument. |
| |
|
| | CAVEAT AGAINST
RELEASE AND PAYMENT |
| | | We, of , solicitors for of hereby file a caveat against the issue of a release with respect to (description of property giving name, if a ship) now under arrest and, should the said property be sold by order of the Court, a caveat against payment out of Court of the proceeds of sale. |
| Issued by: (Solicitors for the ). |
| |
|
| | | | | We withdraw the caveat as follows: |
| Issued by: (Solicitors for the ). |
| |
|
| | | | | | Whereas this Admiralty action in rem against the abovementioned property is pending in the General Division of the High Court and the parties to the said action are the abovementioned plaintiffs and defendants: |
| | Now, therefore, we of and , hereby jointly and severally submit ourselves to the jurisdiction of the said Court and consent that if they, the abovementioned defendants (or plaintiffs, in the case of a counterclaim) do not pay what may be adjudged against them in this action, with costs, or do not pay any sum due to be paid by them in consequence of any admission of liability therein or under any agreement by which this action is settled before judgment and which is filed in the said Court, execution may issue against us, our executors or administrators, movable property, for the amount unpaid or an amount of dollars whichever is less. |
| | This bail bond was signed by the said and , the sureties, the day of 20 . |
| | | | | |
|
[S 1043/2020 wef 02/01/2021] | | | COMMISSION FOR APPRAISEMENT AND SALE |
| | | Whereas in this action the Court has ordered (description of property giving name, if a ship) to be appraised and sold. |
| You are hereby authorised and directed to authorise and swear (name of each appraiser, valuer or surveyor) to appraise the said according to the true value thereof, and such value having been certified in writing by (him or them), to cause the said to be sold by (private treaty or public auction) for the highest price that can be obtained for it, but not for less than the appraised value unless the Court on an application allows it to be sold for less. |
| | And you are further directed, immediately upon the sale being completed, to pay the proceeds thereof into Court and to ensure that the certificate of appraisement signed by you and the (appraiser or appraisers), and an account of the sale signed by you, are filed in the Court together with this commission. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| Taken out by (solicitors for) the . |
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[S 850/2014 wef 01/01/2015] | | CERTIFICATE OF ORDER FOR COSTS
AGAINST THE GOVERNMENT |
| | | By a judgment (or order) of this Court dated the day of 20 it was adjudged (or ordered) that (give particulars of the judgment or order). |
| I hereby certify that the costs payable to by in pursuance of the said judgment (or order) are $ (or have been taxed and certified by me at $ ) and interest is payable thereon at the rate of % per annum from the day of 20 until payment. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | ORDER TO ARREST
ABSCONDING JUDGMENT DEBTOR |
| | | Whereas it has been shown to the satisfaction of the Court that the abovenamed judgment debtor is about to abscond: |
| You are hereby commanded to arrest the said and to bring him forthwith before the Court and if the Court is not sitting to deliver him to the officer-in-charge of the Prison, there to be kept until the next sitting of the Court when you are to bring him forthwith before the Court. |
| And you are hereby further required forthwith, after the execution of this order, to return the same into the Court, with the place, time and mode of execution endorsed thereon. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | ORDER TO ARREST
NON-APPEARING JUDGMENT DEBTOR |
| | | Whereas a Judgment Debtor Summons was personally served on a judgment debtor. |
| And whereas the said failed to appear on the day of 20 (pursuant to the said Judgment Debtor Summons) you are hereby commanded to arrest the said and bring him forthwith before the Court and if the Court is not sitting to deliver him to the officer-in-charge of the Prison, there to be kept until the next sitting of the Court when you are to bring him forthwith before the Court. |
| And you are hereby further required forthwith, after the execution of this order, to return the same into the Court, with the place, time and mode of execution endorsed thereon. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | ORDER OF ARREST /
ATTACHMENT OF PROPERTY
BEFORE JUDGMENT |
| | | (a) | Order to arrest before judgment. |
|
| Whereas the plaintiff in the above action has proved to the satisfaction of the Court that there is reasonable cause for believing that the defendant (here state the reasons for the order): |
| You are hereby ordered to arrest the said and to bring him forthwith before the Court and if the Court is not sitting to deliver him to the officer-in-charge of the Prison there to be kept until the next sitting of the Court when you are to bring him forthwith before the Court in order that he may show cause why he should not furnish security in the sum of $ being the amount of claim and costs for his personal appearance before the Court, while the above action is pending and until satisfaction of any order that may be made against him in the action. |
| | # This form requires sealing by the Court and the signature of the Registrar. |
| Plaintiff’s address for service is . |
| Note: | The defendant shall not be arrested if he pays to you the said sum of $ to be deposited by you in Court to abide the trial of the action or further order of the Court. |
|
| | (b) | Order to attach property before judgment. |
|
| Whereas the plaintiff in the above action has proved to the satisfaction of the Court that there is reasonable cause for believing that the defendant (here state the reasons for the order): |
| You are hereby ordered to forthwith seize all movable property liable to be seized under a Writ of Seizure and Sale which shall be identified by or on behalf of , the plaintiff as belonging to the defendant to the value of $ being the amount of claim and costs as a pledge or surety to answer the just claim of the plaintiff amounting to $ and costs estimated at $ until the trial of this action and satisfaction of any judgment that may be given against the defendant herein. |
| | # This form requires sealing by the Court and the signature of the Registrar. |
| Plaintiff’s address for service is . |
| Note: | The property shall not be seized if the defendant pays you the sum of $ to be deposited by you in Court to abide the trial of the action or further order of the Court. |
|
| |
|
| | NOTICE OF APPLICATION FOR LEAVE
TO ISSUE JUDGMENT DEBTOR SUMMONS |
| | Take notice that the abovenamed plaintiff intends to apply to the
Court of the State Courts, 1 Havelock Square, Singapore, on
(date/time) for leave to issue a judgment debtor summons against on the ground that the abovenamed is liable as a partner in the firm of (name of defendant firm) or as the person carrying on business in the firm of (name of defendant firm) to pay the sum payable under the judgment (or order). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | AFFIDAVIT FOR LEAVE TO ISSUE
A JUDGMENT DEBTOR SUMMONS |
| | | I, (name, address and description of deponent) make oath (or affirm) and say as follows: |
| 1. On the day of 20 , I (or the plaintiff) obtained judgment (or an order) in this action in this Court against the defendants (state firm name in which defendants were sued) for the sum of $ and $ costs and there is now due and payable under the said judgment (or order) the sum of $ . |
| 2. I allege that (state name, residence and occupation) is liable as a partner in the said firm (or as the person carrying on business in the said firm name) to pay the sum payable under the said judgment (or order), and I make this allegation on the following grounds: |
| (State any ground on which the person named is alleged to be liable, with the deponent’s sources of information and grounds of belief.) |
| 3. (Where the plaintiff does not make the affidavit, add) I am duly authorised by the plaintiff to make this affidavit on his behalf. |
| Sworn (or affirmed) as in Form 78. |
| |
|
| | | | | You are hereby summoned to appear before the Court of the State Courts, on (date/time) then and there to be examined respecting your ability to satisfy the judgment recovered against you in the above action on the day of 20 for $ and $ costs upon which judgment the sum of $ is still due. |
| Take notice that if you do not so appear an order for your arrest may be issued. |
| | # This form requires sealing by the Court and the signature of the Registrar. |
| To of the abovenamed Judgment Debtor. |
| | (b) | To a partner or person carrying on business in a name other than his own. |
|
| Whereas the plaintiff obtained judgment (or an order) against the defendant firm in this Court on the day of 20 for the sum of $ and $ costs upon which judgment the sum of $ is still due: |
| And whereas (on your own admission in the proceedings) (or having been individually served with the summons in this action as a partner you failed to appear at the trial) (or having been adjudged to be liable as a partner) you are liable under the said judgment (or order) as (a partner in the defendant firm) (or the person carrying on business in the name of the defendant firm): |
| And whereas the Court has granted leave to issue this judgment debtor summons against you: |
| You are hereby summoned to appear before the Court of the State Courts, on (date/time) then and there to be examined on your ability to satisfy the said judgment (or order). |
| | Take notice that if you do not so appear (or if the person to be served has not admitted in the proceedings that he is liable as a partner, or has not been adjudged to be liable as a partner, or has not been individually served as a partner and failed to appear at the trial) you will be deemed to admit your liability to pay the amount, due under the said judgment or order, and an order for your arrest may be issued. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| (Name of person (one person only to each summons) alleged to be a partner in, or carrying on business in the name of, the firm against which judgment (or order) has been obtained) of . |
| | (c) | To an officer of a corporation. |
|
| You are hereby summoned to appear before the Court of the State Courts, on (date/time) then and there to be examined on the ability of the abovenamed defendant corporation to satisfy the judgment (or order) recovered (or made) against the said corporation in the above action on the day of 20 for $ and costs of $ upon which judgment (or order) the sum of $ is still due. |
| Take notice that if you do not so appear an order for your arrest may be issued. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| To of (an officer) of the abovenamed defendant corporation. |
| | (d) | In respect of an order of the Commissioner for Labour. |
|
| You are hereby summoned to appear before the Court of the State Courts, on (date/time) then and there to be examined respecting your ability to satisfy the order made against you by the Commissioner for Labour on the day of 20 whereby you were ordered to pay $ to and whereof a certificate signed and sealed by the Commissioner for Labour was on the day of 20 filed and recorded in this Court under which order the sum of $ is still due. |
| Take notice that if you do not appear an order for your arrest may be issued. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| To the abovenamed judgment debtor. |
| |
|
| | | | | Take notice that you are required to attend at the Supreme Court/State Courts on (date/time) to show cause why you should not be committed to prison for having disobeyed the order of the Court dated the day of 20 , that is to say, in having made default in payment of the instalment due thereunder (or here state the order disobeyed or not complied with). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | | | Whereas an order was made by the Court on the day of 20 , whereby it was ordered that , the abovenamed judgment debtor pay the judgment debt and costs by instalments of $ a month (or as may be): |
| And whereas he has made default in the payment of instalment amounting to $ (or as may be): |
| You are hereby commanded to arrest the said and to deliver him to the officer-in-charge of the Prison, there to be kept for the term of days from the arrest under this Order or until earlier payment of the instalment due amounting to $ (or as may be). |
| | # This form requires sealing by the Court and the signature of the Registrar. |
| Note: | The judgment debtor shall not be arrested if he pays to you the said sum of $ to be deposited by you in Court. |
|
| |
|
| | | CERTIFICATE OF SATISFACTION |
| | | I, of , being the judgment creditor, hereby certify that the judgment debt in respect of which the judgment debtor is imprisoned has been satisfied and I request that the said be discharged from detention. |
| Signed by
the day of 20
in the presence of |
| | | | Commissioner for Oaths,
Singapore. |
| | | To the Officer-in-charge of the Prison, |
| This certificate is sufficient authority for the discharge of the judgment debtor from detention under the Order of Commitment No. of 20 issued in respect of non-payment of the judgment debt. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | | | To the Officer-in-charge of the Prison, |
| Whereas it has been shown to the satisfaction of the Court that the judgment debtor has satisfied the judgment debt in respect of which he is imprisoned under an Order of Commitment No. of 20 dated the day of 20 , in the above action. |
| You are hereby commanded to discharge from your custody the said judgment debtor for which this shall be your sufficient authority. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | ORDER SUSPENDING AN ORDER OF
COMMITMENT OR
FOR DISCHARGE OF DEBTOR |
| | | On the application of and upon reading the affidavit of filed the day of 20 and upon hearing and the Court being satisfied that the defendant (or judgment debtor) is unable to pay the sum recovered against him (or the instalments due) under the judgment (or order). |
| It is ordered that the said judgment (or order) be suspended for (state time) upon the following terms: (state terms) (or that the defendant be discharged from custody under the Order of Commitment No. of 20 , upon the following terms, namely: (state terms, including, if so ordered, liability to re-arrest if the terms are not complied with)). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | AFFIDAVIT IN SUPPORT OF
APPLICATION FOR DISTRESS |
| | | I, of , do make oath (or affirm) and say that I am the landlord (or his attorney or duly authorised agent) and that (the defendant) is justly indebted to in the sum of dollars ($ ) being arrears of rent of the premises No. Singapore due for months from the day of 20 to the day of 20 at the rate of Dollars ($ ) a month payable in advance (arrears) on the day of each month (less the sum of Dollars ($ ) paid to account). |
| Sworn (or affirmed) as in Form 78. |
| |
|
| | | | | I (We), of , hereby authorise of to apply on my (our) behalf under the Distress Act (Cap. 84) for a writ of distress for all the arrears of rent now due to me (us) (or to be hereafter due) on property situated at (describe property) to which I (we) am (are) entitled to distrain as (owner, lessee, trustee, guardian or as may be (or together with )). |
| Signed by
the day of 20
in the presence of |
| | | Solicitor (or Commissioner for Oaths). |
| |
|
| | | | | | I hereby direct you to distrain the movable property found on the premises No. (give full address) for the sum of dollars and cents , ($ ) being the amount of months’ rent due to for the same, from the day of 20 to the day of 20 , together with costs amounting to $ and the prescribed fees and the expenses of executing this Writ, according to the provisions of the Distress Act (Cap. 84). |
| But you are hereby expressly prohibited from taking any property not legally liable to a distress for rent. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | AUTHORITY TO FOLLOW GOODS |
| | | Upon the application of the Sheriff/bailiff and upon hearing the evidence of (or reading the affidavit of filed the day of 20 ) and it appearing from the said evidence (or affidavit) that on the day of 20 certain property liable to be seized under the Writ of Distress issued herein namely (specify the property liable to be seized alleged to have been removed) was removed from the premises No. with the intention of hindering or preventing the distraint thereof. |
| It is ordered that the Sheriff/bailiff do follow and seize the said property in execution of the writ, wherever it may be found and deal therewith as if it had been seized upon the said premises in accordance with the provisions of the Distress Act (Cap. 84). |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | CONSENT OF LITIGATION REPRESENTATIVE3
OF PERSON UNDER DISABILITY |
| | | I, of , consent to be the litigation representative3 of the abovenamed plaintiff (or defendant), a minor (or a person lacking capacity) in this action, and I authorise of , Advocates and Solicitors, to act on my behalf. |
| Signed by the said
the day of 20
in the presence of |
| | | | Solicitor
(or Commissioner for Oaths). |
| | |
|
| | CERTIFICATE BY SOLICITOR FOR PERSON
UNDER DISABILITY |
| | | I, of , solicitor for the litigation representative3 hereby certify that I know (or believe) that (name of minor) (or name of person lacking capacity) is (a minor) (or a person lacking capacity) (give the grounds of knowledge or belief) and that the abovenamed (name of litigation representative3) has no interest in the cause (or matter) in question adverse to that of the minor (or the person lacking capacity). |
| |
|
| | | ORDER FOR PARTICULARS (PARTNERSHIP) |
| | | Upon the application of and upon reading the affidavit of filed the day of 20 , and upon hearing . |
| It is ordered that the furnish the with a statement in writing, verified by affidavit, setting forth the names of the persons constituting the members or co-partners of their firm, pursuant to the Rules of Court, Order 77, Rule 2, and that the costs of this application be . |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | NOTICE OF SERVICE ON
MANAGER OF PARTNERSHIP |
| | | (Endorsed on Writ of Summons) |
| Take notice that the writ of summons is served on you as the person having the control or management of the partnership business of the abovenamed defendant firm of (and also as partner in the said firm (a).) |
| Solicitors for the Plaintiff. |
| Note: | (a) If the person served with the writ of summons is served in the 2 capacities of manager and partner, the clause should be left standing. If he is served as manager only, it should be struck out. |
|
| |
|
| | | ORDER FOR POSSESSION UNDER ORDER 81 |
| | | Upon hearing and upon reading the affidavit of filed the day of 20 , it is ordered that the plaintiff A.B. do recover possession of the land described in the originating summons as (and the defendant do give possession of the said land on ) (and that the defendant do pay the plaintiff $ costs (or to be taxed)). |
| The above costs have been taxed and allowed at $ as appears by the Registrar’s certificate dated the day of 20 . |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | WRIT OF POSSESSION UNDER ORDER 81 |
| | | Whereas it was on the day of 20 ordered that the plaintiff A.B. do recover possession of (described the land recovery of which has been ordered) (and that the defendant C.D. do pay him $ costs (or costs to be taxed, which costs have been taxed and allowed at $ as appears by the Registrar’s certificate dated the day of 20 )). |
| You are directed that you enter the said land and cause A.B. to have possession of it. |
| | (And you are also directed that of the goods, chattels and other property of C.D. authorised by law to be seized in execution you cause to be made (the sum(s) of $ (and $ for costs of execution)) and also interest on $ at the rate of per cent per annum from the day of 20 until payment (together with Sheriff’s/bailiff’s expenses, costs of levying and other legal, incidental expenses) and that immediately after execution of this writ you pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest.) |
| And you are also directed that you endorse on this writ immediately after execution thereof a statement of the manner in which you have executed it and send a copy of the statement to A.B. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | [Deleted by S 850/2014 wef 01/01/2015] |
|
|
[S 850/2014 wef 01/01/2015] | | SEARCH WARRANT UNDER
SECTION 34 OF THE CORRUPTION,
DRUG TRAFFICKING
AND OTHER SERIOUS CRIMES
(CONFISCATION OF BENEFITS) ACT
(CHAPTER 65A) |
| | | To (authorised officer to be specified) |
| Whereas information has been laid before me that there is an investigation into drug dealing or criminal conduct, and it has been made to appear to me that the production of the articles specified in the Schedule below is likely to be of substantial value to such investigation [now being made (or about to be made)] into the said drug dealing or criminal conduct: |
| This is to authorise and require you to search for the said articles specified in the Schedule below in the (describe the premises or part thereof, to which the search is to be confined), and, if found, to produce the same forthwith before the Court at returning this warrant with an endorsement certifying what you have done under it, immediately upon its execution. |
| Given under my hand and the seal of the Court, this day of 20 . |
| | | Registrar/District Judge/Magistrate |
| | # This form requires sealing by the Court. |
| |
|
[S 235/2016 wef 01/06/2016] | | SEARCH WARRANT UNDER
SECTION 34 OF
THE MUTUAL ASSISTANCE
IN CRIMINAL MATTERS ACT
(CHAPTER 190A) |
| | | To (authorised officer to be specified) |
| Whereas information has been laid before me that there is a criminal matter in respect of a foreign offence and it has been made to appear to me that the production of the articles specified in the Schedule below is likely to be of substantial value to the criminal matter in respect of which the application is made: |
| This is to authorise and require you to search for the said articles specified in the Schedule below in the (describe the premises or part thereof, to which the search is to be confined), and, if found, to produce the same forthwith before that Court at returning this warrant with an endorsement certifying what you have done under it, immediately upon its execution. |
| Given under my hand and the seal of the Court, this day of 20 . |
| | | Registrar/District Judge/Magistrate |
| | # This form requires sealing by the Court. |
| |
|
| | CERTIFICATE OF SERVICE OF FOREIGN
PROCESS UNDER SECTION 38(3)(b)(i) OF
THE MUTUAL ASSISTANCE IN
CRIMINAL MATTERS ACT
(CHAPTER 190A) |
| | | I, , Registrar of the Supreme Court of the Republic of Singapore hereby certify that the service of the process as requested by [to state the appropriate authority of the foreign country] was effected in accordance with the procedures proposed in the request or Order 89B, Rule 21(2) of the Rules of Court*. |
| The affidavit of service of the process is attached to this Certificate. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| *Delete whichever is inapplicable. |
| |
|
| | STATEMENT OF REASON PREVENTING
SERVICE OF FOREIGN PROCESS
UNDER SECTION 38(3)(b)(ii) OF
THE MUTUAL ASSISTANCE IN
CRIMINAL MATTERS ACT
(CHAPTER 190A) |
| | | I, , Registrar of the Supreme Court of the Republic of Singapore hereby state that the process annexed hereto was not served upon the person named in the process as requested by [to state the appropriate authority of the foreign country]. |
| The reasons which prevented the service of the process are set out in the affidavit of attempted service which is attached to this Statement. |
| # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
| | | | | (a) | In the case of persons under section 4(1)(a) of the Oaths and Declarations Act (Cap. 211). |
|
| I swear by Almighty God that |
| [the evidence I shall give in this Court/tribunal/inquiry (or such other hearing) shall be] |
| [the contents of this affidavit are] |
| the truth, the whole truth, and nothing but the truth. So help me God. |
| Taken and subscribed before me at , this day of 20 . |
| Officer Administering the Oath |
| | (b) | In the case of Interpreters under section 4(1)(b) of the Oaths and Declarations Act (Cap. 211). |
|
| I, , having been appointed an Interpreter of the , do solemnly swear that I will faithfully interpret, translate and transcribe from the language into the English language and from the English language into the language to the best of my knowledge, skill and ability and without fear or favour, affection or ill-will. |
| Taken and subscribed before me at , this day of 20 . |
| Officer Administering the Oath |
| |
|
| | | | | (a) | In the case of persons under section 4(1)(a) read with section 5 of the Oaths and Declarations Act (Cap. 211). |
|
| I solemnly and sincerely declare and affirm that [the evidence I shall give in this Court/tribunal/inquiry (or such other hearing) shall be] |
| [the contents of this affidavit are] |
| the truth, the whole truth, and nothing but the truth. |
| Taken and subscribed before me at , this day of 20 . |
| Officer Administering the Affirmation |
| | (b) | In the case of Interpreters under section 4(1)(b) read with section 5 of the Oaths and Declarations Act (Cap. 211). |
|
| I, , having been appointed an Interpreter of the , do solemnly affirm that I will faithfully interpret, translate and transcribe from the language into the English language and from the English language into the language to the best of my knowledge, skill and ability and without fear or favour, affection or ill-will. |
| Taken and subscribed before me at , this day of 20 . |
| Officer Administering the Affirmation |
| |
|
| | WARRANT FOR SEARCH AND SEIZURE
UNDER SECTION 11(1)(a) OF THE TERRORISM
(SUPPRESSION OF FINANCING) ACT
(CHAPTER 325) |
| | | To (authorised officer to be specified) |
| Whereas information has been laid before me that the property specified in the Schedule below is owned or controlled by or on behalf of a terrorist or terrorist entity/has been or will be used, in whole or in part, to facilitate or carry out a terrorist act and there are reasonable grounds to believe that an order of forfeiture may be made against the property under section 24 of the Act: |
| | This is to authorise and require you to search for the said property specified in the Schedule below in the (describe the building, receptacle or place to which the search is to be confined), and, if found, to seize and produce the same forthwith before the Court at returning this warrant with an endorsement certifying that you have done under it, immediately upon its execution. |
| Given under my hand and the seal of the Court, this day of 20 . |
| | | | # This form requires sealing by the Court. |
| |
|
| O. 90, r. 4
O. 90, r. 9
O. 95, r. 3 |
| | DIRECTIONS TO ACCOUNTANT-GENERAL |
| | | Ledger Account (if the same as the cause state ‘as above’). |
| Pursuant to (insert the provision of law by which payment into Court is made), the Accountant-General is hereby directed to receive the sum of $ (paid in on behalf of the defendant in satisfaction of the claim of the plaintiff or the funds and securities specified in the Schedule hereto or as may be). |
| | Note: Where funds are lodged in Court not being moneys paid in under Order 14 or as security for costs or in satisfaction of a judgment or order, but are to be lodged under an order comprising funds of various nature and directing lodgment by one or more persons, a single direction may be issued, and the particulars stated in a schedule to the direction, e.g.: |
| | | | | Particulars of fund to be lodged |
| | Persons to make the lodgment |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | Ledger Account (if the same as the cause state ‘as above’). |
The Accountant-General is hereby directed to pay to (insert the name of person to be paid and whether as plaintiff or defendant or as solicitor to plaintiff or defendant) the sum of dollars (in words at length)
$ , and any interest accrued thereon (if such is payable), lodged in Court in the above cause or matter on behalf of the defendant in satisfaction of the claim of the plaintiff (or as may be). |
| | (c) | Certificate of Ascertained Sums. |
|
| Ledger Account (if the same as the cause state ‘as above’). |
| I hereby certify that under Order dated the day of 20 the sums stated in the Schedule subjoined hereto amounting in the whole to $ have been ascertained to be the sums payable under the said Order to the persons respectively named in respect of (state in what character paid). |
| | | | | | | | | | | | | | | | | | | | | | | |
|
| | AUTHORITY TO COMPANY
TO REGISTER TRANSFER |
| | To the Co. Ltd.,
Singapore. |
| Please register transfer of shares Nos. from to the Accountant-General. |
| | The abovementioned shares have this day been transferred as authorised. |
| Secretary of the Co. Ltd. |
| |
|
| | | | | Ledger Account (if the same as the cause state ‘as above’). I (name and address of applicant) solemnly and sincerely declare that I am the (degree of relationship) and next or one of the next-of-kin of (name of deceased) and that I am entitled to take out Letters of Administration to his estate and to receive the sum of $ directed to be paid to him by the Order dated the day of 20 . And I further declare that the total value of the assets of the deceased including the above sum does not exceed $10,000 and I certify that the funeral and other testamentary expenses of the deceased have been paid. And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths and Declarations Act (Cap. 211). |
| | Declared before me this day of 20 . |
| (Name and designation of officer administering oath) |
| |
|
| | | | | | | | | | | No. of action or proceedings |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | No. of action or proceedings |
| | | | | Page and Book No. of Account Book (Receipts) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
|
| | STATE COURTS
INSTALMENT LEDGER ACCOUNT |
| | | | | | Court Order No. ____________ |
| | | | Date of Court Order ___ No. __ |
| | | | | | | | | | RECORD OF RECEIPTS AND PAYMENTS |
| | | | | | | | | | | | | | | | | | | | | | | | | | | Note: This card must be completed on each occasion a debtor pays in and on each occasion a creditor receives a payment. |
| | | †J.C. = Judgment Creditor |
| |
|
| | REQUEST4 FOR HEARING DATES/
FURTHER HEARING DATES |
| | | Request for the matter to be fixed for hearing/further hearing* before: Judge/Registrar* |
| Number of hearing/further hearing* days requested: days |
| Number of hearing days previously expended: days |
| Issued by: (Solicitors for the ). |
| (*Delete as appropriate). |
| |
|
| | | ADVERTISEMENT OF APPLICATION |
| | | Notice is hereby given that an application to the Court for directions on claims for compensation in respect of the following matter was made by of on : |
| (Give date and brief particulars of the subject contravention of the Securities and Futures Act (Cap. 289) and name of the contravening person, the defendant corporation, the defendant partnership or the defendant individual, as the case may be) |
| Notice is further given that the Court will sit at
on 20 at am/pm to hear the application; and any person desiring to claim compensation against the contravening person, the defendant corporation, the defendant partnership or the defendant individual, as the case may be, for the same contravention must, at least 7 clear days before the date of hearing, state his claim in accordance with the Rules of Court and must, within 3 days of filing his claim, serve it on the contravening person, the defendant corporation, the defendant partnership or the defendant individual, as the case may be. A person who, after filing his claim, fails to appear at the hearing in person or by his counsel may be barred from bringing any claim against the contravening person, the defendant corporation, the defendant partnership or the defendant individual. |
| The Applicant’s solicitor is of . |
| |
|
| | ORDER FOR REGISTRATION OF
COMMITMENT/COMPETITION COMMISSION
DIRECTION/COMPETITION
APPEAL BOARD DECISION |
| | IN THE STATE COURTS
OF THE REPUBLIC OF SINGAPORE |
| | In the matter of section 85(1) of the Competition Act (Cap. 50B). |
| And in the matter of a Commitment accepted by the Competition and Consumer Commission/Competition and Consumer Commission Direction/Competition Appeal Board Decision* obtained in (describe the proceedings) and dated the day of 20 . |
| Upon the application of , and upon reading the affidavit of filed the day of 20 (and upon giving security in the sum of $ by payment into Court, or bond to the satisfaction of the Registrar). |
| | It is ordered that the Commitment accepted by the Competition and Consumer Commission/Direction of the Competition and Consumer Commission of Singapore/Decision of the Competition Appeal Board* dated the day of 20 , whereby the (name of the party who provided the Commitment) undertook to (state the full details of the Commitment)/it was directed that (state the full details of the Direction/Decision*(s) including the name of the party against whom the Direction/Decision* was made) be registered as an order of the District Court pursuant to section 85(1)/section 73(9) read with section 85(1)* of the Competition Act. |
| | (It is further ordered that (name of party who provided the Commitment/against whom the Direction/Decision* was made) be at liberty to apply to set aside the said registration within days after service upon him (state whether service is to be within jurisdiction or in a foreign country, the name of which is to be stated) of notice of such registration pursuant to Order 97, Rule 7 if he has grounds for so doing, and execution upon the Commitment/Direction/Decision*(s) shall not issue until after the expiration of that period or any extension of the period granted by the Court; or if an application be made to set aside the registration, until such application has been disposed of.)* |
| | It is ordered that costs of this application be . |
| # This form requires sealing by the Court and the signature of the Registrar. |
| *Delete whichever is inapplicable. |
| |
|
[S 183/2018 wef 01/04/2018] | | SHOW CAUSE NOTICE FOR
ORDER FOR DISGORGEMENT
AGAINST THIRD PARTY |
| | (Issued pursuant to the order of (name of Judge) dated the day of
20 .) |
| Take notice that an application for an order for disgorgement has been brought against you. In it the applicant claims against you (state the nature of the applicant’s claim) as appears from the originating summons a copy whereof is served herewith (together with a copy of the originating summons). |
| Notice is further given that the Court will sit at on
20 at am/pm to give you an opportunity to show cause why the order should not be made. |
| If you do not appear at the hearing for the showing of cause, the Court may make such order as it deems appropriate. |
| |
|
| | ADVERTISEMENT OF APPLICATION
FOR DIRECTIONS ON CLAIMS
FOR COMPENSATION UNDER ORDER
FOR DISGORGEMENT |
| | | Notice is hereby given that an order for disgorgement under section 236L of the Securities and Futures Act (Cap. 289) has been made against (name of third party) in respect of the following matter: |
| (Give date and brief particulars of the subject contravention of the Securities and Futures Act, name of the contravening person and circumstances leading to the third party receiving the whole or any part of the benefit of the relevant contravention) |
| | Notice is further given that an application to the Court for directions on claims for compensation to be paid out of the sum under the order for disgorgement was made by of on . |
| Notice is further given that the Court will sit at on 20 at am/pm to hear the application; and any person desiring to claim compensation against (the third party) in respect of the same contravention must, at least 7 clear days before the date of hearing, state his claim in accordance with the Rules of Court and must, within 3 days of filing his claim, serve it on (the third party). A person who, after filing his claim, fails to appear at the hearing in person or by his counsel may be barred from bringing any claim against (the third party). |
| The Applicant’s solicitor is of . |
| |
|
| | ORDER FOR REGISTRATION OF
PERSONAL DATA PROTECTION COMMISSION DIRECTION/PERSONAL DATA PROTECTION COMMISSION NOTICE/DATA PROTECTION APPEAL COMMITTEE DECISION* |
| | IN THE STATE COURTS
OF THE REPUBLIC OF SINGAPORE |
| | In the matter of section 48M(1) of the Personal Data Protection Act 2012 (Act 26 of 2012). |
| And in the matter of a Direction of the Personal Data Protection Commission/a Notice of the Personal Data Protection Commission/a Decision of the Data Protection Appeal Committee* obtained in (describe the proceedings) and dated the day of 20 . |
| Upon the application of , and upon reading the affidavit of filed the day of 20 . |
| | It is ordered that the Direction of the Personal Data Protection Commission/Notice of the Personal Data Protection Commission/Decision of the Data Protection Appeal Committee* dated the day of 20 , whereby it was directed that (state the full details of the Direction/Notice/Decision*(s) including the name of the party against whom the Direction/Notice/Decision* was made) be registered as an order of the District Court pursuant to section 48M(1)/section 48Q(6) read with section 48M(1)* of the Personal Data Protection Act 2012. |
| | (It is further ordered that (name of party against whom the Direction/Notice/Decision* was made) be at liberty to apply to set aside the said registration within days after service upon him (state whether service is to be within jurisdiction or in a foreign country, the name of which is to be stated) of notice of such registration pursuant to Order 105, Rule 7 if he has grounds for so doing, and execution upon the Direction/Notice/Decision*(s) shall not issue until after the expiration of that period or any extension of the period granted by the Court; or if an application be made to set aside the registration, until such application has been disposed of.)* |
| | It is ordered that costs of this application be . |
| | # This form requires sealing by the Court and the signature of the Registrar. |
| *Delete whichever is inapplicable. |
|
|
[S 71/2021 wef 01/02/2021] | | [Deleted by S 850/2014 wef 01/01/2015] |
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[S 850/2014 wef 01/01/2015] | | [Deleted by S 850/2014 wef 01/01/2015] |
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[S 850/2014 wef 01/01/2015] | | | | | | UNDER ORDER 108, RULE 1(2) |
| | | | | | Pursuant to Order 108, Rule 1(2) of the Rules of Court, the Plaintiff(s) and the Defendant(s) hereby agree that Order 108 of the Rules of Court shall apply to these proceedings, and that the District Court shall hear these proceedings using the simplified process under that Order. |
| | | Solicitors for the Plaintiff(s) |
| | Solicitors for the Defendant(s) |
| |
|
| | | | | | | | The following is a list of the documents relating to the matters in question in this action which are or have been in the possession, custody or power of the abovenamed plaintiff (or defendant) and/or are referred to in the (state the type of pleading), which is served in compliance with Order 108, Rule 2 of the Rules of Court. |
| | 1. The plaintiff (or defendant) has in his possession, custody or power the documents relating to the matters in question in this action set out in Schedule 1 to this list of documents. |
| | 2. The plaintiff (or defendant) had, but does not now have, in his possession, custody or power the documents relating to the matters in question in this action set out in Schedule 2 to this list of documents. |
| | 3. Of the documents in Schedule 2, those numbered in the Schedule were last in the plaintiff’s (or defendant’s) possession, custody or power on (state when) and the remainder on (state when). |
| | (State what has become of the documents in Schedule 2 and who has possession of those documents now.) |
| | 4. Other than the documents set out in Schedules 1 and 2 to this list of documents, neither the plaintiff (or defendant), nor his solicitor nor any other person on his behalf, has now, or at any time in the past ever had, in his possession, custody or power any document of any description whatever relating to any matter in question in this action. |
| | | (Set out in a convenient order the documents (or bundles of documents, if of the same nature, such as invoices) in the possession, custody or power of the party in question, with a short description of each document or bundle sufficient to identify it.) |
| | | (Set out as stated above the documents which have been, but at the date of service of the list are not, in the possession, custody or power of the party in question.) |
| | | | To the defendant (or plaintiff) and his solicitor. |
| |
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| | [Deleted by S 357/2021 wef 01/06/2021] |
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| | [Deleted by S 357/2021 wef 01/06/2021] |
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| | [Deleted by S 357/2021 wef 01/06/2021] |
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| | [Deleted by S 357/2021 wef 01/06/2021] |
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| | [Deleted by S 357/2021 wef 01/06/2021] |
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| | [Deleted by S 357/2021 wef 01/06/2021] |
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| | [Deleted by S 357/2021 wef 01/06/2021] |
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| | [Deleted by S 357/2021 wef 01/06/2021] |
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| | [Deleted by S 357/2021 wef 01/06/2021] |
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| | | | | | | | IN THE SINGAPORE INTERNATIONAL COMMERCIAL COURT |
| | | | | | | | | To THE DEFENDANT(S) [name] |
| | | THIS WRIT OF SUMMONS has been issued against you by the abovenamed Plaintiff(s) in respect of the claim endorsed herein. Within days after the service of this Writ on you, you must either satisfy the claim or cause an appearance to be entered for you using the electronic filing service and in default of your so doing the Plaintiff(s) may proceed with the action and judgment may be entered against you without further notice. |
| | | Counsel for the Plaintiff(s). |
| | | | | | | | Registrar
Supreme Court,
Singapore. |
| | | If any defendant is outside the jurisdiction, a separate period of time for entering appearance must be inserted.) |
| | Memorandum to be subscribed on the writ |
| | This writ may not be served more than 12 months after the above date unless renewed by order of the Court. |
| | The defendant(s) may enter an appearance(s) either personally or by a counsel at the Registry of the Supreme Court. |
| | Endorsements to be made on writ before issue. |
| | Endorsement of claim/statement of claim. |
| | (Set out the endorsement or statement of claim). |
| | (If the plaintiff’s claim is for a debt or liquidated demand only, the following endorsement must be added at the foot of the claim:). |
| | And $ for costs. If the amount claimed and costs be paid to the plaintiff or his counsel within days after service hereof, further proceedings will be stayed. |
| | Where the Writ of Summons is endorsed with a Statement of Claim the following must be added: |
| | Note: If the defendant enters an appearance, then he must also serve a defence on the counsel for the plaintiff within 14 days after the last day of the time limited for entering an appearance, otherwise judgment may be entered against him without further notice. |
| | (If the plaintiff sues, or the defendant is sued, in a representative capacity, this must be stated in the endorsement of claim). |
| | Endorsement as to counsel and address. |
| | This writ is issued by of counsel for the said plaintiff whose address is (or where the plaintiff sues in person). This writ is issued by the said plaintiff who resides at and is (state occupation) and (if the plaintiff does not reside within the jurisdiction) whose address for service is . |
| | Endorsement as to service. |
| | This writ was served by by way of personal service (or as may be) (state manner of service or in accordance with the terms of an order for substituted service) on the defendant (who is known to me) (or who was pointed out to me by ) (or who admitted to me that he was ) at (place) on the day of 20 . |
| | Endorsed this day of 20 . |
| | |
|
| | | | | | | | IN THE SINGAPORE INTERNATIONAL COMMERCIAL COURT |
| | O.S. No. )
of 20 . )
(Seal) )
(In the matter of ) |
| | | | | | To THE DEFENDANT(S) [name] |
| | | Let all parties concerned attend before the Judge (or Registrar) on (date/time), on the hearing of an application by the plaintiff that . |
| | | | Memorandum to be subscribed on the summons |
| | This summons is taken out by of counsel for the said plaintiff whose address is (or where the plaintiff sues in person). This summons is taken out by the said plaintiff who resides at and is (state occupation) and (if the plaintiff does not reside within the jurisdiction) whose address for service is . |
| | Note: This summons may not be served more than 12 months after the above date unless renewed by order of the Court. |
| | If a defendant does not attend personally or by his counsel at the time and place abovementioned, such order will be made as the Court may think just and expedient. |
| | Unless otherwise provided in any written law, where the plaintiff intends to adduce evidence in support of an originating summons, he must do so by affidavit, and must file the affidavit or affidavits and serve a copy thereof on every defendant not later than 7 days after the service of the originating summons. |
| |
|
[S 235/2016 wef 01/06/2016] | | | | | | | | | | | Take notice that (name of counsel), of , has/have* been appointed to act as counsel for the abovenamed plaintiff/plaintiffs/defendant/defendants* (if for one or more of several defendants, name the defendant or defendants) in this action. |
| | (a) | an advocate and solicitor of the Supreme Court who is/is not* registered under section 36E of the Legal Profession Act, and who practises in a Singapore law practice/Joint Law Venture or its constituent foreign law practice/Qualifying Foreign Law Practice/licensed foreign law practice*.* |
|
| (b) | a person admitted to practise as an advocate and solicitor under section 15 of the Legal Profession Act.* |
|
| (c) | a foreign lawyer who is granted full registration under section 36P of the Legal Profession Act.* |
|
| | | | To the abovenamed defendant/defendants/plaintiff/plaintiffs* or his/her/its/their* counsel. |
| | |
|
| | | | NOTICE OF CHANGE/APPOINTMENT*
OF COUNSEL |
| | | | | | | Take notice that (name of new/appointed counsel), of , has/have* been appointed to act as counsel for the abovenamed plaintiff/plaintiffs/defendant/defendants* (if for one or more of several defendants, name the defendant or defendants) in this action, in the place of (name of former counsel of party serving notice)*. |
| | The address for service of the abovenamed (new/appointed counsel) is . |
| | (a) | an advocate and solicitor of the Supreme Court who is/is not* registered under section 36E of the Legal Profession Act, and who practises in a Singapore law practice/Joint Law Venture or its constituent foreign law practice/Qualifying Foreign Law Practice/licensed foreign law practice*.* |
|
| (b) | a person admitted to practise as an advocate and solicitor under section 15 of the Legal Profession Act.* |
|
| (c) | a foreign lawyer who is granted full registration under section 36P of the Legal Profession Act.* |
|
| | | | To the abovenamed defendant/defendants/plaintiff/plaintiffs* or his/her/its/their* counsel, and to (name of former counsel of party serving notice)*. |
| | |
|
[S 697/2018 wef 01/11/2018] | | ORDER FOR RECOGNITION/
RECOGNITION AND ENFORCEMENT/
ENFORCEMENT OF A FOREIGN JUDGMENT/
JUDICIAL SETTLEMENT
UNDER THE CHOICE OF COURT
AGREEMENTS ACT 2016 |
| | | IN THE GENERAL DIVISION OF
THE HIGH COURT OF
THE REPUBLIC OF SINGAPORE |
| | | | | Judgment/Settlement* Creditor |
| | | Judgment/Settlement* Debtor |
| | In the matter of an application under section 13(1)/20(1)* of the Choice of Court Agreements Act 2016 (Act 14 of 2016). |
| | And in the matter of a foreign judgment/judicial settlement* of the (describe the court) in (city/state/country) given/concluded/approved* in (case number) on (date). |
| | Upon the application of (name of applicant) the judgment/settlement* creditor in relation to the foreign judgment/judicial settlement* and upon reading the affidavit of (name) filed on (date) [and upon the applicant giving security in the sum of ($ ) by payment into Court or bond to the satisfaction of the Registrar]*. |
| | It is ordered that the foreign judgment/judicial settlement* for the following matters is to be recognised/is to be recognised and may be enforced/may be enforced* as a judgment of the General Division of the High Court: |
| | (a) | that (name of judgment creditor or settlement creditor) do recover against (name of judgment debtor or settlement debtor) (amount due under the judgment/judicial settlement); |
|
| | (b) | (state the other orders in the foreign judgment/judicial settlement that are the subject of the application). |
|
| | It is further ordered that (name of judgment debtor or settlement debtor) may apply to set aside this order within 28 days after the date on which this order is served on him/her/it* in Singapore/[name of foreign country or territory if the order is to be served abroad]*. |
| | It is further ordered that this order does not take effect while an application to set aside this order may still be made under Order 111, Rule 7(1) or is still pending. |
| | It is ordered that the costs of this application be . |
| | | | The application for this Order was taken out by (name of judgment creditor/settlement creditor or solicitor for the judgment creditor/settlement creditor) whose address for service is . |
| | This form requires sealing by the Court and the signature of the Registrar. |
| |
|
[S 1043/2020 wef 02/01/2021] | | | | | LIMITED CIVIL RESTRAINT ORDER |
| | | IN THE GENERAL DIVISION OF THE HIGH COURT / APPELLATE DIVISION OF THE HIGH COURT / COURT OF APPEAL*
OF THE REPUBLIC OF SINGAPORE |
| | | | | | | | | | | | LIMITED CIVIL RESTRAINT ORDER |
| | Upon the application of (party) and upon reading the affidavit(s) of (name(s) of deponent(s)) filed on (date) and upon hearing . |
| | 1. | The (party) is restrained from making any further application in (the legal proceedings in respect of which this order is made) without the leave of the Court. |
|
| 2. | The (party) may apply to amend, vary or discharge this order, only if the (party) has the leave of the Court to make the application. |
|
| 3. | This order remains in force for the duration of (the legal proceedings in respect of which this order is made) / until (date). |
|
| 4. | (state the order on costs or any other orders made by the Court). |
|
| | | | 1. | You must obey the directions contained in this order. If you disobey any direction contained in this order, you will be guilty of contempt of court and may be sent to prison or fined. |
|
| 2. | If you apply for leave to make an application in the legal proceedings mentioned in this order, you must serve the application for leave, and the supporting affidavit, on every intended respondent to the application and, if this order was made on the application of the Attorney‑General, on the Attorney-General. |
|
| 3. | If you apply for leave to make an application to amend, vary or discharge this order, you must serve the application for leave, and the supporting affidavit, on every party to the application pursuant to which this order was made. |
|
| 4. | If you attempt to make an application in the legal proceedings mentioned in this order, or attempt to make an application to amend, vary or discharge this order, without first obtaining the leave of the Court, your application will be treated as dismissed without the Court having to make any further order, and without the need for any other party to be heard on the merits of your application. |
|
| 5. | If you do not understand anything in this order, you should consult a solicitor as soon as possible. |
|
| | # This form requires sealing by the Court and the signature of the Registrar. |
| | | |
|
[S 1043/2020 wef 02/01/2021] | | | | | EXTENDED CIVIL RESTRAINT ORDER |
| | | IN THE GENERAL DIVISION OF THE HIGH COURT / APPELLATE DIVISION OF THE HIGH COURT / COURT OF APPEAL*
OF THE REPUBLIC OF SINGAPORE |
| | | | | | | | | | | | EXTENDED CIVIL RESTRAINT ORDER |
| | Upon the application of (party) and upon reading the affidavit(s) of (name(s) of deponent(s)) filed on (date) and upon hearing . |
| | 1. | The (party) is restrained from commencing any action or making any application, in (specify the court or subordinate court), concerning any matter involving, relating to, touching upon or leading to (the legal proceedings in respect of which this order is made) without the leave of the Court. |
|
| 2. | The (party) may apply to amend, vary or discharge this order, only if the (party) has the leave of the Court to make the application. |
|
| 3. | This order remains in force until (date). |
|
| 4. | (state the order on costs or any other orders made by the Court). |
|
| | | | 1. | You must obey the directions contained in this order. If you disobey any direction contained in this order, you will be guilty of contempt of court and may be sent to prison or fined. |
|
| 2. | If you apply for leave to commence an action or make an application, in a court or subordinate court specified in this order, concerning any matter involving, relating to, touching upon or leading to the legal proceedings mentioned in this order, you must serve the application for leave, and the supporting affidavit, on every intended defendant to the action or every intended respondent to the application (as the case may be) and, if this order was made on the application of the Attorney‑General, on the Attorney-General. |
|
| 3. | If you apply for leave to make an application to amend, vary or discharge this order, you must serve the application for leave, and the supporting affidavit, on every party to the application pursuant to which this order was made. |
|
| 4. | If you attempt to commence an action or make an application, in a court or subordinate court specified in this order, concerning any matter involving, relating to, touching upon or leading to the legal proceedings mentioned in this order, or attempt to make an application to amend, vary or discharge this order, without first obtaining the leave of the Court, your action or application will be treated as struck out or dismissed (as the case may be) without the Court having to make any further order, and without the need for any other party to be heard on the merits of your application. |
|
| 5. | If you do not understand anything in this order, you should consult a solicitor as soon as possible. |
|
| | # This form requires sealing by the Court and the signature of the Registrar. |
| | | |
|
[S 1043/2020 wef 02/01/2021] | | | | | GENERAL CIVIL RESTRAINT ORDER |
| | | IN THE GENERAL DIVISION OF THE HIGH COURT / APPELLATE DIVISION OF THE HIGH COURT / COURT OF APPEAL*
OF THE REPUBLIC OF SINGAPORE |
| | | | | | | | | | | | GENERAL CIVIL RESTRAINT ORDER |
| | Upon the application of (party) and upon reading the affidavit(s) of (name(s) of deponent(s)) filed on (date) and upon hearing . |
| | 1. | The (party) is restrained from commencing any action or making any application, in (specify the court or subordinate court), without the leave of the Court. |
|
| 2. | The (party) may apply to amend, vary or discharge this order, only if the (party) has the leave of the Court to make the application. |
|
| 3. | This order remains in force until (date). |
|
| 4. | (state the order on costs or any other orders made by the Court). |
|
| | | | 1. | You must obey the directions contained in this order. If you disobey any direction contained in this order, you will be guilty of contempt of court and may be sent to prison or fined. |
|
| 2. | If you apply for leave to commence an action or make an application in a court or subordinate court specified in this order, you must serve the application for leave, and the supporting affidavit, on every intended defendant to the action or every intended respondent to the application (as the case may be) and, if this order was made on the application of the Attorney‑General, on the Attorney-General. |
|
| 3. | If you apply for leave to make an application to amend, vary or discharge this order, you must serve the application for leave, and the supporting affidavit, on every party to the application pursuant to which this order was made. |
|
| 4. | If you attempt to commence an action or make an application in a court or subordinate court specified in this order, or attempt to make an application to amend, vary or discharge this order, without first obtaining the leave of the Court, your action or application will be treated as struck out or dismissed (as the case may be) without the Court having to make any further order, and without the need for any other party to be heard on the merits of your application. |
|
| 5. | If you do not understand anything in this order, you should consult a solicitor as soon as possible. |
|
| | # This form requires sealing by the Court and the signature of the Registrar. |
| | | |
|
[S 1043/2020 wef 02/01/2021] | | | | ORDER UNDER SECTION 74(1) OF
SUPREME COURT OF JUDICATURE ACT |
| | | IN THE GENERAL DIVISION OF
THE HIGH COURT OF
THE REPUBLIC OF SINGAPORE |
| | | | | | | | | | | | ORDER UNDER SECTION 74(1) OF
SUPREME COURT OF JUDICATURE ACT |
| | Upon the application of (party) and upon reading the affidavit(s) of (name(s) of deponent(s)) filed on (date) and upon hearing . |
| | | 1. | No legal proceedings are to be instituted without the leave of the General Division of the High Court by (the person against whom this order is made) in any court or subordinate court. |
|
| | 2. | Any legal proceedings instituted by (the person against whom this order is made) in any court or subordinate court before the making of this order must not be continued by him/her/it* without the leave of the General Division of the High Court. |
|
| | 3. | (state the order on costs or any other orders made by the Court). |
|
| | | | 1. | You must obey the directions contained in this order. If you disobey any direction contained in this order, you will be guilty of contempt of court and may be sent to prison or fined. |
|
| | 2. | If you apply for leave to institute any legal proceedings, or to continue any legal proceedings instituted by you before the making of this order, you must serve the application for leave, and the supporting affidavit, on the Attorney‑General and on every other party to the legal proceedings to be instituted or continued. |
|
| | 3. | If you attempt to institute any legal proceedings, or to continue any legal proceedings instituted by you before the making of this order, without first obtaining the leave of the General Division of the High Court, any other party to those legal proceedings, or to the application pursuant to which this order was made, may apply for those legal proceedings to be struck out. The Court may also on its own motion strike out those legal proceedings. |
|
| | 4. | If you do not understand anything in this order, you should consult a solicitor as soon as possible. |
|
| | # This form requires sealing by the Court and the signature of the Registrar. |
| |
|
[S 1043/2020 wef 02/01/2021] [S 850/2018 wef 01/01/2019] [S 474/2016 wef 01/10/2016] [S 235/2016 wef 01/06/2016] [S 850/2014 wef 01/01/2015] [S 753/2014 wef 15/11/2014] [S 714/2014 wef 01/11/2014] [S 671/2014 wef 01/10/2014] [S 390/2014 wef 02/07/2014] [S 850/2014 wef 01/01/2015] [S 697/2018 wef 01/11/2018] [S 220/2020 wef 01/04/2020] [S 357/2021 wef 01/06/2021] |
