ORDER 9
CASE CONFERENCES,
APPLICATIONS IN ACTION, ETC.
General matters (O. 9, r. 1)
1.—(1)  A case conference is to be held —
(a)in a case where the defendant is to be served in Singapore — 8 weeks after the originating claim or originating application is issued; or
(b)in a case where an originating claim or originating application is to be served out of Singapore — 12 weeks after the originating claim or originating application is issued.
(2)  The Court may hold a case conference earlier or later than the time stated in paragraph (1) at the request of any party or on its own accord.
(3)  The Court may hold as many case conferences as the Court thinks appropriate and at any stage of the proceedings, including appeals.
(4)  As a general rule, the Registrar is to conduct the case conference but the Registrar may refer any matter at any time to the assigned Judge in that action or, if there is none, to any Judge.
(5)  The powers in this Order may be exercised by the Court at any stage of the proceedings, including appeals.
Purpose of case conference (O. 9, r. 2)
2.  At a case conference, the Court is to take control of and set the timelines and give directions for the proceedings.
Non‑disclosure (O. 9, r. 3)
3.  Subject to the law governing the admissibility of evidence at trial, any communication made in the course of a case conference in any action or proceedings must not be disclosed to the Court conducting the trial of the action or proceedings if such communication —
(a)has been stated by any of the parties to the action or proceedings to be “confidential” or “without prejudice”; or
(b)has been marked by the Registrar or Judge (as the case may be) as being “confidential” or “without prejudice”.
Absence of parties (O. 9, r. 4)
4.—(1)  If no party attends the case conference or if the claimant is absent, the Court may dismiss the action.
(2)  If the claimant attends the case conference but the defendant is absent, the Court may give judgment for the claimant upon proof of service of the originating claim or originating application on the defendant.
(3)  The Court may set aside or vary the dismissal or default judgment on proof that there were valid reasons for the absence of the defaulting party.
Failure to serve originating process (O. 9, r. 5)
5.—(1)  If the claimant attends the case conference but has not served the claimant’s originating claim or originating application on the defendant, the Court —
(a)may dismiss the action if it is not satisfied that the claimant has taken reasonable steps to effect service expeditiously; or
(b)may fix a second case conference and order the claimant to —
(i)serve the originating process within 14 days after the date of the first case conference; or
(ii)apply for substituted service within that time,
and extend the validity of the originating process if necessary.
(2)  If the claimant fails to serve the originating process by the second case conference, the Court may dismiss the action.
Failure to file and serve defence in originating claim (O. 9, r. 6)
6.—(1)  If both the claimant and the defendant in an originating claim attend the case conference and no defence is served by the first case conference when the time for filing and serving a defence has expired, the Court may enter judgment against the defendant in default of a defence.
(2)  The Court may set aside or vary such a default judgment.
(3)  The Court may, in a special case, extend time for the defendant to serve the defence after the first case conference, failing which the defendant is deemed not to have served a defence and the claimant is entitled to judgment under paragraph (1).
(4)  This Rule applies, with the necessary modifications, to a claimant’s default to serve a defence to the defendant’s counterclaim.
Challenges to jurisdiction of Court (O. 9, r. 7)
7.—(1)  If both the claimant and defendant attend the case conference and —
(a)a defence has been filed and served in the case of an originating claim; or
(b)the defendant’s affidavit has been filed and served in the case of an originating application,
the Court must first deal with any objection to its jurisdiction.
(2)  If the defendant is challenging the jurisdiction of the Court, the Court must —
(a)direct the defendant to file and serve the necessary application with supporting affidavit within 14 days after the date of the case conference;
(b)direct the claimant to file and serve any affidavit in reply within 14 days thereafter, with no further affidavits to be filed without the Court’s approval; and
(c)unless the Court otherwise orders, fix the hearing of the application on a date no later than 14 days after all affidavits have been filed and served.
Affidavits of evidence‑in‑chief (O. 9, r. 8)
8.—(1)  If the application to challenge the jurisdiction of the Court has been dealt with or where there is no challenge to the jurisdiction of the Court, after pleadings have been filed and served but before any exchange of documents, the Court may, in any particular case, order the parties to file and serve their lists of witnesses and the affidavits of evidence‑in‑chief of all or some of the witnesses simultaneously or in any sequence.
(2)  Where the Court does not exercise its power under paragraph (1), it will proceed to consider the matters in Rule 9.
Single application pending trial (O. 9, r. 9)
9.—(1)  After the parties notify the Court that they have complied with the Court’s order under paragraph (1) of Rule 8 or if the Court does not exercise its power under that paragraph, the Court must consider all matters necessary to bring the proceedings to a conclusion in accordance with the Ideals.
(2)  As far as possible, the Court must order a single application pending trial to be made by each of the parties.
(3)  The single application must deal with all matters that are necessary for the case to proceed expeditiously.
(4)  The matters mentioned in paragraph (3) include —
(a)addition or removal of parties;
(b)consolidation of actions;
(c)division of issues at trial to be heard separately;
(d)security for costs;
(e)further and better particulars of pleadings;
(f)amendment of pleadings;
(g)filing of further pleadings;
(h)striking out of part of an action or of the defence;
(i)judgment on admission of facts;
(j)determination of questions of law or construction of documents;
(k)production of documents;
(l)interim relief;
(m)expert evidence and assessors;
(n)independent witness and interested non‑parties; and
(o)independent counsel.
(5)  The Court must order the applying party to file and serve that party’s application and supporting affidavit within 21 days after the date of the case conference and the other party to file and serve an affidavit in reply within 21 days thereafter.
(6)  The Court may order written submissions to be filed with a bundle of authorities if appropriate.
(7)  No application may be taken out by any party at any time other than as directed at the case conference or with the Court’s approval, except an application for —
(a)an injunction or a search order which may include an application for any other matter if it is incidental to the injunction or search order;
(b)substituted service;
(c)service out of Singapore;
(d)setting aside service of an originating process;
(e)judgment in default of a notice of intention to contest or not contest an originating claim;
(f)judgment in default of defence;
(g)summary judgment;
(h)striking out of the whole of an action or defence;
(i)stay of the whole action;
(j)stay of enforcement of a judgment or order;
(k)an enforcement order;
(l)permission to appeal;
(m)transfer of proceedings under the State Courts Act;
(n)setting aside third party proceedings; or
(o)permission to make an application for a committal order.
(8)  The Court’s approval to file further applications other than those directed at a case conference must be sought by letter setting out the essence of the intended application and the reasons why it is necessary at that stage of the proceedings.
(9)  The Court may deal with the request by letter summarily or fix a case conference to deal with the matter.
(10)  No application may be taken out during the period starting 14 days before the commencement of the trial and ending when the Court has determined the merits of the action, except in a special case and with the trial Judge’s approval.
(11)  The trial Judge’s approval in paragraph (10) must be sought by letter setting out the essence of the intended application and explaining why there is a special case.
Adding and removing of parties (O. 9, r. 10)
10.—(1)  The Court may add or remove one or more claimants or defendants, give permission for a defendant to issue a third party notice in accordance with Order 10, or give directions for the originating process to be served on any person who may have an interest in the action.
(2)  Any person seeking to be added as a party may attend a case conference if the person is aware of it or may seek a case conference by letter addressed to the Court and copied to all the parties.
(3)  Where a person is added as a defendant, the action is deemed to be commenced against that person on the date on which the amendment to the action is made.
Consolidation, etc., of causes or matters (O. 9, r. 11)
11.  The Court may order 2 or more actions to be consolidated, or order them to be tried together or one immediately after another, or order any of them to be stayed pending the determination of the other action or actions, if the Court is of the opinion that —
(a)there is some common question of law in the actions;
(b)the reliefs claimed in the actions concern or arise out of the same factual situation; or
(c)it is appropriate to do so.
Security for costs (O. 9, r. 12)
12.—(1)  The defendant may apply for security for the defendant’s costs of the action if the claimant —
(a)is ordinarily resident out of the jurisdiction;
(b)is a nominal claimant who is suing for some other person’s benefit (but not suing in a representative capacity) or is being funded by a non‑party, and there is reason to believe that the claimant will be unable to pay the defendant’s costs if ordered to do so; or
(c)has not stated or has incorrectly stated the claimant’s address in the originating claim or originating application, or has changed the claimant’s address during the course of the proceedings, so as to evade the consequences of the litigation.
(2)  If the claimant is a company, section 388 of the Companies Act also applies.
(3)  The defendant may apply for security for the defendant’s costs of the action to be provided by a non‑party, if that non‑party has —
(a)assigned that non‑party’s right in the action to the claimant in return for a share of any money or property which the claimant may recover in the action;
(b)contributed or agreed to contribute to the claimant’s costs in return for a share of any money or property which the claimant may recover in the action; or
(c)contributed or agreed to contribute to the claimant’s costs and actively instigates or encourages the claimant to maintain the claimant’s action.
(4)  An application for an order under paragraph (3) must be made by summons, which must be served on the non‑party personally and on every party to the proceedings.
(5)  Nothing in this Rule is deemed to limit or affect the power of the Court to require security to be given for the costs of any proceedings under any written law.
(6)  The references in paragraphs (1), (2) and (3) to a claimant and a defendant are to be construed as references to the person (however described on the record) who is in the position of claimant or defendant (as the case may be) in the proceeding in question, including a proceeding on a counterclaim.
Further and better particulars (O. 9, r. 13)
13.  The Court may order a party to serve on any other party particulars of any matter stated in the firstmentioned party’s pleading if the Court is of the opinion that the particulars are necessary on the facts of the case.
Amendment of pleadings (O. 9, r. 14)
14.—(1)  The Court may allow the parties to amend their pleadings.
(2)  In a special case, the Court may consider events that occurred after the originating claim is filed to be pleaded even though they do not relate back to the date of the filing of the originating claim.
(3)  The Court must not allow any pleading to be amended less than 14 days before the commencement of the trial except in a special case.
(4)  Where an application for permission to amend is made after the relevant limitation period has expired, the Court may allow the amendment in the following circumstances:
(a)an amendment to correct the name of a party even if its alleged effect will be to substitute a new party, if it was a genuine mistake and was not misleading as to the identity of the party in question;
(b)an amendment to alter the capacity in which a party sues, if the party might have sued in that capacity at the time the originating claim was issued or the counterclaim was made;
(c)an amendment to add or substitute a new cause of action, if the new cause of action arises out of the same or substantially the same facts as an existing cause of action for which relief has already been claimed in the same action.
(5)  Despite paragraphs (1) to (4), any pleading may, by written agreement between the parties, be amended not less than 14 days before the commencement of the trial.
(6)  If material facts in the pleadings are amended, the Court may draw the appropriate inferences.
(7)  This Rule applies to an originating application with the necessary modifications.
Directions for pleadings beyond defence or defence to counterclaim (O. 9, r. 15)
15.—(1)  The Court must decide whether it is necessary to file a pleading beyond the defence or defence to counterclaim.
(2)  The Court must not order further pleadings to be filed if they merely deny or repeat assertions in earlier pleadings without adding anything material.
Striking out pleadings and other documents (O. 9, r. 16)
16.—(1)  The Court may order any or part of any pleading to be struck out or amended, on the ground that —
(a)it discloses no reasonable cause of action or defence;
(b)it is an abuse of process of the Court; or
(c)it is in the interests of justice to do so,
and may order the action to be stayed or dismissed or judgment to be entered accordingly.
(2)  No evidence is admissible on an application under paragraph (1)(a).
(3)  This Rule applies to an originating application as if it were a pleading.
(4)  The Court may order any affidavit or other document filed in Court to be struck out or redacted on the ground that —
(a)the party had no right to file the affidavit or document;
(b)it is an abuse of process of the Court; or
(c)it is in the interests of justice to do so.
Summary judgment (O. 9, r. 17)
17.—(1)  The claimant may apply for summary judgment against any defendant after the defence has been filed and served in an originating claim on the ground that the defendant has no defence to —
(a)a claim;
(b)a particular part of a claim; or
(c)a claim or part of a claim, except as to the amount of any damages claimed.
(2)  The claimant’s affidavit must contain all the evidence that is necessary or material to the claim.
(3)  If the defendant disputes the application in any way, the defendant must file and serve the defendant’s affidavit on the claimant within 14 days after service of the claimant’s application and affidavit.
(4)  The defendant’s affidavit must contain all the evidence that is necessary or material to the defence.
(5)  If the claimant disputes anything in the defendant’s affidavit, the claimant must file and serve the claimant’s affidavit on the defendant within 14 days after service of the defendant’s affidavit.
(6)  No further affidavits may be filed without the Court’s approval.
(7)  The Court may —
(a)dismiss the application;
(b)grant permission to defend to the defendant without any conditions;
(c)grant judgment to the claimant; or
(d)grant permission to defend to the defendant with conditions if the defence or any issue raised therein is of a dubious nature.
(8)  Where the claimant obtains summary judgment on a claim or part of a claim against any defendant, the claimant may proceed with any other claim or the remainder of the claim or against any other defendant.
(9)  The Court may order a stay of enforcement of any summary judgment granted against any defendant until after the trial of the defendant’s counterclaim.
(10)  The Court may set aside or vary any summary judgment granted against a defendant who was absent at the hearing.
(11)  Where a defendant to an action commenced by originating claim has served a counterclaim on the claimant and the claimant has served a defence to the counterclaim, the defendant may, on the ground that the claimant has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply for summary judgment against the claimant on that claim or part.
(12)  In relation to an application under paragraph (11), the rules in paragraphs (2) to (10) apply as they apply in relation to an application under paragraph (1), with the necessary modifications.
(13)  Except where the Court otherwise permits, an application under this Rule may not be made after the expiry of 28 days after the date of service of the defence or defence to counterclaim, as the case may be.
Agreement on facts and law (O. 9, r. 18)
18.—(1)  The Court must direct the parties to agree on as many material facts as possible and to set them out in an agreed statement of facts at as early a stage as possible.
(2)  Where admissions of fact are made by a party in the party’s pleadings or other documents, the Court may, on application made orally or in writing, give judgment on those admissions.
(3)  The parties may also agree on material questions of law and to waive or limit their right of appeal.
Decision on questions of law or construction of documents (O. 9, r. 19)
19.—(1)  Upon a party’s application or on the Court’s own accord, the Court may decide any question of law or the construction of any document arising in any action without a trial or hearing on the facts, whether or not such decision will fully determine the action.
(2)  Where the Court’s decision in paragraph (1) fully determines (subject only to any appeal) the entire matter or any claim or issue therein, the Court may give judgment or dismiss the action or make any order that is appropriate.
Production of documents (O. 9, r. 20)
20.  The Court may order the production of documents in accordance with Order 11.
Expert evidence and assessors (O. 9, r. 21)
21.—(1)  The parties are to inform the Court during the case conference if they intend to rely on expert evidence.
(2)  If one or more parties intend to rely on expert evidence, the Court must consider the matters set out in Order 12.
(3)  The Court may appoint one or more assessors upon application by any party or on its own accord and give directions on the role and the remuneration of the assessors.
Independent witnesses and interested non‑parties (O. 9, r. 22)
22.—(1)  The Court may order, on its own accord, a person not named as a witness for any party to give evidence orally or by way of affidavit as an independent witness.
(2)  The Court may give directions for the cross‑examination of an independent witness.
(3)  The Court may invite any natural person or entity who has an interest or is able to assist in the issues in the case to give the person’s or entity’s views in writing on specific issues.
(4)  The interested person or entity is not subject to cross‑examination and need not attend the hearing.
(5)  The Court may order one or more of the parties to pay for the reasonable expenses incurred by an independent witness or an interested person or entity.
Independent counsel (O. 9, r. 23)
23.—(1)  The Court may, on its own accord, appoint one or more independent counsel (previously called the “amicus curiae”) to assist the Court in any matter on specific issues of law.
(2)  An independent counsel may be —
(a)a solicitor;
(b)an academic involved in the teaching of law at present or in the past; or
(c)a person who has special knowledge or experience in any area of law.
(3)  The Court must give directions to the independent counsel on —
(a)the specific issues of law to be addressed by the independent counsel;
(b)the filing and service of written submissions by the independent counsel and the parties; and
(c)the independent counsel’s attendance in Court to make oral submissions.
Pre‑trial examination (O. 9, r. 24)
24.—(1)  Where it is necessary in the interests of justice to record the evidence of any witness in or out of Singapore before a trial, a party may apply to the Court to make an order for pre‑trial examination.
(2)  The party who applies for an order for pre‑trial examination must file an affidavit showing that —
(a)the witness’ evidence is necessary for the party’s case;
(b)the other parties do not agree that the evidence of that witness be given in an affidavit without cross‑examination; and
(c)the witness will not be able or willing to attend the trial or to give evidence by live video or live television link, or the witness’ age or health makes it likely that he or she will pass away before or become incapable of testifying at the trial.
(3)  If the pre‑trial examination is to be conducted outside Singapore, the affidavit must also state —
(a)the place where the pre‑trial examination is to be conducted;
(b)that the law of that place allows the pre‑trial examination to be conducted in that place;
(c)the particulars and remuneration of the examiner who will be conducting the pre‑trial examination; and
(d)the rules that will apply to the pre‑trial examination.
(4)  If the law of the place for the pre‑trial examination outside of Singapore requires the issue of a letter of request to the relevant authorities for the evidence of the person in that jurisdiction to be taken, the party who applies for the order may include a request for the issue of a letter of request and such application can only be made in the General Division even if the proceedings are commenced in the State Courts.
(5)  For the purposes of paragraph (4), the party obtaining the order must prepare and file in the Registry —
(a)the letter of request which must be —
(i)in a case where the jurisdiction in which the evidence is to be taken is a jurisdiction to which the Hague Evidence Convention applies — in the current version of the applicable Recommended Model Form; or
(ii)in any other case — in Form 17,
with such variations and in compliance with such requirements as may be required by the jurisdiction in which the evidence is to be taken or by the order; and
(b)an undertaking in Form 18 signed by the party or the party’s solicitor to be responsible personally for all expenses incurred by an issuing authority or a transmitting authority in respect of the letter of request and, on receiving due notification of the amount of those expenses, to pay that amount to the issuing authority or transmitting authority and to produce a receipt for the payment to the proper officer of the Registry.
(6)  A pre‑trial examination in Singapore must be before a Judge or the Registrar and must be conducted according to the rules governing trials.
(7)  Where an order for pre‑trial examination in Singapore has been made, the attendance of the witness before the examiner in Singapore and the production by the witness of any document at the examination may be enforced by an order to attend court and an order to produce documents in like manner as the attendance of a witness and the production by a witness of a document at a trial may be enforced.
(8)  A pre‑trial examination outside Singapore must be conducted by the examiner appointed by the Court and in the manner directed by the Court and the examiner must not do anything that is contrary to the law of that place.
(9)  In this Rule —
“Hague Evidence Convention” means the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters done at the Hague on 18 March 1970;
“issuing authority” means an authority responsible for issuing a letter of request under this Rule;
“Recommended Model Form” means a Recommended Model Form for a Letter of Request to be issued under the Hague Evidence Convention, as set out on the Internet website for that Convention at https://www.hcch.net/en/​instruments/conventions/specialised-sections/evidence;
“transmitting authority” means an authority responsible for transmitting a letter of request issued under this Rule to the relevant authorities of the jurisdiction in which the evidence is to be taken.
Directions for trial or hearing (O. 9, r. 25)
25.—(1)  Subject to these Rules, at the appropriate stage, the Court must give directions for the case to proceed to trial or hearing.
(2)  The Court may order a bifurcated hearing in that the issues concerning liability are to be heard by a Judge before the issues concerning the amount of damages or the taking of accounts are heard by a Judge or the Registrar.
(3)  The Court may order any issue of fact to be heard and decided separately.
(4)  In an action commenced by an originating claim, the Court must fix a period within which the claimant is to set down the action for trial.
(5)  Where the claimant does not, within the period fixed under paragraph (4), set down the action for trial, the defendant may set the action down for trial or may apply to the Court to dismiss the action and, on the hearing of any such application, the Court may order the action to be dismissed accordingly or make such order as the Court thinks just.
(6)  The party setting down an action for trial must file a notice for setting down an action for trial in Form 19.
(7)  The notice for setting down an action for trial must state the length of the trial and the trial dates, and specify the witnesses (if any) for each party.
(8)  The notice for setting down an action for trial must be served on all other parties to the action within 24 hours after the date on which the notice is filed.
(9)  In an action commenced by an originating claim, the Court must give directions to the parties to file and serve —
(a)their affidavits of evidence‑in‑chief or other affidavits (if such directions have not been given earlier);
(b)the bundles of documents; and
(c)their opening statements (with a page limit of 25 pages) without the need for bundles of authorities.
(10)  The bundle of documents in paragraph (9) must contain —
(a)the last pleading (which incorporates all the previous pleadings);
(b)the orders of the Court given at the case conferences which are relevant for the trial; and
(c)the documents which the parties are relying on at the trial, separating them into sections for documents of which authenticity is not in dispute and documents of which authenticity is in dispute.
(11)  The bundle of documents in paragraph (9) must be arranged chronologically or in some other meaningful order and must not contain repeat documents, or documents which have not been exchanged or produced under Order 11.
(12)  Where issues concerning liability are agreed or have been determined in a bifurcated hearing under paragraph (2), the Court must give the appropriate directions for the assessment of damages or the taking of accounts as set out in paragraph (9).
(13)  In an action commenced by an originating application where the defendant has included a counterclaim in the defendant’s affidavit, the Court must consider whether to order —
(a)the claim and the counterclaim to be heard together or separately; or
(b)the defendant to file a separate action for the defendant’s counterclaim.
(14)  In an action commenced by an originating application, the Court may order the parties to file and serve their written submissions (with a page limit of 35 pages except in a special case) together with the bundle of authorities.
(15)  The Court may allow the page limit mentioned in paragraphs (9)(c) and (14) to be exceeded —
(a)in special circumstances; and
(b)unless the Court otherwise orders under paragraph (16), upon the payment of the fees and additional fees prescribed for the filing of pages in excess of the page limit.
(16)  The Court may upon application waive, refund, defer or apportion the payment of the fees mentioned in paragraph (15)(b).
(17)  The Court must estimate the length of time needed for the trial or hearing, including oral or written submissions, and assign the trial or hearing dates accordingly.
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Last updated 25 Nov 2024
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