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[For lawyers only] Common e-filing errors in eLit
How do I start a civil proceeding?
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Types of Claims which the ECT can hear
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SMALL CLAIMS TRIBUNALS
How do I appeal against the Registrar's discontinuance order to the Referee (Small Claims Tribunals)?
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Small Claims Tribunals
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SINGAPORE GOVERNMENT WEBSITES
Community Mediation Centre
Family Justice Courts
Insolvency and Public Trustee's Office
Legal Aid Bureau
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The Law Society of Singapore
Law Society of Singapore39 South Bridge Road, Singapore 058673Tel: 65382500.
The Legal Aid Bureau45 Maxwell Road#07-11 The URA Centre (East Wing)Singapore 069118Telephone: 1800-2255529
Please refer to the pamphlet 'A Guide to Common Civil Justice Processes' for background information on civil processes in the State Courts.
For the detailed legal framework, rules, regulations and powers of the Courts in the civil litigation process, you may wish to refer to the State Courts Act (Cap 321), the Rules of Court and the State Courts Practice Directions, which can be found on the website of the State Courts at www.statecourts.gov.sg and the relevant links therein.
I conduct a civil trial in person?
Generally, a litigant in a civil action who is an
individual can choose to conduct his own case in court i.e. act in person, or
he can engage a lawyer to represent him.
litigant who is a company, a limited liability partnership or an unincorporated
association must generally be represented by a lawyer although the Court may
grant permission for a duly authorised officer of the entity to act on its
behalf. Please refer to Order 1 Rule 9
of the Rules of Court for the detailed requirements and procedure on how to apply
to the Court for permission.
should I consider when deciding whether I should act in person or engage a
lawyer to represent me?
you may wish to avoid spending money to engage a lawyer, you should note that:
In reality, not everyone has the
ability to conduct a trial in person – even though you may have the legal right
to do so.
can I expect if I decide to conduct a trial in person?
case will be given a trial date by the Court only after all the pre-trial
processes have been completed.
the pre-trial stage, the Court will give timelines for the processes of discovery
or disclosure of documents by both sides, inspection of the documents and
exchange of affidavits of evidence-in-chief and for the case to be set down for
a case is set down for trial, the Court will notify parties to attend a
pre-trial conference (PTC). You must
attend the PTC on the date and time stated.
If you are absent at the PTC, the Court may dismiss your claim if you
are the plaintiff, or enter judgment against you if you are the defendant.
What happens at the Pre-Trial Conference (PTC)?
At the PTC, the judge will inquire if the case can be resolved amicably without a trial. Depending on the circumstances of the case, parties may be given the opportunity to negotiate on their own to arrive at a settlement of the case or consider any other mode of alternative dispute resolution (ADR). The PTC will then be adjourned to give the parties time to resolve the case on their own.
The PTC judge will fix the case for trial in a specified courtroom once he or she is satisfied that the case cannot be resolved by the parties.
The PTC judge will check with parties on the number of witnesses that will be called, whether any interpreters will be required, give directions for audio transcription of the proceedings at trial, and other logistical arrangements.
Usually only 1 day will be allocated for a fresh trial with a direction for a second tranche of dates to be given if necessary. This is to prevent wastage of trial days in the event parties settle their case before or on the first day of trial. As the trial date cannot be changed once it is fixed, unless there are special reasons given to the Court by way of a formal application, you should make sure that you and your witnesses will be available on the trial date(s) fixed by the Court.
Generally, the trial date(s) given will be within 28 days from the PTC.
should I do after a trial date is given?
must notify all your witnesses of the trial date and the courtroom allocated
for the trial. If a witness is unwilling
to attend, you may apply to Court for a ‘subpoena’ to order his
information on how to subpoena witnesses, please approach our staff at the
prepare for the trial, you should familiarise yourself with all the affidavits
of evidence-in-chief that have been filed.
You should also prepare the questions for cross-examination of your
documents must I submit before the trial?
the trial date, the Court will send you a letter to submit several bundles of
should I do if my witnesses cannot speak English?
Interpreters are available to assist you. The Court
is able to provide interpreters for the following languages and dialects:
Malay, Boyanese, Javanese, Tamil, Malayalam, Urdu, Mandarin, Hokkien, Cantonese
You will need to request for an interpreter by
filing a ‘Request for Hearing Administrative Support’ through the electronic
filing service. All filings have to be
done at the CrimsonLogic Service Bureau at 133 New Bridge Road #19-01/02,
Chinatown Point, Singapore 059413.
What documents must I bring on the day of trial?
Please bring the following:
do I do on the day of trial?
do observe the following:
What if I am late or cannot attend court due to personal emergencies?
If you are running late, call the opposing lawyer to inform him you are on your way and state your estimated time of arrival.
If you are late or absent, the Judge may proceed with the case in your absence. In the circumstances, your claim may either be dismissed or judgment may be entered against you.
How should I address the Judge and other parties?
When the Judge enters and leaves the courtroom, please stand and bow as a show of respect for the Judiciary.
Always stand when you speak to the Court. You can use the following references:
You should not interrupt the Judge or the lawyer for the other side when they are speaking. If you wish to raise a point when it is not your turn to speak, you should always stand and wait for the Judge or lawyer for the other side to finish speaking first before you seek the permission of the Court to raise any further points that you wish to state.
is the sequence of proceedings during the trial?
the stages are as follows:
Please note that there are strict legal rules that regulate what questions may be asked. It is normal for opposing lawyers to object to questions asked in breach of these rules. The Judge will guide parties along as the trial progresses.
For cases commenced in the Magistrate's Court on or after 1 November 2014, which are directed for a simplified trial, strict time limits will be imposed:
The time limits can be extended only with permission of the Judge in appropriate circumstances.
The judgment is the decision of the Court at the conclusion of the trial. The Court may pronounce judgment immediately after listening to the closing submissions. Alternatively, it may adjourn the case to take more time to consider the evidence and arguments. In such an instance, the Court will inform the parties on a later date to attend before the Court for the delivery of judgment.
if I disagree with the verdict of the Judge?
the Judge decides against your case, do not argue with him or her in the
courtroom. The Rules of Court provide for ways for you to appeal against the
you must file an appeal within 14 days from the pronouncement of the
judgment. For Magistrate’s Court actions below $50,000, you must first apply
for leave (permission) to appeal.
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