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Part III: Originating Processes and Documents

30. Originating Summonses

(1) This paragraph applies to originating summonses filed on or after 1 January 2006.

Forms for originating summonses

(2) The former Form 6 of Appendix A of the Rules of Court (originating summons where appearance is required) has been deleted with effect from 1 January 2006. Solicitors’ attention is drawn to Order 12, Rule 9 of the Rules of Court which provides that no appearance need be entered to an originating summons.

(3) Where any legislation requires a party to file an originating summons and the form is not provided within the legislation, the originating summons must be filed using either Form 4 (Originating Summons) or Form 5 (Ex Parte Originating Summons) of Appendix A of the Rules of Court.

(4) The parties in Form 4 of Appendix A of the Rules of Court must be stated as “plaintiff” and “defendant”, or “appellant” and “respondent”, as the case may be.

(5) The party in Form 5 of Appendix A of the Rules of Court must be stated as “applicant”.

Originating summonses to be heard in open Court

(6) Order 28, Rule 2 provides that all originating summonses shall be heard in Chambers, subject to any provisions in the Rules of Court, written law, directions by the Court, or practice directions issued by the Registrar.

(7) The following are examples of originating summonses to be heard in open Court pursuant to written law:

(8) In addition to any provisions in the Rules of Court or other written law, and subject to any further directions made by the Court, the Registrar hereby directs that the following applications made by originating summonses shall be heard in open Court:

31. Identification numbers to be stated in cause papers

Parties named in the title of the documents

(1) Where a party to any proceedings in the Supreme Court first files a document in such proceedings, he shall state his identification number (in brackets) in the title of the document immediately after his name. Thereafter, all documents subsequently filed in the proceedings by any party shall include this identification number in the title of the documents.

Parties not named in the title of the documents

(2) Where a party to any proceedings in the Supreme Court first files a document in such proceedings, and the name of the party does not appear in the title of the document but does appear in the body of the document, then the identification number of the party should be stated (in brackets) after the first appearance of his name in the document. Thereafter, all documents subsequently filed in the proceedings by any party shall include this identification number (in brackets) after the first appearance of the party’s name.

Documents filed by 2 or more parties

(3) Sub-paragraphs (1) and (2) shall apply, mutatis mutandis, to documents which are filed by more than one party.

Identification numbers for non-parties

(4) If any person (living or dead), any entity or any property is the subject matter of any proceedings, or is affected by any proceedings, but is not a party thereto, and the name of such person, entity or property is to appear in the title of the documents filed in the proceedings, the party filing the first document in the proceedings must state the identification number of such person, entity or property (in brackets) immediately after the name of the same. Thereafter, all documents subsequently filed in the proceedings by any party shall include this identification number (in brackets) immediately after the name of the person, entity or property to which it applies. If the party filing the first document in the proceedings is unable, after reasonable enquiry, to discover the identification number of the person, entity or property, he may state immediately after the name of the same “(ID No. not known)”. All documents subsequently filed by any party shall then contain these words (in brackets) after the name of this person, entity or property.

Special cases

(5) The following directions shall apply in addition to the directions contained in sub-paragraphs (1) to (4):

(a) where a party is represented by a litigation representative or guardian in adoption, sub-paragraphs (1) to (3) shall apply to the litigation representative or guardian in adoption as if he or she was a party to the proceedings, and the identification numbers of the party, the litigation representative and/or the guardian in adoption must be stated after their names;

(b) where parties are involved in any proceedings as the personal representatives of the estate of a deceased person, sub-paragraphs (1) to (3) shall apply to the deceased person as if he were a party;

(c) where more than one identification number applies to any party, person, entity or property, the identification numbers shall be stated in any convenient order; and

(d) for bankruptcy matters, the creditor must, in addition to his own identification number, also state the identification number of the debtor in all documents and papers filed by the creditor in the bankruptcy proceedings.

Identification numbers

(6) When entering the identification number in the Electronic Filing Service, the full identification number, including the letters before and after the number should be entered. Descriptive text which is required to be entered into the actual document, such as “Japanese Identification Card No.”, should not be entered into the electronic form.

Guidelines for the selection of identification numbers

(7) The following guidelines should be followed in deciding on the appropriate identification number:

Inability to furnish identification number at the time of filing a document

(8) If a party who wishes to file a document is unable at the time of filing to furnish the necessary identification numbers required by this paragraph, the party may indicate “(ID Not Known)” at the time of filing. However, when the necessary identification numbers have been obtained, the party will have to furnish the necessary identification numbers to the Registry through the Electronic Filing Service.

Meaning of document

(9) For the avoidance of doubt, the words “document” and “documents” when used in this paragraph include all originating processes filed in the Supreme Court regardless of whether they are governed by the Rules of Court. The words also include all documents filed in connection with bankruptcy proceedings.

Non-compliance

(10) Any document which does not comply with this paragraph may be rejected for filing by the Legal Registry of the Supreme Court.

32. Personal service of processes and documents

(1) The attention of solicitors is drawn to Order 62, Rule 2(1) of the Rules of Court, which provides:

(2) Solicitors are required to notify the Legal Registry of the Supreme Court of the particulars of such clerks who have been authorised by them to serve processes and documents (“authorised process servers”) by submitting a request to authorise user through the Electronic Filing Service. Where such authorised process servers are no longer so authorised, solicitors are to revoke or delete the authorisation immediately by submitting a request through the Electronic Filing Service. Solicitors’ clerks do not require the authorisation of the Registrar to effect personal service of processes and documents.

(3) As personal service can be effected by a solicitor or a solicitor’s clerk, Court process servers will not be assigned to effect personal service of processes and documents unless there are special reasons.

(4) If there are special reasons requiring personal service by a Court process server, a Request for such service should be filed through the Electronic Filing Service, setting out the special reasons. The approval of the Duty Registrar should then be obtained for such service. Once approval has been obtained, a process server will be assigned to effect service and an appointment for service convenient to both the litigant and the assigned process server will be given.

(5) On the appointed date, the person accompanying the process server should call at the Legal Registry. The amount required for the transport charges of the process server (a record of which will be kept) should be tendered. Alternatively, the Legal Registry should be informed beforehand that transport for the process server will be provided. The Legal Registry will then instruct the process server to effect service.

(6) Under no circumstances should any payment be made directly to the process server.

33. Substituted service

(1) In any application for substituted service, the applicant should persuade the Court that the proposed mode of substituted service will probably be effectual in bringing the document in question to the notice of the person to be served.

(2) Two reasonable attempts at personal service should be made before an application for an order for substituted service is filed. In an application for substituted service, the applicant shall demonstrate by way of affidavit why he or she believes that the attempts at service made were reasonable.

(3) The applicant should, where appropriate, also consider other modes of substituted service, such as AR registered post or electronic means (including electronic mail or Internet transmission) in addition to or in substitution of substituted service by posting on doors or gates of residential and business premises.

(4) An application for substituted service by posting at an address or by AR registered post should contain evidence (for example, relevant search results from the Inland Revenue Authority of Singapore, the Singapore Land Authority, the Housing & Development Board or the Accounting and Corporate Regulatory Authority) that the person to be served is resident or can be located at the property.

(5) For the avoidance of doubt, substituted service by AR registered post is deemed to be effected when the postal service has delivered the document, or attempted to deliver the document (in cases where no one is present or willing to accept the document).

(6) If substituted service is by electronic mail, it has to be shown that the electronic mail account to which the document will be sent belongs to the person to be served and that it is currently active.

(7) An application for substituted service by advertisement (in one issue of the Straits Times if the person to be served is literate in English, or one issue of the Straits Times and one issue of one of the main non-English language newspapers where his language literacy is unknown) should only be considered as a last resort and should contain evidence that the person to be served is literate in the language of the newspaper in which the advertisement will be placed.

34. Endorsements on originating processes and other documents

(1) Where it is necessary to include endorsements on any document, the directions in this paragraph shall apply.

(2) Endorsements are normally made on originating processes and other documents to show renewal, amendments and authorisation for service of the document in question. Such endorsements on originating processes and other documents do not require the Registrar’s signature as they are made pursuant to either an order of Court or the Rules of Court. The Registrar should therefore not be asked to sign such endorsements.

(3) For documents that are filed through the Electronic Filing Service as electronic forms composed online:

35. Amendment of documents

Application

(1) The directions in this paragraph shall apply to documents and pleadings filed in any proceedings.

Amendment of any document

(2) Where a document is required to be amended and filed in Court, a fresh copy of the document with the amendments included must be prepared, regardless of the number and length of the amendments sought to be made.

(3) The procedure for amending a document is as follows:

(4) The directions in sub-paragraph (3)(b) shall not apply to originating summonses and summonses amended from an inter partes application to an ex parte application or vice versa.

(5) The directions in sub-paragraph (3)(c) shall not apply to the originating processes, summonses and other electronic forms that are composed online through the Electronic Filing Service.

Amendment of pleadings

(6) The directions in sub-paragraphs (2) and (3) shall apply to the amendment of pleadings. A Statement of Claim which is amended for the first time should be filed as “Statement of Claim” (Amendment No. 1)”, and a Defence that is amended for the second time should be filed as “Defence (Amendment No. 2)”.

(7) The following colours shall be used to indicate the history of the amendments in pleadings:

(8) From the third round of amendments onwards, the amended pleading should comprise two versions of the document:

Amendment endorsements on electronic forms

(9) Order 20, Rule 10(2) of the Rules of Court requires that an amended pleading or other document be endorsed with a statement that it has been amended, specifying the date on which it was amended and by whom the order (if any) authorising the amendment was made and the date thereof, and if no such order was made, the number of the Rule in Order 20 in pursuance of which the amendment was made. Where electronic forms are amended, the amendment endorsement shall take either one of the following forms:

(10) The amendment endorsement shall be appended to the title of the electronic form, after the amendment number as required under sub-paragraph (3)(b) above. Where an electronic form is amended more than once, the endorsement need only cite the basis for the most recent amendment. For example,

Originating Summons (Amendment No 3, by order of court made on 1 January 2013)

Writ of Summons (Amendment No 1, pursuant to O 20, r 3)

(11) The date of the electronic form shall reflect the date on which the document is amended.

35A. Pleadings

(1) The attention of advocates and solicitors is drawn to the pleading requirements laid down by the Court of Appeal in the case of Sembcorp Marine Ltd v PPL Holdings Pte Ltd and anor [2013] SGCA 43 for disputes involving a contextual approach to the construction of a contract.

(2) In particular, the Court of Appeal made the following observations at paragraph 73 of the judgment: