Civil Litigation FAQs

Litigation is the official legal process which takes place when a case is handled through the Singapore Court system. Through legal proceedings conducted in Court, parties who are involved in a legal challenge get the Court’s judgment and decision on how the challenge must be settled.

There are typically 2 types of litigation:

• Civil litigation: this is the type of Court proceeding which take place if the legal challenge relates to a civil case and if the case involves your private rights and liabilities
• Criminal litigation: this is the type of Court proceeding which take place if the legal challenge relates to a criminal case and if the case involves a question of if a person is guilty or innocent of having carried out a criminal offence

If you’re involved in a civil case and seeking to fix an undesirable situation, you can start civil litigation proceedings to pursue a civil claim against the wrongful party.

Common civil claims include these:

• Claim for breach of contract
• Claim for the financial or non-financial damage or injury caused by someone’s wrongful acts

A civil claim is started by either you or a company and organisation with its own separate legal identity.

Civil litigation is the official legal proceedings in Court which take place if the legal challenge relates to a civil case and if the case involves your private rights and liabilities

If you’re involved in a civil case and seeking to fix an undesirable situation, you can start civil litigation proceedings to pursue a civil claim against the wrongful party.

A civil claim is started by either you or a company and organisation with its own separate legal identity.

An individual can either represent himself or conduct his own case in a civil claim or appoint a Singapore lawyer to represent you in the proceedings.

However, a company can only pursue or defend a civil claim through a Singapore lawyer.

The same rules and guidelines will apply to regardless of if the case is being conducted by a Singapore lawyer or a party who is representing himself.

A civil claim will take place through one of these Courts, depending on the type and amount or value of claim:

• Small Claims Tribunal:
  • This Court handles cases involving claims with an amount or value up to $10,000.
  • This Court can also handle claims with an amount or value up to $20,000 if both parties agree.
• State Courts of Singapore:
  • Magistrates’ Courts:
    • These Courts handle cases involving claims with an amount or value up to $60,000.
  • District Courts:
    • These Courts handle cases involving claims with an amount or value up to $250,000.
  • Supreme Court of Singapore:
    • High Court:
      • This Court handles cases involving claims with an amount or value above $250,000.
      • This Court can also handle any claim with a lower amount or value.
    • Family Justice Courts:
      • These Courts handle cases involving family and matrimonial law such as divorce, Maintenance of the Wife and Children, Custody of Children, Domestic Violence and Personal Protection Orders.

A civil case or civil action is started by preparing and submitting written documents according to a set of rules and guidelines managed by the Court.

The same rules and guidelines state will apply regardless of if the case is conducted by a Singapore lawyer or a party who is representing himself.

A civil case is started in 2 ways:

• By submitting a document known as a Writ of Summons
  • This method is typically used when the case involves numerous and significant disputes regarding the facts of the case
  • The Writ of Summons must typically say the key information regarding the claim, such as:
    • Cause of action: this is the basis and reason for the claim.
    • Remedies: these are the types and form of redress or corrective action which you’re seeking to get if you succeed in the claim.
    • This information is usually stated in a separate document known as the Statement of Claim.
  • It is more common for cases to be started by a Writ of Summons than by an Originating Summons.
• By submitting a document known as an Originating Summons:
  • This route is typically used when the case involves a specific application or request being made to the Court to decide on how a particular document must be interpreted.
  • Some laws also say that a case must be started through an Originating Summons.

The Plaintiff is the person who starts the civil claim and submits the Writ of Summons.

The Defendant is the person against whom the civil claim is filed.

A civil case can involve 2 or more Plaintiffs or Defendants.

The key stages in a civil claim typically include these:

• Pleadings: this is the stage where key documents are prepared and filed (i.e. submitted) by the parties to say or summarise the main facts and arguments that they are relying on in support of their own individual cases.
• Pre-trial process: this is the stage where parties need to follow a set of rules and guidelines managed by the Court. The rules and guidelines say how the parties must prepare and submit certain documents and how they can conduct discovery (that is the process through which a party is allowed get and gather information and documents that are important to the case but which are in the possession of the opposing party).
• Trial process: this is the stage a separate Court hearing (known as a trial) will take place where the Judge will take into account the evidence presented and arrive at a decision as to whether the Plaintiff has succeeded in showing his claim.
  • During the trial, the Plaintiff will present the evidence to convince the Court to conclude that he has succeeded in showing on a balance of probabilities that the Defendant has carried out a wrongful act and caused the damage, loss or injury allegedly suffered by the Plaintiff.
  • Likewise, the Defendant will also present his evidence to convince the Court to accept your basis for disputing the conduct alleged or to conclude that the Plaintiff’s claim has not been proven on a balance of probabilities.
• Appeal: this is the stage where the Plaintiff or Defendant makes an appeal to a higher Court if he disagrees with the Judge’s judgment and decision on how the challenge must be settled.
• Enforcement: this is the stage where the Plaintiff who has succeeded in getting a judgment in his favour can proceed to enforce the Court’s judgment or order against the Defendant (e.g. to get payment of the monies which the Court has ordered the Defendant to pay the Plaintiff).

The main events that usually take place during the Pleadings stage in a civil claim include these:

• Writ of Summons: the Plaintiff submits the Writ of Summons to start the civil claim against the Defendant. The Writ of Summons must also be served on the Defendant.
  • The Writ of Summons must usually contain the main information regarding the claim, such as:
    • Cause of action: this c the basis and reason for the claim.
    • Remedies: this means the types and form of compensation or corrective action which you’re seeking to get if you succeed in the claim.
  • This information is usually stated in a separate document known as the Statement of Claim.
• Memorandum of Appearance: within 8 days after the Defendant is served with the Writ of Summons, he must enter an appearance by submitting a document known as the Memorandum of Appearance if he wants to challenge the Plaintiff’s claim. The purpose of entering an appearance is to officially tell the Court and the Plaintiff that he plans to challenge the claim.
• Judgment in default of Appearance: if the Defendant fails to enter an appearance, the Plaintiff can apply to get a judgment in default of the Defendant’s appearance.
  • Depending on the facts of the case, the default judgment can be considered a final judgment (which provides a final decision on all issues in the case and concludes the claim) or an interlocutory judgment (which only provides a temporary or provisional decision on an issue).
  • The Defendant can apply to the Court to set aside (i.e. take back the default judgment) or vary (i.e. amend or amend the terms) of the Plaintiff’s default judgment.
• Defence and Counterclaim:
  • Within 22 days after the Defendant is served with the Writ of Summons, he must state the reasons in support of defence to the Plaintiff’s claim by submitting a document known as the Defence. The Defence must also be served on the Plaintiff.
  • If the Defendant also plans to assert that he has a separate claim against the Plaintiff, he can make a counterclaim in the same case by submitting a document known as the Defence and Counterclaim.
• Judgment in Default of Defence:
  • if the Defendant fails to submit his Defence, the Plaintiff can apply to get a judgment in default of the Defendant’s Defence.
    • Depending on the facts of the case, the default judgment can be considered a final judgment (which provides a final decision on all issues in the case and concludes the claim) or an interlocutory judgment (which only provides a temporary or provisional decision on an issue).
    • The Defendant can apply to the Court to set aside (i.e. retract the default judgment) or vary (i.e. amend or amend the terms) of the Plaintiff’s default judgment.
  • Reply and Defence to Counterclaim:
    • Within 14 days after the Defence (and Counterclaim) is been served on the Plaintiff, he can give his response to the Defendant’s assertions by submitting a document known as the Reply to Defence or a Reply to Defence and Counterclaim (if the Defendant has made a counterclaim).

The main stages in a civil claim usually include these:

• Pleadings: this is the stage where main documents are prepared and filed (i.e. submitted) by the parties to say or summarise the main facts and arguments that they are relying on in support of their own individual cases.
• Pre-trial process: this is the stage where parties need to follow a set of rules and guidelines managed by the Court. The rules and guidelines say how the parties must prepare and submit certain documents and how they can conduct discovery (that is the process through which a party is allowed get and gather information and documents that are important to the case but which are in the possession of the opposing party).
• Trial process: this is the stage a separate Court hearing (known as a trial) will take place where the Judge will take into account the evidence presented and arrive at a decision as to whether the Plaintiff has succeeded in showing his claim.
• Appeal: this is the stage where either party makes an appeal to a higher Court if that party disagrees with the Judge’s judgment and decision on how the challenge must be settled.
• Enforcement: this is the stage where the Plaintiff who has succeeded in getting a judgment in his favour can proceed to enforce the Court’s judgment or order against the Defendant (e.g. to get payment of the monies which the Court has ordered the Defendant to pay the Plaintiff).

The main events that usually take place during the pre-trial stage in a civil claim include these:

• Summons for Directions:
  • This is a type of Court hearing that is conducted for the Court to identify and decide on the actions and steps that must be taken by the parties to prepare for the eventual trial.
  • The Court will give directions (i.e. instructions) for the parties to take various steps to prepare for the trial, such as:
    • Confirming the witnesses who will be giving evidence in support of the parties’ own individual cases.
    • Filing and exchanging the witnesses’ affidavits (i.e. statements made and signed by the witnesses under oath or affirmation) which state the facts and evidence they want to give in support of the parties’ own individual cases.
    • Estimating the number of trial days which are needed for the presentation of the witnesses’ evidence.
    • Agreeing on if special evidence is needed to be presented at the trial, such as the evidence of an expert witness (i.e. a witness who is considered an expert on a particular or specialist subject matter that is main or important to the legal challenge).
• Interlocutory Applications:
  • These are applications or requests that are made by a party to get the Court’s assistance or intervention to give specific instructions or to make decisions on specific issues as the parties prepare for the trial.
  • An interlocutory application is usually made by:
    • Filing a document known as a Summons which sets out the nature of the application and type of orders requested and the reasons in support of the application.
    • Filing an affidavit (i.e. statements made and signed by a witness under oath or affirmation) to give the facts and evidence in support of the application.
  • Common interlocutory applications include those which are made to get these:
    • Amendment of the pleadings: the Court can order that a party be allowed to amend a document which has already been filed.
    • Further and better particulars: a party can apply to the Court to order that the opposing party give additional information or details regarding his pleadings so that the other party can have a better understanding of the opposing party’s case and how he needs to challenge this at the trial.
    • Discovery of documents: the Court can order that a party to give (to the opposing party) with disclosure of and Access to information and documents that are important to the case but which are in his possession.
    • Default judgment: if a party fails to comply with a direction or order of the Court, the other party can apply to the Court to order judgment without proceeding to a trial.
    • Summary judgment: the Plaintiff can apply to the Court to order judgment without proceeding to a trial if he can show that the Defendant doesn’t have a real or legitimate defence to challenge the claim.

Discovery is the process which takes place where the Plaintiff and Defendant prepare their case and for the trial by getting and gathering information and documents that are important to the case from the opposing party.

This is a main part of the civil claim because it is compulsory for all parties in the case to make a detailed and full disclosure to each other of all information, documents and materials which are important to the case and which are in their own individual possession.

This responsibility for disclosure continues until the close of the case.

As part of this process, all parties must review the information, documents and materials which are important to the case and which are in their own individual possession and then officially list out these documents