How does a civil lawsuit work in Singapore?

The rules changed in 2022

Civil cases in Singapore's courts follow the Rules of Court 2021, which replaced the earlier rules on 1 April 2022. Some of the names changed. What used to be a writ of summons is now an Originating Claim, used where the facts are in dispute. An originating summons is now an Originating Application. And instead of 'entering an appearance', a defendant now files a notice of intention to contest or not contest the claim.

If you are reading older material online, keep in mind that it may use the previous terms and procedures.

Step 1: Try to settle first

The rules now place a duty on the parties themselves to consider resolving the dispute amicably, both before and during any court case. Before starting a claim, a party must make an offer of amicable resolution, unless there are reasonable grounds not to. In practice this offer is usually made in a letter of demand.

Step 2: Starting the claim

The claimant files an Originating Claim together with a Statement of Claim, which sets out the facts and what is being claimed. The Originating Claim is valid for three months from when it is issued, and can be extended.

The claimant must take reasonable steps to serve it on the defendant within 14 days if the defendant is in Singapore, or within 28 days if the defendant is overseas.

Step 3: The defendant's response

The defendant has 14 days after being served with the Statement of Claim to file a notice of intention to contest or not contest (21 days if served outside Singapore). The Defence is due 21 days after the Statement of Claim is served (five weeks if served outside Singapore).

If the defendant misses these deadlines, the claimant can apply for default judgment. Setting aside a default judgment later requires an application and an explanation. A case can also end early through summary judgment, striking out, or a settlement.

Step 4: Case conferences and preparing for trial

The court manages the case through case conferences and sets the timetable. The parties produce their documents and exchange affidavits of evidence-in-chief, which are the written statements of their witnesses.

Most applications before trial are now brought together in a single application pending trial, rather than one by one. The court may also direct the parties to try mediation or another form of alternative dispute resolution.

Step 5: Trial and judgment

At trial, each side opens its case, its witnesses' affidavits stand as their evidence, and they are cross-examined and re-examined. Both sides then make closing submissions. In civil cases the claimant usually has to prove the claim on the balance of probabilities.

The judge may give judgment on the day or reserve it for a later date. Appeals go to the Appellate Division of the High Court or the Court of Appeal.

How long it takes

An undefended claim can be over in weeks. A contested case that goes to trial usually takes a year or more. These are rough estimates; every case is different, and a lawyer can give you a better sense of the timeline for yours.