The Rules of Court 2021: What Changed for Anyone Suing or Being Sued in Singapore
If you last dealt with a Singapore lawsuit before 2022, much of what you remember has been renamed or replaced. A writ of summons is now an originating claim. Discovery works differently. You are expected to offer to settle before you sue, and the court can hold it against you on costs if you do not. The Rules of Court 2021 set the procedure for most civil cases in the State Courts and the Supreme Court, and they reward parties who move early and keep the case lean.
This is general information, not legal advice. How the rules apply to your dispute depends on the court it sits in, when it started, and the directions the court gives in your case.
When Did the Rules of Court 2021 Take Effect, and Which Cases Do They Cover?
The Rules of Court 2021 came into operation on 1 April 2022 (Order 1, Rule 1). They apply to civil proceedings in the Supreme Court and the State Courts commenced on or after that date, including appeals from those proceedings. Cases started before 1 April 2022 generally continue under the old rules, subject to the transitional provisions in the First Schedule.
Some proceedings sit outside them. The rules do not apply to proceedings in the Family Division of the High Court, and, unless the court directs otherwise, they do not apply to proceedings in the Singapore International Commercial Court started on or after 1 April 2022. Claims in the Small Claims Tribunals run under their own statute, the Small Claims Tribunals Act 1984, which sets a limit of S$20,000 and an extended limit of S$30,000.
Which court hears a claim still turns on its value. Under the State Courts Act 1970, the Magistrate’s Court limit is S$60,000 and the District Court limit is S$250,000. Larger claims go to the General Division of the High Court. Our civil litigation practice acts in all three.
The Five Ideals: Why the Court Now Asks Whether Your Case Is Proportionate
Order 3, Rule 1 sets out five Ideals the rules are built to achieve:
- fair access to justice;
- expeditious proceedings;
- cost-effective work, proportionate to the nature and importance of the action, its complexity, and the amount at stake;
- efficient use of court resources; and
- fair and practical results suited to the needs of the parties.
The court must seek to achieve the Ideals in all its orders, and every party has a duty to conduct its case in a way that helps achieve them. Order 3, Rule 2 also makes almost every requirement in the rules subject to the court’s discretion, even where the rule says “must”. In practice this means a judge can cut back an application that is out of proportion to a S$40,000 claim, and can refuse to let a technical step derail a case that is otherwise moving.
You Must Consider Settlement Before You Sue
This is the change most likely to affect you before any court papers exist. Under Order 5, Rule 1, every party has a duty to consider amicable resolution before starting an action and throughout it. A claimant is to make an offer of amicable resolution before commencing the action unless it has reasonable grounds not to. A party must not reject such an offer without reasonable grounds.
Order 5, Rule 2 sets the mechanics. The offer and any rejection must be in writing. The offer must stay open for a reasonable time and, unless the parties agree otherwise, for at least 14 days. Its terms cannot be shown to the court until the court has decided the merits and is dealing with costs.
The court can also order the parties to try amicable resolution, such as mediation. If a party tells the court it does not want to, the court may order it to submit its reasons in a sealed document, which is opened only after the merits are decided and can be used on costs (Order 5, Rule 3).
This is where a well-drafted letter of demand earns its keep. A demand that sets out the claim clearly and makes a genuine written offer can serve as the pre-action offer the rules expect. Our guide on how to write and send a letter of demand covers the contents.
How Settlement Conduct Now Affects Costs
Costs remain in the court’s discretion, but Order 21 tells the court what to weigh. When fixing or assessing costs, the court must consider all relevant circumstances, and the first one listed is the efforts the parties made at amicable resolution (Order 21, Rule 2). Order 21, Rule 4 goes further: the court may disallow or reduce a successful party’s costs, or order it to pay costs, if it did not discharge its duty to consider amicable resolution or to make an offer under Order 5.
Winning on the merits no longer guarantees you recover your costs. A party who refused every reasonable offer, or never made one, can win the case and still lose on costs.
Originating Claim or Originating Application: How a Case Starts
Order 6 replaced the old writ of summons and originating summons with 2 forms of originating process.
- Originating claim. Used where the material facts are in dispute, which covers most contract, debt and tort claims.
- Originating application. Used where a written law requires it, where the application is made under a written law, or where the case turns mainly on the construction of a document or law and the material facts are not disputed.
An originating claim served in Singapore is valid for service for 3 months from issue. The court may extend that, but except in a special case only twice and by no more than 3 months each time. A claim can be issued with only a short description of the claim (endorsed generally) only where the limitation period will expire within 14 days, and the full statement of claim must then follow within 14 days.
What Happens After You Are Served
If you are the defendant and were served in Singapore, the clock is short.
- Within 14 days after the statement of claim is served, file and serve a notice of intention to contest or not contest (Order 6, Rule 6). The period is 21 days if you were served outside Singapore.
- Within 21 days after the statement of claim is served, file and serve your defence (Order 6, Rule 7). The period is 5 weeks if you were served outside Singapore.
- If you miss either deadline, the claimant can apply for judgment against you. When giving judgment in default, the court may award interest at 5.33% a year from the date the claim was filed.
- If you say the dispute must go to arbitration, or that the court lacks jurisdiction, you can file a defence stating that ground instead of a defence on the merits, and doing so is not treated as submitting to the court’s jurisdiction.
If you have been served, speak to a lawyer in the first week. Much of what shapes the case happens in the defence.
Case Conferences and the Single Application Pending Trial
Under Order 9, the court takes control of the timetable. A case conference is held 8 weeks after the originating claim is issued where the defendant is served in Singapore, or 12 weeks where service is abroad. A Registrar usually conducts it, and the court can hold as many as it thinks fit.
The old practice of a string of interlocutory applications is gone. As far as possible, the court orders each party to make a single application pending trial covering everything needed to get the case to trial: adding parties, amending pleadings, security for costs, striking out, production of documents, interim relief, expert evidence and more (Order 9, Rule 9). The applying party files within 21 days after the case conference, and the other side replies within 21 days after that. Anything you leave out of that application may be hard to raise later.
Summary judgment survives. A claimant can apply after the defence is filed on the ground that the defendant has no defence to all or part of the claim. The defendant has 14 days after service of the application to file its affidavit, and the court can refuse the application, give permission to defend, or grant judgment (Order 9, Rule 17).
Documents: No More General Discovery
Order 11 replaced broad discovery with a narrower duty. When the court orders it, each party must exchange documents in its possession or control that it will rely on, and all known adverse documents, which include documents a party ought reasonably to know are adverse to its case. Wider disclosure happens only by agreement or court order.
Two consequences follow. You cannot rely on a document you did not exchange or produce. And to get a specific document from the other side, you must identify it properly and show it is material to the issues. Keep your own records organised from the moment a dispute starts, because the burden of finding and producing them falls on you.
Experts Need the Court’s Approval
Under Order 12, expert evidence needs the court’s approval, and the court will not approve it unless it will contribute materially to deciding an issue that cannot be resolved by agreed facts or submissions. As far as possible, the parties must agree on one common expert. Except in a special case and with approval, a party cannot rely on more than one expert for any issue, and the court can appoint its own expert.
Smaller Claims: The Simplified Civil Process
For lower-value disputes, the Singapore Courts explain that the simplified civil process applies to all originating claims in the Magistrate’s Court, and to District Court claims where all parties consent. It runs through a civil simplified case conference to a simplified trial. Where expert evidence is needed in a simplified trial, the parties must jointly appoint one independent expert.
After Judgment: Enforcement Under One Order
The rules also reorganised enforcement into a single enforcement application under Order 22, with new names for the old writs. We cover that stage in detail in what to do when you won in court and still have not been paid.
Frequently asked questions
When did the Rules of Court 2021 come into force?
On 1 April 2022. They apply to civil proceedings in the Supreme Court and the State Courts commenced on or after that date. Proceedings started earlier generally continue under the old Rules of Court, subject to the transitional provisions in the First Schedule of the 2021 Rules.
Do I have to offer to settle before suing in Singapore?
Order 5 requires a party to make an offer of amicable resolution before commencing an action unless it has reasonable grounds not to. The offer must be in writing and open for at least 14 days unless the parties agree otherwise. Failing to do so can be taken into account on costs.
What replaced the writ of summons?
The originating claim, used where the material facts are in dispute. The originating summons was replaced by the originating application, used where a written law requires it or where the case turns on a question of law or construction and the facts are not disputed.
How long do I have to respond after being served?
If you were served in Singapore, you must file a notice of intention to contest or not contest within 14 days after the statement of claim is served, and your defence within 21 days. If you miss these deadlines, the claimant can apply for judgment in default.
Can I win my case and still pay costs?
Yes. Under Order 21, the court must consider the parties’ efforts at amicable resolution when deciding costs, and it can disallow or reduce a successful party’s costs, or order it to pay costs, if it did not discharge its duty to consider amicable resolution or make an offer under Order 5.
Is there still discovery under the Rules of Court 2021?
Not in the old general form. Parties exchange the documents they rely on and all known adverse documents, when ordered. Anything wider needs agreement or a court order, and a request for a specific document must identify it and show it is material.
Speak with our litigation team
We advise claimants and defendants from the first letter to judgment and enforcement: framing the pre-action offer, meeting the early deadlines after service, preparing the single application pending trial, and keeping the case proportionate to what is at stake. Read more about our civil litigation practice. Bring us the papers you have, including anything you have been served with, and we will tell you where you stand and what the next deadline is.
Call (65) 6557 0215 or email contactus@dllclegal.com. We typically respond within minutes during business hours.
This article is general information about civil procedure under the Rules of Court 2021 in Singapore and is not legal advice. The rules are amended from time to time and the court can vary most requirements in a particular case, so confirm the current position on Singapore Statutes Online, with the Singapore Courts, or with a lawyer before acting. For advice on your specific matter, consult an Advocate & Solicitor.
Statutory references: Rules of Court 2021 (S 914/2021), Order 1 Rules 1 and 2, Order 3 Rules 1 and 2, Order 5 Rules 1 to 3, Order 6 Rules 1, 3, 5, 6 and 7, Order 9 Rules 1, 9 and 17, Order 11, Order 12 Rules 2 and 3, Order 21 Rules 2 and 4, Order 22; State Courts Act 1970, section 2; Small Claims Tribunals Act 1984, section 2.