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NEWS Rules of Court (Amendment No 2) Rules 2004 |
Rules of Court (Amendment No 2) Rules 2004
The Rules of Court (Amendment No 2) Rules 2004 were gazetted on 1 November 2004 and come into effect on 1 December 2004. This table summarises the principal substantive changes.
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Provision amended |
Before amendment |
After amendment |
Effective date |
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Order 8, Rule 2 — service of notice of motion. |
No prescribed time for service after issue of Notice of Motion or Notice of Originating Motion.
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Notice of Motion must be served within three days of issue.
No time period prescribed for Notice of Originating Motion.
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Applies to interlocutory Notice of Motion or Notice of Originating Motion filed on or after 1 December 2004. |
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Must be served at least two clear days before hearing. |
Notice of Motion and Notice of Originating Motion must be served at least seven clear days before hearing.
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Order 12, Rule 7 — challenge to jurisdiction. |
No time limit for filing an application for a stay on grounds of forum non conveniens. |
An application to ask the court to decline jurisdiction on forum non conveniens grounds must be brought within the limited for serving a defence.
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Applies to proceedings commenced on or after 1 December 2004. |
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Summons filed under O 12 r 7 must state grounds of the application.
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Summons no longer required to state the grounds. |
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Order 14, Rule 14 — time limit for filing summary judgment application. |
Application for summary judgment cannot be filed more than 14 days after close of pleadings.
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Time period for summary judgment application now extended to 28 days after close of pleadings. |
Applies to proceedings commenced on or after 1 December 2004. |
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Order 17, Rule 4 — service of interpleader summons. |
Interpleader application in a pending action must be served personally on all parties.
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Ordinary service can be used unless the Court otherwise orders. |
Applies to interpleader applications filed on or after 1 December 2004. |
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Order 34A, Rule 3A(1) — opening statements to be filed at setting down. |
Opening statements are filed separately, and are required to be filed not less than three days before commencement of trial. |
Opening statements must be filed together with setting down documents, and must be filed not less than five days before the trial of an action. See PD 4 of 2004, para 34(5) for format of Opening Statement.
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Applies to all High Court actions begun by writ where trial commences on or after 8 December 2004. |
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No limit on length of Opening Statement. |
Opening Statement should not exceed 20 pages. Each page above 20 pages attracts an additional stamp fee of $10.
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No penalty for filing Opening Statement late. |
Opening Statement filed late will attract stamp fee of $300.
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Order 41, Rule 12 — affidavits sworn or affirmed in non-Commonwealth countries. |
Affidavit sworn or affirmed in a non-Commonwealth country must be sworn or affirmed before a consular officer of a Commonwealth country. |
Affidavit can be sworn or affirmed in a non-Commonwealth country before any person authorised by the law of that country to administer oaths.
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Applies to all affidavits sworn on or after 1 December 2004. |
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Order 45, Rule 11A — Enforcement conference. |
No provision. |
Court may of its own motion or upon written request by parties convene execution conference and make orders for the just, expeditious and economical disposal of enforcement proceedings.
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Applies on and from 1 December 2004. |
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Order 46, Rule 6 — definition of ‘wholly executed’ for purposes of extending validity of writ of execution.
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No provision. |
‘Wholly executed’ expressly defined for writ of seizure and sale, writ of delivery and writ of possession. |
Applies to writs of execution issued on or after 1 December 2004. |
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Order 46, Rule 11 — praecipe for date for execution. |
Judgment creditor must file several praecipes for a successful execution.
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Only a single praecipe in the new Form 92 or Form 93A needs be filed. |
Applies to writs of execution issued on or after 1 December 2004. |
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Order 46, Rule 17 — statement of accounts on execution. |
No reference to priority accorded to other creditors under other legislation, eg CPF Board.
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Order 46 Rule 17(3) amended to make express reference to ‘any written law’. |
Applies on and from 1 December 2004. |
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Order 46, Rule 24 — auction of goods exceeding $2,000. |
Sale must be publicly advertised two days before the auction.
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Time period lengthened to 14 days. |
Applies on and from 1 December 2004. |
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Order 53, Rule 1(6) — time limit for applying for leave to seek certiorari. |
Application for leave must be brought within 6 months of the proceedings sought to be quashed.
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Time period shortened to three months. |
Applies where proceeding sought to be quashed is made or commenced on or after 1 December 2004. |
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Order 83, Rule 3 — requirements for affidavit in support of OS for possession. |
Affidavit in support must set out: (a) amount of advance; (b) amount of repayments; (c) amount of interest or instalments in arrears; and (d) amount remaining due.
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Affidavit must set out: (a) amount of instalments arrears; and (b) amount remaining due. |
Applies on and from 1 December 2004. |
Vinodh Coomaraswamy
Civil Practice Committee
The Law Society of Singapore