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. 

Provision amended

Before amendment

After amendment

Effective date

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.

 

 

Notice of Motion must be served within three days of issue.

 

No time period prescribed for Notice of Originating Motion.

 

Applies to interlocutory Notice of Motion or Notice of Originating Motion filed on or after 1 December 2004.

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.

 

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.

 

Applies to proceedings commenced on or after 1 December 2004.

Summons filed under O 12 r 7 must state grounds of the application.

 

Summons no longer required to state the grounds.

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.

 

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.

Order 17, Rule 4 — service of interpleader summons.

Interpleader application in a pending action must be served personally on all parties.

 

Ordinary service can be used unless the Court otherwise orders.

Applies to interpleader applications filed on or after 1 December 2004.

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.

 

Applies to all High Court actions begun by writ where trial commences on or after 8 December 2004.

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.

 

No penalty for filing Opening Statement late.

Opening Statement filed late will attract stamp fee of $300.

 

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.

 

Applies to all affidavits sworn on or after 1 December 2004.

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.

 

Applies on and from 1 December 2004.

Order 46, Rule 6 — definition of ‘wholly executed’ for purposes of extending validity of writ of execution.

 

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.

Order 46, Rule 11 — praecipe for date for execution.

Judgment creditor must file several praecipes for a successful execution.

 

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.

Order 46, Rule 17 — statement of accounts on execution.

No reference to priority accorded to other creditors under other legislation, eg CPF Board.

 

Order 46 Rule 17(3) amended to make express reference to ‘any written law’.

Applies on and from 1 December 2004.

Order 46, Rule 24 — auction of goods exceeding $2,000.

Sale must be publicly advertised two days before the auction.

 

Time period lengthened to 14 days.

Applies on and from 1 December 2004.

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.

 

Time period shortened to three months.

Applies where proceeding sought to be quashed is made or commenced on or after 1 December 2004.

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.

 

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