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5 and 6 - writ

5 and 6 - writ

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Writ action
Exam \u2013

sn a \u2013 40 short qns 1 mark each and
b \u2013 choose 2 of 3 long hypos with many parts
File management \u2013 30%

legis and subsid legis that wld be helpful

ROC \u2013 order 1 to 92
Forms \u2013 cross refer to these at the end
Family court \u2013 sep procedure (matrimonial proceedings rules/ women\u2019s charter)
Civil pro covers only non crim and non fam matters

Overview of a civil process
Originating \u2013 to start case

Used when disputes of fact (OS \u2013 little dispute of fact)
Writ track more complicated
Originating process \u2013 writ or OS.

Pre trial applications

But in between, may have many other applications to file \u2013 pre trial applications (relief at any pt in time) =
summons \u2013 previously summons in chambers (SIC)) note different from writ of summons which is the originating
process

\u2022
Modes in which applications is made during litigation:
(1) Summons in Chambers (Interlocutory application)
Which court to go to?
Supreme court \u2013 HC and CA
Sub court \u2013 small claims trib/ magis court/ district court
\u2022
High Court has both original and appellate jurisdiction
Monetary jurisdiction of every tier \u2013
\u2022
Monetary Limit:
(i)
Small Claims Tribunal - $10,000; with consent $20,000
(ii)
Magistrates\u2019 Court - $60,000 and below
(iii)
District Court - $250,000 and below
(iv)
High Court \u2013 Above $250,000
How to invoke jurisdiction in sg courts
SCJA \u2013 section 16 \u2013 invoking juris on def by serving writ or OS on him \u2013 there will be juris over him in civil courts
in sg
\u2022
Jurisdiction of the Singapore Courts \u2013 Section 16 SCJA: service of writ on Defendant
(A) Writs of Summons - Form, Endorsements, Issue, Duration and Renewal
VERY IMPORTANT!!!!!!!!!!
1. Form, Endorsements:
a)O 6, r 1 of the Rules of Court (\u201cROC\u201d) - every writ must be in Form 2.
For an Admiralty/shipping writ in personam or in rem - it must be in Form 159 (Issue of writ and entry of
appearance (O. 70, r. 2) - 2. \u2014(1) An action in rem must be begun by writ; and the writ must be in Form 159.).
b)O 6, r 2(1) - before a writ is issued, it must be endorsed with the following:
(1)statement of claim (full) or concise nature of claim (summary)- r 2(1)(a). \u2013 writ will either accompany detailed
statement of claim or If no time to draft and need to rush out concise nature of claim - short summary
summarizing nature of claim) \u2013 impt because of limitation period. Statement of claim takes prescribed form.
1
(2)for debt or liquidated demand (fixed sum) (unliquidated \u2013 to be determined), endorsement of
cost/payment/stay - r 2(1)(b).
(3)plaintiff or defendant sues or sued in representative capacity, with statement of such capacity - r 2(1)(c) and
(d).
(4)sues by solicitor, with plaintiff\u2019s address, solicitor\u2019s name or firm and business address of solicitor within
jurisdiction - r 2(1)(e).
(5)sues in person, address of residence within jurisdiction, or if none, the address within jurisdiction for service of
documents; occupation - r 2(1)(f).
(6)number of days within which appearance is to be entered (appear to defend)\u2013 r 2(1)(g) and O 12 r 4.
Endorsement on writ (O. 6, r. 2)
2. \u2014(1) Before a writ is issued, it must be endorsed \u2014

(a) with a statement of claim or, if the statement of claim is not endorsed on the writ, with a concise statement of
the nature of the claim made or the relief or remedy required in the action begun thereby;
(b) where the claim made by the plaintiff is for a debt or liquidated demand only, with a statement of the amount
claimed in respect of the debt or demand and for costs and also with a statement that further proceedings will be
stayed if, within the time limited for appearing, the defendant pays the amount so claimed to the plaintiff or his
solicitor;
(c) where the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues;
(d) where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued;
(e) where the plaintiff sues by a solicitor, with the plaintiff\u2019s address and the solicitor\u2019s name or firm and a business
address of his within the jurisdiction;
(f) where the plaintiff sues in person \u2014
(i) with the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has
no place of residence, the address of a place within the jurisdiction at or to which documents for him may be
delivered or sent; and
(ii) with his occupation; and
(g) with the number of days within which an appearance is required to be entered under Order 12, Rule 4.
(2) The address for service of a plaintiff shall be \u2014
(a) where he sues by a solicitor, the business address of the solicitor endorsed on the writ; and
(b) where he sues in person, the address within the jurisdiction endorsed on the writ.

Time limited for appearing (O. 12, r. 4)
4. References in these Rules to the time limited for appearing are references \u2014

(a) in the case of a writ served within the jurisdiction, to 8 days after service of the writ or, where that time has been
extended by or by virtue of these Rules, to that time as so extended; and
(b) in the case of a writ served out of the jurisdiction, to 21 days after service of the writ as provided for in Order
10, Rule 2 or Order 11, Rule 2 or to such extended time as the Court may otherwise allow.

2. Issue, Duration & Renewal
a)Issuance of a writ (all by EFS \u2013 prepare in soft copy the transmit to courts):

Issue of writ (O. 6, r. 3)
3. \u2014(1) A plaintiff or his solicitor must, on presenting a writ for sealing, leave with the Registrar the original and
a copy together with as many copies thereof as there are defendants to be served.

(2) The Registrar shall assign a serial number to the writ and shall sign, seal and date the writ whereupon the
writ shall be deemed to be issued.
(3) The original writ must be filed in the Registry and an entry thereof made in the cause book.
(1)O 6, r 3(1) - Plaintiff seeking issuance of writ must file with the Registrar an original and one copy of the writ,
and one additional copy for each defendant to be served. (efile 1 copy - (efile - only signs and seals one and
sends the rest).
(2)(2) O 6, r 3(2) - Registrar will assign a serial number to the writ and sign, and date the original and all copies
of the writ, and seal all copies of the writ ( writ is deemed issue when registrar hyas done all f this) (ie: Suit
no:xxxx/2002)
2
(3)(3) O 6, r 3(3) - The writ is deemed issued and the action has commenced on the date the Registrar has
done the above.
(4)SEE also Order 63A: electronic filing and service
b) Validity of a writ of summons and its renewal:
Duration and renewal of writ (O. 6, r. 4)
4. \u2014(1) Subject to the other provisions of these Rules, for the purposes of service, a writ is valid in the first

instance \u2014
(a) where leave to serve the writ out of the jurisdiction is required under Order 11, for 12 months; and
(b) in any other case, for 6 months,
beginning with the date of its issue.
(2) Subject to paragraph (2A), where a writ has not been served on a defendant, the Court may by order extend

the validity of the writ from time to time for such period, not exceeding 6 months at any one time, beginning
with the day next following that on which it would otherwise expire, as may be specified in the order, if an
application for extension is made to the Court before that day or such later day (if any), as the Court may
allow.

(2A) Where the Court is satisfied on an application under paragraph (2) that, despite the making of reasonable
efforts, it may not be possible to serve a writ within 6 months, the Court may, if it thinks fit, extend the validity of
the writ for such period, not exceeding 12 months at any one time, as the Court may specify.
(3) Before a writ, the validity of which has been extended under this Rule, is served, it must be marked with an
official stamp in Form 3 showing the period from which the validity of the writ has been so extended.
(4) A note of the renewal must be entered in the cause book.

(1)O 6, r 4 - a writ is valid for the purposes of service, for 6 months \u201cbeginning with date of its issue\u201d [see r

1(a)]; valid for 12 months if necessary to obtain leave to serve out of jurisdiction [see r 1(b)]. \u201cDate\u201d means
day, and does not take into account fractions of a day. May start off as 6 mth but court may extend to 12 where
cannot locate the defendant for any reason.

**Note: Reference to \u201cdate\u201d means day, and does not take into account fractions of a day. The effect of this
rule is that the writ cannot be served after the time period subject to renewal.
(2)Trow v Ind Coope Ltd [1967] 2 All ER 900 - The validity of the writ for the appropriate period begins with the
actual day on which it is issued, and therefore a writ issued on the 10th of January 2000 will not be valid for
service on 10th July 2000. The last valid day for service being 9th July 2000. Source: WB 6/8/3 (1997).
White Book, para 6/8/3 1987
Therefore a writ issued on the 10th of January will not be valid for service on the 10th of July 2000. The last
valid day for service is 9th July 2000.
(3)O 6, r 4(2) - the validity of the writ may be extended by the court for up to 6 months whether such
application is made before or after the writ has expired.
(4)O 6, r 4(2A) - the validity of the writ may be extended by the court for up to 12 months whether such
application is made before or after the writ has expired, if it is shown that, despite making reasonable efforts, it
may not be possible to serve the writ within 6 months.
**Note: This means that the plaintiff has up to 6 months after the expiry of the writ to apply for its renewal.
If you renew early, the date will still run from the date of the expiry of the original writ.
Note: You are allowed to renew up to 1 \u2018tranche\u2019 of 6 months \u2013i.e there is a grace period of 6 months after the
date of expiry of the original writ. {You can renewal within that period}
If you renewal after expiry (but within the 6mths), the date that the new writ will run is from the old date of
expiry. Once you renew the writ, then you can avail yourself to another 6 month grace period. So long as the
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