Civil appeals against decisions by State Courts district judges or magistrates (from 1 April 2022)

Key facts

Refer to the following on how to apply for permission to appeal.

Estimated fees

The estimated fees include:

Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.

How to file

You may choose to file personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.

If you are representing yourself, follow these steps to apply for leave to appeal. The application for permission to appeal is to be filed in either the Magistrate’s Court or District Court that heard your case.

1. File the documents via eLitigation

When: within 14 days from the decision

Visit the LawNet & CrimsonLogic Service Bureau to file the following documents via eLitigation:

• Application for permission to appeal.
• Supporting affidavit.
  • Your application must be supported by an affidavit that describes your grounds (reasons) for appeal.
  • Find out how to prepare an affidavit.

If the court accepts the filing of your application documents, the Service Bureau will inform you to return to collect the endorsed application issued by the court. This will contain the details of the hearing to decide whether to grant you permission to appeal.

2. Serve the documents on the respondent

You must serve the endorsed summons on the other party (the respondent). This means giving them a copy of the document in any of the following ways (according to Order 7, Rule 3 of the Rules of Court 2021):

• By leaving the document at or by posting it to
  • the person’s usual or last known address or the business address of the person’s solicitor; or
  • the entity’s registered or principal office, or if none exists, its last known place of business or its solicitor’s address.
• By electronic mail at the electronic mail address provided by the party to be served.
• By fax, under circumstances set out in Order 7, Rule 3(c) of the Rules of Court 2021.
• In any manner as may be agreed between the parties.
• In any manner as the court may direct.
• In any manner provided under written law

3. Collect and review the record of proceedings

You will receive a notice (via eLitigation, email or post) informing you that the record of proceedings is available for collection at the State Courts Service Hub. The record of proceedings include the court's grounds (reasons) for its decision.

Note: If no written grounds of decision are issued within 12 weeks after the date of filing of the notice of appeal, you must apply in writing to the Registrar to proceed with the appeal and for a copy of the record of proceedings.

You can collect the record of proceedings at the Service Hub (at Level 2 of the State Courts) after paying the prescribed fee.

After you file

Both you and the other party must attend the scheduled hearing.

If the court grants you permission, you may file and serve a Notice of Appeal within 14 days. 

If the court refuses to grant you permission, you may apply to the General Division of the High Court for leave within 14 days after the date of the refusal. You need to file an Originating Application via eLitigation.

If the decision was made by a State Courts district judge or magistrate on an application, file an appeal under Order 18 (Division 3) of the Rules of Court 2021.

Key facts

Refer to the following on how to appeal under Order 18 (Division 3) of the Rules of Court 2021. 

The party who files the appeal is the appellant. The other party is the respondent.

Estimated fees

The estimated fees include:

Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.

How to file

You may choose to file personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.

If you are representing yourself, visit the LawNet & CrimsonLogic Service Bureau to file the Notice of Appeal (Form 35 to Appendix A2 of the State Courts Practice Directions 2021) via eLitigation. You will need to pay the filing fees.

If the court accepts your application documents, the Service Bureau will inform you to return to collect the Notice of Appeal issued by the court.

Parties to the appeal must file and serve on all parties who have an interest in the appeal written submissions (including any bundle of authorities) on why the District Judge’s or Magistrate’s decision is to be upheld, set aside or varied, in accordance with the timelines prescribed in O 18 r 21(5)  . The written submissions must include submissions on the appropriate cost orders to be made in the appeal.

The written submissions are limited to 35 pages. The General Division of the High Court may allow this page limit to be exceeded in special circumstances. Written submissions exceeding the page limit may be subject to additional fees. You may apply for a waiver, refund, deferment or apportionment of such fees to the General Division of the High Court.

Security for costs

If the decision was made by a State Courts district judge or magistrate after trial, file an appeal under Order 19 (Division 1) of the Rules of Court 2021.

Key facts

Refer to the following on how to appeal under Order 19 (Division 1) of the Rules of Court 2021.

The party who files the appeal is the appellant. The other party is the respondent.

Estimated fees

The estimated fees include:

Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.

How to file

You may choose to file personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.

If you are representing yourself, follow these steps to appeal. 

1. Provide security for costs

Security for costs

You must provide security for the respondent’s costs of the appeal and file a certificate for security for costs in Form 36 to Appendix A2 of the State Courts Practice Directions 2021 at the time the notice of appeal is filed.

The security must be:

a. in the form of a solicitor’s undertaking in Form 37 to Appendix A2 of the State Courts Practice Directions 2021which must be filed and served on the respondent;

b. deposited in the Registry or with the Accountant-General; or

c. in any other form acceptable to the parties.

The security must be provided in the following amounts:

a. $3,000 for an appeal against a decision in a Magistrate’s Court action;

b. $5,000 for an appeal against a decision in a District Court action.

Any party may apply to the appellate Court to vary or waive the amount of security for costs to be provided.

If you decide to deposit the security for costs with the Accountant-General’s Department, you may wish to refer these steps (see paragraph 22 of the State Courts Practice Directions):

• Visit the LawNet & CrimsonLogic Service Bureau. File a Direction to Accountant-General for Payment In via eLitigation under the case you are appealing against.
• After the court accepts your document, you need to email a copy of the accepted Direction to Accountant-General for Payment In to VITAL_FS_Receivable@vital.gov.sg
• VITAL will advise on the submission of the security deposit. E-payments are strongly encouraged. Please expect a processing time of 1 clear working day for the security deposit submission

Note: You will receive a receipt for the deposit. You will need to submit a copy of this receipt when filing the appeal.

2. File and serve the Notice of Appeal via eLitigation

Visit the LawNet & CrimsonLogic Service Bureau to file a Notice of Appeal (Form 35 to Appendix A2 of the State Courts Practice Directions 2021).If the court accepts the filing of your application documents, the Service Bureau will inform you to return to collect the Notice of Appeal issued by the court.

You must serve the Notice of Appeal issued by the court on the other party (the respondent). This means giving them a copy of the document in any of the following ways (according to Order 7, Rule 3 of the Rules of Court 2021): 

• By leaving the document at or by posting it to:
  • the person’s usual or last known address or the business address of the person’s solicitor; or
  • the entity’s registered or principal office, or if none exists, its last known place of business or its solicitor’s address.
• By electronic mail at the electronic mail address provided by the party to be served.
• By fax, under circumstances set out in Order 7, Rule 3(c) of the Rules of Court 2021.
• In any manner as may be agreed between the parties.
• In any manner as the court may direct.
• In any manner provided under written law.

3. Collect and review the record of proceedings

You will receive a notice (via eLitigation, email or post) informing you that the record of proceedings is available for collection at the State Courts Service Hub. The record of proceedings include the court's grounds (reasons) for its decision.

Note: If no written grounds of decision are issued within 12 weeks after the date of filing of the notice of appeal, you must apply in writing to the Registrar to proceed with the appeal and for a copy of the record of proceedings.

You can collect the record of proceedings at the Service Hub (at Level 2 of the State Courts) after paying the prescribed fee.

4. File the record of appeal and Appellant’s Case via eLitigation

Within 28 days after date on which the Registry notifies parties that the record of proceedings is available, you must file and serve:

a. the record of appeal;

b. the Appellant’s Case;

c. the Appellant’s core bundle of documents, with the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court in a separate volume; and

d. the Appellant’s bundle of authorities.

If you fail to do the above within the specified time, the appeal is deemed withdrawn unless the appellate Court otherwise orders.

The Appellant's Case must contain the following:

a. a succinct summary of the facts, the decision of the lower Court, contentions to be made at the appeal and the orders sought from the General Division of the High Court;

b. detailed submissions on the facts and the legal issues, including the relevant authorities, highlighting any new points not raised in the lower Court;

c. references in the right-hand margin to the relevant pages in the record of appeal and the Appellant’s core bundle of documents;

d. submissions on the appropriate costs orders to be made on appeal;

e. submissions on the amount of costs and disbursements that should be awarded in respect of all parties to the appeal;

f. the name and signature of the Appellant’s solicitor.

Within 14 days after the Respondent’s Case is served on you, you must file and serve:

a. the Appellant’s Reply (if any);

b. the second core bundle (if necessary); and

c. the Appellant’s second bundle of authorities (if any).

To proceed with the appeal, you should file the record of appeal, Appellant's Case and a bundle of authorities via eLitigation.

The Appellant’s Reply (if any) must contain the following:

a. the Appellant’s detailed submissions in reply to the respondent’s submissions;

b. references in the right-hand margin to the relevant pages in the record of appeal, the Appellant’s core bundle of documents, the respondent’s core bundle of documents (if any), and the second core bundle (if any);

c. the name and signature of the Appellant’s solicitor.

Note: The Appellant’s Case, the Respondent’s Case and the Appellant’s Reply (if any) are subject to the following page limits, unless the General Division of the High Court otherwise orders:

a. Appellant’s Case — 35 pages;

b. Respondent’s Case — 35 pages;

c. Appellant’s Reply — 20 pages.

The Appellant’s core bundle of documents (excluding the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court), the Respondent’s core bundle of documents and the second core bundle are subject to the following page limits, unless the General Division of the High Court otherwise orders:

a. Appellant’s core bundle of documents (excluding the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court) — 55 pages;

b. Respondent’s core bundle of documents — 35 pages;

c. Second core bundle — 25 pages.

• Section 21 of the Supreme Court Judicature Act.
• Order 18 (Division 3) and Order 19 (Division 2) of the Rules of Court 2021.
• Fourth Schedule of the Rules of Court 2021.

• Paragraph 22 of the State Courts Practice Directions 2021 on payment into and out of court.

At any time before the appeal is heard or dealt with, you may file and serve on the parties to the appeal a notice of withdrawal in Form 34 to Appendix A2 of the State Courts Practice Directions 2021 stating that you do not intend to proceed with the appeal.

Upon the filing of Form 34, and if there are no outstanding issues relating to costs or other matters, the appeal is deemed withdrawn, and if all the parties consent to the withdrawal of the appeal, you must file a document signifying such consent through eLitigation. This document must be signed by the parties or their lawyers. In such event, the security for costs would be returned to you.

If there are any such outstanding issues relating to costs or other matters and the parties do not consent to the intended withdrawal of the appeal, you may request in writing to the appellate Court for directions on those issues. No oral arguments are to be made unless the appellate Court otherwise directs. The Registrar may, upon receiving such a request, remove the appeal from the list of appeals and give directions on the making of written submissions for the request, for the court to issue orders or directions on any issue as to costs or otherwise that remains outstanding between parties to the appeal.

For more information, refer to Order 18 Rule 12 and Order 19 Rules 10 and 17 of the Rules of Court 2021.

If costs have been awarded in your favour, the deposit will be returned to you.

If costs have been awarded against you, the deposit will be utilised to satisfy costs that have been awarded against you and the balance (if any) will be returned to you.

If the decision was made on an application

You must file and serve on all parties who have an interest in the appeal written submissions (including any bundle of authorities) on why the District Judge’s or Magistrate’s decision is to be upheld, set aside or varied in accordance with the timelines prescribed in Order 18 Rule 21(5).

If the decision was made after trial

After that, you will receive the record of appeal, the Appellant's Case and the appellant’s core bundle of documents.

You will need to file and serve the Respondent's Case, the Respondent’s core bundle of documents (if necessary) and the Respondent’s bundle of authorities within 28 days after the Appellant serves the abovementioned documents on you (Refer to Order 19 Rule 17(8) of the Rules of Court 2021 for more information.)

If you fail to file and serve the Respondent’s case within the specified time, you will not be allowed to make submissions at the hearing of the appeal unless the appellate Court otherwise orders.

The Respondent's Case must contain:

a. succinct summary of the contentions to be made at the appeal and the orders sought from the General Division of the High Court;

b. detailed submissions on the facts and the legal issues, including the relevant authorities, highlighting any new points not raised in the lower Court;

c. references in the right-hand margin to the relevant pages in the record of appeal and the Respondent’s core bundle of documents (if any);

d. if the Respondent intends to submit that —

(i) the lower Court’s decision should be varied should the appeal be wholly or partially allowed where the Respondent has not appealed against the decision of the lower Court; or

(ii) the lower Court’s decision should be affirmed on grounds other than those relied upon by that Court, the Respondent must state so in the Respondent’s Case and set out the reasons for the Respondent’s submissions;

e. submissions on the appropriate costs orders to be made on appeal;

f. submissions on the amount of costs and disbursements that should be awarded in respect of all parties to the appeal;

g. the name and signature of the respondent’s solicitor.

The Respondent’s Case is limited to 35 pages. The Respondent’s core bundle of documents is limited to 35 pages. The General Division of the High Court may allow the page limit to be exceeded in special circumstances and unless the court otherwise orders, upon the payment of the fees and additional fees prescribed for the filing of pages in excess of the page limit.

If you are not represented by a lawyer, visit theLawNet & CrimsonLogic Service Bureau to file the Respondent's Case. The estimated fee is $600. (This does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.)

You will have to serve the documents on the other parties. This means giving them a copy of the document in any of the following ways (according to Order 7 Rule 3(c) of the Rules of Court 2021): 

• By leaving the document at or by posting it to:
  • the person’s usual or last known address or the business address of the person’s solicitor; or
  • the entity’s registered or principal office, or if none exists, its last known place of business or its solicitor’s address
• By electronic mail at the electronic mail address provided by the party to be served.
• By fax, under circumstances set out in Order 7 Rule 3(c) of the Rules of Court 2021. 
• In any manner as may be agreed between the parties.
• In any manner as the court may direct.
• In any manner provided under written law.
  

The General Division of the High Court will inform you of the appeal hearing date. You must attend the hearing.