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How to respond to an originating claim (from 1 April 2022)
Find out the different ways you can respond if you have been served an originating claim.
Note
This page is for matters that the Rules of Court 2021 apply to. For content relating to matters that the Rules of Court 2014 apply, click here.
If you are uncertain as to which version of the Rules of Court applies to your matter, click here.
Note
This page describes the process for civil cases begun by an originating claim (OC) and heard in the District Court or the General Division of the High Court.
The party who filed the claim against you is the claimant.
You are the defendant.
Note
It is important to respond to an OC.
Refusing to acknowledge service of an OC by the claimant does not make the service of the OC on you invalid. It also does not prevent the claimant from proceeding further with the case against you.
If you do not wish to contest the claim, you may contact the claimant or their lawyer immediately to try and negotiate a settlement.
This will minimise the legal costs you will have to pay in comparison to if you contest the claim.
Alternatively, you may serve on the claimant an offer of amicable resolution set out in Order 5 of the Rules of Court 2021. You should not file an offer of amicable resolution in court. See the ADR Offer in Form B4 of Appendix B of the Supreme Court Practice Directions 2021. The party in receipt is to respond by filing and serving the Response to ADR Offer in Form B5 of Appendix B of the Supreme Court Practice Directions 2021.
If you wish to contest the claim (also known as to defend a claim), you must:
File and send the claimant or their lawyers (if any) a notice of intention to contest or not contest as set out in Order 6 of the Rules of Court 2021 within 14 days after the statement of claim is served on you (if you are located in Singapore), or within 21 days after the statement of claim is served on you (if you are located outside of Singapore). See Form 10 of Appendix A of the Supreme Court Practice Directions 2021 and Form 10 of Appendix A2 of the State Courts Practice Directions 2021.
File and serve a pleading called a defence on the claimant within 21 days after the statement of claim is served on you (if you are located in Singapore), or within 5 weeks after the statement of claim is served on you (if you are located outside of Singapore).
If you have a claim against the claimant, you should file and serve a defence and counterclaim instead.
If you choose not to respond
It is important to respond to an OC if you wish to contest the claim. The claimant may file a request with the court to enter a default judgement against you if you do not:
File and send a copy of the notice of intention to contest or not contest within the time limit.
File and serve a copy of your defence (or defence and counterclaim) within the time limit.
Estimated fees
Refer to the following to find out the possible fees to file the documents. You may also refer to the Fourth Schedule of the Rules of Court 2021 for the full list of court fees.
File a notice of intention to contest or not contest
$20
File a defence
$20
File a counterclaim
$20
Refer to the following for the filing fees if your claim is up to $1 million. In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item
Fees
File a notice of intention to contest or not contest
$100
File a defence
$200
File a counterclaim
$200
Refer to the following for the filing fees if your claim is more than $1 million. In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item
Fees
File a notice of intention to contest or not contest
$200
File a defence
$500
File a counterclaim
$500
Third-party proceedings
You, as the defendant, may apply to the court to add a person as a third party to a civil action after you have filed the notice of intention to contest or not contest if any of the following applies:
You claim that the person who is not already a party to the action should be made to indemnify you or contribute towards the claimant’s claim.
You claim against such a person any relief or remedy relating to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the claimant.
You require that any question or issue relating to or connected with the original subject matter of the action should be determined not only as between the claimant and you but also as between either or both and person not already a party to the action.
This is known as a third-party proceeding. In third-party proceedings, you will be known as the claimant and the third party will be known as the defendant.
Apply for permission of court
You will need to apply for permission of court before issuing a notice on the third party (third party notice).
Note
You do not need to apply for permission if the action was begun by OC and you issue the third party notice before serving your defence on the claimant.
The nature of the claim made by the original claimant in the action.
The stage which proceedings in the action have reached.
The nature of your claim or particulars of the question or issue required to be determined and the facts on which your proposed third party notice is based.
The name and address of the person to be issued the third party notice.
If the court grants permission, you can then issue a third party notice prepared according to:
The order granting permission to issue a third party notice may contain directions as to the period by which you must issue the notice.
Need help?
The information here is for general guidance as
the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
