Popular keywords
Alert-2 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.

Refer to Respond to a civil claim made by an originating claim (simplified civil process) instead if either of the following applies to your case:

  • Civil cases begun by OC and heard in the Magistrate's Court.
  • Civil cases begun by OC and heard in the District Court where all parties consent to the application of the simplified civil process.

Before you respond

Before you respond to an OC, make sure you:

You may choose to file the documents 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, you must file the documents through eLitigation at the LawNet and CrimsonLogic Service Bureau.

You must follow the Rules of Court 2021 and the State Court Practice Directions 2021 or the Supreme Court Practice Directions 2021 to prepare your documents before heading down personally to do the filing.

Ways to respond

You can respond to an OC in the following ways.

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.

    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

    $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 permission of court must be made by summons without notice prepared in accordance with Form 22 of Appendix A of the Supreme Court Practice Directions 2021 or Form 22 of Appendix A2 of the State Courts Practice Direction 2021, supported by an affidavit stating:

    • 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:

    Note
    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.

    Find out more

    Resources

    Refer to:
    Refer to:
    Alert-2 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.

    Go to Step-by-step guide

    Step-by-step guide

    2022/04/05

    Share this page:
    Facebook
    Twitter
    Email
    Print