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Start a civil claim (originating application) (from 1 April 2022)
What is an originating application
A civil action begins when a party (the claimant) files a claim document called an originating process against another party (the defendant). This document can either be an originating claim (OC) or originating application (OA).
You should file an OA for your civil claim if it is required by law or concerns matters of law where the material facts are not in dispute.
Jurisdiction of the courts
If you are the claimant, the amount you are intending to claim from the other party will determine which court you should file your OA in.
Refer to the following to find out the jurisdiction of the courts based on claim amounts.
If the value of your claim is... | Your case should be filed in the... |
|---|---|
Lower than $60,000 | Magistrate's Court. |
| District Court. |
| General Division of the High Court. |
Key facts
Refer to the following to find out how to file and serve an OA.
When to serve |
|
How to file | Through eLitigation. |
What you will need
You will have to prepare the following before you file:
- (If one or more parties are being served with the application) The OA in accordance with Form 15 of Appendix A of the Supreme Court Practice Directions 2021 and Form 15 of Appendix A of the State Courts Practice Directions 2021.
- (If no other party is being served with the application) The OA (without notice) in accordance with Form 16 of Appendix A of the Supreme Court Practice Directions 2021 and Form 16 of Appendix A of the State Courts Practice Directions 2021.
- An affidavit supporting the claims made in the OS.
- Find out how to prepare an affidavit.
All OAs must include either of the following prayers:
- A statement of the questions on which you seek the determination or direction of the court.
- A concise statement of the relief or remedy you are claiming for with sufficient details to identify the causes of action in respect of the relief or remedy which is being claimed.
Estimated fees
Refer to the following to find out the possible fees for filing 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 or service | Fees |
|---|---|
File an OA | $100 |
File an affidavit | $1 per page, subject to a minimum fee of $10 per affidavit |
Serving an OA on the defendant |
|
In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | Fees |
|---|---|
File an OA | $150 |
File an affidavit | $1 per page, subject to a minimum fee of $10 per affidavit |
Serving an OA on the defendant |
|
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 or service | Fees |
|---|---|
File an OA | $500 |
File an affidavit | $2 per page, subject to a minimum fee of $50 per affidavit |
Serving an OA on the defendant |
|
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 or service | Fees |
|---|---|
File an OA | $1,000 |
File an affidavit | $2 per page, subject to a minimum fee of $50 per affidavit |
Serving an OA on the defendant |
|
How to file and serve
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 Courts Practice Directions 2021 or the Supreme Court Practice Directions 2021 to prepare your documents before heading down personally to do the filing.
Refer to the following steps to file and serve your OA.
Step | Result |
|---|---|
The respective court accepts or rejects your OA application. | |
You will receive a copy of the sealed OA via eLitigation. | |
| 3. Serve OA on the defendant
| The defendant is notified of your claim. |
| (If applicable) 4. File and serve an affidavit
| The defendant is notified of the evidence you are relying on for your claim. |
You will have to file your OA via eLitigation at the LawNet & CrimsonLogic Service Bureau. Your OA will then be submitted to the respective court for review.
The LawNet & CrimsonLogic Service Bureau will notify you via email or SMS of the outcome of your submission.
If the court accepts your OA, a copy of the approved OA containing the respective court's seal and registrar's signature will be issued via eLitigation.
You will have to collect the approved OA from the LawNet & CrimsonLogic Service Bureau and arrange for it to be served on the defendant.
After the sealed OA has been issued by the court, it has to be served personally on the defendant as soon as possible, no later than 3 months from the date the OA is issued if the defendant is located in Singapore.
Reasonable steps must be taken to serve the OA expeditiously. Where the OA is to be served in Singapore, reasonable steps to serve the defendant should be taken within 14 days after the OA is issued. Where the OA is to be served outside of Singapore (out of jurisdiction), reasonable steps should be taken within 28 days.
Refer to How to serve court documents to find out the process of serving documents out of jurisdiction.
Note
In general, personal service of a document means that a sealed copy of the OA is personally delivered to the defendant. If the defendant is a body corporate, the OA should be delivered to their registered address.
If you do not serve the OA within these time periods, you will have to apply to renew the OA. If successful, the court may renew the OA for up to 3 months. Except in a special case, the Court may extend the validity of the OA only twice and by not more than 3 months each time.
Who can serve
Personal service may be effected by a litigant who is not represented by a lawyer or by such a litigant’s employee.
The following persons may also provide personal service of the originating application:
- A lawyer or a lawyer’s employee.
- A process server of the court, who will only be assigned if there are special reasons that require the personal service to be carried out by a court process server.
- You will first have to file an “Other Hearing Related Request” through eLitigation at the LawNet & CrimsonLogic Service Bureau. The request must set out the special reasons for requiring a court process server.
- If the request is approved, you will have to fill in a form and pay the necessary fees at the State Courts Service Hub (for District Court and Magistrate’s Court cases) or Supreme Court Service Hub (for General Division of the High Court cases) before making an appointment for the court process server to serve your documents.
- On the appointed date of service, you will have to accompany the court process server as well as arrange for transport and pay the required transport charges (if applicable) for the court process server.
- Any other person that the registrar may allow in a particular case or generally.
If personal service is unsuccessful
You may apply for substituted service if 2 reasonable attempts at personal service have been unsuccessful. Substituted service is subject to the court's approval.
Your application must be made by a summons supported by an affidavit.
In your affidavit, you should include:
- Your proposed mode of substituted service.
- The reasons why it is impracticable to effect personal service.
- The reasons why you believe the attempts at personal service made were reasonable.
- The reasons why you believe your proposed mode of substituted service will be effective in bringing the OA to the notice of the defendant.
Modes of substituted service of the OA include (but are not limited to):
- Posting it on the door or gate of the defendant’s home or place of business.
- Sending it by registered mail to the defendant's last known residential or registered address.
- Sending it by mail or internet transmission.
Unless otherwise provided by the law, if you intend to adduce (offer) evidence in support of the OA you have filed, you must file an affidavit and serve a copy on the defendant at the same time when you serve the OA.
The defendant may also choose to adduce evidence with reference to the OA served on them. They can do so by filing an affidavit and serving a copy on you within 21 days after being served with the OA and a copy of your affidavit (if the defendant was served in Singapore), or within 5 weeks after being served with the OA and a copy of your affidavit (if the defendant was served out of Singapore).
After you file
Refer to the following to find out what happens after you file an OA or an OA without notice.
If you filed an OA without notice, your application will be scheduled for a hearing before the court. If the court is satisfied that your application is in order and all other requirements have been complied with, the court may make an order in terms of what you applied for.
You will be notified of the outcome of your application via email or SMS. If your application is successful, you will have to collect the sealed OA at the LawNet & CrimsonLogic Service Bureau.
If you have filed an OA, you will be notified of the outcome of your application via email or SMS. If your application has been accepted, you will have to collect the sealed OA at the LawNet & CrimsonLogic Service Bureau and arrange for service of the sealed OA on the other party.
You and the defendant must attend court for an OA hearing on the time and date stated in the OA. It is during the hearing that the court may make the order you applied for.
At your OA hearing
After hearing the arguments from the parties or their lawyers (if any) and assessing all the facts and evidence in the documents that have been filed, the court may then make any of the following orders:
- Make an order in your favour.
- Make an order to dismiss the matter.
- Adjourn the hearing to a later date.
- Ask for further evidence to be filed or for witnesses to be cross-examined.
- Make an order for the matter to proceed to trial.
- Make an order for the proceedings to continue as if the case was begun by an originating claim (OC).
- The court may decide to convert an OA into a OC if there are substantial disputes in the claim. If the OA is converted into an OC, the steps relating to an OC will apply.
Note
If the defendant alleges that they have any claim or is entitled to any relief or remedy against you in respect to the OA, they may inform the court of their intention to make a counterclaim during the OA hearing.
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 moreResources
Legislation associated with this topic include:
Refer to:
- For Supreme Court: Part 8 of the Supreme Court Practice Directions 2021 for originating processes and documents.
- For State Courts: Part II of the State Courts Practice Directions for originating processes and documents.
Related questions
Either the claimant or defendant can file an application via eLitigation to convert an OA into an OC at any stage of proceedings.
Once the decision to convert has been made, the steps relating to an OC applies.
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