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Start a civil claim by originating claim (from 1 April 2022)
About originating claims
A civil action begins when a party (the claimant) files a claim document called an originating process against another party (the defendant).
An originating claim (OC) is the most common example of an originating process. It is a formal document addressed to the defendant which serves to notify them of the proceedings.
You should file an OC if your civil action involves material disputes of fact. These may include, but are not limited to:
- Contract actions
- Examples include claims for damages resulting from a breach of contractual terms and obligations.
- Tort actions
- Examples include claims for damages in respect of property damage resulting from road accidents and negligence, or claims for damages resulting from fraud and defamation.
- Personal injury actions
- Examples include claims for damages in respect of personal injury or death resulting from road and industrial accidents or negligence.
- Intellectual property actions
- Examples include claims for damages resulting from the infringement of copyright, trademark or patent.
- Admiralty and shipping actions.
You should file an OC for your civil action within the time limits from the date of the event that creates your cause of action as prescribed by law. A cause of action is the set of facts that entitles you to start a court action against another party.
Refer to the following for examples of civil actions and their respective time limits. Please note that the list serves as a general guide and is non-exhaustive. You may also refer to the Limitation Act for more information such as the date from which the time limit will commence.
If you are starting a... | You should file... |
|---|---|
Contract action | Within 6 years. |
Tort action | Within 6 years. |
Personal injury action | Within 3 years. |
Recovery of land and rent action | Within 12 years. |
About the civil process begun by OC
If you are the claimant, the amount you are intending to claim from the other party will determine which court you should file your OC in.
This section describes the civil process for the following cases:
- Civil cases heard in the District Court begun by OC.
- The District Court hears claim sums up to $250,000, or up to $500,000 for road traffic accident claims or claims for personal injuries arising out of industrial accidents, when they are transferred from the High Court.
- Civil cases heard in the General Division of the High Court begun by OC.
- The General Division of the High Court hears claim sums exceeding $250,000 or, in the case of road traffic accident claims or claims for personal injuries arising out of industrial accidents, exceeds $500,000.
- The General Division of the High Court hears claim sums exceeding $250,000 or, in the case of road traffic accident claims or claims for personal injuries arising out of industrial accidents, exceeds $500,000.
Note
Refer to Start a civil claim by originating claim (simplified civil process) if either of the following applies to your case:
- Civil cases heard in the Magistrate's Court begun by OC.
- Civil cases heard in the District Court begun by OC and if all parties consent to the application of the simplified civil process.
Civil process (originating claim) step-by-step
Refer to the following to find out about the civil process begun by OC.
Start a civil claim
File an originating process and pleadings
If you are the claimant, a civil action starts when you file and serve an OC together with a written statement of facts about your claim on the defendant.
Start a civil claim
File a request for a default judgment, if needed
You may enter a default judgment against the defendant if you have filed a memorandum of service and either situation arises:
(a) the defendant does not respond to your OC by filing a notice of intention to contest or not contest within 14 days from receiving the OC where it is received in Singapore, or within 21 days where it is received outside Singapore; or
(b) the defendant states in the notice of intention to contest or not contest that the defendant does not intend to contest all or some of the claims.
You may also enter a default judgment if the defendant does not file a defence within 21 days of receiving the statement of claim where it is received in Singapore, or within 5 weeks where it is received outside Singapore.
After the closing of pleadings
Prepare the case for trial
The most common step after the close of pleadings is the production and exchange of documents. At the production of documents stage, parties are expected to produce to each other documentary evidence. The court may also order the parties to file the affidavits of evidence-in-chief of all or some of the witnesses before the production of documents.
The court may direct parties to attend a case conference relating to the matters arising in the action or proceedings.
After the closing of pleadings
File an interlocutory application, if needed
In further preparation of a case for trial, either party may also file interlocutory applications with the court. This is done by filing a summons, which should usually be supported by an affidavit. As far as possible, the court will order a single application pending trial (SAPT) to be made by each of the parties.
After the closing of pleadings
Set down the action for trial
Once all pre-trial matters have been dealt with, you must set the case down for trial to inform the court that you and the defendant are ready to fix the trial dates.
After the trial dates are fixed
Attend court for trial
Both you and the defendant, and your lawyers (if any) will take turns to present their case to the judge during a civil trial.
After a judgment is made
File an appeal or enforce judgment or order, if needed
If you are not satisfied with the court's judgment or decision after the trial, you may file an appeal.
You may also take steps to enforce an order or judgment if the defendant does not comply with it.
After a judgment is made
Attend court for post-trial matters
The court will decide the amount of costs and disbursements as may be payable between parties after court proceedings conclude.
2022/05/24
Resources
Refer to:
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 III of the State Courts Practice Directions for originating processes and documents.
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