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A.  Introduction

1. An overview on case management and a general introduction to the concept of case conferences under the new Rules of Court (“ROC 2021”) has been provided in Digest 2A. As mentioned, one of the key recommendations by the Civil Justice Commission and the Civil Justice Review Committee was to enhance judicial control over the process of civil litigation and provide for flexibility in the management of cases. The Court will order parties to focus on key issues and provide case management directions to fit individual cases, instead of leaving it to parties to determine the pace of the proceedings. The Judges and Registrars will have the autonomy and flexibility to manage the cases. The intent is to enhance efficiency and speed of adjudication and maintain costs at reasonable levels.(1)   

2. The new ROC 2021 therefore envisage that there will continue to be active case management(2) of each case throughout its life cycle once the claim is filed, and for the Court to give case management directions for the proceedings during the Case Conferences. 

3. This digest aims to provide details on case management processes specific to civil cases in the State Courts. 

4. The over-arching Ideals and powers stated in the ROC 2021 and Digests 1 and 2A will similarly apply in the conduct of Case Conferences in the State Courts. Under ROC 2021, the Ideals are what the Court must seek to achieve when making orders or giving directions. All parties have the duty to assist the Court and to conduct their cases in a manner which will help to achieve the Ideals.(3)

5. There are five Ideals which ROC 2021 seeks to achieve, namely:(4)

(a) fair access to justice;

(b) expeditious proceedings;

(c) cost-effective work proportionate to —

(i) the nature and importance of the action;

(ii) the complexity of the claim as well as the difficulty or novelty of the issues and questions it raises; and

(iii) the amount or value of the claim;

(d) efficient use of court resources; and

(e) fair and practical results suited to the needs of the parties.

6. The Ideals are also invoked to guide the Court’s exercise of certain powers. 

(a) Where there is no rule governing a matter, what the Court does must be consistent with the Ideals. In exercising any power, the Court may impose any condition or give such directions that are appropriate.(5) 

(b) Where there is non-compliance with any rule, any practice directions or any order or direction by the Court, the Court may dismiss, stay or set aside the proceedings, and give an appropriate judgment or order, even though the non-compliance could be compensated by costs, if the non-compliance is inconsistent in a material way with any of the Ideals.(6)

7. Generally, Case Conferences at the State Courts will be conducted by Deputy Registrars, who may also refer any matter to a District Judge.

8. A Case Conference will be fixed for all Originating Claims around 7 weeks after a Defence has been filed in the action.  However, the Court retains the discretion to convene a Case Conference earlier or later as it deems necessary.

9. Once a Case Conference has been fixed, a notice will be sent to the claimant and any other party who has filed a notice of intention to contest or not contest and/or a Defence, informing them of the date of the Case Conference.  The notice will also state which of the following four case management frameworks applies to the proceeding:

(a) Specially Managed Civil List (“SMCL”);

(b) Simplified Process pursuant to Order 65 of ROC 2021 ("Simplified Process");

(c) Court Dispute Resolution (“CDR”) process; or

(d) General Process.

10. The SMCL framework will apply to more complex and/or high value cases which have been identified in accordance with the State Courts Practice Directions(7) as cases that would benefit from a dedicated and rigorous pre-trial management process designed to bring about expeditious resolution. These cases will be tracked by a docketed team of judicial officers who will deal with all the pre-trial applications and give directions to facilitate the timely disposal of the dispute. The flowchart applicable to the SMCL framework can be found at Annex A.

11. For lower value claims, the Simplified Process framework will apply.(8)Pursuant to Order 65 of ROC 2021, Civil Simplified Case Conferences will be called for all Magistrate’s Court cases, save for non-injury motor accident claims, personal injury claims and medical negligence claims (which will fall under the CDR framework below). Where parties to a District Court case consent for Order 65 to apply to their proceedings, they can also avail themselves of the Simplified Process framework. At Civil Simplified Case Conferences, the Court will jointly consider with the parties all available options for resolving the case parties. Where a resolution cannot be reached the Court will make the necessary orders or directions as the Court deems fit, to either progress the matter to trial or an assessment of damages, as the case may be. The flowchart applicable to the Simplified Process framework can be found at Annex B.

12. For suits arising from non-injury motor accident claims (“NIMA”), personal injury claims (“PI”) and medical negligence claims, the CDR framework will apply. Parties to such suits will be called within 6 weeks of the filing of the notice of intention to contest the claim, to begin the CDR processes as specified under the State Courts Practice Directions. (9)For these cases, the initial Case Conferences will focus on the amicable resolution of disputes at the State Courts CDR Cluster. At the end of the CDR process, if parties do not reach a full and final settlement, a Case Conference will be called to issue orders and directions moving the matter towards either trial or an assessment of damages, as the case may be. The flowchart applicable to the CDR framework can be found at Annex C.

13. All Originating Claims filed in the District Courts on or after 1 April 2022 that are not subject to the SMCL, Simplified Process or CDR frameworks will be subject to the General Process framework.(10)The flowchart applicable to the General Process framework can be found at Annex D.

B.  New Case Management Documents

14. To assist parties in providing the information necessary for the court to issue orders or directions moving the matters towards trial or an assessment of damages (as the case may be), Checklists and Forms have been prepared to facilitate the conduct of Case Conferences at the State Courts. The relevant Checklists and Forms will be sent to parties, along with the notice informing them of the date on which their Case Conference will be held, so as to give parties sufficient time to complete and file the same at least 5 working days before any Case Conference. To assist parties:

(a) The Checklist for the SMCL framework can be found at Annex E.

(b) The Checklist for the Simplified Process framework can be found at Annex F.

(c) The Checklists and Forms for the CDR framework can be found at Annex G.

(d) The Checklists and Forms for the General Process framework can be found at Annex H.

Annex A

 

Annex B

Annex C

Annex D

 

 

 

Annex E

Specially Managed Civil List framework Checklist

Checklist for Case Conference (For SMCL Cases)

Case Number: DC________ of  ________               Date on which Form is filed : _______________

Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________

Date on which the Defence was served: ____________________________________________________

(Please check the options which apply and make the appropriate insertions/deletions)

  1. ADR: Please provide the following confirmation:
  2. Parties have completed and filed Form 6 of Appendix A1 to the State Courts Practice Directions – ADR Form.

  3. Applications: Please check the box(es) below that are relevant to your matter:
  4. The Claimant(s) wishes to obtain directions at the Case Conference (“CC”) for the filing of a Single Application pending Trial (“SAPT”) and affidavits.

    The Defendant(s) wishes to obtain directions at the CC for the filing of a SAPT and affidavits.

    [Note: If a party is filing a SAPT, parties need not submit the Timelines Form for this CC but should be prepared to submit on procedural timelines to the Court at the hearing of the SAPT]

    The Claimant(s) has/have completed and filed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____. Reasons:(1)  ____ Proposed timeline for filing: _____________.

    The Defendant(s) has/have completed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_________. Reasons:(2)  __________ Proposed timeline for filing: _____________.

    All parties do not need to file application(s) or a SAPT and have submitted the Timelines Form to obtain directions at the CC.

  5. Affidavits of Evidence in Chief (“AEICs”): Please check the box(es) below that are relevant to your matter:

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged before the exchange of documents.

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged after the exchange of documents. Please state reasons: ­­­_________________________ (For example: Experts need to refer to disclosed documents for the purposes of filing reports in this matter)

IMPORTANT NOTE:
Save where a SAPT is to be filed, parties are to file the Timelines Form in all other circumstances before the CC. Even if parties wish to proceed to ADR or file separate applications, the Court may nevertheless proceed to issue timelines and directions pending attempts to resolve the dispute through ADR, pending the determination of any separate application(s) or otherwise. Parties are however at liberty to propose longer timelines for the Court’s consideration in the Timelines Form with reasons stated therein.

 

TIMELINES FORM

Directions soughtClaimant’s positionDefendant’s position
Filing and exchange of List of Documents (“LOD”

[x] weeks from the Order

[x] weeks from the Order

Exchange of copies of all documents referred to in the LOD pursuant to Order 11, Rule 2[x] weeks from the Order[x] weeks from the Order
Number of witnesses

Claimant’s factual witnesses: __

Claimant’s expert witnesses: __

Defendant’s factual

witnesses: __

Defendant’s expert

witnesses: __

Filing and Exchange of Affidavit of Evidence-in-Chief (“AEIC”)

[x] weeks from the Order

AEICs of experts to be dispensed with

[Please check if applicable]

[x] weeks from the Order

AEICs of experts to be dispensed with

[Please check if applicable]
Filing of Objections to the contents of AEIC (“Objections”)[x] weeks from the filing and exchange of AEICs[x] weeks from the filing and exchange of AEICs
Set down for trial or filing of Notice of Appointment for Assessment of Damages[x] weeks from the filing of Objections[x] weeks from the filing of Objections
Number of days for trial/AD[x] days for first tranche[x] days for first tranche
Extraction of Order with names and capacity of witnesses[x] weeks from the Order[x] weeks from the Order
Costs[Costs reserved or costs in the cause][Costs reserved or costs in the cause]

Note: Parties may: (a) include the reasons for their proposed timelines, where required, in the table above; and (b) modify the table above for the purposes of including the position(s) of additional parties in the action.

 

Annex F

Simplified Process framework Checklist

CHECKLIST FOR CASE CONFERENCE

(FOR ORDER 65 CASES)

Case details DC/MC* OC _____ / 202
 
Filing Party Claimant / Defendant *
 

* Delete where applicable.   

Please tick all the applicable boxes:

□       Parties have resolved the matter:

          □             Notice of discontinuance will be filed by [date].

          □             Terms of settlement will be recorded at the Case Conference (“CC”).

□       I have exchanged proposals with the Claimant / Defendant using Form 4 of Appendix A1 to the State Courts Practice Directions on a “without prejudice save as to costs” basis for the amicable resolution of the matter.

□       I have completed and filed Form 6 of Appendix A1 to the State Courts Practice Directions – ADR Form.

□      I have completed and filed Form 5 of Appendix A1 to the State Courts Practice Directions – List of Issues in Dispute and List of Witnesses.

□       I have filed the Bundle of Documents containing documents relevant to the issues in the case and which may be referred to at the CC. The Bundle of Documents does not include any without prejudice documents.

□       I intend to obtain directions for the filing of a Single Application Pending Trial at the first CC, dealing with the following matters:

1.        
2.        
3.        
4.        
5.        

___________________

Signature of filing party / filing party’s solicitor (if represented) *

Name:

Date:

 

Annex G

CDR framework Checklists and Forms for Magistrate’s Court Matters

Checklist for Case Conference (For Magistrate’s Court Cases falling within PD 38 to 41(1))

Case Number: DC________ of  ________               Date on which Form is filed : _______________

Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________

Date on which the Defence was served: 

(Please check the options which apply and make the appropriate insertions/deletions)

  1. Applications: Please check the box(es) below that are relevant to your matter:
  2. The Claimant(s) wishes to obtain directions at the Case Conference (“CC”) for the filing of a Single Application pending Trial (“SAPT”) and affidavits.

    The Defendant(s) wishes to obtain directions at the CC for the filing of a SAPT and affidavits.

    [Note: If a party is filing a SAPT, parties need not submit the Timelines Form for this CC but should be prepared to submit on procedural timelines to the Court at the hearing of the SAPT]

    The Claimant(s) has/have completed and filed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____ Reasons: (2) __________ Proposed timeline for filing: _____________.

    The Defendant(s) has/have completed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____ Reasons:(3)  _______Proposed timeline for filing: _____________.

    All parties do not need to file application(s) or  SAPT(s) and have submitted the Timelines Form to obtain directions at the CC.

  3. Experts: Please check the box below that is relevant to your matter.

    Parties will not be calling expert witnesses at trial.

    Parties will be calling expert witnesses at trial and have submitted the Single Joint Expert Form to obtain directions at the CC.

  4. Affidavits of Evidence in Chief (“AEICs”): Please check the box(es) below that are relevant to your matter:

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged before the exchange of documents.

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged after the exchange of documents. Please state reasons: ­­­_________________________ (For example: Experts need to refer to disclosed documents for the purposes of filing reports in this matter).

IMPORTANT NOTE:
Save where a SAPT is to be filed, parties are to file the Timelines Form in all other circumstances before the CC. Even if parties wish to file separate applications, the Court may nevertheless proceed to issue timelines and directions pending the determination of any separate application(s) or otherwise. Parties are however at liberty to propose longer timelines for the Court’s consideration in the Timelines Form with reasons stated therein. 

 

Checklist for Case Conference (For Magistrate’s Court Cases in the Assessment phase(4))

Case Number: MC________ of  ________               Date on which Form is filed : _______________

Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________

Date on which the Defence was served: ____________________________________________________

(Please check the options which apply and make the appropriate insertions/deletions)

1. Preliminaries: Please provide the confirmation below:

Parties confirm that an application under Order 15, Rule 15(4) of the Rules of Court 2021 has been filed.

2. Applications: Please check the box(es) below that are relevant to your matter:

The Claimant(s) wishes to obtain directions at the Case Conference (“CC”) for the filing of a Single Application pending Trial (“SAPT”) and affidavits.

The Defendant(s) wishes to obtain directions at the CC for the filing of a SAPT and affidavits.

[Note: If a party is filing a SAPT, parties need not submit the Timelines Form for this CC but should be prepared to submit on procedural timelines to the Court at the hearing of the SAPT]

The Claimant(s) has/have completed and filed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____ Reasons: (5) __________ Proposed timeline for filing: _____________.

The Defendant(s) has/have completed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____ Reasons:(6) _______Proposed timeline for filing: _____________.

All parties do not need to file application(s) or a SAPT and have submitted the Timelines Form to obtain directions at the CC.

3. Affidavits of Evidence in Chief (“AEICs”): Please check the box(es) below that are relevant to your matter:

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged before the exchange of documents.

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged after the exchange of documents. Please state reasons: ­­­_________________________ (For example: Experts need to refer to disclosed documents for the purposes of filing reports in this matter)

4. Experts: Please check the box below that is relevant to your matter:

Parties will not be calling expert witnesses at the Assessment.

Parties will be calling expert witnesses at the Assessment and have submitted the Single Joint Expert Form to obtain directions at the CC.

IMPORTANT NOTE: Save where a SAPT is to be filed, parties are to file the Timelines Form in all other circumstances before the CC. Even if parties wish to file separate applications, the Court may nevertheless proceed to issue timelines and directions pending the determination of any separate application(s) or otherwise. Parties are however at liberty to propose longer timelines for the Court’s consideration in the Timelines Form with reasons stated therein.


TIMELINES FORM

Directions soughtClaimant’s positionDefendant’s position
Filing and exchange of List of Documents (“LOD”) 

[x] weeks from the Order

[x] weeks from the Order

Exchange of copies of all documents referred to in the LOD pursuant to Order 11, Rule 2[x] weeks from the Order[x] weeks from the Order
Number of witnesses

Claimant’s factual witnesses: __

Claimant’s expert witnesses: __

Defendant’s factual

witnesses: __

Defendant’s expert

witnesses: __

Filing and Exchange of Affidavit of Evidence-in-Chief (“AEIC”)

[x] weeks from the Order

□ AEICs of experts to be dispensed with

[Please check if applicable]

[x] weeks from the Order

□ AEICs of experts to be dispensed with

[Please check if applicable]
Filing of Objections to the contents of AEIC (“Objections”)[x] weeks from the filing and exchange of AEICs[x] weeks from the filing and exchange of AEICs
Set down for trial or filing of Notice of Appointment for Assessment of Damages[x] weeks from the filing of Objections[x] weeks from the filing of Objections
Number of days for trial/AD[x] days for first tranche[x] days for first tranche
Extraction of Order with names and capacity of witnesses[x] weeks from the Order[x] weeks from the Order
Costs[Costs reserved or costs in the cause][Costs reserved or costs in the cause]


Single Joint Expert (“SJE”) Form

  1. What issue(s) would the proposed SJE(s) be giving evidence on?

    (For example: What injuries were suffered and/or caused by the accident or what property damage was suffered and/or caused by the accident)

    [Insert answer]

  2. What is the proposed SJE’(s) area of expertise?
    (For example: surveyor, accident reconstructionist, orthopedic specialist, general practitioner, neurologist)
    [Insert answer]
 Claimant’s nomineesDefendant’s nominees
Name and Company

[Name of Expert] of

[Name of Company]

[Name of Expert] of

[Name of Company]

[Name of Expert] of

[Name of Company]

[Name of Expert] of

[Name of Company]

Qualification/

Experience

[x] years in the field of [x]

[x] number of times the expert has given expert evidence on this subject matter

[Any other details]

[x] years in the field of [x]

[x] number of times the expert has given expert evidence on this subject matter

[Any other details

[x] years in the field of [x]

[x] number of times the expert has given expert evidence on this subject matter

[Any other details

[x] years in the field of [x]

[x] number of times the expert has given expert evidence on this subject matter

[Any other details]
Fees

Preparing report: [amount plus GST (where applicable)]

 

Attending trial/AD: [amount plus GST (where applicable)]

Preparing report: [amount plus GST (where applicable)]

 

Attending trial/AD: [amount plus GST (where applicable)]

Preparing report: [amount plus GST (where applicable)]

 

Attending trial/AD: [amount plus GST (where applicable)]

Preparing report: [amount plus GST (where applicable)]

 

Attending trial/AD: [amount plus GST (where applicable)]
Estimated time to prepare report[x] weeks[x] weeks[x] weeks[x] weeks
Other factors[For e.g. the nominee was the original workshop surveyor or treating doctor for [x] sessions and [x] period][For e.g. the nominee was the original workshop surveyor or treating doctor for [x] sessions and [x] period][For e.g. the nominee was the original workshop surveyor or treating doctor for [x] sessions and [x] period][For e.g. the nominee was the original workshop surveyor or treating doctor for [x] sessions and [x] period]
Reasons for objecting to the other party’s nominees[Respondent to insert reasons][Respondent to insert reasons][Respondent to insert reasons][Respondent to insert reasons]

Note: Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.

CDR Framework Checklists and Forms for District Court Matters

Checklist for Case Conference (For District Court Cases falling within PD 38 to 41(1))

Case Number: DC________ of  ________               Date on which Form is filed : _______________

Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________

Date on which the Defence was served: ____________________________________________________

(Please check the options which apply and make the appropriate insertions/deletions)

1. Applications: Please check the box(es) below that are relevant          to your matter:

The Claimant(s) wishes to obtain directions at the Case Conference (“CC”) for the filing of a Single Application pending Trial (“SAPT”) and affidavits.

The Defendant(s) wishes to obtain directions at the CC for the filing of a SAPT and affidavits.

[Note: If a party is filing a SAPT, parties need not submit the Timelines Form for this CC but should be prepared to submit on procedural timelines to the Court at the hearing of the SAPT]

The Claimant(s) has/have completed and filed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____ Reasons: (2) __________ Proposed timeline for filing: _____________.

The Defendant(s) has/have completed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____ Reasons:(3) _______ Proposed timeline for filing: _____________.

All parties do not need to file application(s) or a SAPT and have submitted the Timelines Form to obtain directions at the CC.

2. Affidavits of Evidence in Chief (“AEICs”): Please check the box(es) below that are relevant to your matter:

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged before the exchange of documents.

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged after the exchange of documents. Please state reasons: ­­­_________________________ (For example: Experts need to refer to disclosed documents for the purposes of filing reports in this matter)

IMPORTANT NOTE :

Save where a SAPT is to be filed, parties are to file the Timelines Form in all other circumstances before the CC. Even if parties wish to file separate applications, the Court may nevertheless proceed to issue timelines and directions pending the determination of any separate application(s) or otherwise. Parties are however at liberty to propose longer timelines for the Court’s consideration in the Timelines Form with reasons stated therein.

 

Checklist for Case Conference (For District Court Cases in the Assessment phase(4)

Case Number: DC________ of  ________               Date on which Form is filed : _______________

Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________

Date on which the Defence was served: ____________________________________________________

(Please check the options which apply and make the appropriate insertions/deletions)

1. Preliminaries: Please provide the confirmation below:

Parties confirm that an application under Order 15 Rule 15(4) of the Rules of Court has been filed.

2. Applications: Please check the box(es) below that are relevant to your matter:

The Claimant(s) wishes to obtain directions at the Case Conference (“CC”) for the filing of a Single Application pending Trial (“SAPT”) and affidavits.

The Defendant(s) wishes to obtain directions at the CC for the filing of a SAPT and affidavits.

[Note: If a party is filing a SAPT, parties need not submit the Timelines Form for this CC but should be prepared to submit on procedural timelines to the Court at the hearing of the SAPT]

The Claimant(s) has/have completed and filed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____ Reasons: (5) __________ Proposed timeline for filing: __________.

The Defendant(s) has/have completed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____ Reasons:(6) _______ Proposed timeline for filing: ____________.

All parties do not need to file application(s) or a SAPT and have submitted the Timelines Form to obtain directions at the CC.

3. Affidavits of Evidence in Chief (“AEICs”): Please check the box(es) below that are relevant to your matter:

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged before the exchange of documents.

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged after the exchange of documents. Please state reasons: ­­­_________________________ (For example: Experts need to refer to disclosed documents for the purposes of filing reports in this matter)

IMPORTANT NOTE: Save where a SAPT is to be filed, parties are to file the Timelines Form in all other circumstances before the CC. Even if parties wish to file separate applications, the Court may nevertheless proceed to issue timelines and directions pending the determination of any separate application(s) or otherwise. Parties are however at liberty to propose longer timelines for the Court’s consideration in the Timelines Form with reasons stated therein. 

 

TIMELINES FORM

Directions soughtClaimant’s positionDefendant’s position
Filing and exchange of List of Documents (“LOD”) 

[x] weeks from the Order

[x] weeks from the Order

Exchange of copies of all documents referred to in the LOD pursuant to Order 11, Rule 2[x] weeks from the Order[x] weeks from the Order
Number of witnesses

Claimant’s factual witnesses: __

Claimant’s expert witnesses: __

Defendant’s factual

witnesses: __

Defendant’s expert

witnesses: __

Filing and Exchange of Affidavit of Evidence-in-Chief (“AEIC”)

[x] weeks from the Order

□ AEICs of experts to be dispensed with

[Please check if applicable]

[x] weeks from the Order

□ AEICs of experts to be dispensed with

[Please check if applicable]
Filing of Objections to the contents of AEIC (“Objections”)[x] weeks from the filing and exchange of AEICs[x] weeks from the filing and exchange of AEICs
Set down for trial or filing of Notice of Appointment for Assessment of Damages[x] weeks from the filing of Objections[x] weeks from the filing of Objections
Number of days for trial/AD[x] days for first tranche[x] days for first tranche
Extraction of Order with names and capacity of witnesses[x] weeks from the Order[x] weeks from the Order
Costs[Costs reserved or costs in the cause][Costs reserved or costs in the cause]
Note: Parties may: (a) include the reasons for their proposed timelines, where required, in the table above; and (b) modify the table above for the purposes of including the position(s) of additional parties in the action.

Annex H

General Process framework Checklists and Forms

Checklist for Case Conference (For District Court Cases(1)

Case Number: DC________ of  ________               Date on which Form is filed : _______________

Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________

Date on which the Defence was served: ____________________________________________________

(Please check the options which apply and make the appropriate insertions/deletions)

1. ADR: Please provide the following confirmation:

Parties have completed and filed Form 6 of Appendix A1 to the State Courts Practice Directions – ADR Form.

2. Applications: Please check the box(es) below that are relevant to your matter:

The Claimant(s) wishes to obtain directions at the Case Conference (“CC”) for the filing of a Single Application pending Trial (“SAPT”) and affidavits.

The Defendant(s) wishes to obtain directions at the CC for the filing of a SAPT and affidavits.

[Note: If a party is filing a SAPT, parties need not submit the Timelines Form for this CC but should be prepared to submit on procedural timelines to the Court at the hearing of the SAPT]

The Claimant(s) has/have completed and filed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____ Reasons: (2)  __________ Proposed timeline for filing: _____________.

The Defendant(s) has/have completed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____ Reasons:(3)  _______Proposed timeline for filing: _____________.

All parties do not need to file application(s) or a SAPT and have submitted the Timelines Form to obtain directions at the CC.

3. Affidavits of Evidence in Chief (“AEICs”): Please check the box(es) below that are relevant to your matter:

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged before the exchange of documents.

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged after the exchange of documents. Please state reasons: ­­­_________________________ (For example: Experts need to refer to disclosed documents for the purposes of filing reports in this matter)

IMPORTANT NOTE:
Save where a SAPT is to be filed, parties are to file the Timelines Form in all other circumstances before the CC. Even if parties wish to proceed to ADR or file separate applications, the Court may nevertheless proceed to issue timelines and directions pending attempts to resolve the dispute through ADR, pending the determination of any separate application(s) or otherwise. Parties are however at liberty to propose longer timelines for the Court’s consideration in the Timelines Form with reasons stated therein.

 

Checklist for Case Conference (For District Court Cases in the Assessment phase(4)

Case Number: DC________ of  ________               Date on which Form is filed : _______________

Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________

Date on which the Defence was served: ____________________________________________________

(Please check the options which apply and make the appropriate insertions/deletions)

1. Preliminaries: Please provide the confirmation below:

Parties confirm that an application under Order 15, Rule 15(4) of the Rules of Court has been filed.

2. Applications: Please check the box(es) below that are relevant to your matter:

The Claimant(s) wishes to obtain directions at the Case Conference (“CC”) for the filing of a Single Application pending Trial (“SAPT”) and affidavits.

The Defendant(s) wishes to obtain directions at the CC for the filing of a SAPT and affidavits.

[Note: If a party is filing a SAPT, parties need not submit the Timelines Form for this CC but should be prepared to submit on procedural timelines to the Court at the hearing of the SAPT]

The Claimant(s) has/have completed and filed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____ Reasons: (5) __________ Proposed timeline for filing: __________.

The Defendant(s) has/have completed the Timelines Form and intends to take out the following application(s) separately from the SAPT (please specify):_____ Reasons:(6) _______Proposed timeline for filing: _____________.

All parties do not need to file application(s) or a SAPT and have submitted the Timelines Form to obtain directions at the CC.

3. Affidavits of Evidence in Chief (“AEICs”): Please check the box(es) below that are relevant to your matter:

The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged before the exchange of documents.

  The Claimant(s) and/or Defendant(s) would like AEICs to be filed and exchanged after the exchange of documents. Please state reasons: ­­­_________________________ (For example: Experts need to refer to disclosed documents for the purposes of filing reports in this matter)

IMPORTANT NOTE: Save where a SAPT is to be filed, parties are to file the Timelines Form in all other circumstances before the CC. Even if parties wish to file separate applications, the Court may nevertheless proceed to issue timelines and directions pending the determination of any separate application(s) or otherwise. Parties are however at liberty to propose longer timelines for the Court’s consideration in the Timelines Form with reasons stated therein.

 

TIMELINES FORM

Directions soughtClaimant’s positionDefendant’s position
Filing and exchange of List of Documents (“LOD”) 

[x] weeks from the Order

[x] weeks from the Order

Exchange of copies of all documents referred to in the LOD pursuant to Order 11, Rule 2[x] weeks from the Order[x] weeks from the Order
Number of witnesses

Claimant’s factual witnesses: __

Claimant’s expert witnesses: __

Defendant’s factual

witnesses: __

Defendant’s expert

witnesses: __

Filing and Exchange of Affidavit of Evidence-in-Chief (“AEIC”)

[x] weeks from the Order

□ AEICs of experts to be dispensed with

[Please check if applicable]

[x] weeks from the Order

□ AEICs of experts to be dispensed with

[Please check if applicable]
Filing of Objections to the contents of AEIC (“Objections”)[x] weeks from the filing and exchange of AEICs[x] weeks from the filing and exchange of AEICs
Set down for trial or filing of Notice of Appointment for Assessment of Damages[x] weeks from the filing of Objections[x] weeks from the filing of Objections
Number of days for trial/AD[x] days for first tranche[x] days for first tranche
Extraction of Order with names and capacity of witnesses[x] weeks from the Order[x] weeks from the Order
Costs[Costs reserved or costs in the cause][Costs reserved or costs in the cause]
Note: Parties may: (a) include the reasons for their proposed timelines, where required, in the table above; and (b) modify the table above for the purposes of including the position(s) of additional parties in the action.

*This Digest highlights certain key features and points of note, which are intended to assist court users in navigating the Rules of Court 2021 (“ROC 2021”), and serves to provide general information only. Reference should always be made to the relevant provisions in the ROC 2021, any applicable written law and practice directions, and any applicable guidance that may be found in case law. This, and the other digests, do not, in any way, affect the Court’s exercise of its discretion. The Court may, based on the circumstances of each case, depart from the digests. The digests are not intended to be, and should not be construed as, legal advice, and may be revised from time to time.

Footnotes

(1)Terms of Reference for the Civil Justice Commission, Opening of the Legal Year (5 January 2015); paragraph 1 of the Civil Justice Commission Report (29 December 2017). 

(2)“[Active] case management is a comprehensive system of management of the time and events in a law suit as it proceeds through the justice system, from initiation to resolution. The two essential components of [active] case management systems are the setting of a timetable for  pre-determined events and the supervision of the progress of the law suit through its timetable” (cited in Lord Woolf, Access to Justice: Interim Report to the Lord Chancellor on the civil justice system in England and Wales (June 1995), p 30). 

(3)Order 3, Rules 1(3) and (4) of ROC 2021. 

(4)Order 3, Rules 1(2) of ROC 2021.

(5)Order 3, Rules 2(2) and (3) of ROC 2021.

(6)Order 3, Rules 2(4) of ROC 2021.

(7)State Courts Practice Direction 35.

(8)State Courts Practice Direction 36.

(9)State Courts Practice Direction 38 to 41.

(10)State Courts Practice Direction 37.

Footnotes in Annex E

(1)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.

(2)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT. 

Footnotes in Annex G

(1)This Checklist applies to cases falling within State Courts PD 38 to 41 which have not reached a settlement at the CDR Cluster. Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.

(2)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.

(3)See above.

(4)This checklist applies to Magistrate’s Court cases where there is an interlocutory judgment in liability and where parties are presently seeking an assessment of damages  under Order 15, Rule 15 of the Rules of Court 2021. Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.

(5)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.

(6)See above.

Footnotes in CDR Framework Checklists and Forms for District Court Matters

(1)This checklist applies to cases falling within State Courts PD 38 to 41 which have not reached a settlement at the CDR Cluster. Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.

(2)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.

(3)See above.

(4)This checklist applies to District Court cases where there is an interlocutory judgment in liability and where parties are presently seeking an assessment of damages under Order 15, Rule 15 of the Rules of Court 2021. Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.

(5)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.

(6)See above.

Footnotes in Annex H

(1)Where a Defence has been filed and the Suit falls within PD 37. Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.

(2)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.

(3)See above.

(4)This checklist applies to District Court cases where there is an interlocutory judgment in liability and where parties are presently seeking an assessment of damages under Order 15, Rule 15 of the Rules of Court 2021. Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.

(5)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.

(6)See above.


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