Upgrade to remove ads
Only $35.99/year

Lesson 9: Anatomy of Civil Trial

Terms in this set (14)

SMALL CLAIMS TRIBUNAL

amount: $XX,XXX
subject to _______ ______ of the parties then go up to $YYYYY

This is a court (T/F)
This is an informal process (T/F)
Governed by its ______ ______, not the _____ _____ that govern the main courts
SMALL CLAIMS TRIBUNAL

amount: $10,000
subject to written consent of the parties then go up to $20,000

This is a court (F). It is not.
This is an informal process (T)
Governed by its SPECIFIC* RULES* , not the PROCEDURAL RULES RULES by its SPECIFIC* RULES* , not the PROCEDURAL* RULES* that govern the main courts
MAGISTRATES COURT

Amount: up tp $XX,XXX
MAGISTRATES COURT

Amount: up tp $60,000
DISTRICT COURT

Amount: up to $XXX,XXX
DISTRICT COURT

Amount: up to $250,000
HIGH COURT

Amount: $YYY,YYY
(unless the parties ______ to have the claim dealt with in the _____ _____)

Court of ______ _______, generally for claims beyond the ______ of the ________ ________.

It is a court of unlimited jurisdiction (T/F)
It may hear the claim irrespective of the amount or value involved (T/F)
HIGH COURT

Amount: $250,000
(unless the parties CONSENT to have the claim deaLT with in the SUBORDINATE*COURTS)

Court of FIRST INSTANCE, generally for claims beyond the JURISDICTION of the DISTRICT COURTS.

It is a court of unlimited jurisdiction (T
It may hear the claim irrespective of the amount or value involved (T
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<
>>>BEFORE TRIAL<<<
>> MODES OF COMMENCING AN ACTION <<

✤ _______ ___ _______ -- for proceedings in which a _____ _________ of fact is likely to arise
✤ _______ ______ -- for proceedings concerning only a ________ of law

>> MATTERS TO BE CONSIDERED BEFORE COMMENCING AN ACTION <<
✤ ______ limits
♡An action must be commenced within the _______ _______ prescribed by law
♚ _________ and tort : X years
♚ ___________ ________ : Y years
♚ ________ of ________ and ________ on a __________: ZZ Years
✤Whether SG is the __________ _________
✤ court and hearing fees
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<

>> MODES OF COMMENCING AN ACTION <<

✤ WRIT OF SUMMONS -- for proceedings in which a SUBSTANTIAL DISPUTE of fact is likely to arise
✤ ORIGINATING SUMMONS -- for proceedings concerning only a DISPUTE* of law

>> MATTERS TO BE CONSIDERED BEFORE COMMENCING AN ACTION <<
✤ TIME limits
♡An action must be commenced within the LIMITATION PERIODSS* prescribed by law
♚ CONTRACT and tort : 6 years
♚ PERSONAL INJURY : 3 years
♚ RECOVERY of LAND and EXECUTION on a JUDGEMENT* : 12 Years
✤Whether SG is the APPROPRIATE FORUM
✤ court and hearing fees
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<
>>>BEFORE TRIAL<<<
>> COMMENCING A WRIT ACTION -- PROCEEDINGS UP TO CLOSE OF PLEADINGS <<

✤_____ and ________ of a _______ -- Pf will have to _____ the ____ in the Supreme Court _______, to be ______ and _______ by the ________. A ______ is generally valid for X months

✤ ________ of the ____ -- must be ______ _________ on each defendant. Means delivering a copy of the writ to the defendant by hand.

✤_____ _______ -- Df has to enter an appearance within X days after being served the writ

✤ ________ ________ -- defendant must file defence within XX days of receiving the _____ of ____________. If a defendant alleges that he has any claims against the Pf, he may make a ______________.

✤ ________ of ___________


SUMMARY: PF ISSUES WRIT (6 MONTHS VALIDITY) --> PF SERVES WRITE TO DF (PERSONALLY BY HAND) ---> DF HAS TO ENTER APPEARANCE (WITHIN 8 DAYS)--> DF HAS TO FILE DEFENCE (22 DAYS) --> CLOSE OF PLEADINGS
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<

>> COMMENCING A WRIT ACTION -- PROCEEDINGS UP TO CLOSE OF PLEADINGS <<

✤VALIDITY and ISSUE of a WRIT -- Pf will have to FILE the WRIT in the Supreme Court REGISTRY , to be SIGNED and SEALEDD* by the REGISTRAR. A WRIT is generally valid for 6 months

✤ENTERING APPEARANCE -- Df has to enter an appearance within 8 days after being served the writ

✤ SERVICE of the WRIT -- must be SERVED PERSONALLYY* on each defendant. Means delivering a copy of the writ to the defendant by hand.

✤ DEFENCE AND COUNTERCLAIMS -- defendant must file defence within 22 days of receiving the WRIT of SUMMONS. If a defendant alleges that he has any claims against the Pf, he may make a COUNTERCLAIM.

✤ CLOSE of PLEADINGS*


SUMMARY: PF ISSUES WRIT (6 MONTHS VALIDITY) --> PF SERVES WRITE TO DF (PERSONALLY BY HAND) ---> DF HAS TO ENTER APPEARANCE (WITHIN 8 DAYS)--> DF HAS TO FILE DEFENCE (22 DAYS) --> CLOSE OF PLEADINGS
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<
>>>BEFORE TRIAL<<<
>> DISPOSAL OF ACTION WITHOUT TRIAL <<

✤ __________ judgement: if the defendant ________ to enter an __________ or _______

✤ __________ judgement: df has no real _______to the claim, it is usually a judgment in _______ and is made without _________ to one side (This is to protect ____)

Application must be filed at the latest within XX days after pleadings are deemed closed

✤ _______ out: if a pleading or part of it discloses no ________ cause of action or is _________ or is otherwise an _______ of the process of the court (this is to protect ________)

✤ ________ and ________ : a party may withdraw his act or defence or counterclaim
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<

>> DISPOSAL OF ACTION WITHOUT TRIAL <<

✤ DEFAULT judgement: if the defendant FAILS to enter a DEFENCE or AN APPEARANCE

✤ SUMMARY judgement: df has no real DEFENCE TO the claim, it is usually a judgment in DEFAULT and is made without LISTENING to one side (This is to protect PF)

Application must be filed at the latest within 28 days after pleadings are deemed closed

✤ STRIKING out: if a pleading or part of it discloses no REASONABLE cause of action or is SCANDALOUS or is otherwise an ABUSE of the process of the court (this is to protect DF)

✤ DISCONTINUANCE and WITHDRAWAL: a party may withdraw his act or defence or counterclaim
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<
>>>BEFORE TRIAL<<<
>> PROVISIONAL REMEDIES AND OTHER INTERLOCUTORY MATTERS <<

MATCH THE DEFINITIONS:

✤ Interlocutory injunction
✤ Mareva injunction
✤ Anton Piller order

PREVENTS parties from taking steps to dissipate assets

injunction DIRECTING the OTHER PARTY TO DO OR REFRAIN FROM DOING SOMETHING until the trial

PREVENTS a defendant from DESTROYING incriminating evidence by permitting certain persons to enter his premises to SEARCH, SEIZE and RETAIN documents or other items
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<

>> PROVISIONAL REMEDIES AND OTHER INTERLOCUTORY MATTERS <<

MATCH THE DEFINITIONS:

✤ Interlocutory injunction :
injunction DIRECTING the OTHER PARTY TO DO OR REFRAIN FROM DOING SOMETHING until the trial

✤ Mareva injunction:
PREVENTS parties from taking steps to dissipate assets

✤ Anton Piller order :
PREVENTS a defendant from DESTROYING incriminating evidence by permitting certain persons to enter his premises to SEARCH, SEIZE and RETAIN documents or other items
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<
>>>BEFORE TRIAL<<<
>> OTHER INTERLOCUTORY MATTERS/ APPLICATIONS <<

✤ _______ and _________ of documents: parties have to give documents which are relevant to the case and are in their ________

✤ _________ for costs: the court may order the pf to give _________ for its opponent's ______
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<

>> OTHER INTERLOCUTORY MATTERS/ APPLICATIONS <<

✤ INSPECTION and DISCOVERYY* of documents: parties have to give documents which are relevant to the case and are in their custody

✤ security for costs: the court may order the pf to give security for its opponent's costs
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<
>>>BEFORE TRIAL<<<
>> EXCHANGING EVIDENCE AND SETTLING DOWN FOR TRIAL <<

✤ ________ for ________ -- ________ pertaining to the filing and exchanging of _______ , ________ , and the __________ __ ________ _______required (aka something like admin instructions)

✤ pre-trial conference -- _______ will _______ stock of the ________ of the action and _____ ___________ to the parties on the next steps to be taken in the proceedings

✤ exchange of the _________ of ___________ -- ________ ________ _______by the witnesses which will stand as their ________ at the trial and on which they will be cross-examined (CRIM CANNOT USE THIS)

✤expert evidence -- an expert report exhibited to the affidavit

✤Subpoenas -- ensure the _________ of witness at trial. Three types:
i. attend court to give _______evidence
ii. produce _________ without the ________ to attend, and
iii. give ________ in court and ________documents

✤__________ down -- when the matter is ready for hearing and the bundles of documents are filed together with a request for settling down action for trial.
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<

>> EXCHANGING EVIDENCE AND SETTLING DOWN FOR TRIAL <<

✤ SUMMONS for DIRECTIONS -- DIRECTIONSS* pertaining to the filing and exchanging of AFFIDAVITS , WITNESSES, and the NUMBER OF TRIAL DAYS required (aka something like admin instructions)

✤ pre-trial conference -- REISTRAR will TAKE stock of the STATUS of the action and GIVE DIRECTIONS to the parties on the next steps to be taken in the proceedings

✤ exchange of the affidavits of evidence-in-chief -- WRITTEN SWORNN* STATEMENTS* by the witnesses which will stand as their TESTIMONY at the trial and on which they will be cross-examined (CRIM CANNOT USE THIS)

✤expert evidence -- an expert report exhibited to the affidavit

✤Subpoenas -- ensure the ATTENDANCE of witness at trial. Three types:
i. attend court to give ORAL* evidence
ii. produce EVIDENCE without the OBLIGATION to attend, and
iii. give EVIDENCE in court and PRODUCE documents

✤SETTLING down -- when the matter is ready for hearing and the bundles of documents are filed together with a request for settling down action for trial.
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<
>>>THE ACTUAL TRIAL<<<

>> TRIAL <<

✤ Pf's solicitors will open the case by addressing the court.

✤ Pf's witnesses will take the stand first and be cross-examined.

✤ Each witness may be re-examined after his cross-examination has ended.

✤ Df's witnesses then take the stand to testify and be cross-examined and re-examined.

✤ After that, parties will make closing submissions, which may be oral or written.

✤ Decision will be made and judgment given.

>> ASSESSMENT OF DAMAGES <<

✤ in certain cases, quantum of damages may be assessed by a registrar in a hearing in chambers rather than the judge
✤ AKA it need not be on the spot in court, may be given on later date
...
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<
>>> WHAT HAPPENS AFTER THE TRIAL <<<
>> ENFORCEMENT <<

✤ Writs of execution
one of a variety may be used to authorize court officials to take appropriate measures to give effect to the judgment.
[note the distinction between the writs]
♟ Writ of Seizure and Sale of property
♘ Creditor can request the court to seize and sell property of debtor to pay the judgement debt
♟ Writ of Delivery
♘ Directs the Sheriff (enforcement officer of the court) to seize the specific moveable property
♟ Writ of Distress
♘ Allows the Sheriff to enter the debtor's property to seize tenant's possessions and sell them to cover forunpaid rent


✤ Garnishee proceedings
♟ used where the debtor owed a debt to a third party. Third party must pay the money to the judgment creditor instead of the judgment debtor.
♟ Take note you cannot garnish a judgement debtor's salary in Singapore. [Prof Helena mentioned in class]

✤ Registration of judgment
♟ registering a SG judgment in another country if the debtor does not have assets in SG.


✤ Bankruptcy and company winding up proceedings.
♟ when df or his company cannot pay
...
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<
>>> WHAT HAPPENS AFTER THE TRIAL <<<
>> COSTS <<

✤ Entitlement to costs
♟ usually awarded to the successful litigant. Entirely discretionary (up to the court) in principle and quantum.

✤ Basis of Taxation at Taxation hearing
♟ The prevailing (winner) party is entitled to costs, but the quantum of costs is not fixed and will be determined by the court at a taxation hearing
♟ Standard basis of taxation
♧ Reasonable amount
♧ Any doubts decided in favour of the paying party
♧ e.g., party-and-party costs [standard basis]: These are the costs which the losing party in an application or action is ordered to pay the winning party

♟ Indemnity basis of taxation
♧ All costs, unless incurred unreasonable will be paying party
♧ Any doubts decided in favour of the receiving party
♧ e.g., solicitor-and-client costs [indemnity basis]: these are the costs which a party has to pay his lawyer for legal services rendered
♟ Note: Taxation is a judicial process to determine the reasonableness of the legal fee, nothing to do with your normal tax lol

✤ Taxation procedure
♟ taxing (Adjective) Registrar will consider any disputed items of the bill of costs. If nothing is disputed by the parties, there will be no need for this procedure
...
>>>>>> SUMMARY OF CIVIL PROCEDURE <<<<
>>> APPEAL PROCESS <<<

✤ Supreme Court: appeal from the decision of a registrar (usually on an interlocutory matter) lies to a judge in chambers. For trial, an appeal lies to the Court of Appeal.
♟ When the value of the subject-matter is $250 000 or less, the approval of the court must be obtained.


✤ Subordinate Courts - appeal from the decision of a registrar lies to a district judge in chambers. For trials, generally to the High Court.
♟ Appeals to High Court judge in chambers: Notice of Appeal must be issued within 14 days after the Registrar's judgment and delivered to all parties within 7 days of it being issued. Leave of the Court is required if the amount in dispute or the value of the subject-matter does not exceed $50000.
♟ Appeals to High Court: May be filed within 14 days from the pronouncement of the judgment. Leave of the Court is required if the amount in dispute or the value of the subject-matter does not exceed $50000.
...
Other sets by this creator