PART 13: COURT HEARINGS AND EVIDENCE
13A: Conduct of Court Proceedings and Hearings-Related Matters
104. Attendance at hearings in the Family Justice Courts
105. Weekend / Public Holiday Duty Registrar and Judge at the Family Courts
106. Duty Registrar and Duty Magistrate
107. Request for urgent hearing before Duty Judge
108. Request for urgent hearing dates or urgent hearings prior to the filing of the application through the Electronic Filing Service
109. Requesting a hearing date through the Electronic Filing Service
110. Adjournment or vacation of hearing dates and part-heard cases
111. Absence of parties
112. Attendance of solicitors
113. Absence from Court on medical grounds
114. The Central Queue Management System and Central Display Management System
115. Precedence and preaudience of Senior Counsel
116. Court dress
117. Submissions and examination by leading and assisting solicitor
118. Applications under section 43(3) or 57(8) of the Adoption of Children Act 2022 or section 14 of the Guardianship of Infants Act 1934
119. Use of electronic and other devices
120. Publication of and reports and comments on Court cases
121. Production of record of hearing
122. Application for Court records and certification of transcripts for family matters
123. Access to case file, inspection, taking copies of documents and conducting searches
13B: Documents and Authorities for use in Court
124. Filing of documents and authorities for use in Court generally
125. Hearings in chambers
126. Formatting requirements and page limits for written submissions
127. Written submissions and bundles of authorities for special date hearings in the Family Division
128. Citation of written judgments
13C: Consents
129. Consent orders
13D: Evidence – Witnesses, Affidavits and Exhibits
130. Definitions
131. Witnesses
132. Giving of evidence by person outside Singapore through live video link or live television link in any proceedings (other than proceedings in a criminal matter)
133. Form of affidavits
134. Forms that are deemed to be affidavits
135. Non-documentary exhibits to affidavits
136. Documentary exhibits to affidavits
137. Affirming and signing of affidavits in Singapore before, and completing of attestation by, commissioner for oaths through live video link or live television link
138. Affirming of documents by persons who do not understand English, are illiterate or blind
139. Effect of non-compliance
140. Objections to the contents of affidavits of evidence-in-chief
13A: Conduct of Court Proceedings and Hearings-Related Matters
104. Attendance at hearings in the Family Justice Courts
(1) To avoid doubt, the general rule is that all hearings in a Family Justice Court shall be heard in private pursuant to section 10(1) of the Family Justice Act 2014. Members of the public are not entitled to attend such hearings.
(2) Notwithstanding sub-paragraph (1), a Family Justice Court may hear any matter or any part thereof in an open and public court, or by way of an open and public hearing, to which the public generally may have access, if the Court is satisfied that it is expedient in the interests of justice, or for other sufficient reason to do so.
(3) Subject to any written law, the Court may, in its discretion, allow any person such as instructing solicitors, foreign legal counsel and parties to the matter, to attend any hearing in a Family Justice Court subject to space, security and the interests of justice. In exercising its discretion, the Court may consider a broad range of factors including:
(a) the interest that the person seeking permission has in the matter before the Court;
(b) the interests of the litigants;
(c) the reasons for which such permission is sought; and
(d) the Court’s interest in preserving and upholding its authority and dignity.
(4) In allowing persons referred to in sub-paragraph (3) to attend hearings in a Family Justice Court, the Court may, at its discretion, impose the necessary conditions to be complied with.
105. Weekend / Public Holiday Duty Registrar and Judge at the Family Courts
(1) The Duty Judge at the Family Courts may hear an urgent application from 9.00 a.m. to 6.00 p.m. on Saturdays, Sundays and public holidays under the following circumstances:
(a) where the applicant, being a lawful guardian or parent of a child, is seeking to restrain or enjoin another party from taking the child out of jurisdiction without the consent of the applicant;
(b) the child’s departure from Singapore is so imminent that it is too late for the application to be heard on the next working day; and
(c) there is a strong likelihood that the child, once taken out of Singapore, will not return to Singapore.
(2) To request the urgent hearing of such an application, the applicant should contact the Weekend / Public Holiday Duty Registrar at 97241402 during the hours of 9.00 a.m. to 6.00 p.m. on Saturdays, Sundays and public holidays.
(3) The Duty Registrar will only arrange for the hearing of the application before the Duty Judge if the applicant satisfies the Duty Registrar that the case meets all the criteria stipulated in sub-paragraph (1) and the application is so urgent that it cannot be heard the next working day. The Duty Registrar or Duty Judge may also give directions for the urgent hearing to take place remotely or, alternatively, with parties attending in person at any place as directed.
(4) The Duty Registrar or the Duty Judge may, in lieu of filing, direct the applicant to tender the application and supporting documents by email or in hard copies. In this case, the applicant is to provide a signed undertaking that all documents (including the originating application if applicable) will be filed the next available working day. Where the Duty Registrar or the Duty Judge directs the applicant to provide hard copies of the relevant documents, the applicant must bring three copies each of the application, the supporting affidavit and the appropriate draft orders of Court (Form 115 of Appendix A of these Practice Directions) for the hearing of the application without notice.
(5) To avoid doubt, every applicant must comply with paragraph 100 of these Practice Directions.
106. Duty Registrar and Duty Magistrate
(1) The duties of the Duty Registrar are to:
(a) hear applications without notice or by consent provided that the application has been filed in the Electronic Filing Service;
(b) grant approval for any matter pertaining to the administration of the Registry, including giving early or urgent dates and allowing inspection of files;
(c) sign and certify documents; and
(d) sign documents to effect sale and transfer of matrimonial assets.
(2) The duties of the Duty Magistrate shall include the examination of complainants when they file a Magistrate’s Complaint.
(3) The duty hours are as follows:
Mondays to Thursdays (excluding public holidays)
9.30 a.m. to 12.30 p.m., and
2.30 p.m. to 5.30 p.m
Fridays (excluding public holidays)
9.30 a.m. to 12.30 p.m., and
2.30 p.m. to 5.00 p.m.
(4) Only solicitors or litigants (if they are not legally represented) may appear before the Duty Registrar.
(5) Except where the attendance of the solicitor is required under sub-paragraph (7), the filing of the relevant documents will be sufficient for the Duty Registrar to dispose of any application or matter. Documents will be returned to the solicitor through the Electronic Filing Service to the inbox of the law firm’s computer system or through the service bureau.
(6) All documents which are not required to be filed using the Electronic Filing Service must be duly stamped before presentation to the Duty Registrar for his or her signature and / or decision.
(7) The solicitor’s attendance is compulsory only:
(a) when he or she is requesting an early or urgent date for a hearing before the Registrar or Judge;
(b) when an application or document is returned with the direction “solicitor to attend”; or
(c) when his or her attendance is required by any provision of law.
(8) A solicitor may, if he or she wishes to expedite matters, attend before the Duty Registrar even if his or her attendance is not ordinarily required.
(9) A solicitor or a litigant who is not legally represented (collectively, “parties”) who wishes to attend before a Duty Registrar and to refer him or her to documents filed must either:
(a) file the documents at least 1 hour before attending before the Duty Registrar, so that the documents would already be in the electronic case file for the Duty Registrar’s reference. Parties should as far as possible only attend before the Duty Registrar after they have received notification from the Court that the documents have been accepted. Parties should also check with the Registry that the documents have been routed to the Duty Registrar before attending before the Duty Registrar; or
(b) attend before the Duty Registrar with the hard copy documents. The Duty Registrar will require the relevant party to give an undertaking to file all the documents by the next working day before dealing with the matter.
Attendance before the Duty Registrar by video conferencing
(10) Attendance before the Duty Registrar will be by video conferencing, unless otherwise directed.
(11) A solicitor or a litigant who is not legally represented (collectively, “parties”) who wishes to attend before a Duty Registrar by way of video conferencing must:
(a) email the Registry at FJC_FAMILY_REGISTRY@judiciary.gov.sg (for matters filed through the IELS such as injunctions, extension of time etc.) or FJC_MAINTPOS@judiciary.gov.sg (for maintenance and personal protection matters under the Women’s Charter 1961, the Maintenance Orders (Reciprocal Enforcement) Act 1975 or the Vulnerable Adults Act 2018); or
(b) file a letter of request via the Electronic Filing Service.
(12) The email or letter of request should contain the following information:
(a) the case number;
(b) if there is no case number assigned, the name(s) of the parties and names of the solicitor and law firm(s) acting for such parties;
(c) explain briefly the nature of the application and directions sought from the Duty Registrar;
(d) the time and date that parties wish to attend before the Duty Registrar;
(e) whether parties wish to send in any documents via the Electronic Filing Service ahead of the hearing or during the hearing before the Duty Registrar;
(f) whether parties wish to tender any hard copy documents ahead of the hearing before the Duty Registrar;
(g) the name(s) of all the parties who will be attending the hearing before the Duty Registrar, and the email address and telephone number of these parties.
(13) If parties wish to tender any hard copy documents ahead of the hearing before the Duty Registrar, parties should as far as possible provide the hard copies and ensure that they have been placed before the Duty Registrar sufficiently far in advance before the scheduled hearing. Parties should check with the Registry that the documents have been placed before the Duty Registrar before the scheduled hearing.
Physical attendance before the Duty Registrar
(14) In the event physical attendance before the Duty Registrar is allowed, solicitors or litigants who are not legally represented should email the Registry with the information set out at sub-paragraph (12) prior to attending before the Duty Registrar.
Signing of documents to effect sale and transfer of matrimonial assets
(15) When dealing with the ancillary matters, the Court may grant orders under section 31 of the Family Justice Act 2014 empowering the Registrar to sign the documents to effect the sale and transfer of matrimonial assets. These orders fall into two categories:
(a) an order empowering the Registrar to sign the relevant documents without further notice to the party whom the Registrar is signing the documents on behalf of (“Category A orders”); and
(b) an order empowering the Registrar to sign the relevant documents only in the event of a default by a party in signing the relevant documents (“the other party”) despite written notification to him / her to sign the relevant documents (“Category B orders”).
(16) Applications to obtain the signature of the Registrar pursuant to Category A orders and Category B orders shall be made before the Duty Registrar in the Family Justice Courts. The documents to be signed by the Duty Registrar shall contain the following endorsements:
“Signed on behalf of {insert name of party in default} by Registrar, Family Justice Courts, pursuant to order of Court dated {insert date}”
(17) Solicitors shall furnish the following documents to the Duty Registrar when making such applications:
(a) For Category A orders:
(i) The sealed copy of the order of Court empowering the Registrar to sign the relevant documents; and
(ii) A duplicate copy of each of the documents to be signed by the Registrar, which will be retained by the Court.
(b) For Category B orders:
(i) The documents set out in sub-paragraphs (17)(a)(i) and (ii).
(ii) An affidavit stating the details of the written notification(s) sent to the other party and showing the other party’s default in signing the relevant documents.
(18) The sealed copy of the order of Court empowering the Registrar to sign will be returned after the signing of the documents.
107. Request for urgent hearing before Duty Judge
Request for urgent hearing before Duty District Judge or Assistant Registrar of the Family Justice Courts
(1) Save for attendances before the Duty Registrar or Duty Magistrate listed in paragraph 106 of these Practice Directions, sub-paragraphs (1) to (7) apply to all other requests for urgent hearing (including applications without notice) before the Duty District Judge or Assistant Registrar.
(2) An applicant requesting for an urgent hearing before a Duty District Judge or Assistant Registrar is required to file the request through the Electronic Filing Service. The request should be accompanied by the completed Form 134 of Appendix B of these Practice Directions. A copy of Form 134 should be served on each respondent to the application at the time of filing, unless the application is an application without notice and service of Form 134 would or might defeat the purpose of the application. The Registry will update the applicant or parties (whichever applicable) on the outcome of the request.
(3) The applicant should prepare skeletal submissions for the urgent hearing before the Duty District Judge, and file the skeletal submissions at the same time as Form 134. A copy of the skeletal submissions should be served on each respondent to the application at the time of filing, unless the application is an application without notice and service of the skeletal submissions would or might defeat the purpose of the application.
(4) If, due to urgency, the applicant is unable to file or serve Form 134 and / or the skeletal submissions before attending before the Duty District Judge, the applicant should provide a copy each of Form 134 and the skeletal submissions to each respondent to the application when the parties attend before the Duty District Judge. Each such copy of Form 134 or the skeletal submissions must be a hard copy, if the parties attend before the Duty District Judge physically, or in soft copy, if the parties attend before the Duty District Judge by live video or live television link. Thereafter, Form 134 and the skeletal submissions should be filed as soon as possible and, in any event, no later than the next working day after the attendance before the Duty District Judge, unless the Court directs otherwise. If any respondent does not attend before the Duty District Judge, Form 134 and the skeletal submissions should be served on that respondent as soon as possible after the hearing before the Duty District Judge, unless the Court directs otherwise.
(5) In cases of extreme urgency where the applicant is unable to comply with the requirement to file or provide a copy of the skeletal submissions by the time of the urgent hearing before the Duty District Judge, the applicant should seek dispensation of that requirement and the supporting reasons for the dispensation request should be included in Form 134 filed pursuant to sub-paragraph (2).
(6) The applicant’s skeletal submissions should contain the following:
(a) the relevant facts;
(b) the applicable law;
(c) the reason(s) for requesting an urgent hearing; and
(d) a summary of arguments.
(7) The applicant’s skeletal submissions should be in the following format:
(a) all pages should be paginated;
(b) the skeletal submissions should not exceed 10 pages (excluding the cover page and backing page);
(c) the minimum font size to be used is Times New Roman 12 or its equivalent;
(d) the print of every page must be double-spaced; and
(e) every page must have a margin on all 4 sides, each of at least 35mm in width.
Request for urgent hearing before Judge of the Family Division
(8) In the event that a request is for an urgent hearing before a Judge of the Family Division, unless otherwise directed, sub-paragraphs (2) to (7) shall apply save that references to the Duty District Judge shall be read as references to the Judge of the Family Division.
108. Request for urgent hearing dates or urgent hearings prior to the filing of the application through the Electronic Filing Service
Solicitors requesting an urgent hearing before the Duty Registrar or Duty District Judge, or an urgent hearing date, in respect of an application that has not yet been filed through the Electronic Filing Service, shall submit a hard copy of the proposed application and any supporting affidavit to the Duty Registrar or Duty District Judge for the Court’s retention and shall give an undertaking to file the application and supporting affidavit using the Electronic Filing Service by the next working day. Any document not filed using the Electronic Filing Service will not be included in the Court’s electronic case file.
109. Requesting a hearing date through the Electronic Filing Service
(1) When filing applications through the Electronic Filing Service, solicitors may be permitted to make a request for a preferred hearing date for any interlocutory application to be heard before a Registrar.
(2) Solicitors should confer with all parties to the application before selecting a preferred hearing date. Solicitors arguing the application for all parties should be available to attend the hearing on the date selected.
(3) In the event that it is not possible to confer with the opposing solicitors on a preferred hearing date, whether due to the nature or urgency of the application or otherwise, solicitors must select a date when the solicitors arguing the application for the applicant will be available.
(4) Solicitors are reminded to satisfy the requirements of paragraph 52(4) of these Practice Directions.
110. Adjournment or vacation of hearing dates and part-heard cases
(1) Before any party makes a request through the Electronic Filing Service to the Court for an adjournment or vacation of any hearing, he or she should seek the consent of the other party or parties to the matter. Unilateral requests made without first seeking the consent or views of the other party or parties to the matter will not be entertained, except in the most exceptional circumstances.
(2) The request electronic form should be filed through the Electronic Filing Service at least 7 working days before the hearing, setting out the reasons for the requested adjournment or vacation of the hearing. For hearings relating to proceedings to which Part 3 of the Family Justice (General) Rules 2024 applies, the request electronic form should be filed through the Electronic Filing Service at least 5 working days before the hearing.
(3) If the consent of all other parties to the matter is obtained, a letter stating that all parties have consented to the requested adjournment or vacation of hearings may be attached to the request electronic form. However, this does not mean that the request will be granted as a matter of course. The Court will still evaluate the merits of the request before making its decision.
(4) If the consent of one or more of the other parties is not obtained, the letter should set out the reasons for the other parties’ objections, or explain why the consent of one or more of the other parties cannot be obtained. Any relevant correspondence between the parties should also be attached to the request electronic form. The Court will then evaluate the contents of the request and the relevant correspondence before deciding whether the requested adjournment or vacation of hearings should be allowed.
(5) In any other case, parties must attend before the Court to make an application for an adjournment. See also paragraph 112 of these Practice Directions.
(6) Where the reason for an adjournment is a conflict of court dates, the following information relating to both court cases must be stated in the letter attached to the request electronic form:
(a) the case number;
(b) the date and time of the hearing;
(c) the nature of hearing;
(d) the date when the applicant was informed of the hearing date or agreed to accept the hearing date (e.g. date of Registrar’s Notice or date of case conference or court mentions when the date was taken);
(e) in the event the family proceedings hearing date was fixed earlier, whether the court subsequently giving the same hearing date was informed of the family proceedings hearing already fixed; and
(f) in the event the family proceedings hearing date was fixed later, whether the Family Justice Courts was informed of the earlier hearing date and the reasons for the earlier date.
(7) The directions in sub-paragraphs (8) and (9) apply to trials only.
(8) Subject to any directions of the Court, when a case is adjourned, the Registrar will assign such days as are available for the hearing of the case, and solicitors will be expected to take the dates at short notice.
(9) In the event that the hearing of a case is not concluded within the number of days allotted, the Court may direct the hearing of the case to continue beyond the allotted time, rather than adjourning the case part-heard to another date. Solicitors for parties in all cases should therefore be prepared to continue with the hearing of the matter despite the fact that the time originally allotted may have expired.
111. Absence of parties
Where an application has been struck off by reason of any party being absent, the Registrar may direct that the matter be restored by way of summons.
112. Attendance of solicitors
(1) Save in the most exceptional and unforeseen circumstances, and so long as the firm of solicitors remains on record, a member of the firm must attend all proceedings in respect of the cause or matter in which the firm is acting, even if it does not intend to oppose the orders sought by the other side. The practice of asking the opposing solicitor to mention the matter on one’s behalf is not acceptable.
(2) Subject to sub-paragraph (3), the Court may however allow a solicitor appearing in any cause or matter to mention for solicitors for all other parties provided that:
(a) the solicitor obtains confirmation of his or her authority to mention on their behalf for the purpose of the hearing; and
(b) parties have agreed on the order sought.
(3) However, where an adjournment of the hearing date of any cause or matter is sought, solicitors for all parties must attend the hearing. See also paragraph 110 of these Practice Directions.
(4) Solicitors appearing in any cause or matter should be punctual in attending Court, as delay in the commencement of the hearing leads to wastage of judicial time. Appropriate sanctions may be imposed for solicitors who do not arrive for hearings on time.
113. Absence from Court on medical grounds
(1) If:
(a) any party to proceedings;
(b) any witness;
(c) any solicitor; or
(d) any officer or other person appointed by the Public Prosecutor to act as a Deputy Public Prosecutor or an Assistant Public Prosecutor in carrying out any of the duties of the Public Prosecutor under the Criminal Procedure Code 2010 or under any other written law,
is required to attend Court and wishes to absent himself or herself from Court on medical grounds, he or she must provide the Court with an original medical certificate. The medical certificate must be in the proper form and contain the information and particulars required by sub-paragraphs (2) to (5).
(2) A medical certificate issued by a Government hospital or clinic may be in the pre-printed form produced by the Ministry of Health, a sample of which may be found at https://www.judiciary.gov.sg/family under “Resources / Guides” (“the sample form”). A medical certificate issued by a restructured hospital or specialist centre may also be in a pre-printed form similar to the sample form. The pre-printed medical certificate must:
(a) be completely and properly filled in;
(b) contain the name of the medical practitioner who issued the medical certificate;
(c) state the name of the hospital or clinic in which the medical practitioner practises;
(d) indicate that the person to whom the certificate is issued is unfit to attend Court, and specify the date(s) on which he or she is unfit to attend Court;
(e) be signed in full by the medical practitioner (and not merely initialled); and
(f) be authenticated by a rubber stamp showing the medical practitioner’s full name and designation in the hospital or clinic, as the case may be.
(3) If a medical certificate is not in the sample form, the medical certificate should:
(a) be addressed to “Registrar, Family Justice Courts” (and not “whoever-it-may-concern”);
(b) identify clearly the medical practitioner who issued the certificate;
(c) state the name of the hospital or clinic at which it was issued;
(d) be signed in full by the medical practitioner (and not merely initialled);
(e) be authenticated by a rubber stamp showing the medical practitioner’s full name and designation;
(f) contain a diagnosis of the patient concerned (unless the diagnosis cannot or should not normally be disclosed);
(g) contain a statement to the effect that the person to whom the certificate is issued is medically unfit to attend Court, and specify the date(s) on which he or she is unfit to attend Court; and
(h) bear the date on which the medical certificate was written and, where this differs from the date of consultation, this fact must be disclosed and clearly stated.
(4) If any portion of the information set out in sub-paragraph (3) is not found in the medical certificate itself, such information may be included in a memorandum which should be attached to the medical certificate. This memorandum must:
(a) identify clearly the medical practitioner who issued the memorandum;
(b) contain the name of the hospital or clinic at which it was issued;
(c) be signed in full by the medical practitioner (and not merely initialled); and
(d) be authenticated by a rubber stamp showing the medical practitioner’s full name and designation.
(5) All information and details in any medical certificate or memorandum must be clearly and legibly printed.
(6) If the directions set out in sub-paragraphs (2) to (5) are not complied with, the Court may reject the medical certificate and decline to excuse the attendance of the person to whom the medical certificate was issued. The Court may then take any action it deems appropriate.
(7) This paragraph applies to all proceedings in the Family Justice Courts, whether in open court, in Court or in chambers.
114. The Central Queue Management System and Central Display Management System
(1) The Central Queue Management System (CQMS) is used for hearings and conferences in the Family Justice Courts except the following:
(a) Youth Courts;
(b) Mentions in the Family Courts;
(c) Trials in the Family Courts; and
(d) Open court hearings in the Family Courts.
(2) When taking queue numbers at the CQMS kiosk, solicitors are to indicate they are ready for hearing by taking the queue number for the opposing party.
(3) The Judge or Registrar has the full discretion to manage the queue and call cases in the CQMS in a manner which he or she deems fit.
(4) Senior Counsel will continue to be given the precedence and the right of preaudience in accordance with paragraph 115 of these Practice Directions.
(5) If a hearing or conference is being conducted in the Supreme Court building, solicitors shall use the Central Display Management System as set out in the Supreme Court Practice Directions 2021.
115. Precedence and preaudience of Senior Counsel
(1) By virtue of section 31 of the Legal Profession Act 1966 and existing custom and usage, Senior Counsel are given precedence and the right of preaudience.
(2) In order to give substance to the principle of precedence and preaudience to Senior Counsel, Senior Counsel who intend to appear before Judges or Registrars for summonses hearings should inform the Registrar in writing not later than 2 clear days before the scheduled hearing date. Matters involving Senior Counsel will thereafter be listed first, in the order of their precedence. If Senior Counsel do not appear at the time their matters come on for hearing according to the list, they will have to wait for their turn in accordance with their queue numbers given by the Central Queue Management System in the Family Justice Courts, subject to the Judge’s or Registrar’s overriding discretion.
(3) All other solicitors, including those who appear on behalf of Senior Counsel, will continue to be heard in the order of their queue numbers in accordance with the current practice in the Family Justice Courts, subject to the Judge’s or Registrar’s overriding discretion.
116. Court dress
Trials, in Court and open court proceedings
(1) For proceedings in the Family Division:
(a) the attire for male solicitors appearing in trials, in Court or in open court will be the existing gown worn over an ordinary long-sleeved white shirt with a turn-down collar, a tie of a subdued or sober colour, a dark jacket, dark trousers and black or plain coloured shoes.
(b) the attire for female solicitors appearing in trials, in Court or in open court will be the existing gown worn over a long-sleeved white blouse high to the neck, a dark jacket, a dark skirt or dark trousers and black or plain coloured shoes. Conspicuous jewellery or ornaments should not be worn.
(c) when appearing in trials, in Court or in open court proceedings that are conducted through a live video or live television link:
(i) if the proceedings are conducted solely through the live video or live television link and do not take place in any courtroom, the attire for solicitors will be as described in sub-paragraphs (1)(a) and (b), save that a gown need not be worn;
(ii) if one or more Judges hear the proceedings in a courtroom, unless the Court otherwise directs, the attire for solicitors will be as described in sub-paragraphs 1(a) and (b);
(iii) if the Judge conducts proceedings through the live video link or live television link, and the parties attend the proceedings in the courtroom, unless the Court otherwise directs, the attire for solicitors will be as described in sub-paragraphs 1(a) and (b).
(d) The attire for Senior Counsel will be as described in sub-paragraphs (1)(a) to (c), save that they may, instead of the existing gown, wear a gown in the design of those worn by the Queen’s Counsel of England and Wales and made of the following material:
(i) silk;
(ii) silk and wool mix; or
(iii) artificial silk.
(2) For proceedings in the Family Courts and Youth Courts, the attire for solicitors appearing in trials, in Court or in open court will be as described in sub-paragraph (1), save that a gown need not be worn.
Proceedings in chambers
(3) When appearing before the Judge or Registrar in chambers, the attire for solicitors will be as described in sub-paragraph (1), save that a gown need not be worn.
Mediations
(4) For mediations:
(a) The attire for male solicitors will be as described in sub-paragraph (3), save that a single-coloured shirt of neutral or subdued shades instead of a white shirt may be worn.
(b) The attire for female solicitors will be as described in sub-paragraph (3), save that a single-coloured blouse or a single-coloured dress of neutral or subdued shades instead of a white blouse may be worn.
117. Submissions and examination by leading and assisting solicitor
(1) Subject to sub-paragraphs (2) and (3), in the event that a party is represented by more than one solicitor at a hearing, whether in open court, in Court or in chambers, the making of submissions and the questioning of witnesses may be carried out by one solicitor for each party only.
(2) If a party would like certain portions of the submissions, or examination, cross-examination or re-examination of witnesses to be conducted by a different solicitor in the same case, an oral application for permission to do so should be made to the Court as early as is practicable and by no later than the commencement of the trial or hearing. The following information should be provided to the Court for the purposes of the application:
(a) the issues on which each solicitor will be making submissions; and / or
(b) the witnesses to be examined, cross-examined or re-examined by each solicitor, or the portions of their evidence for which each solicitor will conduct the examination, cross-examination or re-examination.
Nothing in this paragraph detracts from the responsibility of the lead solicitor to ensure that all solicitors making submissions, or having conduct of any portion of the examination, cross-examination or re-examination of witnesses, are adequately supervised and able to handle the tasks assigned to them.
(3) If permission has been granted in accordance with sub-paragraph (2), each solicitor should ensure that he or she confines himself or herself to the issues or portions of evidence in respect of which permission was granted, and that there is no overlap in the issues or the examination being dealt with by different solicitors for the same party. Further, a solicitor must not repeat, clarify or expand on any submissions that have been made by another solicitor for the same party or examine, cross-examine or re-examine witnesses on portions of their evidence dealt with by another solicitor for the same party.
(4) For civil proceedings, lead solicitors are strongly encouraged to apprise the client of the benefits of allocating certain advocacy tasks to junior assisting solicitors, including the potential benefits of reduced legal costs and increased focus by lead solicitors on the main advocacy tasks, and to therefore consider obtaining instructions to make an application in accordance with sub-paragraph (2). In this regard, lead solicitors are encouraged to consider that giving junior assisting solicitors more opportunities for oral advocacy could potentially benefit the client and, at the same time, promote renewal of the Bar.
(5) For civil trials:
(a) notwithstanding sub-paragraphs (1) and (2), and save where the lead solicitor is a junior solicitor, the junior assisting solicitor shall deliver the oral opening statement unless the Court otherwise orders; and
(b) the lead solicitor is to inform the trial judge at the Judge Pre-Trial Conference (“JPTC”), or if a JPTC has not been fixed, at the start of the trial, whether their client will be making an application pursuant to sub-paragraph (2) and, if so, the proposed division of advocacy tasks between the lead solicitor and junior assisting solicitor.
118. Applications under section 43(3) or 57(8) of the Adoption of Children Act 2022 or section 14 of the Guardianship of Infants Act 1934
(1) An applicant for an order under section 43(3) or 57(8) of the Adoption of Children Act 2022 or section 14 of the Guardianship of Infants Act 1934 must prepare the following documents in accordance with the appropriate forms in Appendix A of these Practice Directions and bring them along to the hearing:
(a) the Order of Court to Prevent the Removal or for Return of the Child(ren) (Form 115 of Appendix A of these Practice Directions);
(b) the Order for Seizure (Infant) (Form 116A of Appendix A of these Practice Directions);
(c) the Request for Attendance of the Bailiff (Seizure of Infant) (Form 116B of Appendix A of these Practice Directions);
(d) the Letter of Indemnity (Seizure of Infant) (Form 116C of Appendix A of these Practice Directions).
(2) If an order is granted under section 43(3) or section 57(8) of the Adoption of Children Act 2022 or section 14 of the Guardianship of Infants Act 1934, the applicant must do the following:
(a) accompany the bailiff to the place of execution and identify the child to be seized;
(b) instruct his or her solicitor (if any) to accompany the bailiff;
(c) provide specific address of execution and if the execution is at an airport (whether Singapore Changi or Seletar), the solicitor / applicant shall provide the details of the flight and terminal number (boundary of seizure at the airport is restricted to the public area); and
(d) engage and pay for the costs of an auxiliary police officer to accompany the bailiff to the place of execution, subject to the condition that where the person against whom the execution is to be carried out or the child / any of the children concerned is a female, the auxiliary police officer shall be a female officer.
119. Use of electronic and other devices
(1) In order to maintain the dignity of Court proceedings in the Family Justice Courts, court users are strictly prohibited from making any video and / or image recording in all hearings and sessions in open court, in Court or in chambers.
(2) Additionally, audio recording during a hearing or session are strictly prohibited without prior approval of the Judge or Registrar hearing the matter or the person presiding over the session.
(3) Court users are permitted to use notebooks, tablets and other electronic devices to:
(a) take notes of evidence and for other purposes pertaining to the proceedings in open court, in Court or in chambers; or
(b) communicate with external parties in all hearings in open court or in Court,
provided that such use does not in any way disrupt or trivialise the proceedings.
(4) To avoid doubt, this paragraph applies to all alternative dispute resolution and counselling sessions conducted in the Family Justice Courts.
(5) The attention of court users is also drawn to section 5 of the Administration of Justice (Protection) Act 2016.
120. Publication of and reports and comments on Court cases
(1) This paragraph applies to solicitors, litigants (whether represented by solicitors or not), the media and all other persons reporting on or commenting about cases which are before any Court (“Court cases”). All categories of persons mentioned above are collectively referred to as “all concerned”.
(2) All concerned are reminded that reports or comments in public on Court cases must not flout any existing law or order of Court or be calculated to affect, or be reasonably capable of affecting, the outcome of any decision by the Court. The attention of all concerned is drawn to section 3 of the Administration of Justice (Protection) Act 2016.
(3) All concerned are not to publish, report or publicly comment on any affidavit or statutory declaration which has not been adduced as evidence or referred to in any hearing in open court, in Court or in chambers or any other court document which has not been served on the relevant party or parties in the Court proceedings.
(4) All concerned are not to publish, report or publicly comment on any statements made in chambers by anyone which is expressly stated to be confidential or is impliedly confidential. Solicitors may inform their clients of statements made in chambers when it is necessary for them to render proper advice to their clients.
121. Production of record of hearing
(1) An audio recording mentioned in Part 15, Rule 9(6) of the Family Justice (General) Rules 2024 will be made by the Court in all trials in action. Where a hearing is conducted by means of video conferencing or telephone conferencing using a remote communication technology approved by the Chief Justice or authorised by the Court, and the Court has authorised the making of a recording of the hearing using such remote communication technology, the recording so made will, unless the Court otherwise directs, constitute the Court’s notes of proceedings for the purposes of Part 15, Rule 9(7) of the Family Justice (General) Rules 2024.
(2) Without limiting Part 15, Rule 9(7) of the Family Justice (General) Rules 2024, the Court may determine, for the purposes of that provision, that the Court’s notes of proceedings are to be taken down by a person other than the Court, whether by hand or through the use of any computer or electronic device.
(3) The provisions of sub-paragraphs (1) and (2) are subject to any directions made by the Court hearing the matter, or by the Registrar, whether or not upon application by the parties. Such directions may include the use of alternative means of producing transcripts.
(4) Where the Court makes directions under sub-paragraph (3) for the use of alternative means of producing transcripts:
(a) the transcript of the notes of proceedings will constitute the Court’s notes of proceedings for the purposes of Part 15, Rule 9(7) of the Family Justice (General) Rules 2024; and
(b) the parties must inform the Registry by letter at least 7 working days before the scheduled hearing as to the mode by which the proceedings will be recorded.
(5) The costs of engaging a service provider must be paid by the parties directly to the service provider.
(6) Requests for certified transcripts of the official record of hearing conducted at the Supreme Court building must be made by filing the requisite request electronic form through the Electronic Filing Service at least 7 working days before the scheduled hearing.
Request for digital audio recording and transcription service for hearings other than trials
(7) Digital audio recording and transcription of proceedings will be made available in the Family Justice Courts, to parties, through one or more designated service providers at the request of parties.
(8) Any party who intends to use the digital audio recording and transcription service for hearings other than trials shall write to the Court hearing the proceedings for approval at least 12 working days before the commencement of the proceedings.
(9) The request for digital audio recording and transcription service shall be subject to the approval and / or directions of the Court hearing the proceedings, the approval of the Registrar, and the availability of the designated service provider to provide the service.
(10) Upon written notification of the approval by the Court hearing the proceedings, the requesting party shall submit to the designated service provider at least 8 working days before the commencement of the proceedings the application for digital audio recording and transcription service using the requisite form provided by the designated service provider. The requesting party shall also comply with any direction(s) that may be given by the Court hearing the proceedings, in respect of the party’s written request for digital audio recording and transcription service.
(11) The designated service provider shall inform the requesting party whether the application for digital audio recording and transcription service has received final approval by the Registrar.
(12) The cost of engaging the designated service provider for digital audio recording and transcription service shall be paid by the requesting party directly to the designated service provider. The engagement of and payment to the designated service provider are subject to its terms and conditions.
(13) The party or parties engaging the designated service provider shall apply for sufficient copies of the transcript to be furnished to the Court hearing the proceedings and all other parties to the proceedings.
Audio recording
(14) To avoid doubt, where hearings for proceedings commenced in the Family Justice Courts are audio recorded, a copy or copies of the audio recording will not be made available to any party.
122. Application for Court records and certification of transcripts for family matters
(1) For proceedings in the Family Courts or Family Division which have been commenced using the Electronic Filing Service, every application for the Court records in those proceedings (including notes of evidence, certified transcripts or grounds of decision) must be made by way of filing the appropriate request in the Electronic Filing Service to the Registry.
(2) On approval, copies of the Court records will be made available upon payment of an appropriate fee.
(3) Pursuant to Part 15, Rule 9(10) of the Family Justice (General) Rules 2024, the Registrar hereby directs that transcripts of hearing or notes of hearing may be certified by:
(a) the Judge or judicial officer having conduct of the proceedings;
(b) with the approval of the Court, the manager or personal assistant, as the case may be, to the Judge or judicial officer having conduct of the proceedings; or
(c) with the approval of the Court, the service provider.
(4) The costs of producing a certified transcript of the official record of the hearing may be claimed as an item of disbursement unless otherwise ordered by the Court.
123. Access to case file, inspection, taking copies of documents and conducting searches
Access by parties to a case file
(1) All parties to a case who are registered users of the Electronic Filing Service may, subject to this paragraph and any directions of the Court, access the electronic case file made available through the Electronic Filing Service and may inspect, download soft copies or print hard copies of documents accessible to the parties in the electronic case file.
(2) Where a party to a case is not a registered user and is unable to access the electronic case file through the Electronic Filing Service, the procedure in sub-paragraph (5) must be followed.
(3) All parties to a case have the liberty to make amendments to administrative details contained in the electronic case file through the Electronic Filing Service. Administrative details include the contact details of solicitors, the identities of the solicitors, and the nature of the claim. Where a party to a case is not a registered user of the Electronic Filing Service, he or she may attend at the service bureau to seek assistance to amend the administrative details contained in the electronic case file.
(4) The Registry may require parties to a case to provide supporting documents to substantiate proposed amendments to other details of the electronic case file before the amendment is approved. For example, amendments to add or remove a party to the case have to be supported by an order of Court; and amendments to change the name, gender, identification number, or marital status of a party to the case have to be substantiated by documentary proof.
File inspection by non-parties
(5) In order to inspect a case file containing documents that were filed through the Electronic Filing Service, the following procedure should be followed:
(a) A request should be made to obtain permission to inspect the file, which request should:
(i) be filed using the Electronic Filing Service;
(ii) state the name of the person who is to carry out the search or inspection (and if this person is not a solicitor, his or her identity card number should also be included in the request, after his or her name);
(iii) state the interest the applicant has in the matter, and the reason for the search or inspection; and
(iv) if the search or inspection is requested for the purpose of ascertaining information for use in a separate suit or matter, clearly state the nature of the information sought and the relevance of such information to the separate suit or matter.
(b) Once approval for inspection has been received from the Court:
(i) Registered users can inspect the case file online through the Electronic Filing Service; and
(ii) Parties who are not registered users can inspect the case file by presenting a copy of the approval at the service bureau. After verifying the approval that has been presented, the service bureau will assign a personal computer to the inspecting party for the inspection to be carried out. An inspecting party will usually be allowed only 60 minutes to carry out the inspection. If a longer period is required, the service bureau may impose a charge for use of the computer. The service bureau may impose additional charges for downloading soft copies or printing hard copies of documents from the case file being inspected.
(6) To inspect a case file in proceedings that do not use the Electronic Filing Service, the following procedure should be followed:
(a) A request should be submitted to the Registry to obtain permission to inspect the case file. The request should state the name of the person who is to carry out the search or inspection. If this person is not a solicitor, his or her identification and contact details should also be included in the request, and his or her identification document (including physical or digital identity card) should be produced for verification if requested. The request should also state the interest that the applicant has in the matter, and the reason for the search or inspection. If the search or inspection is requested for the purpose of ascertaining information for use in a separate suit or matter, the request should clearly state the nature of the information sought and the relevance of such information to the separate suit or matter.
(b) If approval for inspection is given by the Court, and upon confirmation of the receipt of payment of the fees payable, the inspection of the case file and Court documents will be carried out at the Registry.
(c) The fees prescribed by the Third Schedule to the Family Justice (General) Rules 2024 will be payable for the provision of the above service.
(7) Solicitors must communicate to the Registrar in writing the names of their employees who have their authority to make searches and inspections. Such authority may be in respect of a specific search or inspection or for a specified period.
(8) All copies of documents taken in the course of inspection should not be used for purposes other than those stated in the request to inspect. Solicitors are responsible for informing their clients of this. To avoid doubt, a non-party that has obtained approval to inspect a case file may take and retain a soft copy of any document that is available for inspection.
Obtaining certified true copies of documents
(9) Users are encouraged to use the Authentic Court Order system to validate orders of Court issued after 2 January 2020 by going to http://www.courtorders.gov.sg. However, certified true copies of orders of Court will still be available upon application.
(10) Applications to obtain certified true copies of documents should be made by way of filing a request through the Electronic Filing Service, unless the documents concerned have not been filed through the Electronic Filing Service.
(11) The intended use of the certified true copies should be clearly stated in the request. The relevance and necessity of the certified true copies in relation to their intended use should also be clearly described.
(12) The applicant will be informed of the outcome to his or her request and the fees payable for the provision of the certified true copies if the request is approved. Upon confirmation of the receipt of payment of the fees payable, the certified true copies will be released to the applicant. The Registry may require verification of the identity of the applicant against his or her identification document (including physical or digital identity card) prior to the release of the certified true copies.
(13) The fees prescribed by the Third Schedule to the Family Justice (General) Rules 2024 will be payable for the provision of the above services without prejudice to additional incidental charges which may be chargeable by the Court for reproducing the copies in paper form and / or mailing the copy(ies) to the applicant.
Electronic cause books and registers maintained by the Registry
(14) For the purposes of Part 26, Rule 3(1) of the Family Justice (General) Rules 2024, the Registry must maintain the following Court records:
(a) details of all originating processes in Family Justice Courts, including:
(i) details of interlocutory applications filed in the originating processes; and
(ii) details of appeals filed in the originating processes;
(b) details of enforcement orders, writs of distress and warrants of arrest; and
(c) any other information as may from time to time be deemed necessary.
(15) Searches for any Court records mentioned in sub-paragraph (14) may be conducted through the Electronic Filing Service at a service bureau or at the Registry. The fees prescribed by the Third Schedule to the Family Justice (General) Rules 2024 will be payable for such searches.
(16) An application may be made by any person for a licence to use any information contained in any electronic cause book or register subject to such terms and conditions as the Registrar may determine. Successful applicants will be required to enter into separate technical services agreements with the Electronic Filing Service provider. Applications under this sub-paragraph must be made in writing, identifying the data fields sought and providing details of how the information will be used.
13B: Documents and Authorities for use in Court
124. Filing of documents and authorities for use in Court generally
Time for filing of documents
(1) Subject to any directions in these Practice Directions, or by the Court to the contrary, all documents for use at any hearing in Court must be filed using the Electronic Filing Service at least 1 clear day in advance of the hearing. These documents include written submissions, skeletal arguments, bundles of documents, bundles of affidavits, core bundles and opening statements.
(2) In the event that it is not possible to file the documents in advance of the hearing, solicitors may apply to the Judge or Registrar conducting the hearing for permission:
(a) to use hard copy documents during the hearing. The hard copy documents should be printed on both sides of each page where possible; or
(b) to display a soft copy of the document by sharing his or her screen during the hearing (if the hearing is conducted by video-conferencing).
The solicitor must explain why it was not possible to file the documents in advance of the hearing, and must also give an undertaking to file using the Electronic Filing Service all the documents used at the hearing by the next working day after the hearing. Any document not filed using the Electronic Filing Service will not be included in the Court’s case file.
General requirements as regards documents filed for use in Court
(3) Without limiting any directions in these Practice Directions, the following requirements apply to all documents filed for use in Court:
(a) The cover page and table of contents are to be included in the page count for the purposes of determining whether a document is within the prescribed page limit (if any).
(b) Cover pages are mandatory for all documents.
(c) A table of contents is mandatory for all documents for which the prescribed page limit is 20 pages or higher.
(d) Where a document consists of more than 1 volume:
(i) the table of contents of all volumes of the document must be placed at the beginning of Volume A; and
(ii) each volume must have a table of contents indicating the items that are contained in that volume.
(4) If the filing of a document is to be done by submitting only a hard copy of the same to the Registry in accordance with these Practice Directions or the Court’s direction:
(a) Any fees payable pursuant to the Third Schedule to the Family Justice (General) Rules 2024 must be paid over the counter at the same time as when the hard copy document is submitted to the Registry.
(b) Parties should, when making payment over the counter, indicate to the cashier the precise number of pages which comprise the documents.
(c) The hard copy of the document filed in Court should show, on the first page of the document, the amount of fees that have been paid on the document.
(d) To avoid doubt, this sub-paragraph does not apply where:
(i) a document is filed, and the fees payable pursuant to the Third Schedule to the Family Justice (General) Rules 2024 are paid, through the Electronic Filing Service; and
(ii) the party chooses to tender hard copy of the document to the Registry.
Bundle of authorities
(5) Where bundles of authorities are required to be filed under these Practice Directions or by the Court, the following directions, unless otherwise provided by these Practice Directions or ordered by the Court, apply.
(6) Bundles of authorities may be filed, served, delivered or otherwise conveyed using the Electronic Filing Service. A party may also choose not to file the bundle of authorities into the electronic case file and instead submit a hard copy of the bundle of authorities for hearings according to the directions in this Part.
(7) The party using the hard copy of the bundle of authorities must produce the bundle at every hearing at which it is required. The hard copy of the bundle of authorities should be printed on both sides of each page where possible. The Court will neither retain nor undertake to produce for hearings the hard copy of the bundle. The Judge or Registrar may, if he or she so chooses, retain the hard copy of the bundle of authorities for his or her own reference. The hard copy so retained will not, however, form part of the Court’s record in respect of the proceedings in which it was used.
(8) Solicitors must adhere to the following directions when preparing bundles of authorities for use in Court:
(a) The bundle of authorities must contain all the authorities, cases, statutes, subsidiary legislation and any other materials relied on.
(b) The bundle of authorities must be arranged in the following order – statutes in alphabetical order of the title, subsidiary legislation in alphabetical order of the title, cases in alphabetical order of the case name, secondary materials (such as textbooks and articles) in alphabetical order of the last name of the author, and any other materials in alphabetical order of the title or last name of the author as is appropriate.
(c) The bundle of authorities must have a table of contents immediately after the cover page. Where the bundle of authorities consists of more than 1 volume:
(i) the table of contents of all volumes of the bundle of authorities must be placed at the beginning of Volume A; and
(ii) each volume must have a table of contents indicating the authorities that are contained in that volume.
(d) The items in the table of contents must be numbered sequentially, and bound in the order in which they are listed.
(e) The table of contents must contain a concise statement of the relevance of each authority to the specific issues before the Court. The relevance of each authority must be succinctly expressed and comprise no more than 3 sentences. The statement must be set out immediately after the name of the case. For example:
PEX International Pte Ltd v Lim Seng Chye and Anor [2021] 1 SLR 631
Relevance: The foreseeability of the risk of harm is not generally necessary to mount a successful action in the tort of private nuisance but foreseeability of the type of harm is relevant.
Denka Advantech Pte Ltd and Anor v Seraya Energy Pte Ltd and Anor [2020] 1 SLR 373
Relevance: The rule against penalties in Singapore remains focussed on whether the clause in question provides a genuine pre-estimate of the likely loss at the time of contracting, and its only legitimate interest is that of compensation.
(f) The bundle of authorities must be properly bound with plastic ring binding or plastic spine thermal binding. The rings or spines should be red for applicants / appellants and blue for respondents with a transparent plastic cover in front and at the back.
(g) The bundle of authorities must have flags to mark out the authorities. Such flags must bear the appropriate indicium by which the authority is referred to. Flags must be spaced out evenly along the right side of the bundle so that as far as possible they do not overlap one another.
(h) The bundle of authorities must be paginated consecutively at the top right hand corner of each page. Each separate volume must start at page 1, and every page in that volume must be numbered consecutively.
(i) The bundle of authorities must be legible. Clear copies of the authorities must be made available for inspection by the other parties or the Judge if the copies exhibited in the bundle of authorities are not legible.
(9) The Court may reject bundles of authorities that are not in compliance with sub-paragraph (8), and in exercising its discretion as to costs, take such non-compliance into account.
(10) Only authorities which are relevant or necessary for the trial or hearing may be included in the bundle. No bundle of authorities is necessary in cases where parties are not relying on any authority at the trial or hearing. In cases where the Court is of the opinion that costs have been wasted by the inclusion of unnecessary authorities, the Court will have no hesitation in making a special order for costs against the relevant party.
(11) Where bundles of authorities are filed through the Electronic Filing Service, the following applies:
(a) A bookmark should be created in the Portable Document Format (PDF) file for each authority in the bundle.
(b) The name given to each bookmark should be the same as the corresponding authority in the table of contents.
(c) The page number of each printed volume of the bundle must correspond to the page number in the Portable Document Format (PDF) version of that volume of the bundle. Each separate volume must start at page 1, and every page in that volume must be numbered consecutively.
125. Hearings in chambers
(1) In all hearings in chambers before a Judge or Registrar, solicitors must submit their own bundles of documents (where necessary) and bundle of authorities. The requirements of paragraphs 18(6) to (14) and 124(5) to (11) of these Practice Directions must, with the necessary modifications, be complied with in this regard. Except where paragraph 127(2) of these Practice Directions applies, the bundles may be submitted at the hearing itself before the Judge or Registrar, as the case may be.
(2) The party using a hard copy of the bundle of authorities for the hearing must, if directed by the Court, file the list of authorities (that corresponds to the table of contents of the hard copy of the bundle of authorities) into the case file using the Electronic Filing Service at least 1 clear day in advance of the hearing. In the event that it is not possible for the party to do so, he or she must explain to the Judge or Registrar conducting the hearing why it was not possible for him or her to do so and must also undertake to file the list of authorities using the Electronic Filing Service by the next working day after the hearing.
126. Formatting requirements and page limits for written submissions
(1) This paragraph applies to written submissions filed by parties pursuant to Part 15, Rule 21(2) of the Family Justice (General) Rules 2024.
(2) The written submissions must not contain any endnotes.
(3) The formatting requirements for written submissions are as follows:
(a) the cover page must be included at the beginning of the document;
(b) the table of contents must be included at the beginning of the document immediately after the cover page(s);
(c) all pages must be paginated, with the page numbers corresponding to the Portable Document Format (PDF) version of the document;
(d) the minimum font size to be used is Times New Roman 12 or its equivalent;
(e) the print of every page must be double-spaced; and
(f) every page must have a margin on all 4 sides, each of at least 35 mm in width.
(4) The table below sets out the prescribed page limits for written submissions for the following applications:
| S/N | Application | Prescribed page limit |
|---|---|---|
(a)
| Application for a claim for ancillary relief under Part 2 of the Family Justice (General) Rules 2024 | 50 pages |
(b) | Variation of an order made pursuant to an application in S/N (a) | 50 pages |
(c) | Application for a final order* under section 17(1)(d) of the Supreme Court of Judicature Act 1969 | 50 pages |
(d) | Application for a final order* under sections 8 and 14 of the International Child Abduction Act 2010 | 50 pages |
(e) | Application for a final order* under the Guardianship of Infants Act 1934 | 50 pages |
(f) | All other applications | 35 pages |
* A final order is one which disposes of the entire action.
(5) The page limits set out in the table at sub-paragraph (4) include the cover page, table of contents, footnotes and all annexes and appendices. Parties are to note that where the Court allows the prescribed page limit to be exceeded, fees are payable under the Third Schedule to the Family Justice (General) Rules 2024.
127. Written submissions and bundles of authorities for special date hearings in the Family Division
(1) This paragraph applies only to hearings in the Family Division save for the hearing of appeals.
(2) For any contested special date hearing before a Judge sitting in the Family Division, subject to the Family Justice (General) Rules 2024 and unless otherwise directed by the Court, each party must:
(a) submit to the Court and serve on the other party a hard copy of the following documents at least 1 clear day before the hearing:
(i) written submissions (with a cover page and a table of contents); and
(ii) bundle of authorities (which are in compliance with the requirements under paragraphs 124(5) to (11) of these Practice Directions); and
(b) file a soft copy of the written submissions into the electronic case file using the Electronic Filing Service at least 1 clear day before the hearing.
(3) The party using a hard copy of the bundle of authorities for the hearing must, if directed by the Court, file the list of authorities (that corresponds to the table of contents of the hard copy of the bundle of authorities) into the case file using the Electronic Filing Service at least 1 clear day before the hearing. Where the bundle of authorities (whether in hard copy or soft copy) consists of more than 1 volume:
(a) the table of contents of all volumes of the bundle of authorities must be placed at the beginning of Volume A; and
(b) each volume must have a table of contents indicating the authorities that are contained in that volume.
(4) If any party does not intend to rely on written submissions at the contested hearing referred to in sub-paragraph (2) (e.g. where the hearing does not involve complex issues), the party should seek the Court’s approval for a waiver by way of a request using the Electronic Filing Service at least 7 days before the hearing.
(5) This paragraph does not apply to any hearing before a Judge which is fixed on the normal list. However, parties are encouraged to adhere to the directions set out in sub-paragraph (2) if the application will be contested. In the event that this is not done, the Judge may adjourn the hearing to enable the filing of written submissions or bundle of authorities if appropriate.
(6) For any special date hearing before a Registrar, any party who wishes to rely on written submissions at the hearing is required to comply with sub-paragraph (2).
(7) This paragraph does not apply to any hearings for which specific directions on the filing of written submissions or bundle of authorities are provided for in these Practice Directions.
128. Citation of written judgments
(1) Solicitors who wish to cite a judgment as authority in support of their oral or written submissions must adhere to the following directions. These directions are intended to provide guidance to solicitors as to:
(a) the extent to which it is necessary to rely on local and foreign judgments in support of their case; and
(b) the practice of citing such judgments.
Use of judgments as authorities in submissions
(2) Solicitors who cite a judgment must state the proposition of law that the judgment establishes and the parts of the judgment that support that proposition. Such statements should not excessively add to the length of the submission but should be sufficient to demonstrate the relevance of that judgment to the argument made. Where solicitors wish to cite more than two judgments as authority for a given proposition, there must be a compelling reason to do so, and this reason must be provided in submissions.
(3) The Court will also pay particular attention to any indication in the cited judgment that the judgment:
(a) only applied decided law to the facts of the particular case; or
(b) did not extend or add to the existing law.
Use of judgments from foreign jurisdictions
(4) Judgments from other jurisdictions can, if judiciously used, provide valuable assistance to the Court. However, where there are in existence local judgments which are directly relevant to the issue, such judgments should be cited in precedence to foreign judgments. Relevant local judgments will be accorded greater weight than judgments from foreign jurisdictions. This will ensure that the Courts are not unnecessarily burdened with judgments made in jurisdictions with differing legal, social or economic contexts. In addition, solicitors who cite a foreign judgment must:
(a) draw the attention of the Court to any local judgment that may be relevant to whether the Court should accept the proposition that the foreign judgment is said to establish; and
(b) ensure that such citation will be of assistance to the development of local jurisprudence on the particular issue in question.
Citation practice
(5) Solicitors who cite a judgment must use the official series of the law report(s) or, if the official series is not available, any other law report series in which the judgment was published. Solicitors should refrain from referring to (or including in the bundle of authorities) copies of judgments which are printed out from electronic databases, unless:
(a) such judgments are not available in any law report series; or
(b) the print-outs are the exact copies of the judgments in the law report series.
The following are examples of law reports that should be used for citation:
| Jurisdiction | Law Reports (in order of preference) |
|---|---|
(i) Singapore | 1. Singapore Law Reports (2010 – ) (SLR current series) |
2. Singapore Law Reports (Reissue) (SLR (R)) | |
3. Singapore Law Reports (1965–2009) (SLR 1965–2009) | |
4. Malayan Law Journal (MLJ) | |
(ii) Malaysia | Malayan Law Journal (MLJ) |
(iii) England & Wales | 1. Law reports published by the Incorporated Council of Law Report (e.g. Queen’s Bench (QB), Appeal Cases (AC), Chancery (Ch), Family (Fam), Probate (P) |
2. Weekly Law Reports (WLR) | |
3. All England Law (All ER) | |
(iv) Australia | 1. Commonwealth Law Reports (CLR) |
2. Australian Law Reports (ALR) | |
(v) Canada | 1. Supreme Court Reports (SCR) |
2. Federal Court Reports (FC) | |
3. Dominion Law Reports (DLR) | |
(vi) New Zealand | New Zealand Law Reports (NZLR) |
(6) Solicitors should, where possible, make specific citations by referring to the paragraph number of the judgment, and not to the page number of the judgment or report. For consistency, square brackets ([xx]) should be used to denote paragraph numbers. The paragraph mark (¶) should no longer be used.
The neutral citation system for local judgments
(7) A neutral citation is a court-approved system of citation which is independent of the series of law reports or other publication, and unique to each written judgment. Each written judgment from a particular level of court is assigned a sequential number, starting from 1 at the beginning of each calendar year. The application of the system is as follows:
(a) Cases reported in the Singapore Law Reports must be cited using their Singapore Law Reports citations, in priority to their neutral citations.
(b) Unreported decisions must be cited using their neutral citations.
(8) Court designators
| Court | Neutral citation |
|---|---|
Singapore Court of Appeal | SGCA |
Singapore High Court (Appellate Division) | SGHC(A) |
Singapore High Court (before 2 January 2021) or Singapore High Court (General Division) (on or after 2 January 2021) | SGHC |
Family Division of the High Court | SGHCF |
Singapore Family Courts | SGFC |
Singapore Youth Courts | SGYC |
Singapore District Court | SGDC |
(9) Example and explanation
ABC Co Pte Ltd v XYZ Co Ltd [2015] SGFC 25, at [3], [8].
Year of the decision [2015]
Level of Court SGFC (Singapore Family Courts)
Sequential Number 25 (twenty-fifth written judgment rendered by the Family Court in 2015)
Paragraph Number(s) Paragraphs 3 and 8 of the judgment
Ancillary provisions
(10) The Court in exercising its discretion as to costs may, where appropriate in the circumstances, take into account the extent to which a solicitor has complied with this paragraph.
(11) It will remain the duty of a solicitor to draw the attention of the Court to any judgment he or she is aware of, not cited by an opponent, which is adverse to the case being advanced.
13C: Consents
129. Consent orders
(1) To consent to the other party’s originating application or summons, a party shall provide his or her consent in the relevant form.
(2) When an agreement has been reached between the parties and the terms of the agreement are different from the orders sought in the originating application or summons, the parties shall state the terms of the agreement and provide their consent in the relevant form.
(3) If a party is not represented by a solicitor and the other party is represented, the unrepresented party’s consent shall contain the following endorsement:
“I acknowledge that I have considered this application and have been informed by the other party’s lawyer of my right to seek independent legal advice.”
Recording of consent orders
(4) For the convenience of parties and to expedite the recording of consent orders agreed between parties, parties can apply for the grant of a consent order:
(a) before any Judge sitting in case conference for that case;
(b) before a Duty Judge;
(c) before any Judge-Mediator; or
(d) via correspondence,
in addition to seeking such orders at hearings.
Recording a consent order in the manner set out in sub-paragraphs (4)(a) to (c)
(5) Parties shall file the Draft Ancillary Reliefs Order or the relevant consent form in the Electronic Filing Service at least 5 working days prior to the appearance in sub-paragraphs (4)(a) to (c).
(6) If the Draft Ancillary Reliefs Order or the relevant consent form has not been electronically filed in the Electronic Filing Service by the time of the appearance, a physical copy of the Draft Ancillary Reliefs Order or the relevant consent form bearing the signature of both parties or their solicitors must be submitted in Court for the approval of the Court during the appearance before the Judge.
Recording a consent order in the manner set out in sub-paragraph (4)(d)
(7) Parties shall file the Draft Ancillary Reliefs Order or the relevant consent form in the Electronic Filing Service and request for an order in terms of the same via correspondence to the Court.
(8) The Court may consider and approve the terms of agreement submitted by the parties, and grant an order in terms of the same before the next date of appearance in Court. The next date of appearance in Court will then be vacated thus obviating the need for the parties to attend in Court for the sole purpose of recording the consent order. In such a situation, the Court will notify parties of the grant of the consent order through a Registrar's Notice.
13D: Evidence – Witnesses, Affidavits and Exhibits
130. Definitions
Where the words and phrases defined in Part 15, Rule 22 of the Family Justice (General) Rules 2024 are used in this Part 13D, they shall have the same meaning as defined in Part 15, Rule 22 of the Family Justice (General) Rules 2024, unless otherwise specified.
131. Witnesses
Release of witness upon completion of evidence
(1) Every witness will be released by the Court upon completion of his or her evidence and it is the duty of a solicitor to apply to the Court if the solicitor desires the witness to remain.
Request for Registrar to produce document or Court’s records
(2) A request to produce a document filed in Court or the Court’s records pursuant to Part 15, Rule 5(15) of the Family Justice (General) Rules 2024 must be made in Form 109 of Appendix A of these Practice Directions.
132. Giving of evidence by person outside Singapore through live video link or live television link in any proceedings (other than proceedings in a criminal matter)
(1) Any application for permission for any person outside Singapore to give evidence by live video link or live television link in any proceedings (other than proceedings in a criminal matter) must be made expeditiously and, in any case, unless the Court otherwise directs, not later than 4 weeks before the date of commencement of the hearing at which the person is to give evidence. The application may also contain a prayer for the issue of a letter of request, to the relevant authorities of a foreign jurisdiction, for permission for evidence to be given by live video link or live television link by a person located in that jurisdiction, if the laws of that jurisdiction require the issue of such a letter of request.
(2) A party applying for permission for any person outside Singapore to give evidence by live video link or live television link must take note of the relevant legislation and requirements in force in the foreign country or territory where the person is giving evidence. Certain countries or territories may impose prohibitions against, restrictions on, or requirements to obtain permission for or relating to, the giving of evidence by a person in that country or territory for court proceedings in a different country or territory. The party applying for permission must make all necessary enquiries, and take all necessary steps, to ensure that the foreign country or territory where the person is giving evidence raises no objection, to the giving of evidence in that country or territory for court proceedings in Singapore. This may be done by any means that the party considers appropriate, including:
(a) obtaining advice from a foreign lawyer qualified to advise on the laws of the relevant foreign country or territory;
(b) making enquiries with the relevant authorities; or
(c) obtaining permission from the relevant foreign country or territory, in accordance with any applicable procedure, for evidence to be given by a person located in that country or territory through a live video link or live television link, if such permission is required.
(3) The necessary enquiries and steps referred to at sub-paragraph (2) must be made prior to the application referred to at sub-paragraph (1) and evidence of the enquiries and steps taken must be given in the supporting affidavit to the application.
(4) An application to the Family Division for the issue of a letter of request, to the relevant authorities of a foreign jurisdiction, for permission for evidence to be given by live video link or live television link by a person located in that jurisdiction, if not contained in an application mentioned in sub-paragraph (1), must be made expeditiously and, in any case, unless the Court otherwise directs, not later than 8 weeks before the date of commencement of the hearing at which the person is to give evidence. In this regard, parties should write to the Family Justice Courts at the earliest possible juncture to inform the Court of their intention to take out such an application in the Family Division.
(5) To avoid doubt, the proceedings mentioned in sub-paragraph (1) include all civil and quasi-criminal proceedings involving the examination of any person.
133. Form of affidavits
(1) In addition to the requirements under Part 15, Rule 24 of the Family Justice (General) Rules 2024, affidavits should comply with the requirements set out in this Practice Direction.
(2) When filing affidavits through the Electronic Filing Service for use during a hearing of an interlocutory application, the summons number of the interlocutory application must be provided in the Electronic Filing Service in addition to the case number of the suit or matter.
(3) Affidavits shall have a blank margin of not less than 35mm wide on all 4 sides of each page.
(4) The text of the affidavits, as opposed to the exhibits, must be printed or typed and doubled-spaced on white paper.
(5) The following information must be typed or printed in a single line at the top right hand corner of the first page of every affidavit:
(a) the party on whose behalf the affidavit is filed;
(b) the name of the maker of the affidavit;
(c) the ordinal number of the affidavit in relation to the previous affidavits filed in the cause or matter by the maker of the affidavit;
(d) the date the affidavit is to be filed; and
(e) whether the affidavit has been filed in respect of a contested divorce (“CD”), uncontested divorce (“UD”), summons (“SUM”), ancillary matters (“AM”) or originating application (“OA”) hearing, and if the affidavit is filed in respect of a summons hearing, it shall state the number of the said summons, where the number is available.
For example:
“Respondent: Tan Ah Kow: 4th: 15.4.2024: AM hearing”; and “Respondent: Tan Ah Kow: 4th: 15.4.2024: SUM hearing: SUM no. 1234 of 2024".
(6) Every page of the affidavit must be paginated consecutively, and the page number must be inserted at the centre top of each page of the affidavit other than the exhibits and separators. Exhibits and separators must be paginated in accordance with paragraph 136(3).
Hard copy affidavits
(7) Affidavits shall be on A4-ISO paper of durable quality.
(8) Affidavits of 30 pages or less (including exhibits and dividing and backing sheets) may be stapled firmly at the top left hand corner of the paper. Any affidavit (including exhibits, dividing and backing sheets) exceeding 30 pages must be bound with plastic ring binding or plastic spine thermal binding (the plastic rings or spines to be red for applicants / appellants, and blue for respondents) with a transparent plastic cover in front and at the back.
(9) Unless otherwise directed by the Court, hard copies of affidavits shall be printed on both sides of each page.
134. Forms that are deemed to be affidavits
Pursuant to Part 15, Rule 36(1) of the Family Justice (General) Rules 2024, the following forms are deemed to be affidavits:
(a) Form 64: Application Form (Simplified MCA)
(b) Form 61: Affidavit (Doctor’s Affidavit)
135. Non-documentary exhibits to affidavits
(1) Non-documentary exhibits (e.g. CD-ROM, samples of merchandise, etc.) must be clearly marked with the exhibit mark in such a manner that there is no likelihood of the exhibit being separated or misplaced. The affidavit should indicate that the exhibit in question is a non-documentary exhibit and refer to it according to the relevant exhibit number.
(2) Where the exhibit consists of more than one item (e.g. CD-ROMs in a box), each and every such separate item of the exhibit must similarly be separately marked with the usual exhibit marks to ensure precise identification.
(3) Where it is impracticable to mark on the exhibit itself, such exhibit or its container must be tagged or labelled with the exhibit mark securely attached to the exhibit or its container in such a manner that it is not easily removable.
(4) Very small non-documentary exhibits must be enclosed or mounted in a sealed transparent container and tagged or labelled as referred to in sub-paragraph (3). An enlarged photograph showing the relevant characteristics of such exhibits must, where applicable, be exhibited in the affidavit.
136. Documentary exhibits to affidavits
(1) Every page of every exhibit must be fully and clearly legible. Where necessary, magnified copies of the relevant pages should be inserted in appropriate places.
More than 10 documentary exhibits
(2) When there are more than 10 different documentary exhibits in an affidavit:
(a) a table of contents of the documentary exhibits (enumerating every exhibit in the affidavit) must be inserted before the first exhibit in the manner of the example set out below:
| Reference in affidavit | Nature of exhibit | Page no. |
|---|---|---|
“TAK-1” | Certificate of marriage | 6 |
“TAK-2” | Certificate of birth | 7 |
and
(b) the exhibits must be set out in the sequence in which reference is made to them in the affidavit.
Pagination
(3) Every page of the exhibits, including cover pages, dividing sheets or separators between exhibits, must be consecutively numbered at the top right hand corner of each page, following from the page numbers of the text of the affidavit (i.e. the first page of the exhibits must take the page number following the last sheet of the text of the affidavit). The page number of the affidavit must correspond to the page number in the Portable Document Format (PDF) version that is filed through the Electronic Filing Service.
Dividing sheets
(4) The exhibits in an affidavit must be prefaced by a dividing sheet, marked, typed or stamped clearly with an exhibit mark and including the certificate of the commissioner for oaths required under Part 15, Rule 33(5) of the Family Justice (General) Rules 2024 as follows:
“This is the exhibit marked [letter of the alphabet or a number] referred to in the affidavit of [name of the maker of the affidavit] and sworn/affirmed before me this [date on which the affidavit is affirmed]
Before me,
SGD
A Commissioner for Oaths”
Bookmarks
(5) This sub-paragraph only applies to documentary exhibits to affidavits that are filed through the Electronic Filing Service. Each exhibit in the affidavit must be separately bookmarked in the Portable Document Format (PDF) document that is filed. The names of the bookmarks should follow the initials of the maker of the affidavit, e.g. “TAK-1”, “TAK-2”.
Tags
(6) This sub-paragraph only applies to documentary exhibits to affidavits that are not filed through the Electronic Filing Service. Each exhibit in the affidavit must be flagged by means of a plastic tag, marked in accordance with the exhibit reference and such flags shall run vertically down the right edge of the exhibits evenly spaced out so as not to overlap one another. The table of contents itself shall bear the top most flag, marked “TABLE”.
Numbering
(7) Where a person affirms more than one affidavit with exhibits in the same action, the numbering of the exhibits in all subsequent affidavits must run consecutively throughout, and not begin again with each affidavit. For instance, where a person in his or her first affidavit has marked two exhibits as “TAK-1” and “TAK-2”, the first exhibit in his or her second affidavit should be marked as “TAK-3” instead of “TAK-1”.
References to exhibits in text of affidavit
(8) Where the text of an affidavit makes reference to a documentary exhibit, the page number(s) of the affidavit where the relevant portions of the documentary exhibit can be found should be set out alongside the number of the exhibit in question.
References to exhibits in other affidavits
(9) Where the maker of the affidavit wishes to refer to documents already exhibited to another person’s affidavit, he or she must exhibit them to his or her own affidavit pursuant to Part 15, Rules 33(1) to (3) of the Family Justice (General) Rules 2024.
Related documents
(10) Related documents (e.g. correspondence and invoices) may be collected together and collectively exhibited as one exhibit arranged in chronological order, beginning with the earliest at the top, paginated in accordance with sub-paragraph (3), and the exhibit must have a front page showing a table of contents of the items in the exhibit.
137. Affirming and signing of affidavits in Singapore before, and completing of attestation by, commissioner for oaths through live video link or live television link
(1) A remote communication technology mentioned in Part 15, Rule 28(1) of the Family Justice (General) Rules 2024 must be capable of creating a live video link or live television link through which a commissioner for oaths is able to do all the things mentioned in Part 15, Rule 28(3) of the Family Justice (General) Rules 2024.
(2) For the purposes of Part 15, Rule 28(2) of the Family Justice (General) Rules 2024, the maker of the affidavit and the commissioner for oaths may sign the affidavit electronically by applying a security procedure that results in a secure electronic signature under section 18 of the Electronic Transactions Act 2010.
(3) Where an affidavit is made pursuant to Part 15, Rule 28 of the Family Justice (General) Rules 2024, the affidavit should be made, as far as possible, as if the maker of the affidavit were appearing before the commissioner for oaths in person, and the attestation must state that the affidavit was affirmed and signed in Singapore with the maker of the affidavit appearing before the commissioner for oaths through a live video link or live television link, or that the affidavit was signed by the maker of the affidavit and / or the commissioner for oaths electronically in Singapore, or both, as the case may be.
138. Affirming of documents by persons who do not understand English, are illiterate or blind
(1) Rule 8 of the Commissioners for Oaths Rules restricts solicitors who are appointed as commissioners for oaths to taking affidavits or statutory declarations, or administering oaths, for persons who speak and understand English, or, in the solicitor’s discretion, for persons who speak and understand a language or dialect other than English in which the solicitor is proficient.
(2) Solicitors are requested to encourage their clients to use the services of other solicitors who are appointed commissioners for oaths and who are proficient in the language or dialect in which the documents are to be affirmed, or in which the oaths are to be taken. The Family Justice Courts’ commissioners for oaths will continue to take affidavits or statutory declarations and administer oaths for legally aided cases and for parties who are acting in person who need to file documents in the Family Justice Courts. If arrangements for the use of the services of solicitors who are appointed as commissioners for oaths are not possible, persons who are blind or illiterate in English may continue to be brought by solicitors to the Family Justice Courts’ commissioners for oaths to affirm documents.
(3) As commissioners for oaths are under a duty to ensure that the maker of the affidavit understands the document being affirmed, where the maker of the affidavit is not able to understand English, is illiterate or blind, the commissioner for oaths is obliged to ensure that the following requirements under Part 15, Rule 30 of the Family Justice (General) Rules 2024 are met:
Safeguards for persons who do not understand English, are illiterate or blind (P. 15, r. 30)
30. Where the maker of an affidavit is not able to understand English or is illiterate or blind, the commissioner for oaths must certify on the affidavit that —
(a) the affidavit was read in the presence of the commissioner for oaths to the maker in a language or dialect that the maker understands;
(b) the person who did the translation was competent to do so;
(c) the maker indicated that he or she understood the affidavit and confirmed its contents; and
(d) the maker signed or placed his or her fingerprint willingly in the presence of the commissioner for oaths to affirm the affidavit.
(4) Sub-paragraph (3) also applies to persons who do not understand English, are illiterate or are blind, and who are brought before a Family Justice Courts’ commissioner for oaths. In such a case, the necessary steps referred to in Part 15, Rule 30 of the Family Justice (General) Rules 2024 may take a considerable time and may cause long delays for other persons who wish to take affidavits or statutory declarations before the Family Justice Courts’ commissioner for oaths.
(5) Accordingly, solicitors who wish to bring such persons before the Family Justice Courts’ commissioners for oaths should first estimate the time that will be taken to interpret or read the documents to be affirmed. If it is estimated that the total time required for interpretation or reading of the documents will be more than 20 minutes, the solicitor must write to the Registrar and arrange for a special appointment for the documents to be affirmed. The solicitor should not bring the intended maker of the affidavit before the duty commissioner for oaths without such an appointment.
(6) If such a person is brought before the duty Family Justice Courts’ commissioner for oaths and the interpretation or reading of the documents takes more than 20 minutes, the commissioner for oaths will refer the solicitor and the intended maker of the affidavit to the Registrar for a special appointment to be made for the documents to be affirmed.
(7) Save in exceptional circumstances, the Family Justice Courts will not entertain requests from solicitors for its commissioners for oaths to take affidavits or statutory declarations or administer oaths for persons outside the Family Justice Courts’ premises. Solicitors appointed as commissioners for oaths and who are proficient in the language or dialect in which the documents are to be affirmed, or in which oaths are to be taken, are instead encouraged to perform this function.
139. Effect of non-compliance
Any affidavit or exhibit which does not comply with the directions contained in this Part 13D may be rejected by the Court and made the subject of an order for costs. This requirement does not apply to non-compliance caused by the IELS technical limitations.
140. Objections to the contents of affidavits of evidence-in-chief
(1) Objections to the contents of affidavits of evidence-in-chief under Part 15, Rule 16(6) of the Family Justice (General) Rules 2024 must be taken by filing and serving a notice in Form 101 of Appendix A of these Practice Directions.
(2) The notice in Form 101 should set out all the objections to the contents of affidavits of evidence-in-chief that will be raised at the hearing of the cause or matter and all the grounds of the objections.
(3) An adjudication on the material objected to in affidavits of evidence-in-chief filed pursuant to an order of Court should only be sought at the trial or hearing of the cause or matter for which the affidavits of evidence-in-chief were filed, and not before. If an adjudication is sought prior to the trial or hearing of the cause or matter, the application for the adjudication will be adjourned to be dealt with at the trial or hearing of the cause or matter, and the applicant may be ordered to pay the costs of the adjournment.
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