PART 8: DISCLOSURE
91. Inspection of original of document disclosed
92. Voluntary request and disclosure
93. How to provide disclosure
94. Relying on documents / information disclosed through correspondence
91. Inspection of original of document disclosed
A party who wishes to inspect the original of any document disclosed pursuant to Part 9, Rule 15 of the Family Justice (General) Rules 2024 may use the Notice to Inspect in Form 88 of Appendix A of these Practice Directions to make the request. A party who receives a Notice to Inspect shall provide his or her response by completing the part(s) applicable to him or her and sending the duly completed notice to the applying party.
92. Voluntary request and disclosure
(1) Under Part 9, Rule 5 of the Family Justice (General) Rules 2024, a party is not required to issue a request for disclosure before filing a summons for disclosure. However, if a party wishes to issue a voluntary request for disclosure (“the requesting party”) prior to such filing, he or she may do so after being served with the affidavit of the disclosing party to which the disclosure sought relates to.
(2) The process for issuing and responding to a voluntary request for disclosure is as follows:
(a) The requesting party must write to the disclosing party to specify:
(i)the documents and / or information sought; and
(ii)the date by which the disclosing party must respond whether such disclosure will be provided.
(b) The request in sub-paragraph (2)(a) must include the following warning:
This is a request for voluntary disclosure issued by the other party (“the requesting party”). If you agree to disclose any or all of the documents / information sought, the requesting party may rely on your agreement to (i) dispense with the filing of a summons for disclosure and (ii) request that the Court records your agreement as an order of Court.
If you are not represented by a solicitor, you may wish to consult an independent lawyer (not the requesting party’s lawyer) to understand the legal effect of this document.
(c) If the disclosing party agrees to provide full or partial disclosure of the documents / information sought:
(i) the disclosing party must respond by the date specified in sub-paragraph (2)(a)(ii) stating the extent of disclosure he or she is willing to provide, notwithstanding that the actual document and / or information has not yet been provided; and
(ii) the requesting party must file and serve Form 85A of Appendix A of these Practice Directions within 7 days from the date specified in sub-paragraph (2)(a)(ii), to inform the Court of the agreed scope of disclosure.
(3) Parties are to note that when filing Form 85A in the IELS, it is to be filed using the document code “Other Supporting Document” but renamed as “Information on Agreed Voluntary Disclosure”.
(4) Where Form 85A is filed, the requesting party may request that the Court records a consent order for disclosure as per the agreement in Form 85A.
(5) If a party wishes to file a summons for disclosure, he or she must adhere to the timelines prescribed in Part 9, Rule 5(3) of the Family Justice (General) Rules 2024, regardless of whether he or she has issued a voluntary request for disclosure. To avoid doubt, it is not necessary to include in the summons for disclosure the items that the disclosing party has agreed to provide pursuant to the voluntary request and disclosure process in sub-paragraph (2).
93. How to provide disclosure
(1) Where the Court allows or the parties mutually agree, the disclosing party may elect to provide the documents / information by (a) filing and serving a separate affidavit containing the same or (b) correspondence in any agreed manner of communication such as letter or email.
(2) When providing disclosure in any manner, the disclosing party must ensure that the provided documents / information are tagged to the specific item of request. For this purpose, the disclosing party may prepare a List of Disclosure with the following information:
| Item no. (in Court order or disclosure table) | Brief description of information / document required | Documents / information found in pages: |
|---|---|---|
E.g. S/N 1 in Disclosure Table | E.g. Bank account statements for POSB account ending with 1111 | E.g. Pages 56-85 |
94. Relying on documents / information disclosed through correspondence
(1) This paragraph applies where a party, in his or her subsequent affidavits, refers to documents / information which were disclosed only through correspondence.
(2) For clarity, the party in sub-paragraph (1) should:
(a) identify the document / information by specific reference to the relevant correspondence in which the disclosure was made (e.g. S/N 1 in List of Disclosure dated 31 May 2024); and
(b) if appropriate, exhibit the disclosed document / information.
(3) Pursuant to Part 2, Rule 16(5) of the Family Justice (General) Rules 2024, a party must file a Third Ancillary Affidavit to exhibit documents / information disclosed by him or her which are not included in his or her First or Second Ancillary Affidavit but are referred to in the other party’s Second Ancillary Affidavit. To avoid the need to file a Third Ancillary Affidavit, the parties should liaise with each other to ensure that all relevant evidence is included in the Second Ancillary Affidavit as far as possible. For this purpose, a party who intends to rely on the disclosed documents / information given by the other party should give reasonable notice to the other party ahead of the deadline for the Second Ancillary Affidavit. This will allow the other party to include those documents / information in his or her own Second Ancillary Affidavit.
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