Summary
The Civil Litigation Process in Singapore
Triangle Legal LLC is a leading civil litigation law firm in Singapore with expert civil litigation lawyers to help you assess your case and present a cost-effective and impactful strategy to help you navigate the Civil Litigation Process. Contact us now for a complimentary and confidential discussion about your case.
Navigating the legal system can be daunting, especially when faced with the prospect of a lawsuit. Whether you are considering initiating legal action by way of a civil claim, or have been served with a legal document, understanding the civil litigation process in Singapore is crucial. This guide aims to demystify the steps involved, providing clear, actionable insights for individuals and businesses on how to sue someone or a company in Singapore.
What is Civil Litigation?
Civil litigation is a legal process where parties involved in a dispute present their case in a court of law to resolve disputes by enforcing their legal rights and responsibilities. It involves a claimant (the party that is suing) and a defendant (the party being sued), and the process is overseen by a judge. In Singapore, your civil claim and litigation can take various forms, including civil litigation, which typically involves personal or non-commercial disputes, and commercial litigation, which deals with business-related conflicts such as contract breaches or shareholder disagreements.
Want to sue someone or start a lawsuit? Facing a lawsuit? Want to start a civil claim? Civil litigation in Singapore follows a structured and strategic process designed to resolve disputes efficiently while ensuring fairness to all parties involved. Learn how civil litigation lawyers can help you in your lawsuit. Below is a comprehensive breakdown of each stage:
A. Pre-Action Stage: Letter of Demand
Before formally initiating a lawsuit, there are crucial pre-action steps that can help resolve disputes amicably and efficiently.
Send a letter of demand
Before initiating formal proceedings or start a lawsuit, the claimant typically issues a Letter of Demand (LOD). This document outlines the nature of the dispute, the legal basis of the claim, the remedy sought (e.g., payment, performance, or cessation of an act), and a deadline for the recipient to respond or comply. This step is crucial as it demonstrates the claimant’s intent to resolve the matter amicably and may influence cost recovery later in the litigation.
Try Mediation
Singapore courts strongly encourage mediation as a first step. Mediation is a meeting with a neutral third party (a mediator) to negotiate a solution. It is a consensual process where both parties agree to openly discuss the dispute with a view to resolving it amicably. Benefits include cost-effectiveness, speed, and privacy compared to court proceedings.
B. Commencement of Proceedings
If the dispute is not resolved, the claimant may commence legal proceedings or a lawsuit by filing an Originating Claim (OC) or an Originating Application (OA) together with a statement of claim. An Originating Claim is used when factual disputes require witness testimony and cross-examination, while an Originating Application is used when the matter is primarily legal in nature and can be resolved through affidavits and legal submissions. The claim must be filed with the appropriate court and served on the defendant, who is then required to file a response within a specified timeframe. Court proceedings are governed by the Rules of Court 2021.
The appropriate court depends on the value of the claim:
- Magistrate’s Court
Up to S$60,000 - District Court
S$60,001 to S$250,000 - General Division of the High Court
Above S$250,000
Filing in the correct court ensures that the case is heard efficiently and cost-effectively.
Legal claims must be filed within specific time limits, known as limitation periods. These vary depending on the nature of the claim as follows:
- Contract and tort claims – 6 years from the date the cause of action arose
- Personal injury claims – 3 years from the date of injury or when the injury was discovered
Common Mistake: Filing in the wrong court delays your case or failing to file within the limitation period may result in the claim being barred.. Always consult a lawyer if unsure.
C. Pleadings and Framing of Issues
This stage involves the exchange of formal documents that define the scope of the dispute. The Statement of Claim is filed by the claimant to set out the facts and legal basis of the claim. The Defence is the defendant’s response, including any denials or admissions. A Reply is optional and used to address new issues raised in the Defence but leave of Court is needed before a Reply can be filed. A Counterclaim is filed if the defendant has a claim against the claimant. These documents help the court and parties understand the key issues to be resolved.
D. Filing and Service of Documents
Once the originating process is filed, the court issues a sealed copy of the claim. The claimant must serve this on the defendant personally or via substituted service (e.g., email, post, Whatsapp, or newspaper advertisement if personal service is not possible). The defendant must respond with a Notice of Intention to Contest within 14 days and a Defence within 21 days of service, and the defendant may also file a Counterclaim if applicable.
Default Judgment: If they ignore the service of court documents, you can ask the court for a default judgment (which is an automatic win)
E. Case Conferences and Timetable Management
The court will convene Case Conferences to set timelines for the next steps, encourage settlement through alternative dispute resolution, and ensure the case is progressing efficiently. The court may also direct parties to attend mediation or neutral evaluation at this stage. A lawyer will represent you and attend these case conferences on your behalf.
F. Disclosure of Documents (Discovery)
In this phase, both sides share evidence (e.g., agreements, text messages, email communication, photos) that support their respective cases. These are called evidence
Each party must disclose all documents relevant to the case and in their possession, including those that may be adverse to their position. This ensures transparency and allows both sides to prepare their arguments based on the full factual matrix. There are two main types of disclosure: General Disclosure, which includes all documents relevant to the issues, and Specific Disclosure, which includes documents requested by the other party that are not included in general disclosure.
Challenge: Organizing piles of evidence. A lawyer can help sort what's important.
G. Interlocutory Applications
Before trial, parties may file interim applications to resolve procedural or substantive issues. Briefly, common applications include Summary Judgment, where the claimant believes there is no defence to the claim and seeks a judgment at an early stage; Striking Out, to remove parts of a claim or defence that are frivolous or irrelevant; Further and Better Particulars, to clarify vague pleadings; and Security for Costs, to ensure the claimant can pay the defendant’s costs if the claim fails. These applications are usually heard by a judge in chambers. The winning party may be entitled to certain payments from the losing party in such applications, known as costs.
H. Trial Preparation
As the trial approaches, parties must file affidavits of evidence-in-chief (AEICs) for all witnesses, prepare bundles of documents, set down bundle and opening statements, and attend pre-trial conferences to confirm readiness. The court may also issue directions on the conduct of the trial, including time limits and witness order.
I. Trial
The trial is the formal hearing where both parties present their cases. It typically involves opening statements by counsel, examination-in-chief, cross-examination, and re-examination of witnesses, legal submissions on the facts and law, and questions from the judge to clarify issues. The trial may last from a day to several weeks, depending on complexity.
J. Judgment
After the trial, the judge will deliver a decision, either orally or in writing. The judgment may include damages (compensation for losses), injunctions (orders to do or refrain from doing something), declaratory relief (a formal statement of legal rights), and costs orders (directing one party to pay the other’s legal costs).
K. Enforcement of Judgment
If you win your lawsuit, the court will issue a judgment. If the losing party fails to comply, you may need to take enforcement proceedings. Options to enforce the judgment include:
L. Appeals
A party dissatisfied with the judgment may appeal to a higher court. Appeals must be filed within a strict timeframe and are generally limited to legal or procedural errors. The appellate court may affirm, reverse, or vary the original decision.
M. Alternatives to Litigation
Litigation is not always the best or only option. Alternative dispute resolution (ADR) methods include mediation, where a neutral third party facilitates a mutually acceptable settlement; arbitration, a private process where an arbitrator makes a binding decision; and neutral evaluation, where an expert provides a non-binding opinion on the likely outcome. ADR can be faster, more cost-effective, and confidential.
FAQs
1. What should I do when I receive a Letter of Demand in Singapore?
If you receive a Letter of Demand (LOD) in Singapore, do not ignore it. A LOD is a formal legal notice—usually from a law firm—requesting payment or action over disputes such as unpaid debts, breach of contract, tenancy issues, or employment matters. It often signals that the sender may escalate the case to civil litigation or the Small Claims Tribunal if unresolved.
First, review the contents carefully and assess the claim’s validity using your records. Then, seek prompt advice from a civil litigation lawyer in Singapore. A lawyer can help you respond formally, negotiate a settlement, or defend against unfair claims. Timely action can prevent unnecessary legal costs or default judgments.
2. Legal Fees are expensive, can I ignore Court documents?
If you receive court documents such as an Originating Claim or Originating Application, you should never ignore these documents as you may end up paying more in the long run. If you ignore court documents, a claimant may be able to obtain default judgment against you after the stipulated timelines. Thereafter, a claimant may move to bankrupt you and seize your assets. By then, it will cost more time and money to set aside the default judgment and prevent enforcement action. Hiring a trusted lawyer to advise you from the beginning will save you time, effort and money in responding to your claim and defending yourself.
3. I have gotten judgment, how can I get my money back?
You will have to engage a civil lawyer to assist with the enforcement process, which can be in the form of:-
- a writ of seizure and sale, to seize the defendant’s assets for sale;
- a garnishee order, to seize the defendant’s monies; and
- bankruptcy proceedings for individuals and winding up for companies.
4. How long does a lawsuit typically take in Singapore?
The duration of a lawsuit varies greatly depending on its complexity and whether it is contested. While some cases can resolve quickly through settlement or default judgment, contested civil court proceedings can take 6-12 months or longer.
5. What is "time-bar" and how does it affect my case?
"Time-bar" refers to the limitation period within which you must initiate a claim. Once your right to initiate a claim arises, it must be exercised within this limitation period or it will become time-barred (i.e., unenforceable). For common lawsuits:
6. Can I sue someone who is not in Singapore?
It is usually only worth suing an overseas defendant if they have assets in Singapore that you can enforce a judgment against. Our firm is experienced in navigating varying jurisdictions and international legal complexities, leveraging cross-border enforcement treaties for international debt recovery.
7. Can I settle a lawsuit before going to court?
Yes, exploring settlement options is often advisable and can save time and resources. Mediation and negotiation are encouraged as alternatives to litigation.
8. What if You Are Sued in Singapore?
Receiving a legal notice, typically a , can be overwhelming. Ignoring it can lead to a default judgment against you, with severe consequences.
- Seek Legal Defense Immediately: Your first course of action should be to seek legal defense in Singapore. An experienced lawyer can help you understand the claims and outline your options.
- Responding to the Lawsuit: Your lawyer will help you prepare a formal response, typically a Notice of Intention to Contest, which you usually have 14 days to file after being served.
- Gather Evidence: Work closely with your lawyer to gather all relevant documents, emails, contracts, and any other material that may support your case.
- Explore Settlement Options: It is essential to weigh the pros and cons of settling versus going to trial. Discuss these options thoroughly with your legal defense team to make an informed decision.
9. Understanding Legal Costs in Singapore
The cost of a lawsuit can vary significantly depending on its complexity and duration.
- Court Fees: These are standard fees charged by the courts for filing documents and other procedures.
- Lawyer Fees: These can be structured as fixed fees for straightforward cases or hourly rates for more complex matters.
- Hidden Costs: Be aware of potential additional costs such as process servers or expert witnesses (e.g., doctors or accountants). Always ask your lawyer for a cost estimate upfront.
- "Costs Follow the Cause": In civil litigation in Singapore, the general principle is "costs follow the cause". This means the losing party is typically responsible for paying a sum to cover the legal costs of the victorious party. The court may assess these costs, which can include legal fees and other expenses.
Why Choose Triangle Legal
Suing someone in Singapore doesn't have to be confusing. By understanding the steps—from a letter of demand to trials—you can make informed decisions. At Triangle Legal LLC, we are here to guide you with patience and expertise, turning legal complexities into clear action steps. Our experienced civil litigation lawyers are prepared to advocate strongly for your rights, whether you are initiating a claim or defending against one. Contact us for a consultation to discuss your specific situation.
At Triangle Legal LLC, we are a law firm in Singapore and more than just legal representatives—our civil litigation lawyers are your strategic partners in resolving disputes and guiding you through the litigation process. Our clients choose us because we provide clear, practical legal advice tailored to your situation, transparent and predictable fee structures, and a client-focused approach that prioritises your goals. If you're facing a legal dispute, don’t navigate it alone. Contact us today for a consultation and let us help you move forward with clarity and confidence.
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📞 +65 9247 3935
