How does a civil claim proceed in the Singapore courts?

Before anything is filed

A claim usually starts with a review of the facts and documents: what was agreed, what went wrong, and what loss was suffered. The aim is to see whether there is a valid claim supported by evidence, and whether it can be resolved without going to court.

Civil claims started on or after 1 April 2022 are governed by the Rules of Court 2021. Under these rules, each party has a duty to consider resolving the dispute amicably, both before and during proceedings. A party should make an offer of amicable resolution before starting a claim unless it has reasonable grounds not to. In practice this is often done through a letter of demand. A party who unreasonably refuses to try may face adverse costs orders, even if it wins.

Which court will hear the claim

The court depends mainly on the value of the claim. The Magistrate's Court and the District Court together make up the State Courts. Higher-value and more complex cases go to the General Division of the High Court.

• Magistrate's Court: claims of up to S$60,000.
• District Court: claims above S$60,000 and up to S$250,000.
• General Division of the High Court: claims above S$250,000.
• Small Claims Tribunals: certain types of claim up to S$20,000, or S$30,000 if both sides agree (see our separate guide).

Starting the claim

Most claims where the facts are in dispute are started by an originating claim, which replaced the old 'writ of summons'. It is filed electronically together with a statement of claim, which sets out the facts relied on, the legal basis of the claim, and what the claimant is asking for. Older guides that still describe writs of summons reflect the rules before April 2022.

An originating claim is valid for service for three months from the date it is issued. Where the defendant is in Singapore, the claimant should take reasonable steps to serve it within 14 days.

How the defendant responds

A defendant served in Singapore must file a notice saying whether they intend to contest the claim within 14 days of being served with the statement of claim, and a defence within 21 days. A defendant who has their own claim against the claimant can file a counterclaim with the defence.

If a defendant does not respond in time, the claimant may be able to obtain judgment in default, without a trial.

Case management and the road to trial

After a claim is filed, the court holds a case conference and sets the timetable. The court takes an active role in keeping the case proportionate and focused on the real issues. It may also direct the parties to try mediation or another form of settlement discussion.

Under the 2021 rules, each party is generally expected to bring its procedural requests before trial together in a single application, rather than filing a series of separate applications. Parties then exchange documents and witness statements in preparation for trial.

A full trial is usually the last step. Many claims settle along the way, once both sides understand the strengths and weaknesses of their positions.

Judgment and appeal

If the case goes to trial, the judge hears the evidence and arguments and gives judgment, which is binding and enforceable. A party unhappy with the decision may be able to appeal to a higher court, although an appeal adds time and cost.

Getting advice

Timelines in court proceedings are strict, and early decisions about evidence, the right court and settlement can affect the outcome. A lawyer can assess your claim or defence, explain the likely steps and costs, and help you decide whether and how to proceed.