File an interlocutory application (from 1 April 2022)

Note

This page is for matters that the Rules of Court 2021 apply to. For content relating to matters that the Rules of Court 2014 apply, click here.

If you are uncertain as to which version of the Rules of Court applies to your matter, click here.

Pursuant to O 9 r 9(7) of ROC 2021, no application may be taken out by any party at any time other than as directed at the case conference or with the Court’s approval except an application for –

(a) an injunction or a search order which may include an application for any other matter if it is incidental to the injunction or search order;
(b) substituted service;
(c) service out of Singapore;
(d) setting aside service of an originating process;
(e) judgment in default of a notice of intention to contest or not
contest an originating claim;
(f) judgment in default of defence;
(g) summary judgment;
(h) striking out of the whole of an action or defence;
(i) stay of the whole action;
(j) stay of enforcement of a judgment or order;
(k) an enforcement order;
(l) permission to appeal;
(m) transfer of proceedings under the State Courts Act;
(n) setting aside third party proceedings; or
(o) permission to make an application for a committal order.

Note

About interlocutory applications

Before a case is ready for trial, parties involved in a civil case may make other applications to the court to further the preparation of their case during the pre-trial stages. These are known as interlocutory applications.

Interlocutory applications can be heard without notice (with no other parties being served with the application) or with notice (with one or more parties being served with the application).

Refer to the following for examples of interlocutory applications parties may file.

Type of application	What it does
Application for the production of documents	This seeks an order for parties to disclose relevant documents in their possession, custody or power.
Application for amendment	This seeks an order for (permission) to amend a document filed in the proceedings.
Application for judgment for failing to file notice of intention to contest or not contest / when notice of intention not to contest all or some claims is filed	This seeks an order to enter judgment against a party who fails to file and serve within the prescribed time limits or states in the notice that the party does not intend to contest all or some of the claims.
Application for summary judgment	This seeks an order for permission to enter judgment summarily against the party against whom the claim is made (the defendant) without trial, on the ground (reason) that the defendant has no defence to a claim.
Application for dismissal of an action for want of prosecution	This seeks an order dismissing the claim when the party filing the claim (the claimant) has been guilty of an excessive and inexcusable delay in the prosecution of the action.
Application for striking out a party's pleadings	This seeks an order to strike out a pleading. The usual grounds (reasons) may be any of the following: It discloses no reasonable cause of action or defence. It is an abuse of the process of the court. It is in the interest of justice to do so.
Application for provision of further and better particulars	This seeks an order requiring a party to provide further and better particulars of pleadings.
Application for the provision of security for costs	This seeks an order for the claimant to provide security for the defendant's cost in defending the action.

What you will need

In general, an interlocutory application begins when a party files a summons together with an affidavit to support it.

You should prepare the following before you file:

The summons in accordance with Forms 1 or 2 in Appendix A of the Supreme Court Practice Direction 2021 or Appendix A2 of the State Court Practice Direction 2021, or another form specified in the relevant provision of the Rules of Court.
- The summons should set out the directions or orders which you wish to obtain from the court.
The affidavit.
- The affidavit should set out the facts in support of the application.
- Find out how to prepare an affidavit.

How to file

You may choose to file the documents personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.

If you are representing yourself, you must file the documents through eLitigation at the LawNet and CrimsonLogic Service Bureau.

You must follow the Rules of Court and the State Court Practice Directions 2021 or the Supreme Court Practice Directions 2021 to prepare your documents before heading down personally to do the filing.

Estimated fees

Refer to the following to find out the possible fees for filing an interlocutory application. You may also refer to the Fourth Schedule of the Rules of Court 2021 for the full list of court fees.

In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.

Item or service	Fees
File a summons for injunctions, summary judgment, striking out a party's pleadings or setting aside of service of an originating process, stay of proceedings, committal	$100
File a summons for single application pending trial	$100
File a summons with Court’s permission subsequent to SAPT (i) First subsequent application (ii) Second subsequent application (iii) Third subsequent application (iv) Fourth subsequent application (v) Any subsequent application	$100 $200 $300 $400 N + $200
File the affidavit	$1 per page subject to minimum fee of $10 per affidavit
Any other summons	$20

Refer to the following for the filing fees if your claim is up to $1 million. In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.

Item or service	Fees
File a summons	$100
File a summons for summary judgment, striking out the whole of a party's pleadings or for a stay of proceedings.	$500
File a summons with Court's permission subsequent to SAPT	$500
File a summons with Court’s permission subsequent to SAPT (vi) First subsequent application (vii) Second subsequent application (viii) Third subsequent application (ix) Fourth subsequent application (x) Any subsequent application	$500 $1000 $1500 $2000 N + $1000 (where N is the fee payable for the last application)
File the affidavit	$2 per page, subject to a minimum fee of $50 per affidavit

Refer to the following for the filing fees if your claim is more than $1 million. In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.

Item or service	Fees
File a summons	$200
File a summons for summary judgment, striking out a party's pleadings or for stay of proceedings	$1000
File a summons with Court’s permission subsequent to SAPT (i) First subsequent application (ii) Second subsequent application (iii) Third subsequent application (iv) Fourth subsequent application (v) Any subsequent application	$1000 $1500 $2000 $2500 N + $1000 (where N is the fee payable for the last application)
File the affidavit	$2 per page, subject to a minimum fee of $50 per affidavit

After you file

Refer to the following to find out what happens after you file a summons with or without notice.

Refer to the following to find out what happens after you file summons without notice in the respective courts.

For Magistrate’s Court and District Court cases

The court may proceed to make orders or issue directions after reviewing the summons without notice along with the accompanying affidavit (if any).

Alternatively, the court may issue directions and schedule a "paper" hearing via eLitigation. In this case, the court may direct parties to file written submissions, supplementary affidavits or documents supporting orders the parties wish to obtain at least 5 working days before the designated "paper" hearing date.

If the required papers are not filed by the stipulated deadline, the application may be struck out, dismissed or ruled against the defaulting party.

After the hearing, parties will be notified of the court's directions or orders by way of a Registrar's Direction.

For General Division of the High Court cases

If you filed a summons without notice, you will be notified via email or SMS on whether the filing of your summons has been accepted.

If the filing of your summons has been accepted, you will have to collect the sealed summons at the LawNet & CrimsonLogic Service Bureau. You may be notified of the outcome of the application if an oral hearing is not required or you may be informed of when you have to attend court on the date of the hearing of the summons without notice.

If you have filed a summons with notice, you will be notified via email or SMS on whether the filing for your summons has been accepted. If the filing of your summons has been accepted, you will have to collect the sealed summons at the LawNet & CrimsonLogic Service Bureau and serve a copy of the sealed summons and the supporting affidavit (if applicable) on the other party.

Depending on the nature of your application, you may:

Need to attend court in person with the other party on the date of the hearing stated in the summons.
- It is during the hearing that the court may make the order you applied for.
- The hearing date and time of your summons will be indicated at the top left hand corner of the sealed summons.
- The court may issue directions on the timelines for the filing and service of reply affidavits (if applicable) and written submissions on the summons before the hearing. Parties should also seek directions at or before the hearing unless parties have agreed upon such timelines and filed all such documents before the hearing.
Not need to physically attend court if the hearing is conducted virtually or asynchronously.
- Find out more about virtual court sessions.
- (If your case is heard in the District Court) Refer to the State Courts Registrar Circular No. 11 of 2020 (which has been extended by the State Courts Registrar Circular No. 10 of 2021) to find out more about asynchronous hearings.

Any party who is not satisfied with the judgment or order given by a registrar on a summons may do the following within 14 days after the judgment or order is given. Refer to the following to find out appeal process:

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more