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How to respond to a Writ of Summons (simplified civil process)

Find out the different ways you can respond to a Writ of Summons served on you if the simplified civil process applies to your case.

Note

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

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

Note

Before you respond

Before you respond to a Writ of Summons (Writ), make sure you:

Understand the simplified civil process.
Understand the details in the Writ served on you.

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 all documents via eLitigation at the CrimsonLogic Service Bureau.

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

Ways to respond

You can respond to a Writ in the following ways.

The party who filed the claim against you is the plaintiff.

You are the defendant.

Note

If you do not wish to contest the claim, you may contact the plaintiff or their lawyer immediately to try and negotiate a settlement.

This will minimise the legal costs you will have to pay in comparison to if you contest the claim.

Alternatively, you may serve on the plaintiff an Offer to Settle prepared in accordance with Form 33 of the Rules of Court. You should not file an Offer to Settle in court.

If you wish to contest the claim (also known as to defend a claim), you must:

File and send the plaintiff or their lawyers (if any) a Memorandum of Appearance (MOA) in accordance with Form 10 of the Rules of Court within 8 days of service of the Writ (if you are located in Singapore), or within 21 days of service of the Writ (if you are located outside of Singapore).
- The filing of the MOA is also known as entering an appearance.
File and serve a pleading called a defence on the plaintiff within 14 days of the time limited for an appearance.
- If you have a claim against the plaintiff, you should file and serve a defence and counterclaim instead.
- For cases where the simplified civil process applies, when you file and serve a pleading on the other party, you must also file and serve a list of documents prepared in accordance with Form 234 of the Rules of Court.
- A list of documents sets out the documents that a party has in their control, possession or power which are relevant to the case. Examples may include (but not limited to) contracts, loan agreements or letters exchanged between the parties before the dispute arose.

You may also make a counterclaim in the same action if think you have a claim against the plaintiff. In this case, you should be filing a pleading known as the defence and counterclaim.

If you choose not to respond

It is important to respond to a Writ if you wish to contest the claim. The plaintiff may file a request or seek leave (permission) of the court to enter a default judgement against you if you do not:

File and send a copy of the MOA within the time limit.
File and serve a copy of your defence (or defence and counterclaim) within the time limited for an appearance.

Estimated fees

Refer to the following to find out the fees to file the documents. You may also refer to Appendix B of the Rules of Court 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	Fees
File a Memorandum of Appearance (MOA)	$10
File a defence	$10
File a counterclaim	$10

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

Item	Fees
File a Memorandum of Appearance (MOA)	$20
File a defence	$20
File a counterclaim	$20

Third-party proceedings

You may apply to the court to add a person as a third party to a civil action after you have filed the MOA if any of the following applies:

You claim that the person who is not already a party to the action should be made to compensate you or contribute towards the plaintiff’s claim.
You claim that the person who is not already a party to the action is related to or connected with the original subject-matter of the action and should be made to contribute to the relief or remedy claimed by the plaintiff.
You require that any question or issue relating to or connected with the original subject-matter of the action should be determined together with the plaintiff and the person not already a party to the action.

This is known as a third-party proceeding. In third-party proceedings, you will be known as the plaintiff and the third party will be known as the defendant.

Apply for leave of court

You will need to apply for leave (permission) of court before issuing a notice on the third party (third party notice).

Note

The leave of court must be made by ex parte summons prepared in accordance with Form 18 of the Rules of Court, supported by an affidavit stating:

The nature of the claim made by the original plaintiff in the action.
The stage which proceedings in the action have reached.
The nature of your claim or particulars of the question or issue required to be determined and the facts on which your proposed third party notice is based.
The name and address of the person to be issued the third party notice.

If the court grants leave, you can then issue a third party notice prepared in accordance with Form 16 of the Rules of Court or Form 17 of the Rules of Court.

Note

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