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Digest 2B
A. Introduction
1. An overview on case management and a general introduction to the concept of case conferences under the new Rules of Court (“ROC 2021”) has been provided in Digest 2A. As mentioned, one of the key recommendations by the Civil Justice Commission
and the Civil Justice Review Committee was to enhance judicial control over the process of civil litigation and provide for flexibility in the management of cases. The Court will order parties to focus on key issues and provide case management directions
to fit individual cases, instead of leaving it to parties to determine the pace of the proceedings. The Judges and Registrars will have the autonomy and flexibility to manage the cases. The intent is to enhance efficiency and speed of adjudication
and maintain costs at reasonable levels.(1)
2. The new ROC 2021 therefore envisage that there will continue to be active case management(2) of each case throughout
its life cycle once the claim is filed, and for the Court to give case management directions for the proceedings during the Case Conferences.
3. This digest aims to provide details on case management processes specific to civil cases
in the State Courts.
4. The over-arching Ideals and powers stated in the ROC 2021 and Digests 1 and 2A will similarly apply in the conduct of Case Conferences in the State Courts. Under ROC 2021, the Ideals are what the Court must
seek to achieve when making orders or giving directions. All parties have the duty to assist the Court and to conduct their cases in a manner which will help to achieve the Ideals.(3)
5. There are five Ideals
which ROC 2021 seeks to achieve, namely:(4)
(a) fair access to justice;
(b) expeditious proceedings;
(c) cost-effective work proportionate to —
(i) the nature and importance of the action;
(ii) the complexity of the claim as well as the difficulty or novelty of the issues and questions it raises; and
(iii) the amount or value of the claim;
(d) efficient use of court resources; and
(e) fair and practical results suited to the needs of the parties.
6. The Ideals are also invoked to guide the Court’s exercise of certain powers.
(a) Where there is no rule governing a matter, what the Court does must be consistent with the Ideals. In exercising any power, the Court may impose any condition or give such directions that are appropriate.(5)
(b) Where there is non-compliance with any rule, any practice directions or any order or direction by the Court, the Court may dismiss, stay or set aside the proceedings, and give an appropriate judgment or order, even though the non-compliance could be compensated by costs, if the non-compliance is inconsistent in a material way with any of the Ideals.(6)
7. Generally, Case Conferences at the State Courts will be conducted by Deputy Registrars, who may also refer any matter to a District Judge.
8. A Case Conference will be fixed for all Originating Claims around 7 weeks after a Defence has
been filed in the action. However, the Court retains the discretion to convene a Case Conference earlier or later as it deems necessary.
9. Once a Case Conference has been fixed, a notice will be sent to the claimant and any other
party who has filed a notice of intention to contest or not contest and/or a Defence, informing them of the date of the Case Conference. The notice will also state which of the following four case management frameworks applies to the proceeding:
(a) Specially Managed Civil List (“SMCL”);
(b) Simplified Process pursuant to Order 65 of ROC 2021 ("Simplified Process");
(c) Court Dispute Resolution (“CDR”) process; or
(d) General Process.
10. The SMCL framework will apply to more complex and/or high value cases which have been identified in accordance with the State Courts Practice Directions 2021(7) as cases that would benefit from a dedicated and rigorous
pre-trial management process designed to bring about expeditious resolution. These cases will be tracked by a docketed team of judicial officers who will deal with all the pre-trial applications and give directions to facilitate the timely
disposal of the dispute. The flowchart applicable to the SMCL framework can be found at Annex A
.
11. For lower value claims, the Simplified Process framework will apply.(8) Pursuant to Order 65 of ROC 2021, Civil Simplified Case Conferences will be called for all Magistrate’s
Court cases, save for non-injury motor accident claims, personal injury claims and negligence claims (which will fall under the CDR framework below). Where parties to a District Court case consent for Order 65 to apply to their proceedings,
they can also avail themselves of the Simplified Process framework. At Civil Simplified Case Conferences, the Court will jointly consider with the parties all available options for resolving the case parties. Where a resolution cannot be reached
the Court will make the necessary orders or directions as the Court deems fit, to either progress the matter to trial or an assessment of damages, as the case may be. The flowchart applicable to the Simplified Process framework can be found
at Annex B.
12. For suits arising from non-injury motor accident claims (“NIMA”), personal injury claims (“PI”) and negligence claims, the CDR framework will apply. Parties to such suits will be called within
6 weeks of the filing of the notice of intention to contest the claim, to begin the CDR processes as specified under the State Courts Practice Directions 2021.(9) For these cases, the initial Case Conferences
will focus on the amicable resolution of disputes at the State Courts CDR Cluster. At the end of the CDR process, if parties do not reach a full and final settlement, a Case Conference will be called to issue orders and directions moving the
matter towards either trial or an assessment of damages, as the case may be. The flowchart applicable to the CDR framework can be found at Annex C.
13. All Originating Claims filed in the District Courts on or after 1 April 2022
that are not subject to the SMCL, Simplified Process or CDR frameworks will be subject to the General Process framework.(10)The flowchart applicable to the General Process framework can be found at Annex D.
B. New Case Management Documents
14. To assist parties in providing the information necessary for the court to issue orders or directions moving the matters towards trial or an assessment of damages (as the case may be), Checklists and Forms have been prepared to facilitate the conduct of Case Conferences at the State Courts. The relevant Checklists and Forms will be sent to parties, along with the notice informing them of the date on which their Case Conference will be held, so as to give parties sufficient time to complete and file the same at least 5 working days before any Case Conference. To assist parties:
(a) The Checklist for the SMCL framework can be found at Annex E.
(b) The Checklist for the Simplified Process framework can be found at Annex F.
(c) The Checklists and Forms for the CDR framework can be found at Annex G.
(d) The Checklists and Forms for the General Process framework can be found at Annex H.
Annex E
Specially Managed Civil List framework Checklist
Checklist for Case Conference (For Specially Managed Civil List cases falling within Practice Direction 35 of the State Courts Practice Directions 2021) |
Case Number: DC________ of ________ Date on which Form is filed : _______________ Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________ Date on which the Defence was served: ____________________________________________________ |
(Please check the options which apply and make the appropriate insertions/deletions)
[Note: If a party is filing a SAPT, parties need not submit the Timelines Form for this CC but should be prepared to submit on procedural timelines to the Court at the hearing of the SAPT] |
| IMPORTANT NOTE: Save where a SAPT is to be filed, parties are to file the Timelines Form in all other circumstances before the CC. Even if parties wish to proceed to ADR or file separate applications, the Court may nevertheless proceed to issue timelines and directions pending attempts to resolve the dispute through ADR, pending the determination of any separate application(s) or otherwise. Parties are however at liberty to propose longer timelines for the Court’s consideration in the Timelines Form with reasons stated therein. |
TIMELINES FORM
| Directions sought | Claimant’s position | Defendant’s position |
|---|---|---|
| Filing and exchange of List of Documents (“LOD”) | [x] weeks from the Order | [x] weeks from the Order |
| Exchange of copies of all documents referred to in the LOD pursuant to Order 11, Rule 2 | [x] weeks from the Order | [x] weeks from the Order |
| Number of witnesses | Claimant’s factual witnesses: __ Claimant’s expert witnesses: __ | Defendant’s factual witnesses: __ Defendant’s expert witnesses: __ |
| Filing and Exchange of Affidavit of Evidence-in-Chief (“AEIC”) | [x] weeks from the Order □ AEICs of experts to be dispensed with [Please check if applicable] | [x] weeks from the Order □ AEICs of experts to be dispensed with [Please check if applicable] |
| Filing of Objections to the contents of AEIC (“Objections”) | [x] weeks from the filing and exchange of AEICs | [x] weeks from the filing and exchange of AEICs |
| Set down for trial or filing of Notice of Appointment for Assessment of Damages | [x] weeks from the filing of Objections | [x] weeks from the filing of Objections |
| Number of days for trial/AD | [x] days for first tranche | [x] days for first tranche |
| Extraction of Order with names and capacity of witnesses | [x] weeks from the Order | [x] weeks from the Order |
| Costs | [Costs reserved or costs in the cause] | [Costs reserved or costs in the cause] |
Note: Parties may: (a) include the reasons for their proposed timelines, where required, in the table above; and (b) modify the table above for the purposes of including the position(s) of additional parties in the action.
Annex F
Simplified Process framework Checklist
CHECKLIST FOR CASE CONFERENCE
(FOR ORDER 65 CASES)
| Case details | DC/MC* OC _____ / 202 | |||
| Filing Party | Claimant / Defendant * | |||
* Delete where applicable.
Please tick all the applicable boxes:
| 1. | ||
| 2. | ||
| 3. | ||
| 4. | ||
| 5. |
___________________
Signature of filing party / filing party’s solicitor (if represented) *
Name:
Date:
Annex G
CDR framework Checklists and Forms for Magistrate’s Court Matters
Checklist for Case Conference (For Magistrate’s Court Cases falling within Practice Directions 38 to 41(1) of the State Courts Practice Directions 2021) |
Case Number: DC________ of ________ Date on which Form is filed : _______________ Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________ Date on which the Defence was served: |
(Please check the options which apply and make the appropriate insertions/deletions)
IMPORTANT NOTE: |
| Checklist for Assessment of Damages Case Conference (For Magistrate’s Court Cases in the Assessment phase(4)) |
Case Number: MC________ of ________ Date on which Form is filed : _______________ Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________ Date on which the Defence was served: ____________________________________________________ |
(Please check the options which apply and make the appropriate insertions/deletions) 1. Preliminaries: Please provide the confirmation below: 2. Applications: Please check the box(es) below that are relevant to your matter: [Note: If a party is filing a SAPT, parties need not submit the Timelines Form for this CC but should be prepared to submit on procedural timelines to the Court at the hearing of the SAPT] 3. Affidavits of Evidence in Chief (“AEICs”): Please check the box(es) below that are relevant to your matter: 4. Experts: Please check the box below that is relevant to your matter: |
TIMELINES FORM
| Directions sought | Claimant’s position | Defendant’s position |
|---|---|---|
| Filing and exchange of List of Documents (“LOD”) | [x] weeks from the Order | [x] weeks from the Order |
| Exchange of copies of all documents referred to in the LOD pursuant to Order 11, Rule 2 | [x] weeks from the Order | [x] weeks from the Order |
| Number of witnesses | Claimant’s factual witnesses: __ Claimant’s expert witnesses: __ | Defendant’s factual witnesses: __ Defendant’s expert witnesses: __ |
| Filing and Exchange of Affidavit of Evidence-in-Chief (“AEIC”) | [x] weeks from the Order □ AEICs of experts to be dispensed with [Please check if applicable] | [x] weeks from the Order □ AEICs of experts to be dispensed with [Please check if applicable] |
| Filing of Objections to the contents of AEIC (“Objections”) | [x] weeks from the filing and exchange of AEICs | [x] weeks from the filing and exchange of AEICs |
| Set down for trial or filing of Notice of Appointment for Assessment of Damages | [x] weeks from the filing of Objections | [x] weeks from the filing of Objections |
| Number of days for trial/AD | [x] days for first tranche | [x] days for first tranche |
| Extraction of Order with names and capacity of witnesses | [x] weeks from the Order | [x] weeks from the Order |
| Costs | [Costs reserved or costs in the cause] | [Costs reserved or costs in the cause] |
Note: Parties may (a) include the reasons for their proposed timelines, where required, in the table above; and (b) modify the table above for the purposes of including the position(s) of additional parties in the action.
Single Joint Expert (“SJE”) Form
- What issue(s) would the proposed SJE(s) be giving evidence on?
(For example: What injuries were suffered and/or caused by the accident or what property damage was suffered and/or caused by the accident)
[Insert answer]
- What is the proposed SJE’(s) area of expertise?
(For example: surveyor, accident reconstructionist, orthopedic specialist, general practitioner, neurologist)
[Insert answer]
| Claimant’s nominees | Defendant’s nominees | |||
|---|---|---|---|---|
| Name and Company | [Name of Expert] of [Name of Company] | [Name of Expert] of [Name of Company] | [Name of Expert] of [Name of Company] | [Name of Expert] of [Name of Company] |
Qualification/ Experience | [x] years in the field of [x] [x] number of times the expert has given expert evidence on this subject matter [Any other details] | [x] years in the field of [x] [x] number of times the expert has given expert evidence on this subject matter [Any other details | [x] years in the field of [x] [x] number of times the expert has given expert evidence on this subject matter [Any other details | [x] years in the field of [x] [x] number of times the expert has given expert evidence on this subject matter [Any other details] |
| Fees | Preparing report: [amount plus GST (where applicable)] Attending trial/AD: [amount plus GST (where applicable)] | Preparing report: [amount plus GST (where applicable)] Attending trial/AD: [amount plus GST (where applicable)] | Preparing report: [amount plus GST (where applicable)] Attending trial/AD: [amount plus GST (where applicable)] | Preparing report: [amount plus GST (where applicable)] Attending trial/AD: [amount plus GST (where applicable)] |
| Estimated time to prepare report | [x] weeks | [x] weeks | [x] weeks | [x] weeks |
| Other factors | [For e.g. the nominee was the original workshop surveyor or treating doctor for [x] sessions and [x] period] | [For e.g. the nominee was the original workshop surveyor or treating doctor for [x] sessions and [x] period] | [For e.g. the nominee was the original workshop surveyor or treating doctor for [x] sessions and [x] period] | [For e.g. the nominee was the original workshop surveyor or treating doctor for [x] sessions and [x] period] |
| Reasons for objecting to the other party’s nominees | [Defendant to insert reasons] | [Defendant to insert reasons] | [Claimant to insert reasons] | [Claimant to insert reasons] |
Note: Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.
CDR Framework Checklists and Forms for District Court Matters
Checklist for Case Conference (For District Court Cases falling within Practice Directions 38 to 41(1) of the State Courts Practice Directions 2021 |
Case Number: DC________ of ________ Date on which Form is filed : _______________ Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________ Date on which the Defence was served: ____________________________________________________ |
(Please check the options which apply and make the appropriate insertions/deletions) 1. Applications: Please check the box(es) below that are relevant to your matter:
2. Affidavits of Evidence in Chief (“AEICs”): Please check the box(es) below that are relevant to your matter: IMPORTANT NOTE : Save where a SAPT is to be filed, parties are to file the Timelines Form in all other circumstances before the CC. Even if parties wish to file separate applications, the Court may nevertheless proceed to issue timelines and directions pending the determination of any separate application(s) or otherwise. Parties are however at liberty to propose longer timelines for the Court’s consideration in the Timelines Form with reasons stated therein. |
| Checklist for Assessment of Damages Case Conference (For District Court Cases in the Assessment phase(4)) |
Case Number: DC________ of ________ Date on which Form is filed : _______________ Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________ Date on which the Defence was served: ____________________________________________________ |
(Please check the options which apply and make the appropriate insertions/deletions) 1. Preliminaries: Please provide the confirmation below: 2. Applications: Please check the box(es) below that are relevant to your matter:
3. Affidavits of Evidence in Chief (“AEICs”): Please check the box(es) below that are relevant to your matter: IMPORTANT NOTE: Save where a SAPT is to be filed, parties are to file the Timelines Form in all other circumstances before the CC. Even if parties wish to file separate applications, the Court may nevertheless proceed to issue timelines and directions pending the determination of any separate application(s) or otherwise. Parties are however at liberty to propose longer timelines for the Court’s consideration in the Timelines Form with reasons stated therein. |
TIMELINES FORM
| Directions sought | Claimant’s position | Defendant’s position |
|---|---|---|
| Filing and exchange of List of Documents (“LOD”) | [x] weeks from the Order | [x] weeks from the Order |
| Exchange of copies of all documents referred to in the LOD pursuant to Order 11, Rule 2 | [x] weeks from the Order | [x] weeks from the Order |
| Number of witnesses | Claimant’s factual witnesses: __ Claimant’s expert witnesses: __ | Defendant’s factual witnesses: __ Defendant’s expert witnesses: __ |
| Filing and Exchange of Affidavit of Evidence-in-Chief (“AEIC”) | [x] weeks from the Order □ AEICs of experts to be dispensed with [Please check if applicable] | [x] weeks from the Order □ AEICs of experts to be dispensed with [Please check if applicable] |
| Filing of Objections to the contents of AEIC (“Objections”) | [x] weeks from the filing and exchange of AEICs | [x] weeks from the filing and exchange of AEICs |
| Set down for trial or filing of Notice of Appointment for Assessment of Damages | [x] weeks from the filing of Objections | [x] weeks from the filing of Objections |
| Number of days for trial/AD | [x] days for first tranche | [x] days for first tranche |
| Extraction of Order with names and capacity of witnesses | [x] weeks from the Order | [x] weeks from the Order |
| Costs | [Costs reserved or costs in the cause] | [Costs reserved or costs in the cause] |
Annex H
General Process framework Checklists and Forms
| Checklist for General Process Case Conference (For District Court Cases(1)) |
Case Number: DC________ of ________ Date on which Form is filed : _______________ Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________ Date on which the Defence was served: ____________________________________________________ |
(Please check the options which apply and make the appropriate insertions/deletions) 1. ADR: Please provide the following confirmation: 2. Applications: Please check the box(es) below that are relevant to your matter: [Note: If a party is filing a SAPT, parties need not submit the Timelines Form for this CC but should be prepared to submit on procedural timelines to the Court at the hearing of the SAPT] 3. Affidavits of Evidence in Chief (“AEICs”): Please check the box(es) below that are relevant to your matter: Save where a SAPT is to be filed, parties are to file the Timelines Form in all other circumstances before the CC. Even if parties wish to proceed to ADR or file separate applications, the Court may nevertheless proceed to issue timelines and directions pending attempts to resolve the dispute through ADR, pending the determination of any separate application(s) or otherwise. Parties are however at liberty to propose longer timelines for the Court’s consideration in the Timelines Form with reasons stated therein. |
| Checklist for Assessment of Damages Case Conference (For District Court Cases in the Assessment phase(4)) |
Case Number: DC________ of ________ Date on which Form is filed : _______________ Date on which the Originating Claim with Statement of Claim was served on the defendant(s): ________ Date on which the Defence was served: ____________________________________________________ |
(Please check the options which apply and make the appropriate insertions/deletions) 1. Preliminaries: Please provide the confirmation below: 2. Applications: Please check the box(es) below that are relevant to your matter:
3. Affidavits of Evidence in Chief (“AEICs”): Please check the box(es) below that are relevant to your matter:
|
TIMELINES FORM
| Directions sought | Claimant’s position | Defendant’s position |
|---|---|---|
| Filing and exchange of List of Documents (“LOD”) | [x] weeks from the Order | [x] weeks from the Order |
| Exchange of copies of all documents referred to in the LOD pursuant to Order 11, Rule 2 | [x] weeks from the Order | [x] weeks from the Order |
| Number of witnesses | Claimant’s factual witnesses: __ Claimant’s expert witnesses: __ | Defendant’s factual witnesses: __ Defendant’s expert witnesses: __ |
| Filing and Exchange of Affidavit of Evidence-in-Chief (“AEIC”) | [x] weeks from the Order □ AEICs of experts to be dispensed with [Please check if applicable] | [x] weeks from the Order □ AEICs of experts to be dispensed with [Please check if applicable] |
| Filing of Objections to the contents of AEIC (“Objections”) | [x] weeks from the filing and exchange of AEICs | [x] weeks from the filing and exchange of AEICs |
| Set down for trial or filing of Notice of Appointment for Assessment of Damages | [x] weeks from the filing of Objections | [x] weeks from the filing of Objections |
| Number of days for trial/AD | [x] days for first tranche | [x] days for first tranche |
| Extraction of Order with names and capacity of witnesses | [x] weeks from the Order | [x] weeks from the Order |
| Costs | [Costs reserved or costs in the cause] | [Costs reserved or costs in the cause] |
*This Digest highlights certain key features and points of note, which are intended to assist court users in navigating the Rules of Court 2021 (“ROC 2021”), and serves to provide general information only. Reference should always be made to the relevant provisions in the ROC 2021, any applicable written law and practice directions, and any applicable guidance that may be found in case law. This, and the other digests, do not, in any way, affect the Court’s exercise of its discretion. The Court may, based on the circumstances of each case, depart from the digests. The digests are not intended to be, and should not be construed as, legal advice, and may be revised from time to time.
Footnotes
(1)Terms of Reference for the Civil Justice Commission, Opening of the Legal Year (5 January 2015); paragraph 1 of the Civil Justice Commission Report (29 December 2017).
(2)“[Active] case management is a comprehensive system of management of the time and events in a law suit as it proceeds through the justice system, from initiation to resolution. The two essential components of [active] case management systems are the setting of a timetable for pre-determined events and the supervision of the progress of the law suit through its timetable” (cited in Lord Woolf, Access to Justice: Interim Report to the Lord Chancellor on the civil justice system in England and Wales (June 1995), p 30).
(3)Order 3, Rules 1(3) and (4) of ROC 2021.
(4)Order 3, Rules 1(2) of ROC 2021.
(5)Order 3, Rules 2(2) and (3) of ROC 2021.
(6)Order 3, Rules 2(4) of ROC 2021.
(7)State Courts Practice Direction 35.
(8)State Courts Practice Direction 36.
(9)State Courts Practice Directions 38 to 41.
(10)State Courts Practice Direction 37.
Footnotes in Annex E
(1)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.
(2)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.
Footnotes in Annex G
(1)This Checklist applies to cases falling within Practice Directions 38 to 41 of the State Courts Practice Directions 2021 which have not reached a settlement at the CDR CCs. Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.
(2)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.
(3)See above.
(4)This checklist applies to Magistrate’s Court cases where there is an judgment on liability and where parties are presently seeking an assessment of damages under Order 15, Rule 15 of the ROC 2021. Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.
(5)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.
(6)See above.
Footnotes in CDR Framework Checklists and Forms for District Court Matters
(1)This checklist applies to cases falling within Practice Directions 38 to 41 of the State Courts Practice Directions 2021 which have not reached a settlement at the CDR CCs. Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.
(2)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.
(3)See above.
(4)This checklist applies to District Court cases where there is a judgment on liability and where parties are presently seeking an assessment of damages under Order 15, Rule 15 of the ROC 2021. Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.
(5)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.
(6)See above.
Footnotes in Annex H
(1)Where a Defence has been filed and the Suit falls within Practice Direction 37 of the State Courts Practice Directions 2021. Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.
(2)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.
(3)See above.
(4)This checklist applies to District Court cases where there is a judgment on liability and where parties are presently seeking an assessment of damages under Order 15, Rule 15 of the ROC 2021. Parties may modify the table above for the purposes of including the position(s) of additional parties in the action.
(5)Parties should provide reasons as to why the contemplated separate application(s) cannot be contained within a SAPT and/or need to be taken out before a SAPT.
(6)See above.
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