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  Front Page

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WOMEN’S CHARTER

(CHAPTER 353, SECTION 139 (1) AND (2))

WOMEN’S CHARTER (MATRIMONIAL PROCEEDINGS) RULES

History
S 854/2005
->
R4
2006 REVISED EDITION

[1st April 2006]

  Arrangement of Provisions

[ Jump to: Front Page / Arrangement of Provisions / Actual Provisions]

1 Citation and application
2 Definitions
3 Application of Rules of Court
4 Application for leave to file writ
5 Commencement of proceedings, etc.
6 Duration and renewal of writ, etc.
7 Statement of claim
8 Parenting plan
9 Matrimonial property plan
10 Co-defendant and person named in statement of claim
11 Service of writ, etc.
12 Service out of jurisdiction
13 Proof of service
14 Service of other documents
15 Dispensation with service
16 Entry of appearance
17 Consent to grant of judgment of divorce
18 Defence and counterclaim, etc.
19 Reply and other pleadings
20 Contents and delivery of defence and subsequent pleadings
21 Particulars
22 Amendment of writ, originating summons, pleadings, etc.
23 Withdrawal and discontinuance
24 Discovery, inspection of documents and interrogatories
25 Discovery in respect of ancillary relief
26 Duty to give discovery continues throughout proceedings
27 Inspection of documents in respect of ancillary relief
28 Order for production of documents for inspection
29 Production of business books
30 Restriction on use of privileged document, inspection of which has been inadvertently allowed
31 Interrogatories in respect of ancillary relief
32 Objections and insufficient answers to interrogatories
33 Discovery and interrogatories against other person
34 Order for determination of issue, etc., before discovery, inspection or interrogatories
35 Discovery, inspection and answers to interrogatories to be ordered only if necessary
36 Order for production to court
37 Failure to comply with order for discovery, inspection or interrogatories, etc.
38 Revocation and variation of orders
39 Document disclosure of which would be injurious to public interest: Saving
40 Medical examination
41 Examination of children
42 Evidence
43 Trial of issues
44 Mode of trial
45 Setting down for trial
46 Right of defendant to be heard
47 Intervention by Attorney-General
48 Intervention by person other than Attorney-General
49 Application by plaintiff or defendant for ancillary relief
50 Application for ancillary relief after order of Magistrate’s Court
51 Filing of Affidavit of Assets and Means
52 Evidence in proceedings for division of matrimonial assets or avoidance of disposition
53 Application for order to vary order on ancillary relief
54 Evidence on application for variation order
55 Custody of and access to children
56 Information as to other proceedings relating to children
57 Appeal
58 Form of judgment and order
59 Final judgment
60 Enforcement of orders
61 Attachment and committal
62 Security for costs
63 Costs against co-defendant, etc.
64 Electronic filing and service of documents
65 Fees in matrimonial proceedings
66 Fees on appeals in matrimonial proceedings
67 Savings

FIRST SCHEDULE

SECOND SCHEDULE
FEES IN MATRIMONIAL PROCEEDINGS

  Actual Provisions

[ Jump to: Front Page / Arrangement of Provisions / Actual Provisions ]

WOMEN’S CHARTER

(CHAPTER 353, SECTION 139 (1) AND (2))

WOMEN’S CHARTER (MATRIMONIAL PROCEEDINGS) RULES

[1st April 2006]

Citation and application
1. —(1) These Rules may be cited as the Women’s Charter (Matrimonial Proceedings) Rules.

(2) These Rules shall apply to proceedings under Part X of the Act commenced on or after 1st April 2006.

Definitions
2. —(1) In these Rules, unless the context otherwise requires —

"Affidavit of Assets and Means" means an affidavit of such description referred to in rule 51;

"agreed matrimonial property plan" means a plan, signed by both parties to a marriage, setting out the parties’ agreement as to the way in which an HDB matrimonial asset is to be divided;

"arrangements for the welfare of every dependent child" includes arrangements in relation to —

(a) the custody, care and control of, and access to, the child;

(b) financial provision for the child;

(c) the education of the child; and

(d) any other parental responsibility for the child;

"Central Provident Fund Board" means the Central Provident Fund Board established under the Central Provident Fund Act (Cap. 36);

"child of the marriage" has the same meaning as in section 92 of the Act;

"CPF standard query" means such enquiries as the Registrar may specify which a party is required to make with the Central Provident Fund Board;

"dependent child of the marriage" means a child of the marriage who is —

(a) below the age of 21 years; or

(b) of or above the age of 21 years but who —

(i) suffers from any mental or physical disability;

(ii) is or will be serving full-time national service; or

(iii) is or will be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment;

"HDB flat" means any residential flat or other residential property sold under Part IV of the Housing and Development Act (Cap. 129) which has been acquired by the present owner thereof whether directly from the Housing and Development Board or otherwise;

"HDB matrimonial asset" means a matrimonial asset as defined in section 112 of the Act which consists of —

(a) an HDB flat; or

(b) any right or interest arising under an agreement to purchase an HDB flat;

"HDB standard query" means such enquiries as the Registrar may specify which a party is required to make with the Housing and Development Board;

"Housing and Development Board" means the Housing and Development Board established under the Housing and Development Act;

"Judge" means a Judge of the High Court;

"judgment of judicial separation" has the same meaning as in section 92 of the Act;

"marriage" includes a void marriage and, for the purpose of rule 8, includes a marriage which has been dissolved;

"person named" includes a person described solely by the use of initials;

"proposed matrimonial property plan" means a plan setting out the proposal of a party to a marriage as to the way in which an HDB matrimonial asset is to be divided;

"Registrar" means the Registrar of the Supreme Court;

"writ" has the same meaning as in section 92 of the Act.

(2) In these Rules, a Form referred to by number means the Form so numbered in the First Schedule.

Application of Rules of Court
3. —(1) Subject to these Rules and any other written law, the Rules of Court (Cap. 322, R 5) shall apply, with the necessary modifications, to the practice and procedure in any proceedings under Part X of the Act to which these Rules relate.

(2) For the avoidance of doubt, Order 6, Rule 4, Order 15, Rule 1 and Orders 13, 14, 19, 21, 23, 24, 25, 26 and 26A of the Rules of Court shall not apply to any proceedings under Part X of the Act to which these Rules relate, unless otherwise stated.

Application for leave to file writ
4. —(1) An application under section 94 of the Act for leave to file a writ for divorce before 3 years have passed since the date of the marriage shall be made by originating summons in accordance with Form 1.

(2) There shall be filed in support of the originating summons an affidavit by the applicant exhibiting a copy each of the proposed statement of claim and the proposed statement of particulars and stating —

(a) the grounds of the application;

(b) particulars of the hardship or depravity alleged;

(c) whether there has been any previous application for leave;

(d) whether any, and if so what, attempts at reconciliation have been made;

(e) particulars of any circumstances which may assist the court in determining whether there is a reasonable probability of reconciliation between the parties; and

(f) the date of birth of each of the parties or, if it be the case, that he or she has attained the age of 21 years.

(3) The originating summons shall be made returnable for a fixed date before a Judge in Chambers.

(4) Unless otherwise directed, the originating summons, together with the affidavit in support of the originating summons and a copy of the notice of proceedings in Form 2, shall be served on the defendant at least 5 clear days before the return date.

(5) No appearance needs to be entered to the originating summons, and the defendant may be heard without entering an appearance.

Commencement of proceedings, etc.
5. —(1) All proceedings for divorce, presumption of death and divorce, judicial separation, nullity of marriage, or rescission of a judgment of judicial separation shall be commenced by filing a writ in Form 3.

(2) Unless the Act or these Rules otherwise provide, every application under Part X of the Act or these Rules shall be made either by originating summons or, in a pending action or matter, by summons in Form 4.

Duration and renewal of writ, etc.
6. —(1) For the purposes of service, a writ is valid in the first instance for 12 months beginning with the date of its issue.

(2) Subject to paragraph (3), where a writ has not been served on a defendant, the court may by order extend the validity of the writ from time to time for such period, not exceeding 6 months at any one time, beginning with the day on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the court before that day or such later day (if any), as the court may allow.

(3) Where the court is satisfied on an application under paragraph (2) that, despite the making of reasonable efforts, it may not be possible to serve a writ within 6 months, the court may, if it thinks fit, extend the validity of the writ for such period, not exceeding 12 months at any one time, as the court may specify.

(4) Before a writ, the validity of which has been extended under paragraph (2) or (3), is served, the first page of the writ must be marked with an official stamp in Form 5 showing —

(a) the date of the order extending the validity of the writ; and

(b) the period from which the validity of the writ has been so extended.

(5) A copy of the writ marked in accordance with paragraph (4) must be filed with the court within 14 days from the date of the order extending the validity of the writ.

(6) The order extending the validity of the writ need not be drawn up, unless the court directs otherwise.

(7) This rule shall apply in relation to an originating summons filed under Part X of the Act as it applies in relation to a writ filed under that Part.

Statement of claim
7. —(1) The plaintiff shall file, together with a writ —

(a) a statement of claim in Form 6, 7, 8, 9 or 10, as appropriate;

(b) a statement of particulars in Form 11; and

(c) where applicable, a notice of proceedings in Form 15.

(2) The statement of particulars shall set out in full the particulars of the facts pleaded in the statement of claim but not the evidence by which those facts are to be proved, and shall be signed by the solicitor for the plaintiff or, where the plaintiff is acting in person, by the plaintiff.

(3) The statement of particulars shall form part of the statement of claim and, unless the context otherwise requires, the provisions of these Rules which relate to a statement of claim shall apply, with the necessary modifications, to the statement of particulars.

Parenting plan
8. —(1) Where a writ for divorce, presumption of death and divorce, judicial separation or nullity of marriage discloses that there is any dependent child of the marriage, the plaintiff shall file, together with the writ —

(a) an agreed parenting plan in Form 27; or

(b) a proposed parenting plan in Form 28.

(2) The parties to a marriage shall try to agree on the arrangements for the welfare of every dependent child of the marriage and file an agreed parenting plan.

(3) If the parties are unable to agree on the arrangements for the welfare of any dependent child of the marriage, the parties may seek the advice and assistance of a person, whether or not a public officer, who is trained or has experience in matters relating to child welfare, so that the parties may resolve their disagreements harmoniously.

(4) In reaching an agreement on the arrangements for the welfare of any dependent child of the marriage, the parties to the marriage must regard the welfare of that child as the paramount consideration.

Matrimonial property plan
9. —(1) Where a writ for divorce, judicial separation or nullity of marriage discloses that there is an HDB matrimonial asset to be divided, the plaintiff shall file, together with the writ —

(a) an agreed matrimonial property plan in Form 31 and the particulars of arrangements for housing in Form 35; or

(b) a proposed matrimonial property plan in Form 32 and the particulars of arrangements for housing in Form 35.

(2) Where, at any time after the filing of a writ for divorce, judicial separation or nullity of marriage, it is disclosed that there is an HDB matrimonial asset to be divided, the plaintiff shall file the documents referred to in paragraph (1) (a) or (b) in court —

(a) within the time specified by the court; or

(b) if no time is specified by the court, before the court makes any order under section 112 of the Act.

(3) Prior to the filing of an agreed matrimonial property plan under paragraph (1) —

(a) the plaintiff and the defendant shall each submit the CPF standard query to the Central Provident Fund Board, which shall give each party its written reply within such time and in such manner as the Registrar may specify; and

(b) the plaintiff shall, unless the court directs otherwise, serve the agreed matrimonial property plan on the Housing and Development Board, which shall, within one month from the date of service, give the plaintiff its written reply as to whether it has any objection to the agreed matrimonial property plan or the agreement and, if it has any objection, the nature of the objection.

(4) Prior to the filing of a proposed matrimonial property plan under paragraph (1), the plaintiff shall submit the CPF standard query and the HDB standard query to the Central Provident Fund Board and the Housing and Development Board, respectively, each of which shall give the plaintiff its written reply within such time and in such manner as the Registrar may specify.

(5) Where the Central Provident Fund Board or the Housing and Development Board does not give its written reply within the time specified by the Registrar under paragraph (3) or (4), as the case may be, the plaintiff —

(a) may file the writ without the agreed matrimonial property plan or proposed matrimonial property plan; but

(b) shall file the plan within 7 days of the receipt of the written reply.

(6) The court may, in an appropriate case, abridge the time within which the Central Provident Fund Board or the Housing and Development Board shall give a written reply under paragraph (3) or (4), as the case may be.

Co-defendant and person named in statement of claim
10. —(1) Subject to paragraph (2), where a statement of claim alleges that the defendant has committed adultery, the person with whom the adultery is alleged to have been committed shall be made a co-defendant in the action unless —

(a) the person is not named in the statement of claim and, if the adultery is relied on for the purpose of section 95 (3) (a) of the Act, the statement of claim contains a statement that the person’s identity is not known to the plaintiff; or

(b) the court directs otherwise.

(2) Notwithstanding anything in paragraph (1), where a statement of claim alleges that the defendant has been guilty of rape upon a person named, that person shall not be made a co-defendant in the action unless the court so directs.

(3) Unless the court directs otherwise, where a statement of claim alleges that the defendant has committed adultery, and the person with whom the adultery is alleged to have been committed is not made a co-defendant under paragraph (1) (b), a copy of the writ shall be served on that person, together with —

(a) the statement of claim;

(b) the statement of particulars;

(c) a notice of proceedings in Form 15;

(d) a copy of an acknowledgment of service in Form 17; and

(e) a copy of a memorandum of appearance in Form 19.

(4) Where a statement of claim alleges that the defendant has been guilty of an improper association (other than adultery) with a person named, the court may direct that a copy of the writ be served on the person named, together with —

(a) the statement of claim;

(b) the statement of particulars;

(c) a notice of proceedings in Form 15;

(d) a copy of an acknowledgment of service in Form 17; and

(e) a copy of a memorandum of appearance in Form 19.

(5) A person who has been served with a writ under paragraph (3) or (4) and who wishes to intervene in the proceedings shall enter an appearance under rule 16 and shall join as a co-defendant in the proceedings at the stage which those proceedings have reached at the time he enters an appearance, and his name shall appear thereafter in the title to the action as a co-defendant in the proceedings.

(6) An application for directions under paragraph (1) (b) may be made ex-parte if no appearance has been entered by the defendant.

(7) Paragraphs (1), (3) and (4) shall not apply if the person named had died before the filing of the writ.

(8) Rules 11, 12 and 13 shall apply to the service of a copy of a writ under paragraph (3) or (4) as they apply to the service of a copy of a writ on a co-defendant.

Service of writ, etc.
11. —(1) Unless the court directs otherwise —

(a) a copy of the writ, together with —

(i) a statement of claim in Form 6, 7, 8, 9 or 10, as appropriate;

(ii) a statement of particulars in Form 11;

(iii) a copy of an acknowledgment of service in Form 16; and

(iv) a copy of a memorandum of appearance in Form 18, shall be served personally or by registered post on the defendant;

(b) a copy of the writ, together with —

(i) a statement of claim in Form 6, 7, 8, 9 or 10, as appropriate;

(ii) a statement of particulars in Form 11;

(iii) a notice of proceedings in Form 15;

(iv) a copy of an acknowledgment of service in Form 17; and

(v) a copy of a memorandum of appearance in Form 19, shall be served personally or by registered post on each co-defendant named in the writ;

(c) a copy of any parenting plan filed under rule 8 and a copy of any matrimonial property plan filed under rule 9 shall be served personally or by registered post on the defendant; and

(d) a copy of each originating summons shall be served personally or by registered post on the defendant.

(2) Where the court directs, a copy of a summons shall be served personally or by registered post on the defendant.

(3) Where the solicitor for a defendant or co-defendant endorses on a document served under paragraph (1) or (2) a statement that he accepts service of the document on behalf of the defendant or co-defendant, the document shall be deemed to have been duly served on the defendant or co-defendant and to have been so served on the date on which the endorsement was made.

(4) For the purposes of paragraphs (1) and (2), a document shall be deemed to have been duly served on a party by registered post if the document is sent by prepaid registered post to the party, and the party signs and returns an acknowledgment of service in accordance with Form 16 or 17 to the solicitor for the plaintiff, or to the plaintiff if he is acting in person, at the address for service.

(5) Where the party to be served is the defendant, his signature on the acknowledgment of service shall be proved at the trial or hearing.

(6) An application for leave to substitute for the modes of service specified in paragraphs (1), (2) and (3) some other mode of service, or notice of the proceedings by advertisement, shall be made ex-parte by summons supported by an affidavit setting out the grounds on which the application is made.

(7) Where leave is given to substitute for the modes of service specified in paragraphs (1), (2) and (3) notice of the proceedings by advertisement under paragraph (6), the form of the advertisement shall be in accordance with Form 14.

Service out of jurisdiction
12. —(1) Any writ, originating summons, summons or other document in proceedings under Part X of the Act may be served out of the jurisdiction without leave and, except as aforesaid, the procedure with regard thereto shall conform as nearly as may be to the procedure in the like case under the Rules of Court (Cap. 322, R 5).

(2) Unless the court directs otherwise, where a writ is to be served out of the jurisdiction, the time limited for appearance to be endorsed on the writ or entered in any notice accompanying the writ shall be 21 days after service of the writ.

(3) Where an originating summons is to be served out of the jurisdiction, the return date for the originating summons shall be fixed having regard to the time which would be limited for appearance under paragraph (2) if the originating summons had been a writ.

Proof of service
13. Unless the court directs otherwise, and except where service has been dispensed with under rule 15, a writ shall not proceed to trial or hearing unless the defendant, every co-defendant and every person named in the statement of claim who is required under rule 10 (3), or whom the court has directed under rule 10 (4), to be served with the writ —

(a) has entered an appearance; or

(b) where the defendant, co-defendant or person named, as the case may be, has not entered an appearance —

(i) is shown by affidavit in accordance with Form 20 (which shall be filed) to have been served with the writ in accordance with rule 11 or 12; or

(ii) has returned to the solicitor for the plaintiff, or to the plaintiff if he is acting in person, an acknowledgment of service in accordance with Form 16 or 17 which shall be lodged with the Registrar.

Service of other documents
14. —(1) Except as provided in these Rules, Order 62, Rule 6 of the Rules of Court (Cap. 322, R 5) shall apply to the service of any document in proceedings under Part X of the Act.

(2) Unless otherwise provided, the service of any summons shall be effected within 3 days of the filing of the summons.

(3) A copy of every affidavit filed in support of an application under rule 4, or pursuant to an order for interrogatories or discovery, shall be delivered to the other party if he is the plaintiff or has entered an appearance within 24 hours after the affidavit has been filed.

Dispensation with service
15. —(1) The court may, in an appropriate case, dispense with the service of any writ, originating summons, summons or other document on any person.

(2) When an order is made under paragraph (1) that the service of a document be dispensed with, that document shall for the purposes of these Rules be deemed to have been duly served.

Entry of appearance
16. —(1) A defendant, co-defendant or person named in a statement of claim who has been served with a writ may enter an appearance in the proceedings and defend it by a solicitor or in person.

(2) If the person desiring to appear is acting in person, he shall file a memorandum of appearance in accordance with Form 18 or 19, whichever is appropriate, containing an address for service within the jurisdiction.

(3) If a solicitor is acting on behalf of the person desiring to appear, the solicitor shall file a memorandum of appearance in accordance with Form 18 or 19, whichever is appropriate, containing an address for service which shall be the address at which the solicitor carries on business.

(4) A memorandum of appearance shall, unless the court gives leave to the contrary, be filed —

(a) in the case of a writ served within jurisdiction, within 8 days after service of the writ or, where that time has been extended, within the time so extended; and

(b) in the case of a writ served out of jurisdiction, within 21 days after service of the writ or, where that time has been extended, within the time so extended.

(5) The Registrar shall, on receipt of the memorandum of appearance, send to the plaintiff or his solicitor one copy of the memorandum sealed with the seal of the court.

(6) Order 12, Rules 6 and 7 of the Rules of Court (Cap. 322, R 5) shall apply, with the necessary modifications, to a person desiring to appear under this rule.

Consent to grant of judgment of divorce
17. —(1) Where, before the hearing of an action for divorce alleging that the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and the defendant consents to a judgment being granted, the defendant wishes to notify the court that he consents to the grant of a judgment, he must do so by filing his written consent in court.

(2) For the purposes of paragraph (1), a memorandum of appearance containing a statement that the defendant consents to the grant of a judgment shall be treated as such a consent if the acknowledgment is signed —

(a) in the case of a defendant acting in person, by the defendant; and

(b) in the case of a defendant represented by a solicitor, by the defendant as well as by the solicitor.

(3) A defendant to an action for divorce alleging the fact mentioned in paragraph (1) may give notice to the court that he does not consent to a judgment being granted or that he withdraws any consent which he has already given.

(4) Where a notice under paragraph (3) is given in connection with an action for divorce in which none of the other facts mentioned in section 95 (3) of the Act is alleged, the Registrar may give directions on the further conduct of the proceedings.

Defence and counterclaim, etc.
18. —(1) A defendant who has entered an appearance in the proceedings and who wishes to defend all or any of the allegations made in the statement of claim shall, within 14 days after the expiration of the time limited for the entry of such appearance, file a defence in Form 12.

(2) A co-defendant or person named who has entered an appearance in the proceedings and who wishes to defend all or any of the allegations made in the statement of claim shall, within 14 days after the expiration of the time limited for the entry of such appearance, file a defence in Form 12.

(3) A defendant who has entered an appearance in the proceedings and who wishes to apply for divorce, judicial separation or nullity of marriage, in addition to defending all or any of the allegations made in the statement of claim, shall file a defence, together with a counterclaim, in Form 12 (collectively referred to in these Rules as a defence and counterclaim) within the time specified in paragraph (1).

(4) Rules 10, 11, 12, 13 and 15 shall apply, with the necessary modifications, to a counterclaim as they apply to a writ or statement of claim, except that where a counterclaim alleges that the plaintiff has committed adultery, the person with whom the adultery is alleged to have been committed shall be named as a defendant in counterclaim and not as a co-defendant.

(5) Rule 16 shall apply, with the necessary modifications, to the entry of appearance by a defendant in counterclaim or by a person named in a counterclaim who has been served with the counterclaim, as it applies to the entry of appearance by a co-defendant or by a person named in a statement of claim who has been served with a writ, respectively.

(6) A defendant in counterclaim, or a person named in a counterclaim, who has entered an appearance in the proceedings and who wishes to defend all or any of the allegations made in the counterclaim shall, within 14 days after the expiration of the time limited for the entry of such appearance, file a defence to counterclaim in Form 13.

(7) Where the defence filed by a defendant alleges that the plaintiff has committed adultery or has been guilty of an improper association (other than adultery) with a person named —

(a) rule 10 shall apply, with the necessary modifications, to that defence as it applies to a writ or statement of claim;

(b) rule 16 shall apply, with the necessary modifications, to the entry of appearance by the person named, as it applies to the entry of appearance by a person named in a statement of claim who has been served with a writ; and

(c) if the person named has entered an appearance in the proceedings and wishes to defend all or any of the allegations made in that defence, the person named shall, within 14 days after the expiration of the time limited for the entry of such appearance, file a reply in Form 13.

(8) A defendant who has been served with a proposed parenting plan under rule 8 may, within 14 days after the expiration of the time limited for the entry of appearance, and if the court so directs shall, within the time specified by the court, file —

(a) the defendant’s agreement to the proposed parenting plan in Form 29; or

(b) a proposed parenting plan in Form 30 setting out the defendant’s proposed arrangements for the welfare of every dependent child of the marriage.

(9) A defendant who has been served with a proposed matrimonial property plan under rule 9 shall, within 14 days after the expiration of the time limited for the entry of appearance, submit the CPF standard query to the Central Provident Fund Board, which shall give its written reply within such time and in such manner as the Registrar may specify.

(10) A defendant shall, within 14 days of receiving the written reply under paragraph (9) —

(a) send the defendant’s agreement to the proposed matrimonial property plan in Form 33 and the particulars of the HDB matrimonial asset in Form 35 to the solicitor for the plaintiff, or to the plaintiff if the plaintiff is acting in person; or

(b) file a proposed matrimonial property plan in Form 34 setting out the defendant’s proposed arrangements in respect of the HDB matrimonial asset and the particulars in Form 35.

(11) A proposed parenting plan filed under paragraph (8) (b) and a proposed matrimonial property plan filed under paragraph (10) (b) shall be served on the plaintiff within 24 hours after it is filed.

(12) When the time limited for entry of appearance by a defendant, co-defendant, defendant in counterclaim or person named has expired, and no appearance has been entered by that defendant, co-defendant, defendant in counterclaim or person named, then the time for that defendant to file a defence, with or without a counterclaim, for that co-defendant to file a defence, for that defendant in counterclaim to file a defence to counterclaim, or for that person named to file a defence, defence to counterclaim or reply, as the case may be, shall be deemed to have expired notwithstanding that the period of 14 days has not elapsed.

Reply and other pleadings
19. —(1) The plaintiff may file a reply or a reply and defence to counterclaim within 14 days from the service of the defence or the defence and counterclaim, as the case may be.

(2) Where a reply and defence to counterclaim has been filed by the plaintiff, the defendant may file a reply to defence to counterclaim within 14 days from the service of the reply and defence to counterclaim.

(3) Where a defence to counterclaim has been filed by a defendant in counterclaim or person named in a counterclaim, the defendant may file a reply to defence to counterclaim within 14 days from the service of the defence to counterclaim.

(4) Except as provided in paragraphs (2) and (3), no pleading subsequent to a reply or a defence to counterclaim shall be filed without the leave of the court.

(5) All pleadings other than a statement of claim or a defence, with or without a counterclaim, shall be in Form 13.

Contents and delivery of defence and subsequent pleadings
20. —(1) Where a defence, reply, defence to counterclaim or pleading subsequent to a reply contains more than a simple denial of the facts stated in the statement of claim, defence, counterclaim or reply, as the case may be, the pleading shall set out with sufficient particularity the facts relied on but not the evidence by which they are to be proved.

(2) Every defence, with or without a counterclaim, or subsequent pleading shall be signed by the solicitor for the party filing the same, or by that party if he is acting in person.

(3) A copy of every pleading (other than a pleading that is required to be served under rule 11 or 12) shall, within 24 hours after it is filed, be served on the other parties or their solicitors.

Particulars
21. —(1) Any party may by letter require any other party to furnish particulars of any allegation or other matter pleaded, and if the other party fails to furnish the particulars within a reasonable time, the party requiring the particulars may apply for an order that particulars be given.

(2) All particulars, whether given pursuant to an order or otherwise, shall be filed within 24 hours of being furnished to the party requiring them.

Amendment of writ, originating summons, pleadings, etc.
22. —(1) A writ, statement of claim or statement of particulars may be amended without leave before service but only with leave after service.

(2) An order made under paragraph (1) shall, where any appearance has been entered in the proceedings, fix the time within which the memorandum of appearance must be amended or the defence or any subsequent pleadings must be filed or amended.

(3) Unless the court directs otherwise, a copy of the amended writ, amended statement of claim or amended statement of particulars, together with a copy of the order (if any) made under this rule, shall be served upon the defendant and every co-defendant or person named in the proceedings.

(4) Where amendments are made to a writ, statement of claim or statement of particulars, and the effect of any such amendment is to substitute a new defendant, a copy of the writ (incorporating the amendments, if any) shall be served on the new defendant, together with —

(a) the statement of claim (incorporating the amendments, if any);

(b) the statement of particulars (incorporating the amendments, if any);

(c) a copy of an acknowledgment of service in Form 16; and

(d) a copy of a memorandum of appearance in Form 18, and rules 11, 12 and 13 shall apply, with the necessary modifications, to the service of a copy of the writ under this paragraph as they apply to the service of a copy of a writ on a defendant.

(5) Where amendments are made to a writ, statement of claim or statement of particulars, and the effect of any such amendment is to add or substitute a new co-defendant or any other person not named as a party in the original proceedings, a copy of the writ (incorporating the amendments, if any) shall be served on the new co-defendant or other person, as the case may be, together with —

(a) the statement of claim (incorporating the amendments, if any);

(b) the statement of particulars (incorporating the amendments, if any);

(c) a notice of proceedings in Form 15;

(d) a copy of an acknowledgment of service in Form 17; and

(e) a copy of a memorandum of appearance in Form 19, and rules 11, 12 and 13 shall apply, with the necessary modifications, to the service of a copy of the writ under this paragraph as they apply to the service of a copy of a writ on a co-defendant.

(6) Any originating summons, summons, pleading (other than a statement of claim) or document may be amended —

(a) without leave before service; or

(b) with leave after service.

(7) An order made under paragraph (6) may contain directions as to the service of the amended originating summons, summons, pleading or document, as the case may be, and as to the making of consequential amendments to pleadings which have already been filed.

Withdrawal and discontinuance
23. —(1) A party who has entered an appearance in any action under Part X of the Act may withdraw the appearance at any time with the leave of the court.

(2) A party who has commenced an action under Part X of the Act by filing a writ or originating summons may, without the leave of the court, discontinue the action by filing a Notice of Discontinuance in Form 21, so long as the writ or originating summons, as the case may be, has not been served on the defendant or any other party to the action as at the date on which the notice is filed.

(3) If all the parties to an action consent, the action may be discontinued without the leave of the court at any time before trial by filing a Notice of Discontinuance in Form 21 signed by all the parties.

(4) Except as provided by paragraphs (2) and (3), a party may not discontinue an action under Part X of the Act (including an action commenced by way of a counterclaim) without the leave of the court, and the court hearing an application for the grant of such leave may order the action to be discontinued on such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just.

(5) Subject to any terms imposed by the court in granting leave under paragraph (4), the fact that a party has discontinued an action under paragraph (2), (3) or (4) shall not be a defence for any other party to a subsequent action by the party for the same, or substantially the same, cause of action.

(6) Where a party who has discontinued an action is liable to pay any other party’s costs of the action, if before payment of those costs he brings another action for the same, or substantially the same, cause of action, the court may order that action to be stayed until those costs are paid.

(7) A party who has taken out a summons in an action or matter may not withdraw the summons without the leave of the court.

Discovery, inspection of documents and interrogatories
24. —(1) Orders 24, 26 and 26A of the Rules of Court (Cap. 322, R 5) shall apply, with the necessary modifications, to any defended proceedings commenced by writ or originating summons under Part X of the Act, except in relation to any claim for ancillary relief in those proceedings.

(2) Rules 25 to 39 shall apply to all matters involving ancillary relief in any proceedings commenced by writ under Part X of the Act.

Discovery in respect of ancillary relief
25. —(1) Subject to paragraph (9) and rule 35, the court may, at any time, on the application of any party to an action or matter, make an order requiring any other party to make an affidavit stating whether any document specified or described in the application, or any class of documents so specified or described, is or has at any time been in his possession, custody or power, and if not then in his possession, custody or power, when he parted with it and what has become of it.

(2) Upon the making of an order under paragraph (1), if a document or class of documents is stated by the party in his affidavit to be in his possession, custody or power, the court may order the party to exhibit a copy or copies of the document or class of documents in the affidavit.

(3) An application for an order under this rule must be in such form as the Registrar may direct, and be supported by an affidavit stating the belief of the deponent —

(a) that the party from whom discovery is sought under this rule has, or at some time had, in his possession, custody or power, the document or class of documents specified or described in the application; and

(b) that the document falls within one of the following descriptions:

(i) a document on which the party relies or will rely;

(ii) a document which could —

(A) adversely affect his own case;

(B) adversely affect another party’s case; or

(C) support another party’s case; and

(iii) a document which may lead the party seeking discovery of it to a train of inquiry resulting in his obtaining information which may —

(A) adversely affect his own case;

(B) adversely affect another party’s case; or

(C) support another party’s case.

(4) No application under paragraph (1) may be made without the leave of the court in respect of any document or class of documents until the party making the application has served a request on the other party seeking discovery of the said document or class of documents, in such form as the Registrar may direct, at least 14 days before the filing of the application.

(5) The request referred to under paragraph (4) must set out, in respect of each such document or class of documents, the reasons for requesting discovery.

(6) A party who is served with such a written request for discovery shall serve a notice, in such form as the Registrar may direct, within 7 days of having been served with the said request, stating —

(a) which document or class of documents he is willing to provide discovery of, and in what mode he is willing to provide such discovery; and

(b) which document or class of documents he is not willing or not able to provide discovery of.

(7) Unless otherwise agreed by the parties, the document or class of documents which the party is willing to provide discovery of under paragraph (6) (a) shall be provided or made available, as the case may be, within 14 days of the service of the written request for discovery.

(8) In deciding whether to grant an order under paragraph (1), the court shall take into account the extent of discovery which the party from whom discovery is sought has stated that he is willing to provide under paragraph (6) (a), as well as any offer made by the party to give particulars or make admissions relating to any matter in question.

(9) An order under paragraph (1) shall not be made in respect of any party before the granting of the interim judgment, or before the Affidavit of Assets and Means has been filed by the plaintiff and the defendant, unless, in the opinion of the court —

(a) the order is necessary to prevent the disposal of a party’s assets;

(b) the order is made in conjunction with an order preventing the disposal of a party’s assets; or

(c) there is any other exceptional circumstance necessitating the making of the order.

Duty to give discovery continues throughout proceedings
26. After the making of any order under rule 25, the party required to give discovery under the order shall remain under a duty to continue to give discovery of all documents falling within the ambit of the order until the proceedings in which the order was made are concluded.

Inspection of documents in respect of ancillary relief
27. —(1) Any party to an action or matter shall be entitled at any time to serve a notice, in such form as the Registrar may direct, on any other party in whose pleadings or affidavits reference is made to any document, requiring the other party to produce that document for the inspection of the party giving the notice and to permit him to take copies thereof.

(2) The party on whom a notice is served under paragraph (1) must, within 7 days after service of the notice, serve on the party giving the notice a notice in such form as the Registrar may direct —

(a) stating a time within 7 days after the service thereof at which the documents, or such of them as he does not object to produce, may be inspected at a place specified in the notice; and

(b) stating which (if any) of the documents he objects to produce and on what grounds.

Order for production of documents for inspection
28. —(1) If a party who is served with a notice under rule 27 (1) —

(a) fails to serve a notice under rule 27 (2);

(b) objects to producing any document for inspection; or

(c) offers inspection at a time or place such that, in the opinion of the court, it is unreasonable to offer inspection then or, as the case may be, there,

then, subject to rule 35, the court may, on the application of the party entitled to inspection, make an order for the production of the documents in question for inspection at such time and place, in such manner, and on such conditions, as it thinks fit.

(2) Without prejudice to paragraph (1), but subject to rule 35, the court may, on the application of any party to an action or matter, order any other party to permit the party applying to inspect any documents in the possession, custody or power of that other party in respect of which discovery has been given under rule 25 or pursuant to any order made under this rule.

(3) In particular, on the making of an order under rule 25 (1), the court may, in lieu of making an order under rule 25 (2), make such orders for the production of the relevant documents for inspection at such time and place, and in such manner, as it thinks fit.

(4) An application for an order under paragraph (2) must be supported by an affidavit specifying or describing the documents of which inspection is sought and stating the belief of the deponent that they are in the possession, custody or power of the other party and that discovery has been given of them under rule 25 or pursuant to any order made under that rule.

Production of business books
29. —(1) Where the production of any business books for inspection is applied for under rule 28, the court may, instead of ordering the production of the original books for inspection, order a copy of any entries therein to be supplied and verified by an affidavit of some person who has examined the copy with the original books.

(2) Any such affidavit shall state whether or not there are in the original books any, and if so what, erasures, interlineations or alterations.

(3) Notwithstanding that a copy of any entries in any book has been supplied under this rule, the court may order the production of the book from which the copy was made.

Restriction on use of privileged document, inspection of which has been inadvertently allowed
30. Where a party inadvertently allows a privileged document to be inspected, the party who inspected it may use it or its contents only if the leave of the court to do so is first obtained.

Interrogatories in respect of ancillary relief
31. —(1) A party to any proceedings under Part X of the Act may serve interrogatories on any other party to the proceedings, in such form as the Registrar shall direct, setting out in respect of each interrogatory the reasons for requesting the interrogatory.

(2) The interrogatories must relate to a matter in question between the applicant and that other party to the proceedings, and must be necessary either for disposing fairly of the matter or for saving costs.

(3) A party who is served with the interrogatories shall serve a notice, in such form as the Registrar may direct, on the party who has served the interrogatories, within 7 days of having been served with the interrogatories, stating —

(a) which interrogatories he is willing to answer, to the best of his knowledge, information and belief; and

(b) which interrogatories he is not willing or not able to answer.

(4) Unless otherwise agreed between the parties, the interrogatories which the party is willing to answer shall be answered by affidavit to be filed within 14 days of the service of the written request for interrogatories.

(5) In the event that no response is received from the party served with the interrogatories within the period specified in paragraph (3), or if that party has stated in writing, pursuant to paragraph (3), that he is not willing or not able to answer any or all of the interrogatories served, then the party who has served the interrogatories may apply to the court for an order for the relevant interrogatories to be answered.

(6) The application for the interrogatories to be answered under paragraph (5) shall be made by way of summons, and shall be in such form as the Registrar may direct.

(7) A copy of the interrogatories which had been served on the other party under paragraph (1) shall be annexed to and served with the summons.

(8) An order under paragraph (5) shall not be made in respect of any party before the granting of the interim judgment, or before the Affidavit of Assets and Means has been filed by the plaintiff and the defendant, unless, in the opinion of the court —

(a) the order is necessary to prevent the disposal of a party’s assets;

(b) the order is made in conjunction with an order preventing the disposal of a party’s assets; or

(c) there is any other exceptional circumstance necessitating the making of the order.

(9) In deciding whether to grant an application for interrogatories, the court shall take into account any offer made by the party served with the interrogatories to give particulars, make admissions or produce documents relating to any matter in question.

(10) Any interrogatories which the court has ordered to be answered shall be answered by affidavit to be filed within such period as the court directs.

(11) The interrogatories served under paragraph (1) and the application filed under paragraph (5) shall specify, where the interrogatories are to be administered to a body corporate or unincorporate which is empowered by law to sue or be sued, whether in its own name or in the name of an officer or other person, the officer or member on whom the interrogatories are to be administered.

Objections and insufficient answers to interrogatories
32. —(1) Where a person objects to answering any interrogatory on the ground of privilege, he may take the objection in his answer.

(2) Where any person on whom interrogatories have been served, or who has been ordered to answer interrogatories, under rule 31 answers any of them insufficiently, the court may make an order requiring him to make a further answer, either by affidavit or on oral examination as the court may direct.

(3) Where any person gives insufficient answers to interrogatories which have been served on him or ordered under rule 31, the party administering the interrogatories may ask for further and better particulars of the answers given.

Discovery and interrogatories against other person
33. —(1) An application after the commencement of proceedings for an order for the discovery of documents to be given, or for an order for interrogatories to be answered, by a person who is not a party to the proceedings shall be made by summons.

(2) A summons under paragraph (1) must be served on that person personally and on every party to the proceedings.

(3) A summons under paragraph (1) shall be supported by an affidavit which must —

(a) state the grounds for the application, the material facts pertaining to the proceedings, and whether the person against whom the order is sought is likely to be a party to the proceedings;

(b) in respect of an application for the discovery of documents, show, if practicable, by reference to any pleading or affidavit served or intended to be served in the proceedings, that the documents in respect of which the discovery is sought are relevant to an issue arising or likely to arise out of a claim made in the proceedings or the identity of likely parties to the proceedings, or both, and that the person against whom the order is sought is likely to have or have had them in his possession, custody or power;

(c) in respect of an application for interrogatories to be answered, show, if practicable, by reference to any pleading or affidavit served or intended to be served in the proceedings that the answers to the interrogatories are relevant to an issue arising or likely to arise out of a claim made in the proceedings or the identity of likely parties to the proceedings, or both.

(4) A copy of the supporting affidavit shall be served with the summons on every person on whom the summons is required to be served.

(5) The summons shall specify, where the application is for leave to administer interrogatories to a body corporate or unincorporate which is empowered by law to sue or be sued, whether in its own name or in the name of an officer or other person, the officer or member on whom the interrogatories are to be administered.

(6) Subject to rule 35, an order for the discovery of documents to be given by, or for leave to administer interrogatories to, a person who is not a party to the proceedings may be made by the court on such terms as it thinks just —

(a) for the purpose of or with a view to identifying possible parties to the proceedings in circumstances where the court thinks it just to make such an order; or

(b) in any case, where the court thinks it necessary to prevent injustice or to prevent an abuse of the process of the court.

(7) An order for the discovery of documents or for interrogatories to be answered may be made conditional on the applicant giving security for the costs of the person against whom the order is made or on such other terms, if any, as the court thinks just.

(8) The court may make any of the orders set out in rules 25, 27, 28 and 29 in the case of an order for the discovery of documents, or any of the orders set out in rule 31 in the case of an order for interrogatories to be answered, against a person who is not a party to the proceedings.

(9) No person shall be compelled, by virtue of such an order for the discovery of documents, to produce any document which he could not be compelled to produce if he had been served with a subpoena to produce the documents at the trial.

(10) For the purpose of rules 27, 28, 29 and 30, an application for an order for discovery under this rule shall be treated as an action or matter between the applicant and the person against whom the order is sought.

(11) Rule 25 (4) to (9) shall apply to an application or order for discovery which is made under this rule.

(12) Rules 31 and 32 shall apply to an application or order for interrogatories to be answered which is made under this rule.

(13) Unless the court orders otherwise, where an application is made in accordance with this rule for an order, the person against whom the order is sought shall be entitled to his costs of the application, and of complying with any order made thereon, on an indemnity basis.

Order for determination of issue, etc., before discovery, inspection or interrogatories
34. Where, on an application for an order for discovery, inspection or interrogatories, it appears to the court that any issue or question in the action or matter should be determined before any discovery of documents or inspection is, or answers to interrogatories are, given by the parties, the court may order that issue or question to be determined first.

Discovery, inspection and answers to interrogatories to be ordered only if necessary
35. On the hearing of any application for an order under rule 25, 26, 27, 28, 29, 30, 31, 32 or 33, the court may, if satisfied that discovery, inspection or answers to interrogatories are not necessary, or not necessary at that stage of the action or matter, dismiss or, as the case may be, adjourn the application, and shall in any case refuse to make such an order if and so far as it is of the opinion that the discovery, inspection or answers to interrogatories are not necessary either for disposing fairly of the cause or matter or for saving costs.

Order for production to court
36. —(1) At any stage of the proceedings in any action or matter the court may, subject to rule 37, order any party to produce to the court any document in his possession, custody or power that falls within one of the following descriptions:

(a) documents on which a party applying relies or will rely;

(b) documents which could —

(i) adversely affect a party’s case; or

(ii) support a party’s case; and

(c) documents which may lead to a train of inquiry resulting in the obtaining of information which may —

(i) adversely affect a party’s case; or

(ii) support a party’s case.

(2) The court may deal with the document when produced pursuant to an order made under paragraph (1) in such manner as it thinks fit.

Failure to comply with order for discovery, inspection or interrogatories, etc.
37. —(1) If any party fails to comply with any provision in rules 25, 26, 27, 28, 29, 30, 31, 32, 33 and 36, or with any order made under those rules, or both, as the case may be, then, without prejudice to rule 28 (1), the court may make such order as it thinks just.

(2) If any party or person against whom an order for discovery or production of documents, or an order to answer or to make further answer to any interrogatories, is made fails to comply with the order, then, without prejudice to paragraph (1), he shall be liable to committal.

(3) Service on a party’s solicitor of an order for discovery or production of documents made against the party, or of an order for the party to answer or make further answer to any interrogatories, shall be sufficient service to found an application for committal of the party if the party disobeys the order, but the party may show in answer to the application that he had no notice or knowledge of the order.

(4) A solicitor on whom such an order made against his client is served and who fails, without reasonable excuse, to give notice thereof to his client shall be liable to committal.

(5) A party who is required by any provision in rules 25, 26, 27, 28, 29, 30, 31, 32, 33 and 36, or by any order made under those rules, to give discovery of documents or to produce any document for the purpose of inspection or any other purpose, or to answer or make further answer to any interrogatories, but who fails to comply with any provision of this rule or with that order, as the case may be —

(a) may not rely on those documents except with the leave of the court; and

(b) may have an adverse inference drawn against him pursuant to section 116 (g) of the Evidence Act (Cap. 97).

Revocation and variation of orders
38. Any order made under rules 25, 26, 27, 28, 29, 30, 31, 32, 33 and 36 (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the court made or given at or before the trial of the action or matter in connection with which the original order was made.

Document disclosure of which would be injurious to public interest: Saving
39. Rules 25, 26, 27, 28, 29, 30, 31, 32, 33 and 36 shall be without prejudice to any rule of law which authorises or requires the withholding of any document or information on the ground that the disclosure of that document or information would be injurious to the public interest, or against the interests of justice.

Medical examination
40. —(1) In an action for nullity of marriage on the grounds of impotence or incapacity, the plaintiff shall, after a defence has been filed, or if no defence has been filed or appearance entered to the proceedings, after the expiration of the time allowed for filing a defence or entering an appearance, as the case may be, apply to the Registrar for the determination of the question as to whether Medical Inspectors should be appointed to examine the parties.

(2) Upon any such application, the Registrar shall, if in the circumstances of the case he considers it expedient to do so, appoint a Medical Inspector or, if it appears to him necessary, 2 Medical Inspectors to examine the parties and to report to the court the result of the examination.

(3) At the hearing of any such proceedings, the court may, if it thinks fit, appoint a Medical Inspector or 2 Medical Inspectors to examine any party who has not been examined or to examine further any party who has been examined.

(4) The order, endorsed with notice of the time and place of the examination, shall be served upon the defendant, and service of the order shall be effected and proof of such service shall be given in the manner provided for by rules 11 and 13 in the case of service of a copy of a writ on a defendant.

(5) Where the defendant has appeared by a solicitor, service may be effected on the solicitor in the manner provided for by rule 14.

(6) The examination shall, if either party so requires, be held at the office of the Medical Inspector appointed or, as the case may be, of one of the Medical Inspectors appointed or at some other convenient place selected by him or them, and in every other case shall be held at such place as the Registrar shall direct.

(7) The Medical Inspector or Inspectors shall call upon the solicitors for the parties to identify the parties to be examined by him or them, and after such identification, the parties and their solicitors shall sign their names and the paper bearing such signatures shall be signed by the Medical Inspector or Inspectors and annexed to the report.

(8) In an action for nullity of marriage on the ground that the marriage has not been consummated owing to the wilful refusal of the defendant to consummate the marriage, either party may apply for the appointment of Medical Inspectors to examine the parties.

(9) Upon such application, the Registrar shall appoint a Medical Inspector or, if it appears to the Registrar to be necessary, 2 Medical Inspectors, and either of the parties shall be at liberty to submit himself for examination to the Medical Inspector or Inspectors so appointed.

(10) Paragraphs (6) and (7) shall apply to any examination referred to in paragraph (9), and the Medical Inspector or Inspectors shall report to the court the result of any examination made by him or them.

(11) Every report made pursuant to this rule shall be filed, and either party shall be entitled to be supplied with a copy thereof upon payment of the prescribed fee.

Examination of children
41. —(1) After proceedings have been commenced under Part X of the Act, a party shall not, without the leave of the court, cause a child to be examined or assessed by any psychologist, psychiatrist, counsellor or other social work professional or mental health professional for the purpose of the preparation of expert evidence for use in the proceedings for ancillary relief involving the custody and welfare of the child.

(2) An application for leave under paragraph (1) shall be by way of summons, which shall be in such form as the Registrar may direct.

(3) At the hearing of an application for leave under paragraph (1), the court may give such directions and make such orders as it thinks fit, including directions relating to the appointment of an independent expert and the payment of his remuneration, and limiting the number of experts who may be called in the proceedings.

(4) Where a party fails to obtain the leave of the court as required under paragraph (1), no evidence arising out of an examination or assessment to which paragraph (1) applies may be adduced without the leave of the court.

Evidence
42. —(1) Subject to paragraph (2), unless the court directs otherwise, Order 38 of the Rules of Court (Cap. 322, R 5) in relation to an action commenced by writ shall apply, with the necessary modifications, to the trial or hearing of an action commenced by writ under Part X of the Act.

(2) Unless the court directs otherwise, Order 38 of the Rules of Court in relation to a cause or matter begun by originating summons shall apply, with the necessary modifications, to the hearing of an application under rule 4 and an application for ancillary relief in a writ.

(3) Any party may apply for the appointment of an examiner or for a commission or for letters of request to examine a party or witness in any proceedings under Part X of the Act, and for leave to give the depositions taken on examination in evidence at the trial or hearing, and Order 39 of the Rules of Court shall apply to the examination.

(4) Nothing in any order made under this rule shall affect the power of the Judge at the trial or hearing to refuse to admit evidence tendered in accordance with any such order if, in the interests of justice, he should think fit to do so.

Trial of issues
43. A Judge may direct, and a plaintiff and any party to proceedings under Part X of the Act who has entered an appearance may apply to a Judge for directions for, the separate trial of any issue of fact or any question as to the jurisdiction of the court.

Mode of trial
44. —(1) A trial of any proceedings for divorce, presumption of death and divorce, judicial separation, nullity of marriage or rescission of a judgment of judicial separation, as the case may be, shall be heard and determined in open court.

(2) An application for ancillary relief shall be heard and determined in chambers.

(3) Notwithstanding paragraphs (1) and (2), the court may give such directions as to the hearing of any proceedings or application for ancillary relief as may be necessary.

Setting down for trial
45. —(1) The plaintiff shall set the action down for hearing by filing a notice in Form 22 within 14 days after the expiry of the time for the filing of the last pleading or within such other time as the court may direct.

(2) Notice of trial shall be given to each party in the action who has entered an appearance.

(3) If the plaintiff fails to set the action down within the time specified in paragraph (1) or within such extended time as the court or a Judge allows, any party defending the action may set it down for trial or hearing and shall, within 24 hours of having done so, give the plaintiff and all other parties in the action who have entered an appearance notice of his having done so.

(4) Except with the consent of all parties or by leave of the Judge, no action shall be tried or heard until after the expiration of 10 days from the date of setting down.

Right of defendant to be heard
46. After entering an appearance, a defendant may, without filing a defence, be heard in respect of any question as to costs and any question of custody of or access to any child of the marriage.

Intervention by Attorney-General
47. —(1) When the Attorney-General desires to show cause against making final an interim judgment, he shall —

(a) enter an appearance in the action in which the interim judgment has been pronounced;

(b) within 14 days thereafter, file a summons and a supporting affidavit setting forth the grounds and the facts, respectively, upon which he relies; and

(c) within 24 hours of filing the summons and supporting affidavit, deliver a copy each of the summons and the supporting affidavit to the party, or the solicitor of the party, in whose favour the interim judgment has been pronounced.

(2) Where such summons and supporting affidavit alleges a plaintiff’s adultery with any person named, the Attorney-General shall, unless directed otherwise by the court, serve each such person with a copy of the summons and supporting affidavit omitting such part thereof as contains any allegation in which the person so served is not named.

(3) Such copy of the summons shall be accompanied by a notice of proceedings in accordance with Form 15, a copy of an acknowledgment of service in accordance with Form 17 and a copy of a memorandum of appearance in accordance with Form 19, so far as the same are applicable, and shall be served (and service shall be effected) in the manner provided for in the case of a copy of a writ on a co-defendant by rules 11 and 12.

(4) Except as provided in this rule, these Rules shall apply to all subsequent pleadings and proceedings in respect of such summons and supporting affidavit as if the summons and supporting affidavit were an original statement of claim.

(5) If no defence to the summons and supporting affidavit of the Attorney-General is filed within the time limited, or if a defence is filed but has been struck out or is not proceeded with, the Attorney-General may proceed on the summons and apply immediately to rescind the interim judgment and dismiss the action.

(6) If any of the allegations contained in the summons and supporting affidavit of the Attorney-General is not denied in the defence thereto, the party in whose favour the interim judgment has been pronounced shall set down the intervention for trial or hearing and, within 24 hours after setting down the intervention, shall give to the Attorney-General notice of his having done so.

(7) If default is made in setting down and giving notice to the Attorney-General as aforesaid, the Attorney-General may proceed on the summons and apply immediately to rescind the interim judgment and dismiss the action.

(8) If all the allegations contained in the summons and supporting affidavit of the Attorney-General are denied in the defence thereto, the Attorney-General shall set down the intervention for trial or hearing and, within 24 hours after setting down the intervention, shall file and give to the other parties to the intervention notice of his having done so.

Intervention by person other than Attorney-General
48. —(1) When any person, other than the Attorney-General, desires to show cause against making final an interim judgment, he shall —

(a) enter an appearance in the action in which the interim judgment has been pronounced;

(b) within 14 days thereafter, file an affidavit setting forth the facts upon which he relies; and

(c) within 24 hours of filing the affidavit, deliver a copy thereof to the party, or the solicitor of the party, in whose favour the interim judgment has been pronounced.

(2) The party in whose favour the interim judgment has been pronounced may, within 14 days after delivery of the affidavit as aforesaid, file an affidavit in answer and, within 24 hours after filing the affidavit in answer, deliver a copy thereof to the person showing cause or to the solicitor of that person.

(3) If any affidavit in answer is so filed and delivered, the person showing cause may, within a further 14 days, file and deliver copies of affidavits in reply to the party, or the solicitor of the party, in whose favour the interim judgment has been pronounced.

(4) No affidavits shall be filed in rejoinder to the affidavits in reply without leave.

Application by plaintiff or defendant for ancillary relief
49. —(1) Any application by a plaintiff, or by a defendant who files a defence claiming relief, for —

(a) an order for maintenance; or

(b) an order for the division of matrimonial assets, shall be made in the writ or defence, as the case may be.

(2) Notwithstanding anything in paragraph (1), an application for ancillary relief which should have been made in the writ or defence may be made subsequently —

(a) by leave of the court, either by summons or at the trial; or

(b) where the parties have agreed on the terms of the proposed order, without leave, at the trial.

(3) An application by a plaintiff or defendant for ancillary relief, not being an application which is required to be made in the writ or defence, may be made by summons.

Application for ancillary relief after order of Magistrate’s Court
50. Where an application for ancillary relief is made while there is in force an order of a Magistrate’s Court for maintenance of a spouse or child, the applicant shall file a copy of the order on or before the hearing of the application.

Filing of Affidavit of Assets and Means
51. —(1) Where a defendant is served with a writ in which maintenance or an order for division of matrimonial assets is claimed and enters an appearance, the defendant shall, if the court so orders, file an Affidavit of Assets and Means in such form as the Registrar may direct, within such period as the court directs.

(2) If an Affidavit of Assets and Means is filed by a party pursuant to an order by the court, the other party shall, unless the court otherwise orders, and if he has not already done so, within 14 days after delivery of the Affidavit of Assets and Means, file his own Affidavit of Assets and Means.

(3) Rules 25 to 39 shall apply to any application for discovery, interrogatories or inspection relating to an Affidavit of Assets and Means.

(4) An order for the filing of an Affidavit of Assets and Means shall not be made before the granting of an interim judgment, unless the court is of the view that such an order is necessary or desirable.

Evidence in proceedings for division of matrimonial assets or avoidance of disposition
52. —(1) The affidavit filed in support of proceedings for the division of matrimonial assets or an avoidance of disposition shall contain, so far as is known to the deponent —

(a) in the case of an application for a transfer or settlement of assets —

(i) the assets in respect of which the application is made; and

(ii) the assets to which the party against whom the application is made is entitled, either in possession or reversion;

(b) in the case of an application for an order for a variation of settlement order —

(i) all settlements, whether antenuptial or postnuptial, made on the spouses; and

(ii) the funds brought into settlement by each spouse; and

(c) in the case of an application for an avoidance of disposition order —

(i) the assets to which the disposition relates; and

(ii) the persons in whose favour the disposition is alleged to have been made, and in the case of a disposition alleged to have been made by way of settlement, the trustees and the beneficiaries of the settlement.

(2) Where the proceedings for the division of matrimonial assets or an avoidance of disposition relates to land, the affidavit in support shall, in addition to containing any particulars required by paragraph (1) —

(a) state whether the title to the land is registered or unregistered and, if registered, the Land Registry title number;

(b) give particulars, so far as is known to the applicant, of any mortgage of the land or any interest therein; and

(c) give particulars of the registered owner or owners of the land and, if there is more than one owner, the manner in which the land is held, whether as joint tenants or tenants-in-common.

(3) The affidavit or affidavits filed in respect of proceedings for the division of matrimonial assets or an avoidance of disposition, and any application filed to commence such proceedings, shall be served on the following persons as well as on the party defending the proceedings:

(a) in the case of an application for an order for a variation of settlement order, the trustees of the settlement and the settlor, if living;

(b) in the case of an application for an avoidance of disposition order, the person in whose favour the disposition is alleged to have been made, and any mortgagee of whom particulars are given pursuant to paragraph (2); and

(c) such other persons, if any, as the court may direct.

(4) Subject to any directions which may be given by the court, any person served with an affidavit and an application (if any) to which this rule applies may, within 14 days after service, file an affidavit in answer.

Application for order to vary order on ancillary relief
53. —(1) An application to vary an order made in proceedings for ancillary relief shall be made by way of summons.

(2) If an application under paragraph (1) is filed more than one year from the date of the final order on ancillary relief, the application must be served personally on every other party in accordance with rule 11, and proof of service shall be given in a manner provided for by rule 13.

Evidence on application for variation order
54. —(1) An application for an order under section 118 or 119 of the Act shall be supported by an affidavit by the applicant setting out full particulars of his property and income and the grounds on which the application is made.

(2) The party defending the application may, within 14 days after service of the affidavit, file an affidavit in answer.

Custody of and access to children
55. —(1) The plaintiff or the defendant spouse or guardian, or any person who has obtained leave to intervene in the action, for the purpose of applying for custody or who has the custody or control of any child of the marriage under an order of the court, may, after entering an appearance (where applicable) to the writ for this purpose, apply at any time either before or after final judgment to a Judge for an order relating to the custody or education of the child or for directions that proper proceedings be taken for placing the child under the protection of the court.

(2) A plaintiff may, at any time after filing a writ under Part X of the Act, and a defendant spouse may, at any time after entering an appearance, apply for access to any child of the marriage.

Information as to other proceedings relating to children
56. On any application under these Rules relating to any child of a marriage, there shall be filed a statement as to the nature of any proceedings relating to that child which may be in progress in any court in Singapore or elsewhere.

Appeal
57. An appeal shall be made to the Court of Appeal.

Form of judgment and order
58. —(1) A judgment shall be in Form 23 or 24 and shall be issued by the Registrar upon the application of either party to the marriage.

(2) A sealed or other copy of any judgment of the court may be issued to any person requiring it on payment of the prescribed fee.

(3) An order of court, other than an order for an injunction, shall be in Form 25 and shall be signed by the Registrar.

Final judgment
59. —(1) An application by a party to make final an interim judgment pronounced in his favour may be made on any day after the expiration of the period fixed by the court for making the judgment final.

(2) Upon the filing of the application, the Registrar shall cause a search to be made of the court records to be satisfied —

(a) that no appeal against the interim judgment is pending;

(b) that no order has been made by the Court of Appeal extending the time for appealing against that interim judgment or, if any such order has been made, that the time so extended has expired; and

(c) that no appearance has been entered or, if appearance has been entered, that no affidavits have been filed, within the time allowed for filing, by or on behalf of any person wishing to show cause against the interim judgment being made final.

(3) An application referred to in paragraph (1) shall not be made —

(a) before the hearing of all applications for ancillary relief has been concluded; or

(b) after the expiration of one year from the date of the interim judgment or the expiration of 3 months from the date of the last hearing of an application for ancillary relief in the writ or defence, whichever is the later, without the leave of the court.

(4) Upon the filing of the application, the court may make the interim judgment final.

(5) An application by a spouse to make final an interim judgment pronounced against him shall be by summons on not less than 4 days’ notice.

(6) On any application under paragraph (5), the court may make such order as it thinks fit.

(7) A certificate that the interim judgment has been made final, in accordance with Form 26, shall be issued by the Registrar.

(8) The certificate shall be authenticated by affixing thereto the seal of the Registry of the Supreme Court.

Enforcement of orders
60. —(1) Subject to the provisions of these Rules and of any other written law, a judgment or order may be enforced in accordance with the provisions in the Rules of Court (Cap. 322, R 5) for the enforcement of judgments and orders.

(2) Where a party who has been ordered to lodge damages in court fails to do so in accordance with the order, the party in whose favour the order was made may apply to the Judge at any time to vary the order by directing the payment of the damages to an individual to be specified in the application.

(3) The Judge, if satisfied that in the circumstances it is just and equitable to do so, may vary the order for lodgment of damages accordingly upon an undertaking by that individual to lodge the damages in court or otherwise deal with the damages and when received as the Judge may direct, except that if the application is made after the interim judgment has been made final, the Judge may, if satisfied as aforesaid, dispense with the undertaking.

(4) Where a party who has been ordered to pay costs into court fails to do so in accordance with the order, the party in whose favour the order was made may apply to the Registrar to vary the order by directing payment to an individual to be specified in the application.

(5) The Registrar, if satisfied that in the circumstances it is just and equitable to do so, may vary the order accordingly, except that, if the application is made before the interim judgment is made final, the order shall only be made upon the individual undertaking to pay the costs into court as and when received.

Attachment and committal
61. An application for attachment or committal shall be made to a Judge, and any person whose assets are attached or who is committed may apply to a Judge for the discharge of the order for attachment or committal.

Security for costs
62. —(1) On the application of a party to proceedings under Part X of the Act, if, having regard to all the circumstances of the case, the court thinks it just to do so, the court may order any other party to the proceedings to give such security for the applicant's costs of the proceedings, at any stage of the proceedings, and up to any stage of the proceedings, as the court thinks fit.

(2) An application under paragraph (1) must be supported by an affidavit stating the grounds of the application and the amount of security required, and exhibiting a skeleton bill of costs showing how the amount applied for is made up.

(3) Where an order is made requiring any party to give security for costs, the security shall be given in such manner, at such time, and on such terms (if any) as the court may direct.

Costs against co-defendant, etc.
63. Costs directly referable to an interim judgment or final judgment shall not be awarded against a co-defendant or defendant in counterclaim who has not filed a defence unless the court, after having given that party the opportunity to make submissions on the matter, otherwise orders.

Electronic filing and service of documents
64. Order 63A of the Rules of Court (Cap. 322, R 5) shall apply to the filing, service, lodgment, conveyance, delivery, issuance and signing of documents under these Rules.

Fees in matrimonial proceedings
65. —(1) The fees chargeable in respect of matrimonial proceedings under the Act shall be as specified in —

(a) the Second Schedule; and

(b) items 70B, 71, 71D to 71I and 79 of Appendix B of the Rules of Court, in accordance with the District Court scale.

(2) A reference to “A” in item 71D of Appendix B of the Rules of Court shall be read as a reference to the appropriate fee specified in the Second Schedule.

Fees on appeals in matrimonial proceedings
66. The fees chargeable in respect of appeals to the Court of Appeal in matrimonial proceedings shall be as specified in items 126 to 130 of Appendix B of the Rules of Court.

Savings
67. Notwithstanding the revocation of the Women’s Charter (Matrimonial Proceedings) Rules (R 4, 2004 Ed.) and the Women’s Charter (Matrimonial Proceedings — Fees) Rules (R 5, 2004 Ed.), the revoked Rules shall continue to apply to proceedings under Part X of the Act commenced before 1st April 2006 as if those Rules had not been revoked.

FIRST SCHEDULE

Rule 2 (2)
(FORM 1)
Rule 4 (1)

2006-SLREVED-353-R-4-1139878724-0001

2006-SLREVED-353-R-4-1139878724-0002

(FORM 2)
Rule 4 (4)

2006-SLREVED-353-R-4-1139878724-0003

(FORM 3)
Rule 5 (1)

2006-SLREVED-353-R-4-1139878724-0004

2006-SLREVED-353-R-4-1139878724-0005

2006-SLREVED-353-R-4-1139878724-0006

2006-SLREVED-353-R-4-1139878724-0007

(FORM 4)
Rule 5 (2)

2006-SLREVED-353-R-4-1139878724-0008

2006-SLREVED-353-R-4-1139878724-0009

(FORM 5)
Rule 6 (4)

2006-SLREVED-353-R-4-1139878724-0010

(FORM 6)
Rule 7 (1) (a)

2006-SLREVED-353-R-4-1139878724-0011

2006-SLREVED-353-R-4-1139878724-0012

2006-SLREVED-353-R-4-1139878724-0013

2006-SLREVED-353-R-4-1139878724-0014

2006-SLREVED-353-R-4-1139878724-0015

(FORM 7)
Rule 7 (1) (a)

2006-SLREVED-353-R-4-1139878724-0016

2006-SLREVED-353-R-4-1139878724-0017

2006-SLREVED-353-R-4-1139878724-0018

2006-SLREVED-353-R-4-1139878724-0019

2006-SLREVED-353-R-4-1139878724-0020

(FORM 8)
Rule 7 (1) (a)

2006-SLREVED-353-R-4-1139878724-0021

2006-SLREVED-353-R-4-1139878724-0022

2006-SLREVED-353-R-4-1139878724-0023

2006-SLREVED-353-R-4-1139878724-0024

2006-SLREVED-353-R-4-1139878724-0025

2006-SLREVED-353-R-4-1139878724-0026

(FORM 9)
Rule 7 (1) (a)

2006-SLREVED-353-R-4-1139878724-0027

2006-SLREVED-353-R-4-1139878724-0028

2006-SLREVED-353-R-4-1139878724-0029

2006-SLREVED-353-R-4-1139878724-0030

(FORM 10)
Rule 7 (1) (a)

2006-SLREVED-353-R-4-1139878724-0031

(FORM 11)
Rule 7 (1) (b)

2006-SLREVED-353-R-4-1139878724-0032

(FORM 12)
Rule 18 (1), (2) and (3)

2006-SLREVED-353-R-4-1139878724-0033

2006-SLREVED-353-R-4-1139878724-0034

2006-SLREVED-353-R-4-1139878724-0035

2006-SLREVED-353-R-4-1139878724-0036

2006-SLREVED-353-R-4-1139878724-0037

(FORM 13)
Rule 18 (6) and (7) and 19 (5)

2006-SLREVED-353-R-4-1139878724-0038

(FORM 14)
Rule 11 (7)

2006-SLREVED-353-R-4-1139878724-0039

(FORM 15)
Rules 7 (1) (c), 10 (3) (c) and (4) (c),
11 (1) (b) (iii), 22 (5) (c) and 47 (3)

2006-SLREVED-353-R-4-1139878724-0040

2006-SLREVED-353-R-4-1139878724-0041

(FORM 16)
Rules 11 (1) (a) (iii) and (4),
13 (b) (ii) and 22 (4) (c)

2006-SLREVED-353-R-4-1139878724-0042

(FORM 17)
Rules 10 (3) (d) and (4) (d),
11 (1) (b) (iv) and (4),
13 (b) (ii), 22 (5) (d)
and 47 (3)

2006-SLREVED-353-R-4-1139878724-0043

(FORM 18)
Rules 11 (1) (a) (iv), 16 (2) and (3)
and 22 (4) (d)

2006-SLREVED-353-R-4-1139878724-0044

2006-SLREVED-353-R-4-1139878724-0045

(FORM 19)
Rules 10 (3) (e) and (4) (e),
11 (1) (b) (v), 16 (2) and (3),
22 (5) (e) and 47 (3)

2006-SLREVED-353-R-4-1139878724-0046

2006-SLREVED-353-R-4-1139878724-0047

(FORM 20)
Rule 13 (b) (i)

2006-SLREVED-353-R-4-1139878724-0048

2006-SLREVED-353-R-4-1139878724-0049

(FORM 21)
Rule 23 (2) and (3)

2006-SLREVED-353-R-4-1139878724-0050

(FORM 22)
Rule 45 (1) and (3)

2006-SLREVED-353-R-4-1139878724-0051

2006-SLREVED-353-R-4-1139878724-0052

(FORM 23)
Rule 58 (1)

2006-SLREVED-353-R-4-1139878724-0053

2006-SLREVED-353-R-4-1139878724-0054

(FORM 24)
Rule 58 (1)

2006-SLREVED-353-R-4-1139878724-0055

2006-SLREVED-353-R-4-1139878724-0056

(FORM 25)
Rule 58 (3)

2006-SLREVED-353-R-4-1139878724-0057

(FORM 26)
Rule 59 (7)

2006-SLREVED-353-R-4-1139878724-0058

2006-SLREVED-353-R-4-1139878724-0059

2006-SLREVED-353-R-4-1139878724-0060

(FORM 27)
Rule 8 (1) (a)

2006-SLREVED-353-R-4-1139878724-0061

2006-SLREVED-353-R-4-1139878724-0062

(FORM 28)
Rule 8 (1) (b)

2006-SLREVED-353-R-4-1139878724-0063

2006-SLREVED-353-R-4-1139878724-0064

2006-SLREVED-353-R-4-1139878724-0065

(FORM 29)
Rule 18 (8) (a)

2006-SLREVED-353-R-4-1139878724-0066

(FORM 30)
Rule 18 (8) (b)

2006-SLREVED-353-R-4-1139878724-0067

2006-SLREVED-353-R-4-1139878724-0068

2006-SLREVED-353-R-4-1139878724-0069

(FORM 31)
Rule 9 (1) (a)

2006-SLREVED-353-R-4-1139878724-0070

2006-SLREVED-353-R-4-1139878724-0071

(FORM 32)
Rule 9 (1) (b)

2006-SLREVED-353-R-4-1139878724-0072

2006-SLREVED-353-R-4-1139878724-0073

2006-SLREVED-353-R-4-1139878724-0074

(FORM 33)
Rule 18 (10) (a)

2006-SLREVED-353-R-4-1139878724-0075

(FORM 34)
Rule 18 (10) (b)

2006-SLREVED-353-R-4-1139878724-0076

2006-SLREVED-353-R-4-1139878724-0077

(FORM 35)
Rules 9 (1) (a) and (b) and
18 (10) (a) and (b)

2006-SLREVED-353-R-4-1139878724-0078

2006-SLREVED-353-R-4-1139878724-0079

2006-SLREVED-353-R-4-1139878724-0080

2006-SLREVED-353-R-4-1139878724-0081

2006-SLREVED-353-R-4-1139878724-0082

2006-SLREVED-353-R-4-1139878724-0083

2006-SLREVED-353-R-4-1139878724-0084

2006-SLREVED-353-R-4-1139878724-0085

2006-SLREVED-353-R-4-1139878724-0086

2006-SLREVED-353-R-4-1139878724-0087

2006-SLREVED-353-R-4-1139878724-0088

2006-SLREVED-353-R-4-1139878724-0089

SECOND SCHEDULE

Rule 65

FEES IN MATRIMONIAL PROCEEDINGS

         
Document to be stamped
No.
Items
 
Fees
 
1. Filing a writ of summons (Form 3) or originating summons  
$42
  The filed copy
2. Agreed parenting plan or proposed parenting plan (Forms 27, 28 and 30)  
$ 7
  The filed copy
3. Agreed matrimonial property plan or proposed matrimonial property plan with particulars of arrangements for housing in Form 35 attached (Forms 31, 32 and 34)  
$ 7
  The filed copy
4. Notice of proceedings (Forms 2 and 15)  
$ 7
  The filed copy
5. Acknowledgment of service (Forms 16 and 17)  
$ 7
  The filed copy
6. Memorandum of appearance (Forms 18 and 19)  
$ 7
  The filed copy
7. Filing a statement of claim (Forms 6, 7, 8, 9 and 10), a statement of particulars (Form 11), a defence or defence and counterclaim
(Form 12) or any other pleading (Form 13)
 
$ 7
  The filed copy
8. Filing an amended pleading or document  
$ 7
  The filed copy
9. Filing interrogatories (each set)  
$ 7
  The filed copy
10. On sealing any form of application  
$14
  The filed copy
11. On entering or sealing any judgment or order whether made in Chambers or in Court  
$35
  Judgment or order
12. Setting an action down for trial (Form 22)  
$63
  Request
13. On every —       Request
  (a) subpoena  
$ 7
   
  (b) urgent subpoena  
$14
   
  Note: An urgent subpoena is one issued less than 3 days before the trial        
14. Certificate of making interim judgment final (Form 26)  
$14
  Certificate
15. On taking or re-taking an affidavit or a declaration in lieu of an affidavit, or a declaration or an acknowledgment for each person making the same  
$14
  Affidavit or Declaration
  And in addition for each exhibit referred to therein and required to be marked  
$3.50
   
16. On filing an affidavit, for every page or part thereof including exhibit annexed thereto or produced therewith (whether filed or not) subject to a minimum fee of $7 per affidavit  
$0.70
  The filed copy
17. On filing any other document for which no fee is specifically provided  
$7
  The filed copy.

[G.N.No. S 854/2005]

  

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