ORDER 12

ENTRY OF APPEARANCE

Mode of entering appearance (O. 12, r. 1)
1. —(1) Subject to paragraph (2) and Order 76, Rule 2, a defendant to an action begun by writ may (whether or not he is sued as a trustee or personal representative or in any other representative capacity) enter an appearance in the action and defend it by a solicitor or in person.

(2)   Except as expressly provided by any written law or any Practice Directions for the time being issued by the Registrar, a defendant to such an action who is a body corporate may not enter an appearance in the action or defend it otherwise than by a solicitor.

S 228/2007, wef 01/07/2007

(3) An appearance is entered by properly completing a memorandum of appearance, as defined by Rule 2, and a copy thereof, and handing them in at the Registry.

(4) If 2 or more defendants to an action enter an appearance by the same solicitor and at the same time, only one memorandum of appearance need be completed and delivered for those defendants.

Memorandum of appearance (O. 12, r. 2)
2. —(1) A memorandum of appearance is a request to the Registry to enter an appearance for the defendant or defendants specified in the memorandum.

(2) A memorandum of appearance must be in Form 10 and both the memorandum of appearance and the copy thereof required for entering an appearance must be signed by the solicitor by whom the defendant appears or, if the defendant appears in person, by the defendant.

(3) A memorandum of appearance must specify —

(a) in the case of a defendant appearing in person, the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent; and

(b) in the case of a defendant appearing by a solicitor a business address of his solicitor within the jurisdiction, and where the defendant enters an appearance in person, the address within the jurisdiction specified under sub-paragraph (a) shall be his address for service, but otherwise his solicitor’s business address shall be his address for service.

(4) If the memorandum of appearance does not specify the defendant’s address for service or the Court is satisfied that any address specified in the memorandum of appearance is not genuine, the Court may on application by the plaintiff set aside the appearance or order the defendant to give an address or, as the case may be, a genuine address for service and may in any case direct that the appearance shall nevertheless have effect for the purposes of Order 10, Rule 1 (3), and Order 62, Rule 10.

Procedure on receipt of memorandum of appearance (O. 12, r. 3)
3. —(1) On receiving the memorandum of appearance and the copy thereof, an officer of the Registry must in all cases affix to the copy of the memorandum of appearance an official stamp showing the date on which he received those documents and hand back that copy of the memorandum.

S 637/2006, wef 01/01/2007

(2) Where the defendant enters an appearance, he must on the date on which he enters the appearance send by post to the plaintiff, if the plaintiff sues in person, but otherwise to the plaintiff’s solicitor, at the plaintiff’s address for service, the copy of the memorandum of appearance handed back to him under paragraph (1).

Time limited for appearing (O. 12, r. 4)
4. References in these Rules to the time limited for appearing are references —

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

(b) in the case of a writ served out of the jurisdiction, to 21 days after service of the writ as provided for in Order 10, Rule 2 or Order 11, Rule 2 or to such extended time as the Court may otherwise allow.

Late appearance (O. 12, r. 5)
5. —(1) A defendant may not enter an appearance in an action after judgment has been entered therein except with the leave of the Court.

(2) Except as provided by paragraph (1), nothing in these Rules or any writ or order thereunder shall be construed as precluding a defendant from entering an appearance in an action after the time limited for appearing, but if a defendant enters an appearance after that time, he shall not, unless the Court otherwise orders, be entitled to serve a defence or do any other thing later than if he had appeared within that time.

Appearance not to constitute a waiver (O. 12, r. 6)
6. The appearance by a defendant in an action shall not be treated as a waiver by him of any irregularity in the writ or service thereof or in any order giving leave to serve the writ out of the jurisdiction or extending the validity of the writ for the purpose of service.

Dispute as to jurisdiction, etc. (O. 12, r. 7)
7. —(1) A defendant who wishes to dispute the jurisdiction of the Court in the proceedings by reason of any such irregularity as is mentioned in Rule 6 or on any other ground shall enter an appearance and within the time limited for serving a defence apply to the Court for —

(a) an order setting aside the writ or service of the writ on him;

(b) an order declaring that the writ has not been duly served on him;

(c) the discharge of any order giving leave to serve the writ on him out of the jurisdiction;

(d) the discharge of any order extending the validity of the writ for the purpose of service;

(e) the protection or release of any property of the defendant seized or threatened with seizure in the proceedings;

(f) the discharge of any order made to prevent any dealing with any property of the defendant;

(g) a declaration that in the circumstances of the case the Court has no jurisdiction over the defendant in respect of the subject-matter of the claim or the relief or remedy sought in the action; or

(h) such other relief as may be appropriate.

(2) A defendant who wishes to contend that the Court should not assume jurisdiction over the action on the ground that Singapore is not the proper forum for the dispute shall enter an appearance and, within the time limited for serving a defence, apply to Court for an order staying the proceedings.

(3) An application under paragraph (1) or (2) must be made by summons supported by an affidavit verifying the facts on which the application is based and a copy of the affidavit must be served with the summons.

(4) Upon the hearing of an application under paragraph (1) or (2), the Court may make such order as it thinks fit and may give such directions for its disposal as may be appropriate, including directions for the trial thereof as a preliminary issue.

(5) A defendant who makes an application under paragraph (1) shall not be treated as having submitted to the jurisdiction of the Court by reason of his having entered an appearance and if the Court makes no order on the application or dismisses it, paragraph (6) shall apply as if the defendant had not made any such application.

(6) Except where the defendant makes an application in accordance with paragraph (1), the appearance by a defendant shall, unless the appearance is withdrawn by leave of the Court under Order 21, Rule 1, be treated as a submission by the defendant to the jurisdiction of the Court in the proceedings.

Application by defendant where writ not served (O. 12, r. 8)
8. —(1) Any person named as a defendant in a writ which has not been served on him may serve on the plaintiff a notice requiring him within a specified period that is not less than 14 days after service of the notice either to serve the writ on the defendant or to discontinue the action as against him.

(2) Where the plaintiff fails to comply with a notice under paragraph (1) within the time specified, the Court may, on the application of the defendant by summons, order the action to be dismissed or make such other order as it thinks fit.

(3) A summons under paragraph (2) shall be supported by an affidavit verifying the facts on which the application is based and stating that the defendant intends to contest the proceedings and a copy of the affidavit must be served with the summons.

(4) Where the plaintiff serves the writ in compliance with a notice under paragraph (1) or with an order under paragraph (2), the defendant must enter an appearance within the time limited for so doing.

No appearance to originating summons (O. 12, r. 9)
9. No appearance need be entered to an originating summons.