SINGAPORE Law and Practice Contributed by: Benedict Teo, Kelvin Tan, Kong Man Er and Shumin Lin, Drew & Napier LLC
5. Discovery 5.1 Discovery and Civil Cases
nesses after the pleadings have been filed and served, but before document production and before the court considers the need for any application. This is to avoid the possibility that witnesses may adjust their evi- dence to match disclosed documents, to crystallise key issues and streamline the matters to be dealt with in the SAPT, and reduce the scope of disclosure and potentially obviate the need for expert evidence. Unless the SICC or High Court orders otherwise, dis- covery in SICC cases is governed by its own set of rules, which is similar to international arbitration prac- tice. In SICC cases, each party provides all the documents on which it relies within the time and in the manner ordered by the SICC. Parties in SICC proceedings need not provide general disclosure of both ben- eficial and self-damaging documents. A party in an SICC proceeding may be required to disclose par- ticular documents upon application by the other party only if they are relevant and material to the requesting party’s case. 5.2 Discovery and Third Parties A party may apply for discovery from a person who is not a party (ie, not a claimant or a defendant) to the civil case. The application should specify the docu- ments sought, and must be served personally on the third party and on every other party to the proceed- ings. The supporting affidavit must state the grounds for the application, why the third party is likely to have the requested documents, how the requested documents are relevant to an issue arising in the case, and why it The discovery process during a civil case comprises two stages: general discovery and specific discovery. These stages are outlined in 5.1 Discovery and Civil Cases . 5.4 Alternatives to Discovery Mechanisms The court may order the production of documents and information before the commencement of proceed- ings to identify possible parties to any proceedings, would be just to grant the application. 5.3 Discovery in This Jurisdiction
A party usually gives discovery by serving a list of documents with a brief description of each document. The opposing party is entitled to inspect and obtain copies of the listed documents. For general discovery, the court may order that the parties must exchange a list of and a copy of all docu- ments in their possession or control that fall within one or more of the following categories, within 14 days: • all documents upon which a party relies; • all documents that a party ought reasonably to know are adverse to the party’s case; and • where applicable, documents that fall within a broader scope of discovery: (a) as may be agreed between the parties or any set of parties; or (b) as ordered by the court. Parties can apply for specific discovery. The court will order specific discovery only if the requested docu- ments are properly identified and are material to the issues in the case. The production of documents is guided by the ROC’s five Ideals (see 4.1 Interim Applications/Motions ). The two guiding principles governing discovery and production of documents are that: • a claimant is to sue and proceed on the strength of the claimant’s case and not on the weakness of the defendant’s case; and • a party that sues or is sued in court does not thereby give up its right to privacy and confidential- ity in its documents and communications. If a broader scope of discovery ensues by agreement or an order of court, the court primarily considers the ROC’s five Ideals and whether such broader discovery is in the interests of justice in aiding the fair disposal of the proceedings. The court may order the parties to file and exchange affidavits of evidence-in-chief of all or some of the wit-
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