SINGAPORE Law and Practice Contributed by: Benedict Teo, Kelvin Tan, Kong Man Er and Shumin Lin, Drew & Napier LLC
rigorous pre-trial management process. There are also dedicated frameworks for certain types of claims, low- er-value claims and general claims filed in the District Courts. At a CC, each party’s lawyers will usually update the registrar on the status of the proceedings, and the court will set the timelines and give directions for the proceedings. Closer to the trial, each party’s lawyers will provide information such as the number of wit- nesses, the number of days for trial and the estimated costs of proceeding to trial. Directions may also be given for parties to exchange lists of issues for expert witnesses. CCs may also be conducted by judges, otherwise known as judge’s case conference (JCCs). JCCs are usually scheduled after the completion of discovery, and again after the exchange of the affidavits of evi- dence-in-chief of the witnesses. Interlocutory Applications Once litigation has commenced, the parties may require a court decision on a variety of matters relat- ing to the conduct of the case, such as an extension of time for filing pleadings or obtaining a summary judgment; see 4.1 Interim Applications/Motions . Interlocutory applications are generally heard in cham- bers, before registrars at first instance, although in some cases they are heard before judges. 7.3 Jury Trials in Civil Cases In Singapore, jury trials are not available under any circumstances. 7.4 Rules That Govern Admission of Evidence The admissibility of evidence is governed by the Evi- dence Act 1893. Evidence is admissible only if it is relevant, subject to exclusionary rules. There are a number of exclusion- ary rules, including legal professional privilege (see 5.5 Legal Privilege ) and “without prejudice” commu- nications (see 5.6 Rules Disallowing Disclosure of a Document ) and hearsay evidence.
Hearsay evidence refers to a person’s assertion made out of court, which is tendered to prove the truth of the matters to which it refers. Hearsay evidence is generally inadmissible unless it falls within an excep- tion in the Evidence Act, such as statements relating to the existence of any relationship by blood, marriage or adoption, or a statement that is made by a person who is dead or who cannot be produced as a witness. 7.5 Expert Testimony Expert evidence is admissible on matters that require specialised knowledge or training, provided that the expert evidence is sufficiently relevant and will advance the court’s inquiry into the facts. Court approval is required for the admission of expert evidence. The parties must consider whether expert evidence will contribute materially to the determina- tion of any issue that relates to scientific, technical or other specialised knowledge and whether such issue can be resolved by an agreed statement of facts or by submissions based on mutually agreed materials. The court must not approve the use of expert evidence unless it will contribute materially to the determina- tion of any issue in the case and the issue cannot be resolved by an agreed statement of facts or by sub- missions based on mutually agreed materials. As far as possible, parties must agree on one common expert; a party may not rely on expert evidence from more than one expert for any issue, except in a special case and with court approval. The court also has the power to appoint an expert. An expert witness’s primary duty is to the court. The expert must provide independent assistance to the court by way of supplying an objective, unbiased opinion in relation to the matters within the expert’s expertise. 7.6 Extent to Which Hearings Are Open to the Public Hearings Generally, all trials are held in open court, and the public can attend these hearings. CCs and interlocu- tory hearings are conducted in chambers and are thus closed to the public.
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