SINGAPORE Law and Practice Contributed by: Benedict Teo, Kelvin Tan, Kong Man Er and Shumin Lin, Drew & Napier LLC
In certain circumstances, trials may be held in camera (ie, in a court that is closed to the general public). For example, the maintenance of privacy or secrecy is a primary consideration in matrimonial suits and suits under the Adoption of Children Act, which must gen- erally be tried in camera. The court may order a matter to be heard in camera if it is satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or if there is any other sufficient reason to do so. Transcripts and Judgments A copy of every judgment delivered in any cause or matter heard in open court is available for public inspection upon payment of the prescribed fee. Where proceedings are heard in camera, any judg- ment pronounced or delivered in such proceedings shall not be available for public inspection, although the court has the power to allow inspection or copies to be made of the judgment. In practice, written judg- ments delivered in respect of proceedings heard in camera are sometimes published, but with important details redacted. 7.7 Level of Intervention by a Judge The courts adopt an adversarial system (as opposed to an inquisitorial one). The examination and cross- examination of witnesses are primarily the responsibil- ity of counsel. However, the judge can ask witnesses or counsel questions if, among other things: • it is necessary to clarify a point or issue that has been overlooked or has been left obscure, or to raise an important issue that has been overlooked by counsel; • it enables the judge to follow the points made by counsel; • it is necessary to exclude irrelevancies, discour- age repetition and/or prevent undue evasion and/ or obduracy by the witness concerned (or even by counsel); or • it serves to assist counsel and their clients to be cognisant of what is troubling the judge, provided it is clear that the judge is keeping an open mind and
has not prejudged the outcome of the particular issue or issues or the result of the case itself. At the end of the trial, the trial judge will either deliv- er judgment immediately or reserve judgment to be delivered at a future date. If the judge requires more time to deliberate, the trial judge will usually reserve judgment to be delivered at a future date; see 7.1 Trial Proceedings . If judgment is given on the same day at the end of the case proceedings, this is referred to as an ex tempore decision. 7.8 General Timeframes for Proceedings An action is commenced by filing an originating claim or an originating application. The claimant has to take reasonable steps to serve the originating claim with a statement of claim, or the originating application supported by affidavit, on a defendant expeditiously. Originating Claims Once the originating claim with a statement of claim has been served on a defendant in Singapore, the defendant will have to file and serve a notice of inten- tion to contest or not contest the claim within 14 days. If the originating claim with a statement of claim is served out of jurisdiction, the defendant will have 21 days to file the notice of intention to contest or not contest the claim. The statement of claim, which sets out the relevant facts establishing the claim, may be endorsed on and served together with the originating claim. Where the originating claim does not have an endorsed state- ment of claim, the statement of claim must be filed and served on the defendant within 14 days after the originating claim has been served. Where the defendant has filed a notice of intention to contest the claim and intends to defend an action, the defendant must file and serve a defence to the originating claim within 21 days after the statement of claim is served on the defendant if the defendant was served in Singapore, or within five weeks after the statement of claim is served on the defendant if the defendant was served out of Singapore. A defendant may file and serve a counterclaim in the same action.
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