SINGAPORE Law and Practice Contributed by: Foo Yuet Min, Kong Man Er, Shumin Lin and See Chern Yang, Drew & Napier LLC
The court also has the power to appoint an expert. Regardless of whether an expert is appointed by a party or by the court, 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, unbi- ased 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 interlocutory hearings are conducted in cham- bers and are thus closed to the public. In certain circumstances, trials may be held in camera (ie, in a court that is closed to the gen- eral 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 generally be tried in camera. The court also has broad discretion and may order a matter to be heard in camera if it is satis- fied 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 avail- able for public inspection upon payment of the prescribed fee, and a copy shall be handed to any member of the public upon payment of the appropriate charges. Where proceedings are heard in camera, any judgment pronounced or delivered in such pro- ceedings shall not be available for public inspec-
tion, although the court has the power to allow inspection or copies to be made of the judg- ment. In practice, written judgments delivered in respect of proceedings heard in camera are sometimes published, but with important details such as the identity of the parties redacted. 7.7 Level of Intervention by a Judge The courts adopt an adversarial system (as opposed to an inquisitorial one). The examina- tion and cross-examination of witnesses are pri- marily the responsibility of counsel. However, the judge can ask witnesses or coun- sel 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, discourage repetition and/or prevent undue evasion and/or obduracy by the witness con- cerned (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 keep- ing an open mind and has not prejudged the outcome of the particular issue or issues or the result of the case itself. 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 origi- nating claim with a statement of claim, or the originating application supported by affidavit, on a defendant expeditiously. The originating claim must annex a notice of intention to contest or not contest the claim in the appropriate form.
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