Part 7: Case Conferences

55. Attendance of counsel at case conferences

56. Documents to be filed for case conferences

• Pre-Case Conference Questionnaire

• List of Issues

• Expert Witness Template

• Position on an order under Order 9, Rule 8(1) of the Rules of Court 2021

• Single application pending trial checklist (SAPT Checklist)

55. Attendance of counsel at case conferences

(1) A case conference referred to in Order 9, Rule 1 of the Rules of Court 2021 should be attended by lead counsel, or counsel who is familiar with the case and has sufficient authority to make decisions. Otherwise, the Court may stand down or adjourn the case conference until a counsel who has sufficient knowledge and authority is present.

(2) A case conference is generally conducted by the Registrar, but the Registrar may refer any matter at any time to the assigned Judge in that action, or if there is none, to any Judge. A case conference conducted by the Registrar is referred to as a Registrar’s Case Conference (“RCC”).

56. Documents to be filed for case conferences

Pre-Case Conference Questionnaire

(1) The Pre-Case Conference Questionnaire (“PCQ”) is intended to facilitate the Court’s discussion with parties at the case conferences on the various issues, timelines and milestones for each case. Counsel or parties who are not legally represented should familiarise themselves with the PCQ and be ready to address the Court on the issues relevant to the parties’ respective cases.

(2) Unless the Court otherwise directs, each party must file the PCQ in the manner and form set out in Form B6 of Appendix B of these Practice Directions, to the extent possible, 1 week before the first RCC. Parties are to confer and discuss the matters in the PCQ, including agreed positions (if any) before filing the PCQ.

(3) Unless otherwise directed by the Court, the first RCC will be fixed:

(a) in a case where the defendant is to be served in Singapore, 8 weeks after the originating claim or originating application is issued; or

(b) in a case where an originating claim or originating application is to be served out of Singapore, 12 weeks after the originating claim or originating application is issued.

(4) At the first RCC, the PCQ will be discussed with the Registrar. The Registrar may direct parties to update or supplement parts of the PCQ at a later stage, if necessary.

List of Issues

(5) At an appropriate stage of the proceedings, the Court may direct the parties to file a List of Issues (“LOI”) which may also be included in the PCQ.

(6) The LOI is a neutral case management tool which identifies the principal issues in dispute and enables the Court and parties to determine matters such as the scope of production of documents and the scope of factual and expert evidence (if any) which should be adduced. The LOI will be continually reviewed and refined by the Court and the parties at the case conferences as the case progresses.

(7) Where both parties are not legally represented, the Court may work with the parties on the drafting of the LOI during the case conference.

Expert Witness Template

(8) Prior to the RCC where the issue of expert evidence (if any) is discussed, the parties are to fill in an Expert Witness Template in Form B7 of Appendix B of these Practice Directions.

(9) The Expert Witness Template requires the parties to provide information such as the general information pertaining to the proposed expert(s), the list of issues to be referred to the proposed expert(s), the proposed timelines for the proposed expert(s) to render his or her opinion, and the proposed duration for the expert(s)’ evidence at trial.

Position on an order under Order 9, Rule 8(1) of the Rules of Court 2021

(10) Order 9, Rule 8(1) of the Rules of Court 2021 states:

Affidavits of evidence-in-chief (O. 9, r. 8)

8.—(1) If the application to challenge the jurisdiction of the Court has been dealt with or where there is no challenge to the jurisdiction of the Court, after pleadings have been filed and served but before any exchange of documents, the Court may, in any particular case, order the parties to file and serve their lists of witnesses and the affidavits of evidence-in-chief of all or some of the witnesses simultaneously or in any sequence.

(11) In appropriate cases, the parties will be required to indicate at the RCC whether they have any objection to an order under Order 9, Rule 8(1) of the Rules of Court 2021 being made in their case.

Single application pending trial checklist (SAPT Checklist)

(12) At least 2 weeks before the date of the RCC where the issue of the filing of the SAPT will be discussed, or within such other period as the Court may direct, the Court may direct parties to complete the SAPT Checklist. A sample SAPT Checklist can be found in Form B8 of Appendix B of these Practice Directions. The SAPT Checklist is intended for parties to indicate their preferred sequence of the matters set out in the SAPT.

(13) The parties must fill in the SAPT Checklist in the following manner:

(a) At the point of filing the SAPT, the applicant must complete columns A, B and C of the SAPT Checklist and serve it on the respondent.

(b) The parties are to confer on the applicant’s proposed sequence for the matters to be heard as set out in column C of the SAPT Checklist.

(c) Where the parties agree on the proposed sequence for the matters to be heard as set out in column C of the SAPT Checklist, the respondent is to indicate this in column D of the SAPT Checklist.

(d) Where the respondent does not agree to the whole or any part of the applicant’s proposed sequence for the matters to be heard as set out in column C of the SAPT Checklist, the applicant is to include brief reasons for the applicant’s position, and the respondent is to set out in column D of the SAPT Checklist the respondent’s proposed sequence for the matters to be heard as well as brief reasons for the respondent’s position.

(14) The respondent must file the completed SAPT checklist at least 1 week before the date of the RCC where the issue of the filing of the SAPT will be discussed, or within such other period as the Court may direct.

(15) Directions may be given by the Court for the soft copy of the SAPT Checklist in Microsoft Word format to be sent via email to the Registry.

(16) The Court will then issue the directions on the SAPT to inform parties of the sequence of the matters to be heard for the SAPT.