Information+for+novel+court

From: http://app.subcourts.gov.sg/criminal/page.aspx?pageid=10113 If you are charged in court for a criminal offence, you will first be brought before a Criminal Mentions Court. Here, the charge will be officially read and explained to you. You will then be asked if you are claiming trial or pleading guilty to the charge. "Pleading guilty" means that you admit that you are guilty as charged. "Claiming trial" means that you dispute the charge. If you claim trial, the mentions court will fix the case for a Pre-Trial Conference. The purpose of the Pre-Trial Conference is to ascertain if the case is ready for trial. You have to attend this conference together with the prosecution who will be represented either by a police prosecutor or a deputy public prosecutor. At this conference, the judge will be informed of the nature of the evidence that will be tendered by the prosecution and by you. The witnesses will also be made known. The judge will thereafter give a date for the trial. You should address the following matters : Enquire if the prosecution intends to make use of any written statement given by you to the police; and if the answer is yes, you may request for a copy of the statement. Indicate to the court the number of witnesses that you wish to call at the trial. If you or any of your witnesses cannot speak English, you should inform the judge that you require the assistance of an interpreter for the trial.
 * CLAIMING TRIAL OR PLEADING GUILTY**
 * What Is A Pre-Trial Conference?**

__Witnesses__ You must make sure that all your witnesses turn up for the trial. If you are not sure whether the witnesses are willing to turn up, you should apply at the Crime Registry for a Summons to a Witness to be issued against that witness. A fee of $1 is payable at the Crime Registry for every Summons that is issued. A court process server will serve the document on the witnesses.
 * Preparing For The Trial**

On the day of the trial, you must ensure that you have brought the evidence that you need to court. If the evidence comprises documents, you must make sure you have at least four copies of each document: one (the original) for the court,one for the prosecution, one for the witness and one for yourself. You must also make sure that the author of the document is in court. Otherwise the document may not be admitted as evidence for the trial. You should arrive early to find your way to the right court on time. Upon arrival, you should inform the court officer of your presence and confirm that your case is fixed in that court. If you are late or absent, a warrant of arrest may be issued against you. You should be dressed appropriately in court. You should avoid shabby or indecent attire. When the judge enters the courtroom, you should stand up and bow as a show of respect for the judge. You should address the judge as "Your Honour", the prosecutor as "the learned prosecutor" and the witness by their surname e.g. Mr Tan or Miss Kamala. In a criminal trial, the prosecution will present their case first. This is donethrough calling their witnesses to give evidence. When the first witnesses is on the stand, the rest of the witnesses must remain outside the courtroom. You must ensure that your witnesses are outside the courtroom as well. When the prosecution's witness is on the stand, the prosecution will be given the first opportunity to ask the witness questions. This stage is known as the "examination-in-chief" of the witness. You should listen carefully to the questions and answers and make notes for your own reference. After the prosecutor had asked all the questions, you will be allowed to ask the witness questions. This is known as the "cross-examination" of the witness. This is the opportunity you have to challenge the evidence given by the witness. You can do so by giving your version of the events to the witness and asking the witness if he agrees with it. You may also rely on documentary evidence to contradict the evidence given by the witness. You are not allowed to ask questions that are intended to insult or embarrass the witness. After your cross-examination, the prosecutor is allowed to ask further questions of the witness in order to clarify some of the answers given by the witness during cross-examination. This is known as the "re-examination" of the witness. After the prosecution has called all their witnesses, the court will decide if the prosecution has presented a sufficiently strong case such that you must answer the charge. If there is such a case proven by the prosecution, the court will ask you to present your defence and you will be given two options. The first is to give evidence from the witness stand on oath and you will also be liable to answer questions from the prosecutor. Alternatively, you can choose to remain silent. However, if you keep silent, the court may draw all reasonable inferences, including those that may be against you. You are entitled to call other witnesses in support of your defence regardless of which of the two options you chose. Assuming that you have chosen to give evidence, you will be the first person to go on the stand. After stating the oath, you should introduce your name and address followed by your current occupation. Thereafter, you can proceed to give your version of the events. The prosecutor will thereafter cross-examine you. When you have finished giving your evidence, you may then call your other witnesses to the stand. As these are your witnesses, you will be given the opportunity to ask them questions first before the prosecutor cross-examines them. Similarly, you will be able to re-examine your witnesses after the cross-examination. When questioning your witness, it is important to note that you should ask open-ended questions instead of stating your version of the events and asking the witness if he agrees with it. At the end of the trial, you will be given the opportunity to make a closing submisson. This is basically an opportunity for you to highlight the weaknesses of the evidence presented by the prosecution and give reasons why the evidence that you have presented is more credible and should be accepted by the court. The prosecutor will thereafter have a chance to reply to your submissons.
 * On The Day Of The Trial**
 * Court Decorum**
 * The Trial**
 * The Calling Of The Defence**
 * Presenting The Defence Case**
 * Closing Submissions**

The verdict is the decision of the court as to whether you are guilty or not. The court may pronounce the verdict immediately after listening to submissions or the court may adjourn the case to take more time to consider its decision. If the verdict is that you are guilty, you should not argue with the judge or protest in any other way in the courtroom as that may amount to contempt of court. If you are not satisfied with the result, you should instead file an appeal with the Crime Registry within 10 calendar days from the pronouncement of the verdict. The appeal can be against the verdict or the sentence imposed or both. If the verdict is that you are guilty, the prosecutor will then inform the court if you have any previous convictions. You will be given an opportunity to confirm or dispute the information given by the prosecutor. Thereafter you will be given an opportunity to inform the court of any reasons as to why a lenient sentence should be imposed on you. This is called mitigation. The court will then pass the sentence after taking into consideration your mitigation. From: http://app.subcourts.gov.sg/criminal/page.aspx?pageid=10165
 * The Verdict**
 * Mitigation**

Pleading guilty means that you admit fully and unconditionally to the offence committed. The prosecuting officer will then read out the Statement of Facts (SOF) relating to your charge and any previous convictions that you may have. Your plea of guilt will be accepted when you admit to the SOF and previous convictions. Before the Court passes sentence, you will be asked if you have any mitigating factors for the Court to consider. A plea in mitigation is when you ask the court to be lenient when imposing sentence. You should state specific reasons for the Court to impose a lighter sentence than it normally would. For example, family background, educational qualification, medical history, employment history and relevant factors which gave rise to the offence.

Civil case **//__Commencement and Default Judgment Processes__//** **1**. **Commencement of a civil action** A civil action begins by filing a court document pursuant to an originating process under the Writ of Summons or originating summons. The most common example of an originating process is a Writ of Summons**.** This Writ of Summons is filed as a suit in the District Court or Magistrate's Court, as the case may be, by the party making a claim **(plaintiff)** and served on the party against whom the claim is made **(defendant)****.** The District Court hears civil actions where the disputed amount does not exceed $250,000. Parties may also agree in writing to have the matter heard by the District Court, even though the sum in dispute exceeds $250,000. Where the plaintiff limits his claim to $250,000, the District Court can also hear the case. The Magistrate's Court has the power to hear civil actions where the disputed amount does not exceed $60,000. 2. **Service of Writ** After the Writ of Summons is issued, the party making a claim **(plaintiff)** must serve the writ on the party against whom he is claiming **(defendant)****.** 3. **Memorandum of Appearance** A defendant who receives a Writ of Summons must, if wishes to contest the plaintiff's claim, inform both the Court and the plaintiff of his intention by entering an appearance. He must file a memorandum of appearance in Court within 8 days after he has been served with the Writ of Summons. **4.** **Judgment in default of Appearance** If a defendant fails to enter an appearance within the time specified in the writ, the plaintiff may enter a judgment against him. This may be a final judgment or an interlocutory judgment, depending on the nature of the claim. The Court, may, upon an application, however, set aside or vary such a judgment as it thinks just. **5. Defence/Counterclaim** Within 22 days from the date the defendant was served with the Writ of Summons, he must file his defence in Court AND also serve a copy of his defence on the plaintiff's address of service or on the plaintiff's solicitors at their office address, as the case may be. If a defendant alleges that he has any claim or is entitled to any relief or remedy against the plaintiff, he may make a counterclaim in the same action brought by the plaintiff. In such a case, the pleading is known as the defence and counterclaim. **6. Reply and Defence to Counterclaim** A plaintiff may serve on the defendant his reply (and defence to a counterclaim), within 14 days after the defence (and counterclaim) has been served on him. **7. Judgment in Default of Defence** In the event that the defendant has been served the Writ of Summons and has entered an appearance but has no defence to the claim or any part of the claim or does not file any defence, the plaintiff may apply to the Court for judgment against the defendant. This may be a final judgment or an interlocutory judgment, depending on the nature of the claim. The Court, may, however, upon application made by the relevant party, set aside or vary such a judgment as it thinks just.

**//__Pre-trial Processes__//

8. Summons for Directions** Summons for Directions occur at the time when parties need to determine what further steps need to be taken in order to effectively prepare for trial. Directions pertaining to the filing and exchanging of affidavits, the number of witnesses a party may require, and the number of days a case may require are decided at this stage. Parties will also need to agree on specific evidence such as expert advice or photographs to be used in trial. **9. Interlocutory applications** After a civil action is commenced, it usually goes through various stages before the trial actually takes place. During the pre-trial stages, both parties have to comply with the requirements set out in the Rules of Court, for example, those relating to giving further details of the facts of one's case, the gathering and exchange of documents to prove one's case and the preparation and exchange of witness statements (by way of affidavits of evidence-in-chief) which each party is relying on. In the course of preparing the case for trial during the pre-trial stages, each party may file interlocutory application to the court in order to further the preparation of his case. Examples of common interlocutory applications are: Generally, interlocutory applications are initiated by filing a Summons, together with an affidavit to support the application. The Summons is a document that sets out the relief or orders which a party wishes to obtain from the court. The affidavit is a document that sets out the facts which a party seeks to rely on in support of the application or to oppose an application. An affidavit must be attested to before a Commissioner for Oaths. When a Summons is filed it is usually heard by a Registrar or Deputy Registrar in Chambers. **10. Court Dispute Resolution (CDR)** CDR is a range of processes that serves as an alternative to litigation in resolving civil disputes. These processes are convenient and they provide fast, effective, efficient and above all, consensual solutions to the conflict. These processes also incur no expenses to the disputants as they are provided free of charge. The aim of CDR is to enable the parties, through co-operation, mediation, negotiation and compromise, to attain a win-win result in disputes. CDR fundamentally entails the parties attending a Settlement Conference, presided by an experienced and impartial Settlement Judge who manages the discussions but leaves the decision-making to the parties themselves.
 * Application for discovery of documents: through this process, the Court can order that parties disclose to each other the documents in their possession, custody or power which are relevant to the matter in dispute between them
 * Application for the amendment of the various documents filed (eg the statement of claim, defence or reply) in relation to the matter in dispute
 * Application for default judgment: where a party applies for judgment or the dismissal of the claim without trial, as the case may be, on the grounds that the other party has failed to comply with any direction or order of the Court
 * Application for summary judgment: where the plaintiff applies for judgment without trial on the grounds that the defendant has no real defence to contest his claim.

CDR is an alternative to the adjudication process. It is based within the Court system and conducted by a District Judge. The process is generally a settlement conference in chambers to encourage litigants and solicitors to negotiate freely before the Settlement Judge. If the dispute cannot be resolved, the case will be assigned to another judge for trial. However, CDR is not mandatory. A party can authorise her lawyer to write to the Registrar early if the party wishes to dispense with CDR. The case will then be assigned to a Judge for trial. **11. Setting Down** After the pleadings (such as the statement of claim, defence, reply) have been filed and the various pre-trial matters have been dealt with (including the disclosure of all documents and other evidence to be relied on at the trial to support each party's case), and parties are ready for trial, the case must be set down for trial. This is a necessary step which is to be taken by either party (usually the plaintiff) before an action goes to trial. Please refer to Order 34 of the Rules of Court for the detailed requirements and procedure to set an action down for trial. **12. Pre-trial conference (PTC)** Pre-trial conferences are sessions with a Judge to confirm that all pre-trial matters and applications are dealt with before the matter proceeds for Trial.

//**__Trial & Post Trial Processes__**//

**13. Trial** Please see the pamphlet titled “How do I conduct a civil trial” for more information. **14. Judgment** The judgment is the decision of the Court at the conclusion of the trial. The Court may pronounce judgment immediately after listening to the closing submissions. Alternatively, the Court may adjourn the case to take more time to consider the evidence and arguments. In such an instance, the Court will inform the parties on a later date to attend before the Court for the delivery of judgment. **15. Assessment of Damages** In certain cases, including personal injury claims, a Judge may grant judgment on the issue of liability but not make a ruling on the precise quantum of damages that has to be paid to the successful litigant by the other party. In such a case, the quantum of damages to be awarded is assessed by a Registrar in a hearing in chambers. The Registrar will hear evidence from appropriate parties, such as the injured plaintiff or medical experts, to determine the appropriate quantum of damages to be awarded

//**__The Appeal Processes__**// **16. Appeal to High Court** A party that is not satisfied with the judgment, he may file an appeal within 14 days from the pronouncement of the judgment. Before filing an appeal, the party should first ascertain if leave to appeal is required and obtain leave of the Court to appeal. Leave of the Court is required if the amount in dispute or the value of the subject-matter does not exceed $ 50,000. (Leave of the Court refers effectively to the permission of the Court). **17. Appeal to District Judge in Chambers**

A party who is not satisfied with the judgment, order or decision made by a Registrar, may file an appeal to a District Judge and the Appeal will be heard by a District Judge in chambers. No leave (permission) from the Court is needed to lodge such an appeal. The party lodging the appeal must serve a notice to every other party involved in the proceedings to attend before the District Judge on a specified date. This Notice of Appeal in Form 112, Appendix A in the of the Rules of Court, must be issued within 14 days after the Registrar's judgment, order or decision was made and delivered to all parties within 7 days of it being issued. **18. Appeal to High Court Judge in Chambers** A party who is not satisfied with the judgment, order or decision made by a District Judge in chamber, may file an appeal to a High Judge in chambers. Leave of the Court is required if the amount in dispute or the value of the subject-matter does not exceed $ 50,000 The party lodging the appeal must serve a notice to every other party involved in the proceedings to attend before the High Court Judge on a specified date. This Notice of Appeal in Form 113, Appendix A in the of the Rules of Court, must be issued within 14 days after the Registrar's judgment, order or decision was made and delivered to all parties within 7 days of it being issued.

//**__The Enforcement Processes__**//

**19. Enforcement of Judgment - Writ of Execution**

Writs of Execution include Writs of Seizure and Sale of movable and immovable property, Writ of Delivery and Writ of Distress. These writs authorise the Bailiffs of the Subordinate Courts to enforce the unsatisfied judgment. Please see "[|How do I enforce Judgment and Orders]" for more information.

For the enforcement by way of Writ of Seizure of Sale of an Order of Tribunals, requiring a party to make payment of a certain sum of money, granted by the Small Claims Tribunals, please [|click here] for more information.