Resource Centre for Unrepresented Litigants

To start a court action from the High Court or the District Court

3.1 The proceedings commenced by a writ of summons

3.2 The proceedings commenced by an originating summons

3.1 The proceedings commenced by a writ of summons

3.1.1	Application
	The writ of summons is most commonly used for civil litigation where there is a substantial dispute of the facts between the parties. For actions that involve the allegation of fraud, misrepresentation, breach of trust, wilful default or undue influence, it must be commenced by way of a writ of summons.
	The prescribed form of the writ is obtainable from the Registry. For the guidelines for preparing the statement of claim and the defence, please refer to the explanatory notes in "Sample Court Forms" file available at Resource Centre for Unrepresented Litigants.

3.1.2

An overview of an action begun by writ

The following is a chart showing the proceedings of an action begun by way of a writ of summons:

3.1.3	The proceedings of pleadings
	The usual procedures are as follows:
	The plaintiff takes out the writ of summons and commences the proceeding. The writ of summons (with the statement of claim) is filed with the court at the Registry and served on the defendant.
	The defendant files the acknowledgement of service with the Registry of the court and states in the acknowledgement of service whether he intends to contest within 14 days. The court will send a copy to the plaintiff.
	The defendant files and serves on the plaintiff the defence and counterclaim, if any, within 14 days.
	If a defendant does not file the acknowledge of service or serve a defence on the plaintiff within time, the plaintiff can apply to the Court for judgment on his claim. If judgment is granted, a full trial is not required.
	If it is a claim of debt or of liquidated damages (i.e. the amount of the claim is fixed and ascertainable, for example, action on a cheque), the plaintiff may enter judgment for the amount claimed and costs.
	If the plaintiff has a claim for unliquidated damages (i.e. the amount of damages will have to be assessed by the court, for example, for loss of profits or damages for injury to person or property), judgment will be entered, but the plaintiff will have to appear in Court so that a Master or a Judge can assess the amount of damages he is entitled to.
	The plaintiff files the reply and defence to counterclaim, if any, within 14 days.
	The pleadings are closed.
	You should also note:
	The writ of summons may be amended once without leave. The plaintiff and the defendant may amend his own pleadings once before close of pleadings without leave. Further amendments require leave of the court. For the amendment without leave, the other party shall have 14 days after service of the amended pleading to amend his own pleading. For the amendment that requires court's leave, the court will specify the time for the other party to amend his own pleading.
	If the defendant intends to defend the plaintiff's claim, he must plead to every allegation as pleaded in the statement of claim specifically. Any allegations not specifically denied by the defendant in the defence is deemed to be admitted by the defendant. The same applies to the plaintiff pleading to the counterclaim of the defendant
	The allegations in the defence are deemed to be denied by the plaintiff even if the plaintiff does not file a reply.

3.1.4	Proceedings after pleadings
	The usual procedures are as follows Parties exchange list of documents and make inspection of the documents, see "List of documents" in pamphlet 4 "How to prepare for a hearing or trial" of this series.
	For proceedings in the High Court, parties may take out a Summons for directions for the court to give directions for the trial. The form of the summons can be obtained from the Registry or Resource Centre for Unrepresented Litigants.
	In the District Court, parties may take out a summons for directions. The summons for directions can be obtained from the Registry. But the court will usually issue a notice of hearing after the pleadings are closed for cases where all or one of the parties is a litigant in person. The parties will then attend court for the necessary directions for just, expeditious and economical disposal of the action.
	For proceedings in the High Court, when all the directions have been complied with and the parties are ready to have the matter tried, they may apply for leave from the court to set the case down for trial. Parties have to file a checklist with the court on Friday before the hearing on coming Wednesday. The checklist can be obtained from the Registry or Resource Centre for Unrepresented Litigants. If the court is satisfied that all the preparatory works have been done for the trial, it will give leave to set the matter down for trial. The court may give further directions to the parties. The hearing will then be adjourned to another date.
	In District Court, there will be a pre-trial review to be taken out by the plaintiff within the prescribed time. If the plaintiff fails to do so, the defendant may apply for a pre-trial review or he may apply to dismiss the plaintiff's claim. The parties have to file a checklist, which is available from the Registry for the pre-trial review. At the pre-trial review, the court will give leave to the parties to set the matter down for trial if it is satisfied that the parties are ready for trial. If it is not so satisfied, it will give further directions to get the matter ready for trial.
	The parties should prepare the bundles of documents after they have obtained the documents for the trial or hearing. As to how to do it, see "Bundle of documents" in pamphlet 4 of this series.
	Filing of notice to set down and have the action listed in the running list or fixture list for trial.
	Trial of the matter. After the trial or the hearing is concluded, the court may give oral judgment in court or hand down the written judgment at a later date.
	Enforcement of the judgment by the winning party.
	Taxation of the costs of the winning party.

3.2 The proceedings commenced by originating summons

3.2.1

Application

This is usually suitable for cases where there is only little or no dispute of fact and the parties only raise issues of law for the court's determination. In case the court finds that there is a substantial dispute of facts, the court may order that the proceedings should proceed as if they were by way of a writ. The court may then give directions appropriate to the proceedings of a writ of summons.

3.2.2

An overview of matters begun by originating summons

The following chart shows the proceedings of a matter begun by way of originating summons

The forms of the originating summons together with the acknowledgement of service can be obtained from the Registry.

The plaintiff should set out a concise statement of the claim and the relief or remedy he seeks in the originating summons.

The procedures of filing and serving an originating summons are similar to those for filing and serving a writ of summons.

If the defendant does not file an acknowledgement of service within time, or in the acknowledgement of service the defendant states that the proceedings are not contested, the plaintiff still has to proceed to court to have the matter heard. The court will give relief to the plaintiff if it is satisfied that the plaintiff is entitled to such relief.

The originating summons should be supported by affidavit or affirmation evidence. The plaintiff has to file the affidavit or affirmation in support of the originating summons within 14 days after the defendant has filed and served the acknowledgement of service. For the preparation of the affidavit or affirmation , see pamphlet 4 "How to prepare for a hearing or trial" of this series.

If the defendant files the opposing affidavit or affirmation, the plaintiff may file further affidavit or affirmation to reply to the defendant's affidavit or affirmation. No further evidence may be filed unless special leave is granted by the court.

The defendant may make a counterclaim in the same proceedings instead of bringing a separate action.

3.2.3	At the hearing
	Unless the court makes an order that the persons who have made the affidavits or affirmations have to attend court for cross-examination, they are not required to attend court at the hearing. If the court has made such an order, they must attend court to be cross-examined. The procedure will be similar to a trial. See procedures of a trial or a hearing below.
	At the hearing, the plaintiff will make submission first, followed by the defendant's submission in opposition. The plaintiff can make the final reply. The court will make decisions after the hearing.
	Enforcement of the judgment by the winning party
	Taxation of the costs of the winning party.

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	Disclaimer This publication is for general reference only and should not be treated as a complete and authoritative statement of law or court practice. Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute legal or other professional advice. Please note: The Judiciary cannot be held responsible for the contents of this publication.