#1 Civil Litigation Lawyers Singapore | The Singapore Lawyer

by | Aug 20, 2020

3 Basic Civil Litigation Law Facts That You Must Know Before Engaging Any Civil Litigation Lawyers in Singapore

 

Litigation can be an intimidating process and many people do not know how to go about hiring a civil litigation lawyer in Singapore. It is hard to know where to start or how to find the right lawyer. Hiring a litigation lawyer in Singapore blindly is no guarantee for success.

The Singapore Lawyer has made it possible for you to find the best civil litigation lawyer in Singapore. With over 4 years of experience with litigation law in Singapore, our team is led by experienced lawyer specialists that are passionate about their work and committed to the client’s best interest.

Litigation is the process of one party (person) taking legal action against another person through the Court in Singapore. There are two types of litigation —, criminal and civil.

We will be sharing 3 basic civil litigation facts and what you should expect from civil proceedings in Singapore.

Civil Litigation

Facts You Should Know Before Engaging A Civil Litigation Lawyer In Singapore

1. Understand What Is Civil Litigation In Singapore

Civil litigation refers to Court proceedings involving non-criminal streams of action in law.

In a civil litigation claim, one party (called the plaintiff) takes legal action against another party (called the defendant) to stop them from doing something they should not or pursue a claim.

The Court will order a variety of outcomes to the defendant, such as paying unpaid monies, paying compensation, or stopping them from acting in a certain way. Some civil disputes are straightforward. Others are challenging.

When choosing between engaging a civil litigation lawyer in Singapore or not, it is essential that you need to take into account the details of your case and what is at stake for you.

2. Understand Who Can File For A Civil Litigation Claim

Civil claims can be started against other people or organizations. Civil cases usually involve conflicts, disputes or disagreements between people or organizations. They often happen over issues relating to money or the parties’ respective legal rights/duties under an agreement they have entered into.

There is a wide range of disputes. It can be anything from defamation to contractual disputes. 

However, it is essential to note that civil claims may take up a lot of time and expenses. They can also attract unwanted publicity and attention, affecting their reputation and business, so you must try to resolve your dispute before starting the case.

Our experienced litigation lawyers will be able to better assist you with legal advice and methods of dispute resolution. Do not hesitate to contact us today. With our extensive legal experience towards civil proceeds in the Court, we are able to help you.

3. Understand What Happens During The Civil Litigation Process

Understanding the process of civil litigation should not be complicated and confusing. We have broken it down into more straightforward steps for you to understand how the process works. 

The civil litigation process in Singapore can be broadly divided into three parts: pre-trial proceedings, trial proceedings and post-trial proceedings.

Step 1: Pre-Trial Proceedings

During the pre-trial proceedings (known as the “interlocutory stage”), both parties (plaintiff & defendant) must follow the criteria stated in the Rules of Court.

During the preparation of the case for trial, both parties may submit an application to the Court for help.

Interlocutory applications request the Court to make a quick decision on an issue during the intermediate stage between the start and end of the case.

Step 2: Trial Proceedings

The trial begins in the following order.

After opening the case with an opening statement of both parties (plaintiff and defendant), the plaintiff will then present his/her evidence first, calling their witnesses and have opportunities to ask questions.

The defendant’s lawyer will then be allowed to cross-examine the witnesses. Whereby the defendant will be allowed to challenge the evidence. Questions that have the intention to insult, embarrass or harm the witness are not allowed, likewise for irrelevant questions.

After the cross-examination, the plaintiff can re-examine the witnesses. Once all the plaintiff’s witnesses have testified and closed his/her case. It will be the defendant’s witnesses to testify. The procedure is the same as the plaintiff.

The case will be closed after all the evidence is presented. When the defendant’s case is over, both parties (plaintiff and defendant) will make closing statements to the Court.

Step 3: Post-Trial Proceedings

Closing submissions will state why the Court should favor a party over the other and typically state the reasons supporting the party’s arguments against the other party.

In most cases, the defendant will make his closing submissions first. It is also possible for parties to exchange their written submissions at the same time.

The Court then makes the judgment at the end of the trial. After listening to closing submissions, the Court may adjourn the case or deliver judgment immediately.

Should this happen, the Court will inform the parties to attend the Court later for the delivery of judgment. Once judgment is given, the person should not argue with the Judge or protest in any other way as this could be contempt of the Court.

Getting Help From A Civil Litigation Lawyer Can Make The Difference In Your Success To Prevent Or Respond To Disputes

You have a right to represent yourself as a litigant in the civil case (except for small claim tribunal proceedings). 

However, it is essential to know that you are still expected to comply with all Court’s rules and procedures and the Court will hold you to the same standards as if you were a lawyer. 

This is why you should engage a civil litigation lawyer in Singapore to represent you. There are many things to consider when deciding to represent yourself, such as paperwork, speaking in the Court confidently, and gathering documents and witnesses.

You deserve the best civil litigation lawyer in Singapore, that is capable of providing professional advice, legal costs and practical solutions. Get in touch with us via email at [email protected] or call us at +65 6974 0068  today. Rest assured, you will be backed by our team of experienced litigation lawyers to help you to tide over the storm and win your case.

Benefits Of Hiring A Civil Litigation Lawyer In Singapore

Hiring a civil litigation lawyer is crucial because the penalties for failing to do so can be costly and time-consuming. 

Some of the benefits of hiring a civil litigation lawyer in Singapore are:

  • Having someone experienced and knowledgeable in legal matters to handle your case
  • Having someone with the ability to think objectively and can provide a fresh perspective on a case.
  • Engaging someone that is well versed in all procedural laws in Singapore and can help you make informed decisions.
  • Hiring someone who is an expert in civil litigation because if you do not, then your case might not get resolved quickly and easily.

It is more important than ever for you to hire a qualified litigation lawyer in Singapore, to better represent you for the Court proceedings.

Conclusion: A Good Litigation Lawyer is Crucial For Every Case

Some people may think that hiring a lawyer is a waste of money, but it’s not true. Our litigation lawyers in Singapore will work hard on your case to defend your best interests in Court.

The stakes are high and a good litigator will have the skills necessary to help you achieve the best outcome possible for your case. 

We strive for a genuine commitment to working closely with you on issues that can mean the difference between your continuing financial well-being and failure. Whether you need help in Civil Litigation, Criminal Law, Family Law, or Business Law, we will be able to assist you based on your situation and eligibility to commence a lawsuit. 

Frequently Asked Questions About Civil Litigation In Singapore

Should I Start A Civil Lawsuit?

Even before starting on the legal proceedings or pre-trial proceedings, it is required for you to issue a letter of demand. 

The letter covers the prospective plaintiff’s demands (which in this case is you), legal grounds for the demand, a deadline for the other party to take action and comply with legal proceedings should there be non-compliance. 

It is recommended that you consult us to guide you through the process. We are a team of experienced lawyers who will take care of your best interests.

Can I Request An Appeal On The Decision Of The Court?

Yes. If the outcome of the judgment was not up to your satisfaction, you can submit a notice of appeal within 14 days from the delivery of the judgment. 

Who Is The Plaintiff In A Civil Case?

The plaintiff is the person who brings a lawsuit to Court. In civil law cases, the person who brings a claim against another person is sometimes referred to as the plaintiff.

Can I Make A Claim Against A Foreigner?

It depends on who the plaintiff is and who is the defendant. If the case is heard in a Singapore Court, the plaintiff must be in Singapore. 

Things are slightly more complex for a foreigner/foreign company. 

There will be no issues if the foreigner is located in Singapore and has agreed for Singapore to be the proper jurisdiction for legal proceedings. The same applies to a foreign company with business practices in a fixed location within Singapore for a particular period.

However, if the foreigner (defendant) is situated abroad, the plaintiff will have to apply to the Singapore courts for permission to effect personal service on the foreign defendant. The plaintiff must be able to prove the following:

  • One of the heads of jurisdiction prescribed in Order 11 Rule 1 of the Rules of Court is fulfilled based on a good arguable case.
  • There is a serious issue to be tried on the merits.
  • Singapore is a proper forum to try the action.

The above requirements apply to a foreign company as well. The Court will grant leave to the plaintiff to serve a writ on the foreigner abroad. 

About the author

About the author

Jonathan Wong

Jonathan is the Founder and Managing Director of Tembusu Law. He is also the founder of LawGuide Singapore, a prominent legaltech startup which successfully created and launched Singapore’s first legal chatbot in 2017.