What is the Discovery process in a Civil claim in Singapore?
Discovery is a very important process in a Civil claim in the Singapore Courts. Under this process, both sides in the case must share and disclose to each other all relevant documents that they have so that both sides have an equal opportunity to know and anticipate what information the other side has and may use to support his case.
This is also an important process because it ensures that all important and relevant evidence is available and submitted to the Court so that it can get an accurate understanding of the facts before deciding on the outcome.
Parties must submit a List of Documents in a particular format and list all relevant documents that are or were in their possession, custody or power. The parties also must submit a sworn statement (called an affidavit) confirming the list of documents at the time of the filing. Both the List of Documents and the affidavit confirming the List of Documents must be served on the other parties. After that, the other parties are entitled to inspect and request a copy of the documents listed in their opponent’s List of Documents.
Documents that are protected by privilege need not be disclosed under the Discovery process.
A person’s responsibility to disclose relevant documents isn’t limited to the time during the discovery process, each person being required to continue to disclose all relevant documents from the start until the close of the Civil case.
So there you have it, some basic information on the Discovery process in a Civil case.