Expert Witness in Singapore Civil Cases: When Your Company Needs One, Court Rules and Cost

Short answer: A Singapore company needs an expert witness when a disputed issue turns on technical, scientific or other specialised knowledge, such as construction defects, valuation, accounts or IT failure. Under Order 12 of the Rules of Court 2021, no expert evidence may be used without the court’s approval, and parties should agree on one common expert where possible.

When a commercial dispute turns on defective building works, a valuation, the accounts or a failed software system, the outcome often depends on an expert witness. Singapore courts control expert evidence closely: the court decides whether an expert is needed at all, how many there will be and which questions they answer. This guide covers when your company needs one, Order 12 of the Rules of Court 2021, section 47 of the Evidence Act 1893, the expert report, cost and document preparation. If your company has only just been served with a claim, start with our first-steps guide for directors whose company has been sued.

Raffles Corporate Services works with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice. This article is general information only and is not legal advice.

What is an expert witness, and when does a company need one?

An expert witness gives the court an opinion on a point that needs specialised knowledge, which ordinary witnesses of fact cannot give. Your company needs one when a key issue in the case cannot be decided from the documents and the facts alone.

A witness of fact, such as your project manager, tells the court what happened. An expert explains what those facts mean in a specialist field, for example whether cracks in a slab point to a design fault. The judge is not bound by the expert’s view, but weighs it with the rest of the evidence.

Expert evidence is not automatic. If the point can be settled by agreeing the facts, or by each side making submissions on documents both accept, the court must not approve an expert (Order 12, Rule 2(3)).

What is the legal basis for expert evidence in Singapore?

Two sources govern it. Section 47 of the Evidence Act 1893 decides when an expert’s opinion is relevant evidence, and Order 12 of the Rules of Court 2021 sets the procedure the court and the parties must follow.

Expert witness Singapore rules: does the court have to approve your expert?

Yes. No expert evidence may be used in court unless the court approves it (Order 12, Rule 2(1)), and the court controls how many experts there are and what they address.

Before asking for approval, the parties must consider whether expert evidence will contribute materially to deciding the specialist issue, and whether that issue can be resolved by an agreed statement of facts or by submissions on mutually agreed materials (Rule 2(2)). The court may also disallow or reject expert evidence if it considers the expert lacks the specialised knowledge needed, or lacks impartiality (Rule 2(4)).

One common expert, party experts or a court expert?

• Common expert. As far as possible, the parties must agree on one common expert (Rule 3(1)). This is the starting point, not the exception.
• Party experts. If each side does appoint its own expert, a party may not rely on more than one expert for any issue, except in a special case with the court’s approval (Rule 3(2)).
• Court expert. In a special case, the court may appoint its own expert, either alongside the parties’ expert or experts, or in their place (Rule 3(3)). The court gives directions on the appointment, how the experts are questioned and their remuneration (Rule 3(4)).
• Simplified trials in the State Courts. Where a Magistrate’s Court or District Court case has been directed to a simplified trial, the parties must jointly appoint one independent expert who gives evidence in a written report. If they cannot agree, the court may appoint the expert and fix the fee, and the parties are jointly and severally liable to pay it (Rule 3(5)).

The court can also appoint one or more assessors, on a party’s application or of its own accord, to sit with the judge on technical matters (Order 9, Rule 21(3)).

The expert’s duty is to assist the court, and it overrides any obligation to whoever instructs or pays the expert (Order 12, Rule 1(2) and (3)). Your company is paying for an independent opinion, not an advocate.

How does the expert evidence process work, step by step?

Your solicitor raises expert evidence at the case conference, the court gives directions, and the expert then reports on approved questions using an agreed set of facts. Court proceedings are conducted by a Singapore Advocate and Solicitor acting for your company.

1. Identify the specialist issues early and ask your solicitor whether they can be settled by agreed facts instead.
2. Tell the court at the case conference that your company intends to rely on expert evidence (Order 9, Rule 21(1)); the court must then consider the Order 12 matters (Rule 21(2)).
3. Try to agree a common expert. Directions on expert evidence are among the matters dealt with in the single application pending trial (Order 9, Rule 9(4)(m)).
4. Agree the list of issues and the common set of agreed or assumed facts. The court approves both, or decides them if the parties cannot agree (Order 12, Rule 4(1) to (3)). Issues are framed, as far as possible, as yes or no questions (Rule 4(4)).
5. Brief the expert. The evidence is confined to the approved issues and common facts unless the court orders otherwise (Rule 4(2)).
6. The expert prepares and signs the report, which is exhibited in the expert’s affidavit (Rule 5(1)).
7. If the court orders it, the parties, their solicitors and the experts meet to narrow the dispute and record any agreed conclusions in writing. Only the written agreement can be used in court unless the parties agree otherwise (Rule 6(1) and (2)).
8. With the court’s approval, a party may ask in writing for the expert to clarify the report; the written clarification becomes part of the report (Rule 6(3) and (4)).
9. The parties consider whether the experts need to be cross-examined (Rule 6(5)). Where there is more than one expert, the court may have them testify together as a panel, give their views on the issues and comment on each other’s views (Rule 7).
10. The judge decides the issues, weighing the expert evidence with the rest of the evidence, and deals with costs.

What must an expert report contain?

Order 12, Rule 5(2) lists the required contents. A report that leaves any of them out invites challenge, so check the draft against this list before it is exhibited.

What documents should the company gather for the expert?

The expert can only be as good as the material behind the report. Collect complete, original records early and keep them under a litigation hold.

The expert is confined to the court-approved common set of facts, so do not brief the expert informally on disputed events. Send material through your solicitor and keep a record of what was supplied. Our guide to a litigation hold explains how to preserve records from the start, and our guide to production of documents under Order 11 covers what must be exchanged with the other side.

How much does an expert witness cost, and who pays?

Expert fees are agreed between the instructing party and the expert; no official scale applies, so this guide does not quote a range. Whether your company recovers any of the fee from the other side is decided by the court when it deals with costs.

Assumptions: an action begun by originating claim in the State Courts or the General Division of the High Court, with one expert per side or one common expert. Ask the expert for a written fee estimate by stage, and ask your solicitor for the court filing fees, including per-page affidavit fees; our guide to court fees and legal costs sets out the official schedule.

• In the Rules of Court 2021, “costs” includes fees, charges, disbursements, expenses and remuneration (Order 21, Rule 1(2)). Costs are in the court’s discretion (Order 21, Rule 2(1)) and are generally ordered in favour of the successful party (Order 21, Rule 3(2)).
• In a State Courts simplified trial, the court may fix the joint expert’s remuneration and may order it to form part of the costs of the matter (Order 12, Rule 3(5) and (6)).

Expert fees can dominate a technical dispute’s budget, so test the merits early and consider mediation before litigation.

What does the company secretary prepare, and what does the solicitor do?

Your company secretary or corporate service provider (CSP) prepares the approvals and organises the company’s records. The Singapore Advocate and Solicitor advises on the expert evidence, deals with the other side and the court, and appears at hearings.

Raffles Corporate Services does not give legal advice or act in court; a law firm from our panel handles the proceedings. A commercial judgment between companies does not normally require an ACRA lodgement, but a settlement or order that changes shareholdings, directors or registered particulars does trigger the usual filings. If a technical dispute is building, speak to a lawyer before you commission any expert work.

What are the common mistakes with expert evidence?

Most problems come from instructing the wrong expert, too late, on the wrong questions.

• Commissioning a full report before the court has approved expert evidence, then finding the court will not allow it, or wants a common expert instead.
• Choosing an expert for loyalty rather than independence; the court may reject evidence from an expert who lacks impartiality (Order 12, Rule 2(4)).
• Asking the expert to cover issues outside the approved list, or to rely on facts outside the common set, without the court’s permission.
• Sending partial records, so the report collapses under cross-examination.
• Letting a report go out without the statement of duty, materials list or range of opinion that Rule 5(2) requires.
• Losing track of expert invoices and costs orders; our free tools help keep compliance deadlines on track while a dispute runs.

Frequently asked questions

Can our own finance director or engineer act as our expert?

An employee can give evidence of fact about what happened. Acting as an expert is harder, because the court may reject expert evidence if it considers the expert lacks impartiality (Order 12, Rule 2(4)). Most companies use an independent expert and call their own staff as witnesses of fact.

Can we use more than one expert?

Only one expert per issue, unless the court approves more in a special case (Order 12, Rule 3(2)). A case with separate issues, such as liability for defects and the cost of rectification, may need experts from different fields, one for each issue.

Does the expert have to come to court?

Not always. The parties must consider whether cross-examination is needed (Order 12, Rule 6(5)). Where experts do testify, the court may hear them together as a panel and may order cross-examination in any sequence it thinks appropriate (Rule 7).

What if the other side’s expert is not qualified?

The court may disallow or reject expert evidence if the expert lacks the specialised knowledge needed for the issues referred (Order 12, Rule 2(4)). Your solicitor can raise this when the court gives directions or at trial.

Last reviewed: 6 November 2026. The Editorial Team, Raffles Corporate Services.