In Singapore, a Writ of Summons (often simply called a “Writ”) is a formal legal document issued by a court that commences most types of civil lawsuits. It is the primary method used to sue another person or entity (the Defendant) when the case involves a substantial dispute of facts. Think of it as the official starting gun for a lawsuit.
Key Purpose of a Writ of Summons
The Writ serves several crucial functions:
- To Initiate Proceedings: It formally begins the legal action in either the State Courts (for claims up to S$250,000) or the High Court (for claims above S$250,000).
- To Inform the Defendant: It officially notifies the Defendant that a lawsuit has been filed against them by the Plaintiff. (the person suing).
- To Command an Appearance: It contains a command from the court, compelling the Defendant to respond to the lawsuit by “entering an appearance” within a specific timeframe.
What Does a Writ of Summons Contain?
A Writ of Summons is a standardised form that includes the following key information:
- Court Details: The name of the court where the lawsuit is filed (e.g., High Court of the Republic of Singapore).
- Case Number: The unique number assigned to the case.
- Parties’ Details: The names and addresses of the Plaintiff and the Defendant.
- Endorsement of Claim: This is a critical section on the Writ. It briefly states the nature of the Plaintiff’s claim and the remedy or relief they are seeking (e.g., damages for breach of contract, compensation for personal injury).
- This endorsement can be a general endorsement (a brief summary), which is later followed by a detailed Statement of Claim.
- Alternatively, the Statement of Claim can be attached to and served together with the Writ itself.
- The Command: A formal instruction to the Defendant that they must, within a set time, cause an appearance to be entered on their behalf.
- Time Limit for Appearance: The deadline for the Defendant to respond. This is typically:
- 8 days if the Writ is served on the Defendant within Singapore.
- 21 days if the Writ is served on the Defendant outside of Singapore.
- Consequences of Inaction: A warning that if the Defendant fails to enter an appearance, the Plaintiff may proceed with the lawsuit and obtain a Judgment in Default against them without a full trial.
- Lawyer’s Information: The name and address of the law firm representing the Plaintiff.
The Process Involving a Writ of Summons
- Filing: The Plaintiff’s lawyer drafts the Writ and files it electronically with the court through the e-Litigation system. Once accepted by the court registry, it is officially issued.
- Service: The issued Writ must be “served” on the Defendant. This means it must be formally delivered to them. Common methods of service include:
- Personal Service: Handing a copy of the Writ directly to the Defendant.
- Registered Post: Sending it to their last known address.
- Substituted Service: If the Defendant is evading service, the Plaintiff can apply for a court order to serve the Writ through other means, such as by email, posting it on their door, or placing an advertisement in a newspaper.
- Entering an Appearance: This is the Defendant’s formal response. It does not mean physically showing up in court. Instead, the Defendant’s lawyer files a document called a Memorandum of Appearance with the court, indicating their intention to contest the lawsuit.
What Happens if a Writ of Summons is Ignored?
Ignoring a Writ of Summons has serious consequences. If the Defendant does not enter an appearance within the specified time, the Plaintiff can apply to the court for a Judgment in Default. This means the court may rule in the Plaintiff’s favour without hearing the Defendant’s side of the story, essentially allowing the Plaintiff to win the case automatically.