Debts & business disputes

Default judgment and summary judgment: getting judgment without a full trial

Not every claim needs a trial. If a defendant does not respond in time, or responds without a real defence, the Rules of Court 2021 let the claimant ask for judgment early.

1 min read
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In short
  • A defendant served in Singapore has 14 days to file a notice of intention to contest the claim.
  • The defence is due within 21 days of service of the statement of claim.
  • Missing either deadline can lead to default judgment.
  • Summary judgment is for claims where the defendant has no real defence.

The defendant's deadlines

Under the Rules of Court 2021, a defendant served in Singapore must file a notice saying whether it intends to contest the claim within 14 days after the statement of claim is served (21 days if served outside Singapore). Its defence is due within 21 days after service of the statement of claim (5 weeks if served abroad).

Default judgment

If the defendant misses either deadline, the claimant can apply for judgment in default. The court can then decide the claim without hearing the defendant's side, and the defendant will usually have to pay the claimant's costs too.

If you are served with a claim, get advice straight away so these deadlines are not missed.

Summary judgment

Sometimes a defendant files a defence that does not really answer the claim. The claimant can then apply for summary judgment, asking the court to decide without a trial because the defendant has no real defence (apart from, possibly, the amount of damages).

To resist, the defendant must show, usually by affidavit, that there are triable issues: genuine questions of fact or law that need a trial to resolve. If it can't, the court may give judgment for the claimant.

This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.

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