Singapore Judicial Assistance

Disclaimer : The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only and may not be totally accurate in a particular case. Questions involving interpretation of specific foreign laws should be addressed to foreign counsel. This circular seeks only to provide information; it is not an opinion on any aspect of U.S., foreign, or international law. The U.S. Department of State does not intend by the contents of this circular to take a position on any aspect of any pending litigation.

Service of Process: Singapore is not a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters. Service by mail or service by agent, such as a Singapore attorney may be possible, but if enforcement of a U.S. judgment in Singapore is foreseen, local counsel may advise the use of letters rogatory. For general guidance about preparation and transmittal of such requests, see our Letters Rogatory feature. See our Service Under the Foreign Sovereign Immunities Act (FSIA) feature and FSIA Checklist for questions about service on a foreign state, agency or instrumentality.

Obtaining Evidence in Civil Matters: Singapore is a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. Singapore objected to Chapter II of the Convention which concerns the taking of depositions. Those procedures are not in force for Singapore. Requests for compulsion of evidence in Singapore, using the model letter of request format, should be transmitted by courts in the United States directly to the Singapore Central Authority. For general guidance about how to transmit requests for evidence, see our Hague Evidence Convention feature. See the Hague Conference on Private International Law Internet webpage for any declarations or reservations made by Singapore when it acceded to the treaty. Judicial proceedings are normally conducted in English and no translation is required. Following receipt of a letter of request, the Supreme Court of Singapore forwards the request to the Attorney General, 1 Coleman Street, #10-00, Singapore 179803. The Singapore Attorney General’s office then prepares a petition to the Supreme Court, requesting that the Registrar of the Supreme Court be appointed as an officer for taking the evidence requested in accordance with the Evidence Civil Proceedings in Other Jurisdictions Act. Attorneys from the United States would not normally be allowed to participate in proceedings, but the requesting party may be represented by local Singapore legal counsel. The request should be in the form of fairly specific written interrogatories, but local practice would also permit oral questions to be propounded by local counsel. Commissioners other than the Registrar of the Supreme Court are not normally appointed. The Registrar prepares a report, normally in the form of a transcript, and forwards it, together with any applicable bill for expenses to the requesting court in the United States. Singapore will not execute letters of request issued for the purpose of pre-trial discovery of documents.

Singapore Central Authority for the Hague Evidence Convention: Registrar of the Supreme Court, 1 Supreme Court Lane, Singapore 178879, Singapore; tel: 65-6336-0644; fax: 65-6337-9450. See the Hague Conference on Private International Law Internet webpage for up to date information about the Singapore Central Authority for the Hague Evidence Convention.

Taking Depositions of Willing Witnesses: Singapore authorities have informed the U.S. Embassy that depositions of willing witnesses may be conducted in Singapore regardless of the nationality of the witness. Telephone depositions are also permitted. Depositions can take place at any location, including a hotel, office or the U.S. Embassy. The procedure for taking depositions does not vary in civil, commercial, administrative, or criminal cases. Commercial stenographer services are not generally available in Singapore for the purpose of transcribing the testimony of witnesses in a voluntary deposition. Services of the U.S. consular officer must be scheduled in advance in connection with the taking oral depositions or depositions on written questions. If the services of a U.S. consular officer are required to administer oaths to the witnesses, stenographer and any interpreter outside the Embassy, additional fees are charged for such services. See 22 CFR 22.1 Schedule of Fees. For additional information, including details concerning consular fees, see Obtaining Evidence Abroad.

Travel to Singapore For Judicial Assistance Activities: Before traveling to Singapore for judicial assistance related activities, see the Country Specific Information and any applicable Travel Alerts or Travel Warnings. It is also recommended that U.S. travelers register with the U.S. Embassy using our on-line registration system. If a U.S. federal, state or local official will participate in the deposition, contact the Office of American Citizens Services and Crisis Management for East Asia and Pacific (1-888-407-4747) for assistance in obtaining host country clearance for the travel of U.S. officials to conduct judicial assistance activities abroad.

Criminal Matters: The taking of evidence for use in criminal proceedings abroad is governed by the Singapore Extradition Act, for non-commonwealth foreign States. Compulsion of testimony of an unwilling witness and other evidence may be attempted in Singapore pursuant to a letter rogatory transmitted via diplomatic channels from the U.S. Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of American Citizens Services and Crisis Management, East Asia and Pacific Division, 1-888-407-4747, to the U.S. Embassy in Singapore. The U.S. Embassy will forward the request to the Ministry of Foreign Affairs. For general guidance about preparation and transmittal of such requests, see our Letters Rogatory feature. Judicial proceedings are normally conducted in English and no translation is required. U.S. federal or state prosecutors should also contact the Office of International Affairs, Criminal Division, Department of Justice at (202) 514-0015 for guidance about on-going discussions with Singapore authorities on mutual assistance in criminal matters which may influence how a request should be prepared.

Authentication of Documents: Singapore is not a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents. For information about authentication of documents for use abroad see our web page notarial and authentication feature. See also the U.S. Department of State Authentications Office webpage. Additional guidance for consular officers about authentication of documents is available at 7 Foreign Affairs Manual 870.

Lists of Attorneys in Singapore: See the U.S. Embassy in Singapore’s List of Singapore Attorneys

Other Links:

U.S. Department of State and U.S. Embassy Singapore

U.S. Embassy Singapore - Legal Problems and Commercial Disputes

International Parental Child Abduction Singapore

Singapore Background Notes

Singapore Webpages

Singapore Ministry of Law

Ministry of Law Legal Resources Home Page

Family Court of Singapore

Syariah Court of Singapore