Notice of Intention to Contest or Not Contest: What is It?

A Notice of Intention to Contest or Not Contest is a document used in civil litigation cases if you are being sued. The Notice of Intention to Contest or Not Contest provides notice to the court, and the person who brings a legal action to sue you (known as the Claimant or Plaintiff), of your intention to contest the Claimant’s claim. This document was also previously known as a “Memorandum of Appearance”.

The Notice of Intention to Contest or Not Contest is to be filed after the Claimant has served an Originating Claim (previously known as a “Writ of Summons”) on you (the Defendant) to notify you of his claim.

This article will discuss Notice of Intention to Contest or Not Contest for:

1. Regular civil litigation cases
2. Contested divorce cases

When Do I Not Need to File a Notice of Intention to Contest or Not Contest?

If the Claimant commences the suit with an Originating Summons instead of an Originating Claim, there is no need to file a Notice of Intention to Contest or Not Contest.

Additionally, if you do not wish to contest the Claimant’s claim, you don’t need to file a Notice of Intention to Contest or Not Contest. Instead, the appropriate course of action would be to follow the demands of the Claimant as stated in the Originating Claim. This could include paying the sum of money demanded and settling the claim.

How to File a Notice of Intention to Contest or Not Contest for Civil Proceedings

The Notice of Intention to Contest or Not Contest must be prepared in accordance with the format specified in Form 10, Appendix A of the Rules of Court. The form is also available online on the eLitigation website or in hardcopy format at the CrimsonLogic Service Bureau.

The details to be included in the Notice of Intention to Contest or Not Contest include:

• The names of the parties being sued; and
• Your residential address (if you are acting in person) or the business address and details of the law firm and solicitors (if you are represented by solicitors).

The Notice of Intention to Contest or Not Contest must be signed by you (if you are acting in person) or your solicitor (if you are represented by solicitors). If you are a minor, lack mental capacity, or are representing a company, you must be represented by a solicitor.

The Notice of Intention to Contest or Not Contest must be filed within 14 days after service of the Statement of Claim on you if you were served locally. (The Claimant will serve the Statement of Claim on you either together with or after the service of the Originating Claim on you.)

If you have been served the Originating Claim outside of Singapore, you have 21 days to file the Notice of Intention to Contest or Not Contest instead.

Filing the Notice of Intention to Contest or Not Contest with the court can be done either through the eLitigation website or at the CrimsonLogic Service Bureau.

Depending on which court the case will be held in, the fee for filing a Notice of Intention to Contest or Not Contest in the Magistrate’s Court and District Court is $10 and $20, respectively and $100 (for claims with a value of up to $1 million) and $200 (for claims with a value of more than $1 million) at the Supreme Court. This fee is in addition to a processing fee of $4 and a transmission fee of $0.80/page.

What Do I Do after Filing the Notice of Intention to Contest or Not Contest?

Upon filing the Notice of Intention to Contest or Not Contest, a stamped copy of the Notice of Intention to Contest or Not Contest will be returned to you. You are required to post this copy on the Claimant or his solicitor.

After that, you must file your defence in court and serve a copy of your defence on the Claimant, or his solicitor, within 21 days after the serving of the Statement of Claim on you (or within 5 weeks if you have been served out of Singapore).

You may still contest the validity of the Claimant’s service of the Originating Claim or dispute the court’s jurisdiction if necessary.

What If I Fail to File the Notice of Intention to Contest or Not Contest by the Deadline?

If you fail to file the Notice of Intention to Contest or Not Contest entirely by the deadline, the Claimant may obtain a default judgment. This is because the law takes it as if you had admitted to all the allegations made in the Claimant’s claim. If this happens, the court will usually grant the relief sought by the Claimant.

How to File a Notice of Intention to Contest or Not Contest for Contested Divorces

For divorces, the Notice of Intention to Contest or Not Contest is still known as a “Memorandum of Appearance”. If you intend to contest the divorce proceedings, you will need to file a Memorandum of Appearance within 8 days of being served the Writ for Divorce (or within 21 days if you were served the Writ for Divorce overseas).

Following that, you must file your defence within 14 days after the deadline for the filing of the Memorandum of Appearance.

A Memorandum of Appearance for contested divorces can be filed through the eLitigation website or at the CrimsonLogic Service Bureau using Form 18 (if you are the Defendant) or Form 16 (if you are a co-defendant or a person named in a Statement of Claim) of the Family Justice Rules.

These forms may be found in Appendix A of the Family Justice Courts Practice Directions or on the Singapore Courts’ website.

Apart from the details required for the Notice of Intention to Contest or Not Contest used in civil proceedings, Form 16 and Form 18 for a Memorandum of Appearance in contested divorce proceedings require additional information.

If you are using Form 16, the following details are to be included:

• Whether you intend to defend the matter (as a co-defendant) or intervene in the matter (if you’re a person named in a Statement of Claim) by denying a specific allegation;
• The date and address at which you received the Originating Claim and Statement of Claim; and
• Whether you wish to be heard on the costs of proceedings.

If you are using Form 18, the following details are to be included:

• Whether you intent to defend the matter;
• Whether you are a bankrupt;
• The date and address at which you received the Originating Claim and Statement of Claim;
• Whether you consent to a judgment being granted;
• Whether you wish to be heard on all or some of the claims in the Originating Claim;
• Whether you wish to make claims for relief in matters not dealt with in the Originating Claim; and
• Whether you wish to make a claim for maintenance.

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If you require any assistance with your lawsuit or divorce, you should consult a litigation lawyer who may be able to advise you on your defence and/or file a Notice of Intention to Contest or Not Contest on your behalf.