Obtaining Evidence in Singapore for Foreign Proceedings

In-person taking of evidence by foreign authorities and agents in Singapore is not permitted. Foreign court officials, authorities, and their agents (including  private counsel appointed to serve as agents) may not, while physically present in Singapore, obtain evidence from persons in Singapore for the purpose of foreign non-criminal proceedings, even where the evidence taken is voluntary. In that regard, Singapore has entered a reservation to disapply Chapter II of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters 1970 (the “Hague Evidence Convention”). Evidence may instead be taken through (a) judicial assistance from the Singapore courts, or (b) remote means with, where required, prior permission from the Singapore Government.

Taking of evidence involving legal compulsion requires judicial assistance. Where the obtaining of evidence in Singapore for use in foreign non-criminal proceedings involves legal compulsion, judicial assistance from the Singapore courts is required. This applies to the obtaining of evidence through in-person or remote means. This obtaining of evidence includes, among others, the examination of witnesses (either orally or in writing) or the production of documents.

Remote-taking of voluntary evidence. Where voluntary evidence is to be obtained, without legal compulsion, from a person in Singapore through remote means (i.e. via video and/or audio link), for the purpose of foreign court or tribunal proceedings in non-criminal matters, judicial assistance from the Singapore courts may not be required. For further information, please refer to the page “Obtaining Voluntary Evidence Remotely from a Person in Singapore for Foreign Proceedings”.

Seeking Judicial Assistance

The procedures for seeking judicial assistance to obtain evidence in Singapore for use in foreign court or tribunal proceedings are governed by the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 and Order 55 of the Rules of Court 2021.

There are two principal means of doing so:

(i) Court application: A duly authorised person may apply, on behalf of the relevant foreign court or tribunal, to the General Division of the High Court of Singapore, pursuant to Order 55, rule 2 of the Rules of Court 2021. Parties may wish to engage qualified Singapore lawyers to make this application.

(ii) Letter of Request: Where no person has been duly authorised on behalf of the foreign court or tribunal to make the above application, and where a Civil Procedure Convention is applicable, a letter of request may be transmitted by the relevant foreign authorities to the Registrar of the Supreme Court, pursuant to Order 55, rule 3(b) of the Rules of Court 2021.

Singapore is a party to the following Civil Procedure Conventions:

1. The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters 1970 (the “Hague Evidence Convention”). The Supreme Court of Singapore serves as Singapore's Central Authority under the Hague Evidence Convention. For further information on seeking judicial assistance from Singapore under the Hague Evidence Convention, please refer to: https://www.hcch.net/en/instruments/conventions/specialised-sections/evidence.

2. The bilateral Civil Procedure Conventions set out in the Third Schedule of the Rules of Court 2021. Online copies of these bilateral Civil Procedure Conventions can be found here.