How to file a court motion

This article will explain the process of filing an originating claim under the Rules of Court It will cover:. An originating claim is one of the two examples of originating processes through which you can start a civil claim in Singapore.

Filing a motion in court meaning

The originating claim serves to notify the defendant that you have commenced legal proceedings against them. An originating claim must be filed when the material facts of the civil claim are in dispute. In contrast, an originating application is filed if it is required under any written law or if the claim concerns a matter of law where there are no disputes over the material facts.

Material facts refer to facts that are necessary to formulate a complete cause of action so that the opposing party is informed of the case against which it is defending. The material facts would not be in dispute where the proceedings concern the interpretation and application of any written law, instrument or document.

How to write a motion for court template

On the other hand, a dispute over the material facts would arise where, for example, it is important to determine what the terms of an agreement between the parties entailed. If the claim is for personal injuries, you must annex to the originating claim the relevant medical report s and a statement of the special damages claimed.

Special damages refer to claims in respect of financial losses that have been directly incurred because of an accident. For instance, medical expenses to treat injuries, or costs to repair vehicles or personal items damaged from the accident in question may be compensated by special damages. A statement of claim is a written document containing the relevant facts establishing your claim and the relief or remedy that you are seeking from the defendant.

The statement of claim should be filed using Form 9 and served with the originating claim. If you fail to file the statement of claim, the defendant may apply to the court for an order to dismiss your action.