|
(before 14.04.2003)
|
| For Divorce Petitions filed
before 14 April 2003, the Women's Charter (Matrimonial Proceedings)
Rules 1998 apply. All documents are to be stamped and filed at the
Family Court Registry. |
|
| Divorce is a two-stage process.
In the first stage, the court will deal with the question of the divorce
itself, i.e. whether the marriage should be dissolved (i.e. discontinued).
In the second stage, the court will deal with the "ancillary
matters", i.e. the children, the matrimonial assets (for example,
the HDB flat), and maintenance for the wife and children.
The steps in a matrimonial proceeding are as
follows:
| First
Stage |
Step
1:
|
Filing
of divorce Petition |
| Step
2: |
Service
of Petition |
| Step
3: |
Filing
of Memorandum of Appearance |
| Step
4: |
Filing
of answer and/or cross Petition |
| Step
5: |
Filing
of reply and/or answer to cross Petition |
| Step
6: |
Status
conference* |
| Step
7: |
Setting
Down |
| Step
8: |
Pre-trial
conference (PTC)* |
| Step
9: |
Mediation,
Counselling and/or Joint Conference* |
| Step
10: |
Adjourned
PTC*, filing of affidavits of evidence-in-chief |
| Step
11: |
Hearing
of divorce Petition* |
| Second
Stage |
| Step
12: |
Pre-trial
conference for ancillary matters* |
| Step
13: |
Mediation,
Counselling and/or Joint Conference* |
| Step
14: |
Adjourned
PTC, discovery, filing of affidavits |
| Step
15: |
Hearing
of ancillary matters* |
| Step
16: |
Application
for decree absolute |
(* denotes a court session where the
attendance of parties and/or their lawyers in court is required.)
|
| Step
1: Filing of Divorce Petition |
To commence a divorce proceeding,
the Petitioner (i.e. the applicant) must stamp and file the following
documents at the Family Court Registry:
| (1) |
Divorce Petition : the divorce
Petition must state which of the 5 facts (i.e. adultery, unreasonable
conduct, desertion or separation) the divorce is based on, with
sufficient information given, as well as the prayers (i.e. applications)
on the ancillary matters; |
| (2) |
Certificate with Regard
to Reconciliation ; |
| (3) |
Notice of Proceedings to
the Respondent (the spouse who is being sued for divorce) or
Notice to a Person Entitled to Intervene to the Co-Respondent
(the person with whom the Respondent is committing adultery
or having an improper association); |
| (4) |
Acknowledgment of Service
; |
| (5) |
Memorandum of Appearance
; |
| (6) |
where the divorce is based
on 3 years' separation with consent, the Respondent's consent
to the divorce; |
| (7) |
where there are minor children,
an Agreed Parenting Plan or Proposed Parenting Plan ; and |
| (8) |
where there is an HDB flat
for division, an Agreed Matrimonial Property Plan or Proposed
Matrimonial Property Plan , with the requisite replies from
HDB and CPFB to the HDB standard queries and CPFB Standard Queries
. |
If you need assistance in drafting or preparing the divorce papers,
it is advisable for you to seek legal advice. |
|
|
| Step 2:
Service of Petition |
The Petitioner must serve
the divorce papers on the Respondent and the Co-Respondent (where
applicable). This is to give the Respondent and Co-Respondent notice
that a suit has been started against them. Service may be effected
by:
| (1) |
personal service:
an authorised person (usually the clerk of a law firm) must
hand the divorce papers to the Respondent or Co-Respondent personally;
or |
| (2) |
service by registered
post: the divorce papers maybe sent to the Respondent's
or Co-Respondent's address by registered post but he/she must
sign and return the Acknowledgment of Service to you for service
to be valid. |
A divorce Petition can also be served on a Respondent
who is residing outside Singapore, without getting the prior approval
of the court, by using one of the above means.
If the above service fails, the Petitioner may
apply, by filing a Summons-in-Chambers, for:
| (1) |
substituted service,
that is, ask the court to approve an alternative mode of service,
e.g. by pasting the divorce papers on the front door of the
place where the Respondent normally resides, or by placing an
advertisement of the divorce in the newspapers (if the country
in which the Respondent resides is known); or
|
| (2) |
dispensation of service,
that is, ask the court to approve that the divorce papers need
not be served. However, the court will only grant this if reasonable
efforts have been made to locate the Respondent and even the
country in which the Respondent can be found cannot be ascertained.
|
A divorce Petition can also be served on a Respondent
who is residing outside Singapore, without getting the prior approval
of the court.
|
|
|
| Step 3:
Filing of Memorandum of Appearance |
If a Respondent or Co-Respondent
wishes to be heard by the court, he must complete 2 copies of the
Memorandum of Appearance within 8 days from the date of service of
the divorce papers. The memorandum must state whether the Respondent
is defending (i.e contesting) the Petition or contesting only the
ancillary matters. The completed Memorandum of Appearance must then
be stamped and filed in court. Even if the Respondent or Co-Respondent
is of the view that the Family Court of Singapore has no jurisdiction
to hear the case, he should still file the memorandum under protest,
(that is by stating the reasons why he objects to the Family Court
hearing the case.
If the Respondent or Co-Respondent fails to file the Memorandum of
Appearance within the prescribed time, the Petitioner may file a document
called "Praecipe" to search the court records and upon confirmation
that no appearance has been entered, file an "affidavit of service"
and "Certificate of Non-appearance" . With this certificate,
the Petitioner may proceed to set down the case for hearing (i.e go
straight to Step 7).
Respondents and Co-Respondents should therefore
note that if they simply ignore the divorce papers and fail to file
the necessary papers, the court may proceed to hear the case and
grant the divorce Petition.
|
|
|
| Step 4:
Filing of Answer and/or Cross Petition & Related Documents |
| If a Respondent wishes to
defend (i.e. contest) the Petition, he must stamp and file an 'Answer'
within 22 days from the date of service of the divorce papers on him.
The answer must address all the allegations in the Petition and set
out the facts that the Respondent is relying on to contest the Petition.
The answer must also be served on the Petitioner's counsel (or the
Petitioner if he does not have a lawyer).
If the Respondent also wants to get divorced,
but disagrees with the grounds set out in the Petition, then, in
addition to an Answer, he may file an 'Answer and Cross Petition'
by setting out which of the 5 facts he is relying on to get a divorce
and the facts in support. If the cross-Petition is filed based on
the Petitioner's adultery and the third party is known, the Respondent
must name and serve the cross Petition on the Third Party (known
as the 'Party Cited') personally.
If the Respondent wishes to contest the ancillary
matters only, and not the divorce Petition, he need not file an
Answer.
The Respondent should note that if he fails
to file the Answer within the prescribed time, the Petitioner may
proceed to set down the Petition for hearing and the court may grant
the divorce Petition without hearing the Respondent (i.e. go straight
to Step 7).
If a Co-Respondent wishes to contest the Petition,
he need not file an answer provided his Memorandum of Appearance
indicates that he denies the charge of adultery but is not defending
the Petition on any other ground.
The Respondent should also note that at the
same time as filing his Answer, he should also file an 'Affidavit
of Means and Assets', that is, a statement that sets out his income
and property, that is affirmed/sworn before a Commissioner for Oaths.
In practice, the court will still hear the Respondent's objections
to the divorce even if he fails to file this document.
|
|
|
| Step 5:
Filing of Reply and/or Answer to Cross Petition |
| The Petitioner may file and
serve on the Respondent a 'Reply', within 14 days of the receipt of
the Answer. He may also file a 'Reply and Answer to Cross-Petition'
if the Respondent has filed an Answer & Cross Petition.
The Petitioner may also file an Affidavit of
Means and Assets in reply to the Respondent's Affidavit of Means
and Assets (if one has been filed).
|
|
|
| Step 6:
Status Conference |
| The court will call parties
to attend a 'Status Conference' if a Petition is not set down for
hearing promptly. The objective of the status conference is to enable
the court to monitor the case to ensure that there is no delay in
completing the case. No status conference will be held if the Petition
has already been set down. If the Petitioner has set down the case
after the status conference was fixed by the court, the Petitioner
may request that the status conference be vacated.
If a Petitioner fails to attend a status
conference, the Deputy Registrar may make such orders as he or she
considers appropriate, including striking out the Petition (i.e.
dismissing the case without a full hearing).
At the status conference, in appropriate cases,
the Deputy Registrar may also refer parties for mediation and counselling
to assist them to resolve their dispute early.
|
|
|
| Step 7:
Setting Down |
| The Petitioner must set down
the divorce case for hearing after the time has expired for the Respondent
to file a Memorandum of Appearance, or if a memorandum has been filed,
the time has expired to file an answer or reply, as the case maybe.
If the matter is not set down promptly, the court will call parties
to attend a status conference (see Step 6) to give directions to expedite
the matter.
To set down the case, the Petitioner has to
stamp and file the Notice of Setting Down Action and the Request
for Setting Down Action for Hearing. At same time, a 'Bundle of
Pleadings' which contains the following documents is required to
be filed:
| (i) |
Petition; |
| (ii) |
the agreed or proposed parenting
plan; |
| (iii) |
the agreed or proposed matrimonial
property plan(s); |
| (iv) |
Memorandum of Appearance
or certificate of non-appearance; |
| (v) |
answer/cross Petition (if
any); |
| (vi) |
reply/answer to cross Petition
(if any); |
| (vii) |
any other pleadings filed
with the leave of the court; and |
| (viii) |
further and better particulars
(these are additional documents filed to give more facts in
support of the divorce Petition or other pleadings). |
Once the case is set down, the court will stream the case into different
tracks in accordance with whether an Answer and/or Cross-Petition
has been filed:
| (1) |
If the case is not contested
(i.e. no answer was filed), the registry will fix a hearing
date for the Petition on the uncontested list (known as "Uncontested
Divorce Hearing) (go to Step 11).
The hearing date will be fixed after 10 days from the date of
setting down. If an earlier date is required, the consent of
all other parties has to be obtained or the leave of the Judge
has to be obtained; or |
| (2) |
If the case is contested
(i.e. an answer is filed or the Co-Respondent's memorandum indicates
he is contesting the divorce), the registry will fix the case
for a pre-trial conference (go to Step
8). |
|
|
|
| Step 8:
Pre-Trial Conference (PTC) |
The court will call parties
to attend a PTC if the divorce Petition is contested. PTCs are conducted
by Deputy Registrars for the following purposes:
| (i) |
to ascertain which issue
is in dispute and to consider the possibility of settlement
and for this purpose, to refer parties for mediation or counselling;
and |
| (ii) |
to give orders on evidence
and the preparation of the case to ensure an early and smooth
trial. |
|
|
|
| Step 9:
Mediation, Counselling and/or Joint Conference |
| Mediation and counselling
are processes to assist family members to resolve (i.e. settle) or
narrow (i.e. reduce) their family disputes. In both processes, a neutral
person will first help parties to explore all the options that are
available to the parties to solve their problems, and then craft a
solution that meets the interest and needs of the parties and their
children. The goal of mediation and counselling is therefore to seek
a result that both parties can accept, that is, a win-win solution.
Mediation and counselling are confidential.
In other words, the positions taken by parties or any concessions
made by them will not bind them if there is no settlement at the
end of the session. The judge hearing the case will also not get
to know what was said during mediation or counselling.
Mediation is voluntary in the Family Court in that parties must
consent to mediation. Mediation may be conducted by a judge or a
volunteer mediator who is a qualified lawyer, counsellor or social
worker. Mediation is normally fixed in cases where the dispute is
over the ground of the divorce, the division of matrimonial assets
or maintenance.
Counselling, on the other hand, is conducted
by professional counsellors who have qualifications in social work
or psychology. Parties and/or their children may be ordered by the
court to attend counselling. Counselling is normally fixed in cases
where the dispute is over the possibility of reconciling the marriage
and the custody or care of or access to the children.
A joint conference is co-mediation jointly conducted
by 2 mediators, a legally trained person (usually a judge) and a
counsellor. It is normally fixed in cases which involve issues of
a legal nature (such as the ground of the divorce or division of
assets) and an emotional nature (such as whether the marriage has
broken down irretrievably or matters concerning the children).
Mediation and counselling may address both the
divorce issue as well as the ancillary matters. If parties know
what to expect in these processes and are adequately prepared for
the sessions, they will find that these processes are useful in
either settling the case or at the least, in clarifying what the
real disputes are. To find out how to prepare for mediation and
counselling, refer to the Mediation pamphlet and Counselling pamphlet.
If the divorce Petition is settled through mediation
or counselling, the case will be fixed for uncontested divorce hearing
(go to Step 11). If the Petition
is not settled, the court will give directions (that is, orders)
on the further conduct of the case (go to Step
10).
|
|
|
| Step
10: Adjourned PTC |
If the divorce Petition cannot
be settled, the court will fix another PTC after the mediation and
counselling sessions. At the adjourned PTC, the Deputy Registrar will:
| (i) |
give orders on evidence and
the preparation of the case to ensure an early and smooth trial:
for example, the parties and their witnesses will be ordered
to file affidavits of evidence-in chief (that is, sworn statements
on what the parties intend to say in court); and |
| (ii) |
ascertain the number of
trial days required and fix the hearing dates. |
The matter will then proceed for contested divorce hearing, that is,
a trial (go to Step 11). |
|
|
| Step
11: Hearing of the Divorce Petition |
| The divorce Petition may
be fixed for hearing on the uncontested list or the contested list.
For uncontested divorce hearing, the
hearing will be quite short- usually lasting 5-10 minutes only.
The hearing will be in an open court together with many other cases
(as many as 30 cases may be heard in one morning or one afternoon).
The Petitioner will have to go into the witness box, and confirm
certain essential paragraphs in the Petition: the marriage, the
particulars of the children, the ground of divorce and the prayers
sought. If the Respondent is also proceeding on the Cross-Petition,
the Respondent will take the stand after the Petitioner. In either
case, the other will be asked whether he has objections to the Petition
or Cross-Petition, if he is present in court. If there is no objection
and the judge is satisfied that that the marriage has irretrievably
broken down, he will grant a "Decree Nisi" to be made
absolute in 3 months. The "Decree Nisi" is a provisional
order for divorce, which is "made absolute", i.e. confirmed,
after 3 months. In practice, if the Respondent has no objection
to the divorce Petition, he need not attend the hearing.
Where the ancillary matters have been agreed
upon at the divorce hearing, parties may tender a 'Draft Consent
Order' which sets out the terms of agreement on the ancillary matters,
for the judge's consideration. The judge will record these orders
if the terms are in order. The whole divorce case is then concluded
(go to step 16). Where the ancillary
matters have not been agreed upon, the practice is that the ancillary
matters will be adjourned for hearing in chambers (go to step
12).
If the Respondent is absent on the divorce hearing
date, the court may still hear the Petition and grant the divorce
if it deems fit. A contested divorce hearing is very different
from an uncontested divorce hearing in that a trial will be conducted.
The parties will each have to give evidence in open court, to prove
their respective cases. They will also have to call witnesses to
support their case. The parties and their respective witnesses will
be "cross-examined". "Cross-examination" is
carried out by the other party's lawyer, who will ask questions
on what was said in evidence. The respective lawyers will also make
"submissions", i.e. present a summary of the case, and
make arguments supporting the case, to the judge. The whole process
may take anything from one day to several days, depending on the
number of witnesses and the complexity of the case. Contested divorces
are comparatively much more time-consuming and costly than uncontested
divorce hearing. If the court is satisfied, after hearing both parties,
that the marriage has irretrievably broken down, he will grant a
"Decree Nisi" to be made absolute in 3 months. The "Decree
Nisi" is a provisional order for divorce, which is "made
absolute", i.e. confirmed, after 3 months.
|
|
|
| Step
12: PTC for Ancillary Matters |
If the ancillary matters
are not settled before the hearing of the divorce Petition, they will
normally be adjourned for hearing in chambers. The court will then
fix a PTC for the ancillary matters before fixing dates for hearing.
PTCs are conducted by a Deputy Registrar and the following matters
will be dealt with:
| (i) |
which of the ancillary matters
(custody of children, maintenance for wife or children, division
of matrimonial property or recovery of legal costs) are contested;
|
| (ii) |
to consider the possibility
of settlement and for this purpose, to refer parties for mediation
and/or counselling; |
| (iii) |
to give orders on evidence:
for example, the court may order parties to disclose their bank
accounts or salary statements and any relevant reports on the
children etc.; and |
| (iv) |
to consider the need for
an investigation into and for a report to be prepared on the
welfare of the children and whether to appoint a Court Appointed
Counsel to protect the welfare of the children. |
|
|
|
| Step
13: Mediation, Counselling and/or Joint Conference |
| Mediation and counselling
are processes to assist family members to resolve (i.e. settle) or
narrow (i.e. reduce) their family disputes. In both processes, a neutral
person will first help parties to explore all the options that are
available to the parties to solve their problems, and then craft a
solution that meets the interests and needs of the parties and their
children. The goal of mediation and counselling is therefore to seek
a result that both parties can accept, that is, a win-win solution.
Mediation and counselling are confidential.
In other words, the position taken by parties or any concessions
made by them will not bind them if there is no settlement at the
end of the session. The judge hearing the case will also not get
to know what was said during mediation or counselling. However,
if children have been ordered to attend counselling in order for
a report to be put up, the matters disclosed during counselling
will not be confidential. Parties and the children will be informed,
before such a counselling session, that confidentiality will not
be maintained.
Mediation is voluntary in the Family Court in that parties must
consent to mediation. Mediation may be conducted by a judge or a
volunteer mediator who is a qualified lawyer, counsellor or social
worker. Mediation is normally fixed in cases where the dispute is
over the division of matrimonial assets or maintenance.
Counselling, on the other hand, is conducted
by professional counsellors who have qualifications in social work
or psychology. Parties and/or their children may be ordered to attend
counselling. Counselling is normally fixed to conciliate disputes
over the custody or care of or access to the children. Counselling
may also be ordered for the children for their wishes to be ascertained
and for a report to be put up on their welfare.
A joint conference is co-mediation i.e. mediation
jointly conducted by 2 mediators (a legally trained person (usually
a judge) and a counsellor). It is normally fixed in cases which
involve issues of a legal nature (such as the division of assets)
an emotional nature (such as the custody of children etc).
If parties know what to expect in these processes
and are adequately prepared for the sessions, they will find that
these processes are useful in either settling the case or at the
least clarifying what the real disputes are. To find out how to
prepare for mediation and counselling, refer to the Mediation pamphlet
and Counselling pamphlet. It is important for parties to bring along
the relevant documents (such as bank statements, salary slips and
CPF statements) for mediation.
If the ancillary matters are settled through
mediation or counselling, the court will fix a date for Consent
Orders to be recorded (go to Step 15).
If the ancillary matters are not settled, the court will give directions
(i.e. orders) on the further conduct of the case (go to Step
14).
|
|
|
| Step
14: Adjourned PTC |
If the ancillary matters
cannot be settled, the court will fix another PTC after the mediation
and counselling. At the adjourned PTC, the Deputy Registrar will:
| (i) |
give orders on evidence
and the preparation of the case to ensure an early and smooth
hearing: for example, the parties will be ordered to file affidavits
(that is, sworn statements) for the ancillary matters; |
| (ii) |
order the appropriate person
(e.g. a court counsellor, a social worker from MCDS or a psychiatrist
from the Child Guidance Clinic or in private practice) to furnish
a report on the welfare of the children (if necessary); and |
| (iii) |
ascertain the number of days
required and fix the hearing dates. |
When all necessary affidavits, documents and reports have been filed,
the ancillary matters will then proceed for hearing in chambers (go
to Step 15). The ancillary matters
may be fixed for hearing on the 'Normal List' or on the 'Special List'.
Fixing on the normal list means that the case will be fixed for hearing
on the same morning or afternoon as 3-4 other cases, whereas a 'special'
fixing means that the case will be fixed for hearing for half a day
or more. Parties should therefore assess the complexity of the case
and indicate to the court how much time they would require to argue
their case. |
|
|
| Step
15: Ancillary Matters |
| Consent orders. Where
the ancillary matters have been settled, whether or not through mediation
or counselling, the parties should tender a Draft Consent Order setting
out the agreed terms, which is signed by both parties. If the agreement
is in order, the court will grant an order in terms, i.e. approve
the Draft Consent Order. Where the agreed terms require clarification,
for example, where parties have agreed that not all the children shall
be under the custody of the same parents, the court may require affidavits
to be filed to justify why the orders should be made.
Contested hearing. Where the ancillary
matters have not been settled, the hearing of the ancillary matters
is usually conducted in chambers and the facts which parties are
seeking to rely on should be adduced by way of affidavits. The leave
of the court should be sought if parties wish to cross-examine the
deponents. Cross-examination is not normally allowed.
|
|
|
| Step
16: Application for Decree Absolute |
Before making the application
for the decree nisi to be made absolute, parties must meet the following
conditions:
| (i) |
the time period prescribed
for making the decree absolute has expired (usually 3 months
from the date of the decree nisi (see Step
11)); the court's approval must be sought if parties desire
to make the application earlier; |
| (ii) |
if more than one year has
passed from the date of the decree nisi, an affidavit (sworn
statement) must be filed to explain the delay and the court's
approval must be obtained to apply for the decree absolute; |
| (iii) |
the ancillary matters, in
particular, the custody, care and control of the children, have
been decided by the court, the written court orders have been
obtained and the parenting plan (where applicable) has been
filed; and |
| (iv) |
there is no appeal against
the decree nisi; and |
| (v) |
no person has filed an appearance
(a notice) to object to the decree being made absolute. |
Documents to be filed. The documents to be stamped and filed
to make the decree absolute are as follows:
| (i) |
Notice of Application to
Make Decree Nisi Absolute ; |
| (ii) |
Affidavit on search conducted
to ascertain if an appeal has been lodged and whether any persons
have filed an appearance to object ; |
| (iii) |
a copy of the Decree Nisi
; |
| (iv) |
the Parenting Plan (where
applicable) ; and |
| (v) |
2 copies of Certificate of
Making Decree Nisi Absolute. |
If the above papers are in order, the Certificate of Making Decree
Nisi Absolute, duly signed and sealed, will be returned to parties.
If the papers are not in order, the application will be rejected,
with the reasons stated by the Family Registry. The applicant should
rectify the errors and re-file the application. |
|
|
| (i) Originating Summons |
A person who has been married
for less than 3 years will have to seek the leave of the court (i.e.
the approval of the court) if he wishes to file a divorce Petition.
To apply for the court's approval, he may file an Originating Summons
in court accompanied with an affidavit (i.e. a written statement that
is sworn or affirmed before a Commissioner for Oaths) that sets out:
| (a) |
the grounds of the application; |
| (b) |
particulars of hardship
or depravity; |
| (c) |
whether an application for
the court's approval has been filed in the past; |
| (d) |
whether attempts have been
made at reconciliation and if so, the nature of the attempts; |
| (e) |
details of the circumstances
that may help the court to decide if there is a possibility
of reconciliation; and |
| (f) |
the date of birth of each
party. |
The originating summons must be served on the other party, who is
known as the Respondent, in the same manner as a divorce Petition
(see Step 2 above). The court will
then fix the application for hearing in chambers before a District
Judge. Unlike a divorce Petition, the Respondent need not enter an
appearance. He is entitled to be heard as of right. |
| (ii) Summons-in-Chambers
(SIC) |
| An SIC is an application
that is heard in chambers (i.e., it is a private hearing, unlike a
trial, which is heard in open court), by either a District Judge or
a Deputy Registrar. Parties and their witnesses need not testify in
court when SICs are heard as such applications are heard based on
affidavits (i.e. a document that sets out the evidence of the parties
and that is sworn or affirmed before a Commissioner for Oaths).
SICs can be filed for a range of matters that
are related to a suit and can be filed at any point in time during
the proceedings or after orders have been made by the court.
- Common SICs filed in divorce proceedings
include applications for:
- substituted service or dispensation of service;
- interim custody or access;
- interim maintenance;
- injunction: an application to freeze assets
to prevent disposition;
- amendment: an application to correct a court
document;
- discovery: an application for information
such as bank account statements,
- striking out: an application to remove a
document or a portion of a document from the court's file;
- extension of time : an application to be
given more time to take a step that is required under the Rules;
- approval to file a Decree Nisi Absolute after
1 year from the date of the decree nisi; and
- variation of a court order: this application
is normally made to change the access orders or the maintenance
amount awarded by the Court.
|
| (iii) Appeals |
|
If either party is dissatisfied with a court
order, he may file an appeal against the order. In the appeal papers
(known as the Notice of Appeal), he must state the date of the order
and the name of the District Judge or Deputy Registrar who had made
the order, as well as specify which part of the order he is appealing
against. If the order in question is made by a Deputy Registrar,
the appeal papers must be filed at the Family Court Registry. If
the order in question is made by a District Judge, the appeal papers
must be filed at the Appeal Section at the Civil Court Registry.
You should seek legal advice if you need assistance in drafting
the appeal papers.
|
| (iv) Praecipes |
| A praecipe is a request to
the court. Praecipes are commonly filed when a person wishes to search
the court's records, to inspect the court's file or to extract a certified
true copy of a court document . Praecipes have to be stamped and filed
in court. |
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