Disclosure Affidavit
Last updated
Last updated
Perform the normal filing process:
Select “File a Document” from the Quick Access banner.
Specify the relevant case number and click “Retrieve”. If the Disclosure Affidavit is filed for a Summons application, the Summons number (instead of the main case number) should be entered.
Select “Filing a new document into this case”.
Fig 1. Select “Affidavits” as the Category and “Disclosure Affidavit” as the Document Title.
Fig 2. Review the list of parties involved in the case, and ensure that the correct party is selected as the Filing Party.
If you would like to add a non-party, proceed to Figs 3a – 3b. If not, click “Start Application”.
Fig 3a. Click on the “Add Non-Party Manually” button.
Fig 3b. Enter all mandatory information. Click “Save” when you are done. Then, click “Start Application”.
(1) Case Information
Affidavit Deponent
Fig 4. Click on “Add Deponent”. You will need to add at least 1 deponent in order to proceed with the rest of the application.
Fig 4a. Select the party that you wish to add as a deponent. Upon selection, the party’s details will be displayed. Click “Add” when you are done.
If the person that you wish to add as a deponent is not listed, you can consider if they should be added as a Non-Party to the case or Summons subcase, or if they should be added solely for the sake of the affidavit. If the latter is true, select “Others” to add them to the deponent list (refer to Fig 4b).
Fig 4b. Provide the necessary details. Click “Add” when you are done.
Fig 5. Enter the details accordingly.
Affidavit
Fig 6. State the purpose of the affidavit, such as if it is in support of the Originating Application the affidavit is being filed in. If a Summons case number had been entered at the very beginning, the selection will dynamically reflect “in support of the Summons [entered summons number]” instead.
If “Others” is selected, provide details in the text box.
Fig 7. Select the appropriate statement for the affidavit.
If the first option is selected, proceed to Fig 7a.
If the second option is selected, proceed to Fig 7b.
Fig 7a. Name the party that the Applicant is applying for Disclosure against.
Fig 7b. Indicate if the Applicant is applying for Disclosure against a non-party or a potential party, and name the party. A potential party is one when this Disclosure Affidavit is filed to support an Originating Application for Permission to Seek Disclosure (i.e. pre-action disclosure). If proceedings have started already, then it will be applications against non-parties (i.e. anyone who is not a party in the main case).
Fig 8. List the reasons for seeking disclosure in the table shown. Click “Add Reasons” to begin adding an entry to the table.
Fig 8a. Enter the corresponding serial number of the item being referred to in the Disclosure Table. Multiple serial numbers can be entered if the same reasons apply to the various serial numbers.
Fig 8b. Select the applicable reasons for seeking disclosure.
If “Support / dispute a party’s position” is selected, proceed to Fig 8c.
If “Broader scope of disclosure” is selected, proceed to Fig 8d.
If “Document ordinarily within the requesting party’s possession / control” is selected, proceed to Fig 8e.
If “Document in responding party’s possession / control” is selected, proceed to Fig 8f.
If “Information within responding party’s knowledge” is selected, proceed to Fig 8g.
If “Disclosure against a potential party / non-party” is selected, proceed to Fig 8h.
If “State other reasons” is selected, proceed to Fig 8i.
Fig 8c. State if the Requesting Party is relying on the document to support or dispute a party’s position. You will need to provide further details on the party being responded to, and how the document will help in supporting or disputing a party’s position.
Fig 8d. State if the Requesting Party is asking for the Court to allow a broader scope of disclosure, and the reasons for doing so. You will need to provide further details of the reasons stated.
Fig 8e. State the special circumstances for the document to be requested despite the document ordinarily being within the Requesting Party’s possession or control.
Fig 8f. State the reasons for the Requesting Party to believe that the document is within the Responding Party’s possession or control.
Fig 8g. State the reasons for the Requesting Party to believe that the information is within the Responding Party’s knowledge.
Fig 8h. State the reasons for the Requesting Party to seek disclosure against potential or non-parties, and the details of the selected reasons.
Fig 8i. Detail any other reason for the Requesting Party to seek disclosure.
Fig 8j. Add any other information that may be relevant to the disclosure being sought. Click “Add” to finish adding the details, and add the entry to the table shown in Fig 8.
Repeat the steps to provide reasons for other serial numbers in the application.
Summary of Claim
Fig 9. Select the claims that the Filing Party is asking for.
If “Others:” is selected, provide the details in the textbox.
If “the Court grants the” is selected, indicate if it is for “Originating Application” or “Summons”.
Affirmation
Fig 10. State if the Filing Party swears to or affirms the document. Provide details of the date and place that this document was sworn / affirmed, especially if the document is to be digitally signed. Indicate if interpretation is required and if the document needs to be read audibly to the deponent.
Exhibits
Fig 11. Enter a prefix for the exhibits supporting this affidavit. The prefix should be the initials of the deponent’s name, e.g. TBH for Tan Beng Huat.
You may click the “Preview Affidavit” button to view a generated affidavit, based on the information entered thus far in the sections above in order to fill in the Reference in Affidavit to the exhibit field.
Fig 12. If the deponent wishes to include exhibits, click “Add Document”.
Fig 12a. Indicate the number of documents the deponent wishes to add and click “Add”.
Fig 13. If you are unable to provide any documents or wish to explain why a certain document cannot be provided, click “Add Document” at Table 2.
Fig 13a. Indicate the number of documents you wish to add and click “Add”.
(2) Forms
Fig 15. You will be presented with an eForm.
Fig 16. To initiate the signing process, click the “Confirm” button located at the bottom of the eForm.
Fig 16a. The row of the eForm will be updated with new buttons.
To change the information in the generated form, click “Previous” to return to the Case Information section and amend the information first. Then click the button in Step 2 to generate a new form with the updated details. Then click the “Confirm” button located at the bottom of the eForm.
Click the “Finalise Document” button to start the signing process. The “Finalise Document” button will only be enabled after all eForms are confirmed and all documents to be uploaded in Step 2 have been uploaded.
Fig 16b. The row of the eForm will be updated with new buttons if the document requires a signature. You may choose either digital signing or offline signing.
To start digital signing, click the button.
You will be taken to the Document Signing Service (“DSS”) portal.
Please refer to "eLitigation FAQ > Document Signing Service (DSS) Guide for eLitigation Users > How do I request signatures with DSS?" for a step-by-step guide on how to sign your documents with DSS.
DSS will pre-populate the list of signers based on the details in the Case Information section. Do check that the list of signers is correct before proceeding. You can add or remove the signers, if necessary.
The eForm in Step 2 will automatically be made available in DSS for online signing.
To start offline signing, click the button to download the document and proceed to Fig 16c.
Fig 16c. A new row will be displayed.
Upon successfully completing the signing procedure (regardless of which method was chosen) or if none of the documents require a signature, the “Next” button should be enabled. Click on the “Next” button to proceed to Step 3: Admin Details.
(3) Admin Details
Fig 17. In Step 3: Admin Details, indicate any urgent processing, special request or waiver required. You can also opt to eServe the documents to another law firm.
(4) Submission
Fig 18. In Step 4: Submission, review all information and documents before submission. Upon acceptance / approval by Court, the documents will be sent to your eLitigation inbox.
Fig 12b. The line entries for exhibits will generate based on the deponent’s input on the number of documents to add. Indicate the title of the document and the paragraph reference to the affidavit (using the preview of the generated affidavit). The deponent will be required to upload a file for each document listed in the table. Click “Choose File” to open a browser dialog box to select a file, and click the icon to upload the document.
Fig 13b. Indicate the name of document not provided and the reasons for lack of document, or details of alternative document provided. If you are unable to provide any details or wish to delete any line entry, click on the button to delete the document’s row.
Fig 14. Click on the icon to view the eForm. The eForm will be generated based on the details provided in the Case Information section. If you would like to file other supporting documents to the case, click “Add Document”.
• You will no longer be able to make changes to the data in the form. If you wish to make changes to the data, click the “Cancel Finalised Document” button. All previously signed documents will be removed from Step 2. Return to Step 1 to make changes to the data and then return to Step 2 and click to regenerate the eForms based on the updated data. You will be required to confirm all the eForms again to activate the “Finalise Documents” button again.
• If you wish to retract the offline signing, click on the icon.
Click the button to upload the manually signed copy.