Notice of Admitting Hearsay Evidence

Perform the normal filing process:

• Select “File a Document” from the Quick Access banner.

• Specify the relevant case number and click “Retrieve”.

• Select “Filing a new document into this case”.

Fig 1. Select “Certificates, Memorandums & Notices” as the Category and “Notice of Admitting Hearsay Evidence Under Section 32(1) of the Evidence Act” 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 party, proceed to Figs 3a – 3b. If not, click “Start Application”.

Fig 3a. Click on the “Add Party Manually” button.

Fig 3b. Enter all the mandatory information. Click “Save” when you are done. Then, click “Start Application”.

(1) Case Information

Application

Fig 4. State all other cases that will be heard in the same Court sitting.

Hearsay

Fig 5. Indicate if the maker of that statement is not available to give evidence, and if the Filing Party intends to ask the Court to admit the statement. Additionally, identify the parts of the Evidence Act that you wish to proceed on.

Fig 6. Enter the name of maker of the statement.

Fig 6a. Indicate the Address of the Maker via the options below.

• If “Address” is selected, proceed to Fig 6b.

• If “The maker is deceased” is selected, proceed to Fig 6c.

• If “The maker cannot be found” is selected, proceed to Fig 6d.

Fig 6b. Enter the address of the maker.

Fig 6c. Indicate the date of death of the maker.

Fig 6d. Specify the date of the maker’s last appearance, the location, the parties involved, and the circumstances.

Fig 7. Indicate the format in which you are submitting the statement via the options below.

• If “Oral” is selected, proceed to Fig 7a.

• If “Written” is selected, proceed to Fig 7b.

• If “Oral and Written” is selected, proceed to Fig 7c.

Fig 7a. Enter the details for oral statement.

Fig 7b. Enter the details for written statement.

Fig 7c. Enter the details for both oral and written statements.

Fig 8. Select either:

• “Sign by” and the applicant's name will be automatically populated in the designated text box. You may edit this if necessary; or

• “Sign by (Applicant’s) lawyer” and the name of the applicant's lawyer will be automatically populated in the text box. You may edit this if necessary.

Fig 9. The name of the law firm will be auto populated. You may edit it if necessary.

Supporting Documents

Fig 10. Click “Add Document” to attach annexures to the Notice.

Fig 10a. Enter the number of “Other document” that you wish to add, and click “Add”.

Fig 10b. Click “Choose File” to select the file from the browser dialog box. Click the icon to upload the document. Provide information regarding the “Other document” in the text box.

(2) Forms

Fig 11. 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”.

Fig 12. You will be presented with an eForm.

Fig 13. To initiate online signing, click the “Confirm” button located at the bottom of the eForm.

Fig 13a. 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 13b. 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 13c.

Fig 13c. A new row will be displayed.

• 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.

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 14. 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 15. 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.