- Describe the state of digitalisation of the civil justice system in your jurisdiction in general.
- What types of digital or technical measures are currently available in litigation? How frequently do the courts use existing tools and technical capabilities?
- Is the use of these instruments optional or mandatory for the parties and their counsel?
- Do you consider your jurisdiction to have a fully digitalised litigation process in place? If negative, state which elements are lacking for fully digitalised litigation.
- Are there specific rules in place that address the use of technology in litigation? Are such laws currently up for (legislative) debate?
- Are there specific (pilot) projects (either planned or already set up) that aim at further fostering digitalisation in litigation?
- Given the current rise of AI tools, are there specific rules that apply to the use of AI in litigation?
- If digital tools are being used: What are the (technical) measures to prevent unwanted access/IT-security breaches? Are there specific rules in place that relate to the use of data?
- Has the use of digital tools in litigation led to new risks for businesses, e.g. through the rise of legal tech companies collecting (consumer) claims and then jointly or individually filing them on a large scale, using digital and automated processes in this regard?
- Are there specific tools or processes (either planned or already in place) aimed at improving accessibility to legal services (‘access to justice’), e.g. legal chatbots, centralised digital platforms, etc.?
jurisdiction
1. Describe the state of digitalisation of the civil justice system in your jurisdiction in general.
The civil justice system in Singapore has extensively adopted digital systems and technology.
The laws of the land have been computerised since the 1980s. The Electronic Filing System (EFS) was launched in 1997 and progressively implemented, introducing electronic work processes throughout the entire value chain. This EFS system has since been upgraded to the eLitigation system, which featured much more digitalisation by, for example, allowing content to be reused once entered in an e-form.
Courts in Singapore are equipped with state-of-the art projection and image-capture equipment. Digital presentation “whiteboards” on which “live” annotations can be made by counsel or witnesses are available, and object and document projection capabilities can be used to ensure that witnesses and counsel all obtain a clear view of evidence at the same time as the judge.
Videoconferencing was introduced in the Singapore courts as early as 2002. More recently, solutions such as Skype and Zoom have been deployed effectively to reduce the need for counsel to come to a courthouse if their matters can be dealt with remotely.
2. What types of digital or technical measures are currently available in litigation? How frequently do the courts use existing tools and technical capabilities?
Singapore has a comprehensive e-filing system, eLitigation, which allows parties and/or their counsel to file documents and requests, and to make payments. It is also the case management and communication platform between the parties and the court. Paper filing by producing a hardcopy document at a court counter and having it stamped is not possible (with a few exceptions). Courtrooms are set up to enable the use of technology, and increasingly more hearings are being conducted virtually where appropriate.
Several third-party platforms with different functionalities are available, such as legal project management platforms like the Legal Technology Platform (elaborated in Question 6 below), discovery or document management software, etc. Given the associated costs, these tend to be used for high-value claims with voluminous documents.
3. Is the use of these instruments optional or mandatory for the parties and their counsel?
The use of eLitigation is mandated. Other instruments are optional and for the parties to decide.
4. Do you consider your jurisdiction to have a fully digitalised litigation process in place? If negative, state which elements are lacking for fully digitalised litigation.
Yes.
5. Are there specific rules in place that address the use of technology in litigation? Are such laws currently up for (legislative) debate?
Yes, specific rules are in place that address the use of technology in litigation.
The Rules of Court 2021 provide for electronic means to be used for or in:
- Directions given by the Court;
- Conducting Hearings;
- Ordinary and Substituted Service;
- Signing and commissioning of affidavits;
- Transmission of documents, filing of documents, service of documents via the EFS.
The Evidence Act 1893 allows evidence to be given via a “live video or live television link”.
The Electronic Transactions Act 2010 deals with the courts’ ability to receive and deal with electronic evidence. It provides (a) legal recognition of electronic records; (b) that requirements for writing and signature can be adequately satisfied by electronic “writing” and “signatures”; and (c) detailed guidance as to when the date and time of sending and receiving of messages is deemed to have taken place.
The COVID-19 (Temporary Measures) Act 2020 was enacted during the COVID-19 pandemic and sought to allow the courts to resume their regular functions as quickly as possible by leveraging off remote communication technology. The general rule is that if the Chief Justice approves of a “remote communication technology” (e.g. Zoom), provided the courts are satisfied that adequate measures can be put in place to ensure that the proceedings can be conducted safely, the court can allow for remote attendance and for evidence to be taken using such remote communication technology.
6. Are there specific (pilot) projects (either planned or already set up) that aim at further fostering digitalisation in litigation?
The Ministry of Law (MinLaw), in partnership with legal technology firm Lupl, is developing an industry-wide matters management and collaboration platform, the Legal Technology Platform (LTP).
The LTP is designed around legal workflows commonly used by lawyers and law practices, and is a plug-and-play platform that integrates existing solutions (e.g. document management systems, communication solutions). Lawyers can access core features from these solutions via the LTP to minimise toggling between solutions, streamlining their day-to-day workflow and allowing them to focus on more substantive legal work.
7. Given the current rise of AI tools, are there specific rules that apply to the use of AI in litigation?
At present, there is no material use of AI in litigation nor any specific rules that apply. This may change in the near future as the use of AI increases.
8. If digital tools are being used: What are the (technical) measures to prevent unwanted access/IT-security breaches? Are there specific rules in place that relate to the use of data?
The eLitigation platform is only accessible via the SingPass credentials, every Singapore resident’s trusted digital identity for easy and secure access to over 2,000 government and private sector services online and in person. SingPass is managed by the Government Technology Agency (GovTech) and is one of eight strategic national projects that drive Singapore’s Smart Nation vision.
Hearings conducted via Zoom can only be accessed with a password, and all parties attending are warned that no recording is permitted.
9. Has the use of digital tools in litigation led to new risks for businesses, e.g. through the rise of legal tech companies collecting (consumer) claims and then jointly or individually filing them on a large scale, using digital and automated processes in this regard?
We have not seen such trends.
10. Are there specific tools or processes (either planned or already in place) aimed at improving accessibility to legal services (‘access to justice’), e.g. legal chatbots, centralised digital platforms, etc.?
The Singapore Ministry of Law Legal Aid Bureau has put in place “iLAB”, an Intelligent Legal Assistance Bot. It identifies legal issues and provides the public with relevant legal information to help address them. iLAB also indicates where legal advice can be obtained from a lawyer, and check eligibility for legal aid.
