Letters of Request to Foreign Courts for Evidence in Singapore Company Cases

Company disputes rarely stay inside one country. A director may have moved funds through a foreign bank, a former finance manager may live overseas, or the key documents may sit with an overseas auditor. When a witness or a record cannot be reached by an order of the Singapore court, litigants turn to a letter of request, a formal written request from one court to another asking for help in obtaining evidence.

This guide explains how letters of request work in Singapore company litigation, in both directions: when Singapore parties need evidence from abroad, and when a foreign court asks for evidence from a witness in Singapore. It is written for directors, shareholders and company officers who want to understand the process before instructing a law firm. It is general information and not legal advice.

What a letter of request is

A letter of request, sometimes called a letter rogatory, is a request made by a court in one jurisdiction to the judicial authorities of another, asking them to take evidence or compel documents for use in proceedings in the requesting court. It is used because a court’s compulsory powers generally stop at its own borders. A Singapore High Court order for discovery or a subpoena has no direct force against a witness in another country.

In company disputes, typical uses include examining a witness who resides abroad about oppression or fraud allegations, obtaining bank records held by a foreign branch, and securing evidence from an overseas auditor, adviser or related company. Compare this with discovery orders against third parties and Bankers Trust orders, which operate within Singapore.

Two directions: outgoing and incoming requests

Outgoing requests: Singapore court asks a foreign court

A party to Singapore proceedings applies to the General Division of the High Court for an order that a letter of request be issued to the judicial authority of the country where the witness or documents are located. The Singapore court, if satisfied that the evidence is relevant and necessary and cannot practicably be obtained otherwise, issues the letter. The foreign court then decides whether and how to act under its own law and procedure.

Incoming requests: a foreign court asks Singapore

Where a foreign court wants evidence from a person in Singapore, the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 and the High Court’s rules on that Act apply. Order 55 of the Rules of Court 2021 now governs the procedure that Order 66 of earlier rules once did. Under the Act, the High Court can order a witness in Singapore to attend for examination, including on oath, on a request from a foreign court. The application is supported by an affidavit, and the foreign letter of request must be exhibited. The Act and its procedure rest on the same policy as the Hague Evidence Convention, and you can read the Act on Singapore Statutes Online.

The decision in Re Civelli [2024] SGHC 143 shows the Singapore court considering an application under Order 55 connected with a United States federal court’s request for examination of a witness under oath. Read the full judgment before relying on the points it decided, because each request turns on its facts and its wording.

The legal framework in outline

Check the current rules and practice directions on the Singapore judiciary website before filing, because forms and procedure change.

When a letter of request is worth considering

1. The evidence is important. Courts do not issue letters for marginal material. The party must show the witness or documents are likely to be material to an issue in the case.
2. The evidence cannot be obtained more simply. If the witness will attend voluntarily, or a Singapore subsidiary holds copies, those routes are faster and cheaper.
3. The request is specific. Fishing requests for every document a foreign bank holds are likely to be refused by the foreign court even if Singapore issues the letter.
4. There is time. Foreign courts process requests on their own timetable, which can run for many months.

Step by step: obtaining a letter of request for use abroad

1. Identify the evidence and the witness. Define the issues in the company dispute that the evidence goes to, the person’s name and address, and the questions or documents sought.
2. Check the foreign legal position. Obtain local advice on whether the foreign court accepts requests from Singapore, what form it requires and whether translations are needed.
3. Draft the letter, the questions and the supporting affidavit. The affidavit explains why the evidence is needed, why it cannot be obtained otherwise and how the foreign procedure will work.
4. Apply to the High Court. The application is made within the existing action, usually with the other side given notice. Expect the court to review the draft questions.
5. Court issues and seals the letter. The court may settle the questions and direct how the evidence will be recorded.
6. Transmit through the proper channel. Depending on the country, this may be directly or through diplomatic or central authorities, with certified translations.
7. Foreign court takes the evidence. It may examine the witness itself or appoint an examiner. Counsel may be allowed to attend.
8. Return and use of the evidence. The record is returned to Singapore and tendered in the proceedings, subject to normal rules on admissibility.

Step by step: responding to a foreign request in Singapore

1. The foreign party obtains the letter from its own court.
2. An application is filed in the High Court under the 1979 Act and Order 55, with the letter exhibited in an affidavit.
3. The court considers the request and may make an order for examination, specifying how and where it will take place. As in Re Civelli, the court generally gives effect to the substance of the request but does not rewrite it.
4. The witness is served, attends and gives evidence. A willing witness may sometimes complete the process without court intervention.
5. The record is certified and sent back to the foreign court.

A witness in Singapore may have grounds to resist, such as privilege, or that the request is too wide or really seeks pre-trial discovery. A company officer served with such a request should take advice quickly. If you need legal advice on responding to a foreign request for evidence, we can point you in the right direction.

Typical timeline

These stages are indicative. Plan the trial timetable around the possibility of delay, and consider applying for directions if the foreign court is slow.

Costs to budget for (SGD)

We have not quoted specific sums because these costs vary widely. Ask your lawyers for a written estimate of each stage in Singapore dollars and expect foreign costs to be quoted in local currency. Costs may also be recoverable from the other side depending on the outcome.

Practical tips for company litigants

• Preserve documents early. Our guide to electronic discovery explains what records must be kept.
• Consider whether a pre-action application or a without-notice application is a better first step.
• Check whether ACRA records can answer your question. See obtaining documents from ACRA through court orders.
• Keep the questions short and focused on issues in the pleadings.
• Budget for translation and delay, and tell your own witnesses early.
• Remember that data protection and bank secrecy rules abroad may limit what the foreign court will order.

Common mistakes

1. Treating the letter as a substitute for proper pleadings. The evidence must go to an issue that is actually in dispute.
2. Seeking broad discovery of a foreign entity’s files instead of specific documents.
3. Failing to obtain foreign legal advice before applying.
4. Leaving the application until close to trial.
5. Ignoring a request received from abroad, which can lead to an order against a Singapore witness.

Frequently asked questions

Is a letter of request the same as a subpoena?

No. A subpoena or discovery order binds a person within the court’s reach. A letter of request asks a foreign court to use its own powers, and the foreign court decides whether and how to do so.

Can the Singapore court rewrite the foreign court’s request?

Generally the High Court gives effect to the substance of an incoming request and does not add to it or change it. If the request is unclear or exceeds what the Act permits, the court may decline part of it or require clarification from the requesting court.

Can a witness in Singapore refuse?

A witness may raise grounds such as privilege or that the request is really a demand for general discovery. These points are decided by the High Court on the application, so a witness who is served should obtain advice immediately.

Do we need a letter of request if the witness is willing?

Not always. If the witness is willing to attend, the examination may be completed and the record sent to the foreign court without Singapore court intervention. A voluntary statement may also be an option where the other side agrees.

How does this affect a winding-up or oppression case?

Company cases often depend on tracing money and documents held overseas. A letter of request can support the evidence for allegations of misapplied funds, but it does not replace the need to plead the case properly. Consider it together with discovery within Singapore and, in an insolvency, the liquidator’s own information-gathering powers. Our guide to court-ordered inspection of company records explains one domestic route.

What should a director do first?

List what evidence is needed, who holds it and where, then speak to a litigation adviser before taking steps abroad. Do not contact a foreign witness in a way that could be seen as improper pressure, and do not destroy or alter records while the dispute is live.

Checklist before you instruct counsel

1. The pleaded issues the evidence relates to.
2. The name, address and language of the witness or custodian.
3. A draft list of questions or a description of the documents.
4. Evidence that simpler routes have been considered.
5. The foreign country’s likely approach to requests from Singapore.
6. A budget in Singapore dollars and foreign currency, and a realistic timeline.
7. A document preservation notice to your own staff.

Preparing this list first shortens the first meeting with your lawyers and reduces cost. It also helps the court see that the request is targeted and necessary, which is the main test for any letter of request.

Where company secretarial work fits

Company secretaries do not run the litigation, but they often hold the records that decide whether foreign evidence is needed: registers, minutes, bank mandates and filings. Organised records can narrow what must be obtained abroad. A reliable record also supports the planning of any investment decisions that depend on the outcome of a dispute. For the Singapore side of a cross-border issue, you can consult the Singapore Courts for current practice directions.

If you need support assembling company records for a dispute, speak to Raffles Corporate Services. For legal steps such as court applications, legal advice on the court application process is available through our network. For wider Singapore business news, see the business section of our friends at Little Big Red Dot.

To speak with the team at Raffles Corporate Services, you can email [email protected] or call, SMS, or WhatsApp +65 8501 7133. We are happy to assist with any queries.

The Editorial Team, Raffles Corporate Services