Interpleader – Magistrates’ Court – Magistrates’ Court Rule 44 Where any person (‘the applicant’), alleges that he is under any liability in respect of which he is or expects to be sued by two or more parties making adverse claims (‘the claimants’), in respect thereto, the applicant may deliver a […]
Forms
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Interpleader – High Court – Uniform Rule of Court 58 Where any person (‘the applicant’), alleges that he is under any liability in respect of which he is or expects to be sued by two or more parties making adverse claims (‘the claimants’), in respect thereto, the applicant may deliver […]
Interim relief in matrimonial matters – Magistrates’ Court – Magistrates’ Court Rule 58 This rule applies whenever a spouse seeks relief from the court in respect of one or more of the following matters:(a) Maintenance pendente lite;(b) A contribution towards the costs of a matrimonial action, pending or about to […]
Interim relief in matrimonial matters – High Court – Uniform Rule of Court 43 This rule applies whenever a spouse seeks relief from the court in respect of one or more of the following matters:(a) Maintenance pendente lite;(b) A contribution towards the costs of a matrimonial action, pending or about […]
Financial Disclosure Form – Interim relief in matrimonial and divorce matters The Financial Disclosure Form (“FDF”) is becoming obligatory in interim relief matters as per the Practice Directives of the different Divisions of the High Court. Financial Disclosure Form – Interim relief in matrimonial and divorce matters To view the […]
Exception and application to strike out – Magistrates’ Court – Magistrates’ Court Rule 19 If a pleading is vague and embarrassing, or lacks averments which are necessary to sustain an action or defence, the opposing party may, within the period allowed for filing any subsequent pleading, deliver an exception thereto. […]
Exception and application to strike out – High Court – Uniform Rule of Court 23 If a pleading is vague and embarrassing, or lacks averments which are necessary to sustain an action or defence, the opposing party may, within the period allowed for filing any subsequent pleading, deliver an exception […]
Edictal citation and substituted service – Magistrates’ Court – Form 4 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 10 Any process or document whereby proceedings are instituted shall be served outside the Republic only by leave of the court. The person desiring to obtain leave […]
Edictal citation – High Court – Uniform Rule of Court 5 When the defendant is believed to be out of the Republic of South Africa and the process or documents instituting proceedings must be served outside the borders of the Republic, leave to sue by way of Edictal Citation is […]
Discovery affidavit – Magistrates’ Court – Form 13 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 23(2)(a) A party required to make discovery in terms of Rule 23(1) shall within 20 days or within the time stated in any order of a magistrate make discovery of […]