Close of pleadings Pleadings are considered closed if- either party has joined issue without alleging any new matter, and without adding any further pleading; the last day allowed for filing a replication or subsequent pleading has elapsed and it has not been filed; the parties agree in writing that the […]
South Africa
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Application to strike out An application to strike out is also an interlocutory application procedure. Interlocutory applications are dealt with in the chapter ‘Applications’. This application is aimed at individual allegations or paragraphs of the pleading while an exception is aimed at the whole claim or defence. The purpose of […]
Exception An exception is an interlocutory application procedure. Interlocutory applications are dealt with in the chapter ‘Applications’. Exception can only be taken to a pleading. The purpose is to obtain a speedy and inexpensive decision on a question of law of whether the pleading contains the necessary allegations of fact […]
Bar Any party who fails to deliver a replication or subsequent pleading within the time stated in the court rules shall be automatically barred. If the defendant fails to deliver the plea with or without a claim in reconvention, or an exception with or without application to strike out within […]
Replication and plea in reconvention The plaintiff answers to the defendant’s plea with a replication. It serves two purposes, i.e. to admit allegations made in the plea and to raise a special reply or affirmative reply in the nature of a confession and avoidance. If none of these two purposes […]
Special plea A special plea does not raise a defence on the merits of the case but sets up some special defence which has the objective either to – – delay the proceedings (dilatory plea); or – object to the jurisdiction of the court (declinatory plea); or […]
Plea The defendant’s plea is his answer to the plaintiff’s claim and sets out his defence on the merits of the claim. A such it is delivered in response to a declaration, a combined summons, an intendit, a provisional sentence summons or the affidavit which accompanies a writ of arrest. […]
Default judgment: Magistrates’ Court When a defendant has failed to deliver the notice of intention to defend within the time stated in the summons or before the lodgement of the request provided for in this paragraph, and has not consented to judgment, the plaintiff may lodge with the registrar or […]
Default Judgment: High Court Whenever a defendant is in default of the delivery of a notice of intention to defend or of a plea, the plaintiff may apply for judgment by default. In case of an illiquid claim (i.e. not for a debt or liquidated demand) the application is made […]
Summary judgment The plaintiff may, after the defendant has delivered a plea (in the High Court), or where the defendant has delivered notice of intention to defend (in the Magistrates’ Court), apply to court for summary judgment on each of such claims in the summons as is only- (a) […]