Compel – Application to compel further particulars – Magistrates’ Court – Magistrates’ Court Rules 16
After the close of pleadings any party may, not less than 20 days before trial, deliver a notice requesting only such further particulars as are strictly necessary to enable him or her to prepare for trial.
Such request contemplated shall be complied with within 10 days after receipt thereof and it shall be signed by an attorney or, if a party is unrepresented, by that party.
If a party who has been requested in terms of this rule to furnish any particulars fails to deliver them timeously or sufficiently, the party requesting the same may apply to the court for an order for their delivery or for the dismissal of the action or the striking out of the defence, whereupon the court may make such order as it deems fit.
To view the rule go to Department of Justice – Magistrates’ Court Rules
For more go to the South African Legal Information Institute (SAFLII)
