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 such documents on affidavit similar to Form 13 of Annexure 1 of the Magistrates’ Court Rules, specifying separately-
(i) such documents and tape, electronic, digital or other forms of recordings in his or her possession or that of his or her agent other than the documents and tape recordings mentioned in paragraph (b);
(ii) such documents and tape, electronic, digital or other forms of recordings in respect of which he or she has a valid objection to produce; and
(iii) such documents and tape, electronic, digital or other forms of recordings which he or she or his or her agent had but no longer has in his or her possession at the date of the affidavit.
A document shall be deemed to be sufficiently specified if it is described as being one of a bundle of documents of a specified nature, which have been initialled and consecutively numbered by the deponent.
Statements of witnesses taken for purposes of the proceedings, communications between attorney and client and between attorney and advocate, pleadings, affidavits and notices in the action shall be omitted from the schedules.
To view the rule go to Department of Justice – Magistrates’ Court Rules
For more go to the South African Legal Information Institute (SAFLII)
