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Notice of Motion – Long Form – High Court – Form 2(a) of the First Schedule of the Uniform Rules – Uniform Rule 6(5)

Notice of Motion – Long Form – High Court – Form 2(a) of the First Schedule of the Uniform Rules – Uniform Rule 6(5)

Every application other than one brought ex parte must be brought on notice of motion as near as may be in accordance with Form 2(a) of the First Schedule and true copies of the notice, and all annexures thereto must be served upon every party to whom notice thereof is to be given.

In the notice of motion the applicant must-
– appoint an address within 15 kilometres of the office of the registrar, at which applicant will accept notice and service of all documents in such proceedings;
– state the applicant’s postal, facsimile or electronic mail addresses where available; and
– set forth a day, not less than five days after service thereof on the respondent, on or before which such respondent is required to notify the applicant, in writing, whether respondent intends to oppose such application, and must further state that if no such notification is given the application will be set down for hearing on a stated day, not being less than 10 days after service on the said respondent of the said notice. This does not apply to applications brought under subrule 6(12) of this rule and applications brought under rule 43.

If the respondent does not, on or before the day mentioned for that purpose in such notice, notify the applicant of an intention to oppose, the applicant may place the matter on the roll for hearing by giving the registrar notice of set down before noon on the court day but one preceding the day upon which the same is to be heard.

Any person opposing the grant of an order sought in the notice of motion must-
– within the time stated in the said notice, give applicant notice, in writing, that he or she intends to oppose the application, and in such notice appoint an address within 15 kilometres of the office of the registrar, at which such person will accept notice and service of all documents, as well as such person’s postal, facsimile or electronic mail addresses where available;
– within fifteen days of notifying the applicant of his or her intention to oppose the application, deliver his or her answering affidavit, if any, together with any relevant documents; and
– if he or she intends to raise any question of law only, he or she must deliver notice of his or her intention to do so, within the time stated in the preceding subparagraph, setting forth such question.

The applicant may deliver a replying affidavit within 10 days of receiving the respondent’s answering affidavit. The court may in its discretion permit the filing of further affidavits.

If no answering affidavit, or notice to oppose the application is delivered by the respondent, the applicant may within five days of the expiry for the date thereof apply to the registrar to allocate a date for the hearing of the application.

Where an answering affidavit is delivered the applicant may apply for such allocation within five days of the delivery of a replying affidavit or, if no replying affidavit is delivered, within five days of the expiry of the period for delivery of the applicant’s replying affidavit, and where such notice is delivered, the applicant may apply for such allocation within five days after delivery of such notice.

If the applicant fails so to apply within the appropriate period aforesaid, the respondent may do so immediately upon the expiry thereof. Notice in writing of the date allocated by the registrar must be given by the applicant or respondent, as the case may be, to the opposite party within five days of notification from the registrar.

Where an application cannot properly be decided on affidavit the court may dismiss the application or make such order as it deems fit with a view to ensuring a just and expeditious decision. In particular, but without affecting the generality of the aforegoing, it may direct that oral evidence be heard on specified issues with a view to resolving any dispute of fact and to that end may order any deponent to appear personally or grant leave for such deponent or any other person to be subpoenaed to appear and be examined and cross-examined as a witness or it may refer the matter to trial with appropriate directions as to pleadings or definition of issues, or otherwise.

Notice of Motion – Long Form – High Court – Form 2(a) of the First Schedule of the Uniform Rules

To view the rule go to Department of Justice – Uniform Rules of Court

For more go to the South African Legal Information Institute (SAFLII)