Notice of Motion – Short Form – Magistrates’ Court – Form 1 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 55(3)
Every ex parte application must correspond substantially with Form 1 of Annexure 1 of the Magistrates’ Court Rules.
Such application will only be considered if the court is satisfied that-
– the giving of notice to the party against whom the order is claimed would defeat the purpose of the application; or
– the degree of urgency is so great that it justifies dispensing with notice.
An order made on an ex parte basis must be of an interim nature and must call upon the party against whom it is made to appear before the court on a specified return date to show cause why the order should not be confirmed.
Any person against whom an order is granted ex parte may anticipate the return day upon delivery of not less than 24 hours notice.
A copy of any order made ex parte and of the affidavit, if any, on which it was made must be served on the respondent thereto.
The court may order the applicant or respondent or the deponent to any affidavit on which it was made to attend court for examination or cross-examination.
Any order made ex parte may be confirmed, discharged or varied by the court on cause shown by any person affected thereby and on such terms as to costs as the court may deem fit.
Ex parte applications may be heard in chambers.
To view the rule go to Department of Justice – Magistrates’ Court Rules
For more go to the South African Legal Information Institute (SAFLII)
