Set-down of applications
Unopposed applications
If the Respondent does not, on or before the day mentioned for that purpose in a notice of motion, notify the Applicant of his or her 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 application is to be heard (in High Court matters), or by giving the registrar or clerk of the court notice of set down 5 days before the day upon which the application is to be heard (in Magistrates’ Court matters).
Opposed applications
Where the Respondent, after notifying the Applicant of his or her intention to oppose the application, fails or neglects to deliver an answering affidavit within the required time (15 days in High Court matters or 10 days in Magistrates’ Court matters), the Applicant may within 5 days of the expiry thereof apply to the registrar or clerk of the court to allocate a date for the hearing of the application.
Where an answering affidavit is delivered the Applicant may apply for such allocation within 5 days of the delivery of a replying affidavit or, if no replying affidavit is delivered, within 5 days of the expiry of the required 10 days for delivering of the replying affidavit.
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 or clerk of the court must be given by the Applicant or Respondent, as the case may be, to the opposite party within 5 days (in High Court matters) of notification from the registrar, or 10 days (in Magistrates’ Court matters) before the date allocated for the hearing.
For more go to Notes on application (motion) proceedings
