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 […]
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Answering and Replying affidavits Answering affidavit The Respondent has the right to answer the allegations in the Applicant’s founding affidavit. This is done by way of the Respondent’s answering affidavit (aka opposing affidavit) that is made by the Respondent personally, or duly authorised person if the Respondent is not a […]
Opposition to applications Ex parte applications In High Court matters, any person having an interest that may be affected by a decision on an application being brought ex parte, may deliver notice of an application for leave to oppose, supported by an affidavit setting forth the nature of such […]
Filing of applications Once the notice of motion and founding affidavit have been drawn up and duly signed and attested, the application must be filed with the registrar or clerk of the court. The application must be accepted by the registrar or clerk of the court and it is for […]
Notice of motion The notice of motion must be addressed to – the person/s against whom relief is claimed, and any person/s whom it is necessary to give notice of the application, and the registrar / clerk of the court. In High Court matters the notice of motion must be […]