Interim relief in matrimonial matters – High Court – Uniform Rule of Court 43 This rule applies whenever a spouse seeks relief from the court in respect of one or more of the following matters:(a) Maintenance pendente lite;(b) A contribution towards the costs of a matrimonial action, pending or about […]
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Financial Disclosure Form – Interim relief in matrimonial and divorce matters The Financial Disclosure Form (“FDF”) is becoming obligatory in interim relief matters as per the Practice Directives of the different Divisions of the High Court. Financial Disclosure Form – Interim relief in matrimonial and divorce matters To view the […]
Exception and application to strike out – High Court – Uniform Rule of Court 23 If a pleading is vague and embarrassing, or lacks averments which are necessary to sustain an action or defence, the opposing party may, within the period allowed for filing any subsequent pleading, deliver an exception […]
Edictal citation – High Court – Uniform Rule of Court 5 When the defendant is believed to be out of the Republic of South Africa and the process or documents instituting proceedings must be served outside the borders of the Republic, leave to sue by way of Edictal Citation is […]
Discovery affidavit – High Court – Form 11 of the First Schedule of the Uniform Rules – Uniform Rule of Court 35(2) The party required to make discovery in terms of Uniform Rule 35(10 shall within twenty days or within the time stated in any order of a judge make […]
Default judgment – High Court – Uniform Rule of Court 31 Whenever a defendant is in default of the delivery of a notice of intention to defend or of a plea, the plaintiff may apply for judgment by default. In case of an illiquid claim (i.e. not for a debt […]
Curators – Appointment of curators – Uniform Rule of Court 57 Any person who wants to make an application to the court for an order declaring another person (hereinafter referred to as ‘the patient’) to be of unsound mind and as such incapable of managing his / her own affairs, […]
Consolidation of actions – High Court – Uniform Rule of Court 11 Where separate actions have been instituted and it appears to the court convenient to do so, it may upon the application of any party thereto and after notice to all interested parties, make an order consolidating such actions. […]
Condonation of non-compliance with the Rules – High Court – Uniform Rule of Court 27(3) The court may, on good cause shown, condone any non-compliance with the Uniform Rules. Condonation of non-compliance with the Rules – High Court – Uniform Rule of Court 27(3) To view the rule go to […]
Compel – Application to compel further particulars – High Court – Uniform Rules of Court 21(2) & (4) After the close of pleadings any party may, not less than twenty days before trial, deliver a notice requesting only such further particulars as are strictly necessary to enable him to prepare […]