Urgent application – Magistrates’ Court – Magistrates’ Court Rule 55(5)(a) In urgent applications the court may dispense with the forms and service provided for in the Magistrates’ Court Rules and may dispose of such matter at such time and place and in such manner and in accordance with such procedure, […]
magistrates' court rule
26 posts
Irregular proceedings – Magistrates’ Court – Magistrates’ Court Rule 60A When a party to a cause takes an irregular step, other party or parties may apply to court to set it aside. Such application must be brought on notice to all parties specifying particulars of the irregularity or impropriety alleged. […]
Interpleader – Magistrates’ Court – Magistrates’ Court Rule 44 Where any person (‘the applicant’), alleges that he is under any liability in respect of which he is or expects to be sued by two or more parties making adverse claims (‘the claimants’), in respect thereto, the applicant may deliver a […]
Interim relief in matrimonial matters – Magistrates’ Court – Magistrates’ Court Rule 58 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 to […]
Exception and application to strike out – Magistrates’ Court – Magistrates’ Court Rule 19 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 thereto. […]
Edictal citation and substituted service – Magistrates’ Court – Form 4 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 10 Any process or document whereby proceedings are instituted shall be served outside the Republic only by leave of the court. The person desiring to obtain leave […]
Discovery affidavit – Magistrates’ Court – Form 13 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 23(2)(a) A party required to make discovery in terms of Rule 23(1) shall within 20 days or within the time stated in any order of a magistrate make discovery of […]
Default judgment – Magistrates’ Court – Form 5 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rules 12 When a defendant has failed to deliver the notice of intention to defend within the time stated in the summons or before the lodgement of the request provided for […]
Consolidation of actions – Magistrate’s Court – Magistrates’ Court Rule 28(3) A plaintiff may join several causes of action in the same action and the court may at the conclusion of the proceedings make such order as to costs as it deems fit. Consolidation of actions – Magistrate’s Court – […]
Condonation of non-compliance with the Rules – Magistrates’ Court – Magistrates’ Court Rule 60(9) The court may, on good cause shown, condone non-compliance with the Magistrates’ Court Rules. Condonation of non-compliance with the Rules – Magistrates’ Court – Magistrates’ Court Rule 60(9) To view the rule go to Department of […]