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. […]
magistrates' court
35 posts
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 […]
Compel – Application to compel further particulars – Magistrates’ Court – Magistrates’ Court Rules 16 After the close of pleadings any party may, not less than 20 days before trial, deliver a notice requesting only such further particulars as are strictly necessary to enable him or her to prepare for […]
Compel – Application to compel discovery – Magistrates’ Court – Magistrates’ Court Rule 23 Any party to any action may require any other party thereto, by notice in writing, to make discovery on oath within 20 days of all documents and tape, electronic, digital or other forms of recordings relating […]
Combined summons – Magistrates’ Court – Form 2B of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 5(2)(a) In every case where the claim is not for a debt or liquidated demand the summons shall be a combined summons similar to Form 2B of Annexure 1, to […]
Combined summons – Magistrates’ Court – Divorce Matters – Form 2C of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 5(2)(a) In every case where the claim is not for a debt or liquidated demand the summons shall be a combined summons similar to Form 2B of […]