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 […]
uniform rule
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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 discovery – High Court – Uniform Rules of Court 35 Any party to any action may require any other party thereto, by notice in writing, to make discovery on oath within twenty days of all documents and tape recordings relating to any matter in question […]
Combined summons – High Court – Form 10 of the First Schedule of the Uniform Rules of Court – Uniform Rule of Court 17(2)(a) In every case where the claim is not for a debt or liquidated demand the summons shall be as near as may be in accordance with […]
Bar, Removal of bar and extension of time limits – High Court – Uniform Rules of Court 26, 27(1) and (2) Any party who fails to deliver a replication or subsequent pleading within the time stated in the court rules shall be automatically barred. If the defendant fails to deliver […]