The burden of proof and the right or duty to begin, 438. Women detained for immoral purposes. Costs of application for summary judgment. 250. Claims for damages: bodily injury: medical examination, 175. Particulars where claim based on mortgage bond, . The copies of the record shall be paginated from the first to the last page whether the pages contain evidence or not, and at the top of each page containing evidence the name of the witness giving such evidence shall appear. (5) In case of any doubt or dispute arising, the court shall have discretion to determine which party shall begin. (3) A judgment or order given in proceedings under this rule shall be binding on all the persons as representing whom the plaintiffs sue or, as the case may be, the defendants are sued, but shall not be enforced against any person not a party to the proceedings, except with the leave of the court. (2) A judge to whom an application for his consent in terms of this rule is made may withhold such consent or grant it on such terms, as to the payment or tender of allowances to the witness and as to the amount of such allowances, as to such judge seems fit and reasonable. Omission of exhibits and portions of documents by consent, . It shall be served on the third party and on all other parties to the action. Register of judgments ordered to be registered, . Procedure where committal to gaol ordered, . (5) Where the registrar has given notice in terms of subrule (4) to parties who have not yet held a pre-trial conference, it shall not be necessary for them to hold such a conference in terms of subrule (1). (2) The provisions of this rule shall not apply to actions for the restitution of conjugal rights, for divorce, for judicial separation or for nullity of marriage. (2) If the court is satisfied that the action is frivolous or vexatious, it may dismiss the action and enter judgment of absolution from the instance with costs. Copies of documents to be filed with pleadings, . 248. Further application for directions and costs. Execution of writ for personal attachment, . Issued by Justice Project South Africa (NPC) in the interests of public awareness Authored by Howard Dembovsky Executive Summary Next to actually going to jail, incurring a criminal record is one of the most serious things that can happen to anyone. Application for directions after pleadings closed: notice to opposite party, 153. (2) These rules shall not have effect in relation to any criminal proceedings other than proceedings to which Order 33, Order 34 or Order 45 relates. (1) Where immovable property is to be sold in execution a judgment creditor wishing to participate in the proceeds of the sale shall lodge his writ with the sheriff, and where other property is to be sold in execution he shall lodge his writ with the sheriff’s deputy. Discharge from arrest: where judgment given against defendant, . The Attorney General may file with the registrar written submissions on the application within two days of the date of service on him. [R 59(1) subs by SI of 1; am by SI’s of 9 and 25 of 3.]. Below mentioned is the sample and template format of the letter. (4) An acknowledgement of receipt of an envelope posted in terms of subrule (3), signed by the person to whom the envelope was addressed and furnished in terms of by-laws made under the Postal and Telecommunication Services Act [Chapter 12:02], shall be prima facie proof that the process contained in the envelope was served upon him. Summons Commencing Action 6. 30A, to which a copy of the plaintiff’s declaration shall be annexed, in which case the provisions of rule 272 shall not apply to such an action. except for the purpose of applying for the removal of the bar: (a) make a chamber application to remove the bar; or. (5) A provisional order issued under subrule (4) shall –, (a) be served on all interested parties and additionally, or alternatively, be published in such manner as the judge may direct; and, (b) call upon any interested party who wishes to oppose confirmation of the order to file a notice of opposition within such period as is specified in the provisional order; and, (i) the execution creditor’s claim has been satisfied; or. (3) Application for leave to effect service in terms of this rule shall be made by way of a chamber application accompanied by a draft of the summons proposed to be issued and a statement setting out concisely the matters mentioned in paragraph (a), (b) and (c) of subrule (3) of rule 44. Matrimonial matter: judge may interview parties in chambers, 276. (2) The signature and seal of the sheriff on any return of service effected under this rule shall be sufficient authentication. (2) Where a rejoinder is necessary it shall be filed within 12 days of the service of the replication which it answers. (b) the registrar of Deeds or officer charged with the registration of such property. (1) No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of any party and the court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter. Appointment of commissioner and his duties, . 6 or 7 and no affidavit of service shall be necessary. If there are multiple defendants enter each defendant on a new line. (1) No proceedings shall terminate solely as a result of the death, marriage, or other change of status of any person, unless the cause of the proceedings is thereby extinguished. (2) A plea in bar or abatement, exception, application to strike out or application for particulars shall be in the form of such part of Form No. Applications involving persons under disability or minors, 250. 14. A summon letter and a complaint letter serve different purposes. (2) Except as otherwise provided in this Order, no affidavit which has not been served with a court application shall be used in support of the application unless it is otherwise ordered by the court or a judge. (1) In any proceedings in which the performance of some act is claimed, whether alone or together with any other relief, any person who may be ordered to perform the act may at any time make a written tender to perform it, either wholly or in part. Duty of sheriff and deputy to notify party suing out process of result of service, . (1) If a party fails to make discovery under this Order or, having been served with a notice under rule , fails to give notice of a time for inspection or fails to permit inspection as required by that rule, the party desiring discovery or inspection may make a chamber application for an order compelling such discovery or inspection, and the judge may grant or refuse the order as he thinks appropriate. 1 HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . Defence, request for time. An amendment of a summons, whether before or after issue, shall, before service thereof, be initialled by the registrar, and until so initialled shall have no effect. Refusal of person to attend for examination, etc. Contents of summons. Thereafter all documents shall be regarded as court records and shall be available to the inspection of the public on payment of the prescribed search fee. An attorney upon whom an order is served or to whom notice is given under the last preceding rule who neglects, without reasonable excuse, to give notice thereof to his client, shall be liable to attachment. The hearing of legal practitioners and the calling and examination of witnesses, 439. Further ground of defence arising in course of pleading, 136. The court shall not order the imprisonment of a judgment debtor for a period exceeding three months unless the court considers that there are special circumstances which justify imprisonment for a longer period. Correction, variation and rescission of judgments and orders, . (6) When one person is a witness in more than one case heard on the same day, he shall be entitled to no more than one fee for personal attendance and one allowance for travelling expenses, which shall be equally divided between such cases. Subject to the provisions of rule 263, in a criminal trial in which leave to appeal is necessary, application for leave to appeal shall be made orally immediately after sentence has been passed. (a) require the applicant or the deponent of any affidavit or any other person who may, in his opinion, be able to assist in the resolution of the matter to appear before him in chambers or in court as may to him seem convenient and provide, on oath or otherwise as the judge may consider necessary, such further information as the judge may require; (b) require either party’s legal practitioner to appear before him to present such further argument as the judge may require. (3) If any such notice is so given, the party giving the same may require the party to whom notice is given to produce the said document in court and shall be entitled, without calling any witness, to hand in the said document, which shall be receivable in evidence to the same extent as if it had been produced in evidence by the party to whom notice is given. Every action shall be commenced by a summons addressed to the defendant and signed by the registrar who issues it. If a person who has made an offer or tender that has been accepted in terms of rule fails to pay or perform in accordance with the offer or tender within 10 days of such acceptance, or within such later period as may be specified in the offer or tender, the person who accepted the offer or tender may make a chamber application, on not less than 10 days’ notice, for judgment in accordance with the offer or tender as well as for the costs of the application. 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