Application Proceedings In Civil ProcedureThe judicial technique is essentially divided into two forms of cases: civil and criminal. The Constitution of the Republic of South Africa, 1996, has played a considerable part, if not an specifically wide one, in recent changes to civil process, as in, for instance, debt collection matters, 11 access to the courts 12 and prescription, in certain with respect to litigation against the state. Exactly where they state that a particular person may well claim or demand one thing, this implies that legal proceedings ought to be commenced by a writ of summons. The most frequent type of application for rescission, nonetheless, is an application for rescission of a default judgment.

Interpleader proceedings happen when one party intervenes in execution proceedings, usually since house attached while in the possession of the other celebration belongs to him. In such a case, if the applicant is represented by an attorney, the local … Read the rest >>>

County Court Civil ProcedureSection 202.four County Court Judge Ex Parte Applications in Supreme Court Actions Applications for Settlement of Supreme Court Actions. Amendments are created to provide for a new court based process enabling those left behind when a person disappears to get a declaration from the High Court that the missing person is to be deemed to have died. A signpost is added to help users by indicating the rules contained in other components of the CPR which disapply the rules about supply of documents from court records. Rule 3.8 is amended to present that parties may well agree, in writing, to an extension of time, up to a maximum of 28 days without an application to the court. All forms are readily available in WORD, WORD – Template or Adobe Acrobat (PDF) format.

Given that the rules had been substantially amended in 2007 there has been a large amount of case … Read the rest >>>