IN THE MAGISTRATES COURT FOR THE DISTRICT OF JOHANNESBURG HELD AT JOHANNESBURG CASE NO: 6003/5103 In the matter between: Mr A PLAINTIFF and MR B DEFENDANT The defendant pleads as follows to the Plaintiff’s summons and particulars of claim 1. AD SPECIAL PLEA: PLEA IN ABATEMENT KINDLY TAKE NOTICE that Defendant pleads that the debt for which summons was sued out is prescribed in terms of ...
When facing criminal charges, defendants often have various plea options that can significantly impact the outcome of their case. While many people are familiar with the standard guilty and not guilty pleas, special pleas provide alternative legal strategies that can protect a defendant’s rights and future. These specialized pleas may help preserve the right to appeal, mitigate sentencing ...
A special plea in bar is a type of legal defense that seeks to completely and permanently defeat the plaintiff's or prosecutor's action. It is different from a general plea in bar, which is a criminal defendant's plea of not guilty that denies every fact and circumstance necessary to be convicted of the crime charged. ... Examples of special ...
Defenses formerly raised by special plea are now raised by a motion to dismiss. Conditional pleas are ones where the defendant pleads guilty to an offense but specifically reserves the right to appeal certain aspects of the charges. For example, a defendant may reserve the right to appeal that evidence was illegally obtained.
Examples of special pleas. ... Special plea of arbitration. Some agreements make it a requirement that parties have to go through arbitration before litigation in a court of law is instituted. In ...
A special plea is a type of plea made by an accused person in response to a criminal charge. It is a formal response of "guilty," "not guilty," or "no contest." Examples of other types of pleas include: Guilty plea: an admission of having committed the charged offense; Not-guilty plea: a formal denial of having committed the charged offense
1. AD SPECIAL PLEA: PLEA IN ABATEMENT KINDLY TAKE NOTICE that Defendant pleads that the debt for which summons was sued out is prescribed in terms of section 11(d) of the Prescription Act 68 of 1969 and further that the Defendant has claimed extinctive prescription from the Plaintiff
involves a special plea of prescription in a delictual action. The question which, therefore, has to be determined by this Court is the precise date on which the period of prescription in respect of the plaintiff’s claim began running. (B) THE EVIDENCE [11] Counsel for the plaintiff, Mr B P Geach SC, handed up the following
Drafting a Special Plea. When drafting a special plea, it is crucial to clearly state the grounds on which the plea is based and provide supporting legal arguments. The plea should be filed with the court and served on the opposing party. It should include a concise statement of the defense and any relevant legal authorities.
Examples of Special Plea in South Africa. There have been several notable cases in South Africa where special pleas have been used to resolve complex criminal cases. One such example is the case of the “State vs. Mdlalose,” where the defendant pleaded guilty to a lesser offense after being charged with murder. The defendant claimed that he ...
Special Plea General Examples of Special pleas: o Prescription o Arbitration/mediation o Jurisdiction o Misjoinder, non-joinder o Res judicata o lis pendens o Locus standi in iudicio The effect of a special plea may be: o To dispose of the claim (plea in abatement, declinatory plea; or o To delay the matter (dilatory plea) A special plea ...
Example of a special plea of arbitration. Course. Law of Civil Procedure (51543) 213 Documents. Students shared 213 documents in this course. University. Universiteit Stellenbosch. Academic year: 2021/2022. Uploaded by: Anonymous Student. This document has been uploaded by a student, just like you, who decided to remain anonymous.
**DEFENDANT’S SPECIAL PLEA** KINDLY TAKE NOTICE that Defendant pleads that the above Honourable Court has no jurisdiction in respect of the person of the Defendant in terms of Section 28 of Act 32 of 1944 as: a.) The Defendant does not work or reside or carry on business within the area of jurisdiction of the above Honourable Court b.)
DEFENDANT'S SPECIAL PLEA i Plaintiffs cause of action is based upon the actions of a member of the South African Defence Force, who is alleged to have acted | within the course and scope of his employment with the Defendant. i 2 The said member consequently at all relevant times acted in I pursuance of the provisions of the Defence Act, Act No ...
Special Plea - Definition, Usage, and Legal Context Definition. A special plea is a legal defense strategy, where a defendant introduces new evidence or argumentation separate from the general pleadings. In the legal context, it refers to a defense that goes beyond denying the allegations by bringing in outside facts or extenuating circumstances intended to negate or reduce liability.
Find attached 5 documents, a FAQ doc, an example of a prescription claim letter, an example of a summons, an example of a special plea for prescription; and an affidavit(to prove that you’ve claimed prescription). In all cases modify these documents to cater for your individual case and details etc; 3.
Distinguishing between a special plea and an exception (ch 14): - A special plea raises issues which are not apparent ex facie the plaintiff’s particulars of claim or declaration. - A special plea will need to be established by the introduction of evidence. - The need to introduce evidence is what distinguishes a special plea from an exception.
In this informative video, we break down the complex process of drafting a special plea as explained in the Uniform Rules of Court, making it easier for you ...
