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Summary judgment – Magistrates’ Court – Magistrates’ Court Rule 14. ... Form 5 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rules 12 When […] Published 2nd July 2020. Summons. Summons Action proceedings, also known as actions or trials, are initiated by way of summons. Summons is a form of process sued […]

Rule 14 of the Magistrates’ Court Rules, prior to the amendment, was not substantially distinct in formulation from r 32 of the High Court Rules. Accordingly, most High Court decisions on r 32 find application in the Magistrates’ Court. However, as will be seen below, the amendments to r 14 in Magistrates’ Courts significantly depart from ...

Order of evidence and speeches: complaint. 14. —(1) On the hearing of a complaint, except where the court determines under section 53(3) of the Act of 1980 to make the order with the consent of the defendant without hearing evidence, the complainant shall call his evidence, and before doing so may address the court.

Amendment of rule 14 2. Rule 14 of the Rules is hereby amended by substitution for sub-rules (1) and (2) of the following sub-rules: "(1) Where the defendant has [delivered] served notice of intention to defend, the plaintiff may apply to court for summary judgment on each of such claims in the

(A) The term "local rules" will no longer be used in the context of the Uniform Magistrate Court Rules. (B) Each magistrate court by action of its chief magistrate, from time to time, may propose to make and amend rules which deviate from the Uniform Magistrate Court Rules, provided such proposals are not inconsistent with general laws, these ...

Amendment of rule 14 of the Rules 9. Rule 14 of the Rules is hereby amended by the substitution for sub-rule (2) of the following sub-rule: "(2) La) The plaintiff shall within 15 days after the date of delivery of notice of intention to defend, deliver notice of application for summary judgment, together STAATSKOERANT, 27 JUNIE 2014 No. 37769 5

The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), read with section 9(6)(a) of the Jurisdiction of Regional Courts Amendment Act, 2008 (Act 31 of 2008), with the approval of the Minister for Justice and Constitutional Development, made the rules in the Schedule.

from a list referred to in rule 14(2), to mediate a dispute between the parties; ‘Minister’ means the Minister for Justice and Constitutional Development; ‘potential litigation’ means litigation which may arise out of a dispute; ‘rules of court’ mean the rules of court applicable to the Magistrates’ Courts ;

RULES OF COURT GNR.1108 of 21 June 1968: Rules of Court The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985 ), with the approval of the Minister of Justice, made the rules in the Schedule. In this Schedule “the Rules” means the rules published under Government Notice No.

Rule 32 of the Uniform Rules of Court and Rule 14 of the Magistrates Court Rules regulate the conduct of proceedings relating to Summary Judgment applications. In law, a summary judgment application is a judgment entered in to by a Court against a party summarily, without the matter having proceeded to a full trial. The aforementioned judgment may be issued on the merits of an entire case.

Rule 14 of the Magistrates’ Court Rules, prior to the amendment, was not substantially distinct in formulation from r 32 of the High Court Rules. Accordingly, most High Court decisions on r 32 find application in the Magistrates’ Court. However, as will be seen below, the amendments to r 14 in Magistrates’ Courts significantly depart from ...

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Notice of adjudication on complaint for enforcement of magistrates' court maintenance order, etc. 62. Particulars relating to payment of lump sum under magistrates' court maintenance order, etc. to be entered in register. 63. Notice of date of reception in custody and discharge. 64.

Sub rules 14(10) and 14(10)(a) substituted in terms of Government Gazette 43000 | Government Notice No. R 107 | 7 February 2020 | pages 15 – 21 | Effective date: 9 March 2020. ... discloses an offer or tender in terms of this rule to the magistrate or the court shall be liable to have costs given against him or her even if he or she is ...

(A) The term "local rules" will no longer be used in the context of the Uniform Magistrate Court Rules. (B) Each magistrate court by action of its chief magistrate, from time to time, may propose to make and amend rules which deviate from the Uniform Magistrate Court Rules, provided such proposals are not inconsistent with general laws, these ...

Magistrate Court Rules with Commentary source: jones and buckle the civil practice of the courts in south africa (volume and with the conduct of the proceedings ... 14 Summary judgment 14. 14A Provisional sentence 14A. 15 Declaration 15. RS 23, 2020 Rulep ... are to be construed in the same way as any other legislative enactment. A rule of the ...

Magistrate's Courts Act: Rules regulating the conduct of proceedings of magistrates' courts of South Africa: Amendment

Messengers of the court. Magistrates’ courts Act - Section 14. ... “ judgment ”, in civil cases, includes a decree, a rule and an order; ... “ the rules ” means the rules referred to in section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985); ...

Rules Board for Courts of Law Act: Rules: Conduct of proceedings of Magistrate’s Courts of South Africa: Amendment of rule 14, rule 60, Form 8 of Annexure 1, GG 38694, ... Magistrates' Court Act (32/1944): Translation of Magistrates Court Rules into isiXhosa - GG 34091, Notice 206, 15 Mar 2011;