Practice Notes

Application Proceedings In Civil ProcedureLawyers use a number of words in describing measures or ideas as component of a lawsuit, typically assuming that they have explained their technical meaning to clients. Except in situations of urgency in the Supreme Court the notice of motion must allow the respondent at least 5 court days (14 court days if the state is the respondent) right after service upon him or her by the sheriff inside which to indicate the intention of opposing the application. The defendant is bringing the application to rescind the default judgment and wants to defend the matter. The court also has to take into account who will be paying for the price of the proceedings.

When a creditor desires to seize the home of his debtor to preserve it for recovering his claim (‘provisional attachment’), he may possibly lodge an application in court. As a rule the legal proceedings will end with the judgment of this second Court of Appeal. Most critically, Rule 59.ten of the Uniform Civil Procedure Rules 2005 now offers that proceedings for judicial evaluation of a choice need to be commenced inside 3 months of the date of the choice.

The administration of civil perform in the regional court is performed by the Registrar of the Regional Court. For example, if the applicant lives in Johannesburg and the respondent in Cape Town, the application will typically have to be brought in Cape Town and the applicant will have to appoint a Cape Town address at which the respondent might serve documents on the applicant.

Most legal proceedings relating to family members law are for that purpose application proceedings, like requests with regard to matters of divorce, legal separation, parental duty, parental access, the legal position of minors, adoption, modify of family names and the appointment of a guardian. As a rule an application can only be lodged with the District Court by a Dutch solicitor who is representing the applicant in performing so. The other parties, who are called to the legal proceedings by the District Court, need to be represented by a Dutch solicitor of their own.

Guidelines of Civil Process : These rules govern the procedure in courts of record in all actions, suits, or other judicial proceedings of a civil nature no matter whether cognizable as instances at law or in equity, with the qualifications and exceptions stated in Rule 81. As in accordance with the Civil Procedure Guidelines the court has wide powers and could decide that a single celebration will spend all the charges to the other as effectively as the amount payable and when it is to be paid. The application would be created as soon as it is clear that it will be required to make such an application.