Practice Notes
Lawyers 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 … Read the rest >>>