All Posts in "proceeding"

Application Proceedings In Civil ProcedureThere are two forms of legal proceedings in our civil court system: actions (also recognized as ”trials) and applications (also recognized as ”motion proceedings). These guidelines do not apply to extraordinary remedies such as certiorari which are governed by Rule 71B(a) of the West Virginia Guidelines of Civil Procedure. The Amendments give for a prescriptive approach to judicial overview proceedings which really should be meticulously followed. The application need to be supported by affidavit, and set out the factors why the applicant seeks rescission of the default judgment.

Although the Code of Civil Process elaborates in which way legal proceedings have to be commenced and which formalities and guidelines of conduct ought to be followed in the course of proceedings, it does not indicate if the case need to be brought just before a court by a writ of summons or by an application. The application for the extension of time can take spot at any time in the proceedings if one party demands to extend time in order to meet some essential deadline. Exactly where a defence is on the merits, the defendant files a plea exactly where the defence is on a technicality, the defendant either files an exception or an application to strike out.

If an application is launched when a genuine dispute of fact exists on the affidavits, the court may possibly refer the matter to trial, order oral evidence to be heard on a defined problem in dispute or, particularly if the applicant must have … Read the rest >>>

Joshua Brown by — October 30, 2015 in Application Proceedings In Civil Procedure

Application Proceedings In Civil ProcedureApply to the court to grant such interim relief or remedy (e.g. an interim payment/compensation or injunction) as may be just or practical. Rules 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 cases 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 one particular celebration will pay all the charges to the other as nicely as the quantity payable and when it is to be paid. The application would be made as quickly as it is clear that it will be required to make such an application.

The administration of civil operate in the regional court is carried out by the Registrar of the Regional Court. For instance, 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 may possibly serve documents on the applicant.

Generally, thus, an ex parte application in which relief is sought against a particular person who is not before the court would be made in a scenario of urgency and any order granted would be subject to confirmation immediately after the person against whom the relief is sought has had an opportunity to … Read the rest >>>

Joshua Brown by — July 23, 2015 in Application Proceedings In Civil Procedure