Civil Procedure in the Magistrates Courts
Civil Procedure in the Magistrates' Courts is the complete guide required for civil practice in the lower courts.
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Product description
Civil Procedure in the Magistrates' Courts is the complete guide required for civil practice in the lower courts.
Civil Procedure in the Magistrates' Courts provides detailed section-by-section commentary on the Magistrates' Courts Act 32 of 1944 (as amended) and the Rules of Court. The publication is updated three times per annum ensuring currentness of content.
Available in print (looseleaf) and online format. Print includes updates for 12 months, thereafter updates are billed annually in advance. Online format must be added to a Lexis+ base package. Visit www.lexisnexis.co.za/lexisplus for more information.
Table of contents
General
Introduction
Interdicts
Special Interdicts
Finality and Appealability of Interdicts
Spoliation
Time, Condonation and Postponement
Legal Standing
Stay of Proceedings
Reviews & Proposed Rules of Procedure for Judicial Review of Administrative Action
Rules
General: Scope of Civil Procedure
Purpose and Application of Rules
Definitions
Duties and Office Hours of Registrars and Clerks of the Court in Civil Matters
Summons
Rules Relating to Pleadings Generally
Amendment of Summons
Sheriff of the Court
Service of Process, Notices and Other Documents
Edictal Citation and Substituted Service
Judgment by Consent
Judgment by Default
Notice of Intention to Defend
Summary Judgment
Provisional Sentence
Declaration
Further Particulars
Plea
Offer to Settle
Interim Payments
Exceptions and Applications to Strike Out
Claims in Reconvention
Replication and Plea in Reconvention
Close of Pleadings
Set-Down of Trial
Discovery of Documents
Medical Examinations, Inspection of Things, Expert Testimony and Tendering in Evidence any Plan, Diagram, Model or Photograph
Pre-Trial Procedure for Formulating Issues
Subpoena, Interrogatories and Commissionde bene esse
Withdrawal, Dismissal and Settlement
Intervention, Joinder and Consolidation of Actions
Trial
Record of Proceedings in Civil Matters
Adjournment & Postponement
Non-Appearance of a Party – Withdrawal and Dismissal
Costs
Fees of the Sheriff
Review of Taxation
Process in Execution
Security by judgment creditor
General Provisions Regarding Execution
Execution against a partnership
Execution Against Movable Property
Execution Against Immovable Property
Enforcement of Foreign Civil Judgments
Interpleader Claims
Enquiry into Financial Position of Judgment Debtor
Attachment of Emoluments by Emoluments Attachment Order
Attachment of a Debt by Garnishee Order
Administration Orders
Rescission and Variation of Judgments
Appeals in Civil Cases
Representation of Parties
Pro Deo Applicants
Actions by and Against Partners, a Person Carrying on Business in a Name or Style Other Than His or Her Own Name, an Unincorporated Company, Syndicate or Association
Applications
Amendment of Pleadings
Arrests Tanquam Suspectus de Fuga, Interdicts, Attachments to Secure Claims and Mandamenten van Spolie
Attachment of Property to Found or Confirm Jurisdiction
MaintenancePendente Lite, Contribution Towards Costs, Interim Custody and Access to Children
Assessors
Non-Compliance with Rules, Including Time Limits and Errors
Irregular Proceedings
Records, Entries or Documents as Evidence in Civil Matters
Security for Costs
Filing, Preparation and Inspection of Documents
Oath of Office of Interpreter
