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Magistrates Court Civil Rules 1980 (Statutory Instrument 290 of 1980)

Statutory Instrument 290 of 1980

Magistrates Court Civil Rules 1980

SIs 290/1980, 289/1983, 15/1984, 62/1985, 61/86211/1987, 218/1992, 367/1990, 248/1993, 345/1993, 122/1994,

165/1994, 162/1995, 363/1995, 215/2004, 63/2005, Index to Orders

Order No.

  1. Application and interpretation.
  2. Messenger of the Court.
  3. Clerk of the Court.
  4. Representation of Parties.
  5. Pro Deo
  6. When leave of court required for issue of process, etc.
  7. Service of process, notices, etc.

7A.   Service of process in proceedings against State.

  1. Summons commencing action.
  2. Claims in reconvention.
  3. Appearance to defend.
  4. Judgment by consent or default.
  5. Further particulars.
  6. Payment into court.
  7. Exceptions and motions to strike out.
  8. Summary judgment.
  9. Discovery of documents.
  10. Withdrawal and dismissal.
  11. Record of proceedings.
  12. Arrests, interdicts, attachments and mandamenten van spolie.
  13. Civil imprisonment.
  14. Garnishee s.
  15. Rescission, variation or correction of judgments and orders .
  16. Costs and messenger’s fees.
  17. Periodical Courts.

SCHEDULES

First Schedule:   Forms.

Second Schedule: Tariffs of Fees—.

Table A: Tariff of legal practitioners’ fees. Table B: Tariff for the messenger of court.

Table C: Tariff of court fees.

Third Schedule: Repeals .

Fourth Schedule: Service of process upon State officers.

ARRANGEMENTOFRULES

Rule

ORDER1

APPLICATION AND INTERPRETATION

  1. Application of Orders 16 to 19.
  2. Definitions and reckoning of time and distance.

ORDER2

MESSENGER OF THE COURT

  1. Service of process through messenger.
  2. Duty of messenger and police.
  3. Return of service.

ORDER3

CLERK OF THE COURT

  1. Numbering of case by clerk of court.
  2. Issue of process and notification of plaintiff by clerk of court.
  3. Magistrate may perform clerk’s functions.
  4. Magistrate and clerk not to write documents for parties.

ORDER4

REPRESENTATION OFPARTIES

  1. Who may represent party.
  2. Proof of authority to act for party.
  3. Death or incapacity of party.
  4. Substitution of executor, etc.

ORDER5

PRO DEO APPLICANTS

  1. Application by party to sue as pauper.
  2. Investigation of application.
  3. Grant of application.
  4. Effect of order to proceed informa pauperis.

ORDER6

WHEN LEAVE OF COURT REQUIRED FOR ISSUE OFPROCESS, ETC 1. Application to proceed against President or judges.

ORDER7

SERVICE OF PROCESS, NOTICES, ETC

  1. Application of Order.
  2. Who may serve process.
  3. When process may be served.
  4. Manner of service of process.
  5. Service where person to be served prevents service or cannot be found.
  6. Service on two or more persons.

7A.   Service by registered post.

7B.   Service of process where ejectment or payment of rent is sought.

7C.   Proof of service.

7D.   Change of address for service.

7E.    Service by telegraphor facsimile.

7F.   Inspection of original of process.

  1. Substituted service.
  2. Minimum time for service of process in particular cases.
  3. [Repealed].

ORDER7A

SERVICE OFPROCESS IN PROCEEDINGS AGAINSTSTATE

  1. Application of Order.
  2. Persons upon whom notice and process to be served.
  3. Notice of intention to bring claim to be attached to process.
  4. Order not to affect jurisdiction of court.

ORDER8

SUMMONS COMMENCING ACTION

  1. Issue of summons and time to enter appearance.
  2. Contents of summons.
  3. Contents of particulars of claim.
  4. Other matters to be included in summons.
  5. Multiple or alternative claims in one summons.
  6. Actions by or against partnerships, etc.
  7. Amendment of summons.

ORDER9

CLAIMS IN RECONVENTION

  1. Application of Rules to claims in reconvention.
  2. When claim in reconvention to be made.
  3. What may be claimed in reconvention.
  4. Effect of claim in reconvention on plaintiff’s right to apply for summary or default judgment.
  5. Plaintiff’s claim and claim in reconvention may be tried separately.
  6. Defendant in reconvention may not make claim in reconvention.
  7. Claim in reconvention may be proceeded with even if plaintiff’s action withdrawn.

ORDER10

APPEARANCE TODEFEND

  1. Method of entering appearance.
  2. Late appearance effective if no application for default judgment made.
  3. Contents of memorandum of intention to defend.
  4. Entry of appearance: defendant may still except to action.

ORDER11

JUDGMENT BYCONSENTOR DEFAULT

  1. Consent to judgment and effect on costs; effect of partial consent.
  2. Application for default judgment.
  3. Judgment in default of plea.
  4. When judgment by consent or in default may be entered.

ORDER12

FURTHER PARTICULARS

  1. Supply of copies of documents and inspection of originals.
  2. Application for further particulars.
  3. Further particulars after close of pleadings.

ORDER13

PAYMENTINTO COURT

  1. Payment into court of full sum claimed.
  2. Offer in settlement.
  3. Notice of payment or offer of settlement.
  4. Payment to plaintiff of money paid into court.
  5. Effect on costs of making payment or offer .
  6. Procedure where plaintiff fails to prove that there is more due than was offered.
  7. Payment into court of sum tendered.
  8. When payment out may be made of money paid into court.
  9. Procedure where tender or payment made on claim for damages or compensation.
  10. Payment out: time limitation.

ORDER14

EXCEPTIONS AND MOTIONS TO STRIKE OUT

  1. When exception may be made.
  2. Grounds for excepting to summons.
  3. Raising of other defences.
  4. Exceptions: multiple claims.
  5. When court may uphold exception.
  6. Application to strike out claim or material in summons.
  7. When exception or motion to strike out to be heard.
  8. Effect of successful exception or motion to strike out.

ORDER15

SUMMARY JUDGMENT

  1. When application for summary judgment may be made.
  2. Procedure on application for summary judgment.
  3. Courses open to court.
  4. Use in subsequent proceedings of evidence given at application for summary judgment.
  5. Procedure where defendant partly successful.

ORDER16

PLEA

  1. When plea must be lodged; signing of plea.
  2. Contents of plea.
  3. Summons served on wrong defendant.
  4. Bare denial or general defence not admissible.
  5. Plea of tender.
  6. Allegation in plea of payment into court.
  7. Denial or admission of plaintiff’s allegations: when presumed.
  8. Defence emerging during trial.
  9. Hearing of defences which can be adjudicated on outside main case.
  10. Exception to or motion to strike out plea.
  11. When plaintiff may except to plea.
  12. When court may uphold exception to plea.
  13. Inclusion in plea of further particulars.
  14. Motion to strike out defences.
  15. Notice required to except or to move to strike out.
  16. Effect of successful exception or motion to strike out.

ORDER17

REPLY

  1. Plaintiff may reply to plea.
  2. Rules applicable to reply.
  3. Effect of failure to reply.
  4. Closure of pleadings.

ORDER18

DISCOVERY OFDOCUMENTS

  1. Application for delivery of schedule of books and documents to be used by other party.
  2. Supply of documents or copies thereof.
  3. Notice requiring other party to produce documents at trial.

ORDER19

TRIAL

  1. Pre-trial conference.
  2. Setdown of trial.
  3. Where trial to take place.
  4. Presence of witnesses at court.
  5. Facts in issue, admissions and questions of fact.
  6. Order in which evidence to be led.
  7. Filing of interrogatories

ORDER20

WITHDRAWAL AND DISMISSAL

  1. Withdrawal of summons by plaintiff.
  2. Notice of withdrawal of action or application.
  3. Application for dismissal of action.

ORDER21

RECORD OF PROCEEDINGS

  1. Minutes of record.
  2. Recording in shorthand.
  3. Correction of errors in record.

ORDER22

APPLICATIONS

  1. Notice to be given of application.
  2. Statement in response to application.
  3. Reply by applicant to respondent’s statement.
  4. Evidence at hearing of application.
  5. Orders court may make on application.
  6. When appearance to defence is deemed to have been entered.
  7. Ex parte
  8. Person substantially interested to be made respondent.
  9. Interlocutory matters may be dealt with on application.
  10. Opposed applications to be heard in open court.

ORDER23

ARRESTS, INTERDICTS, ATTACHMENTS ANDMANDAMENTEN VAN SPOLIE

  1. Method of applying for arrest, etc.
  2. Security for damages.
  3. Procedure where summons includes interdict; return day for ex parte
  4. Service of ex parte order and discharge on cause shown.
  5. Discharge on giving of security.
  6. Minutes of order.
  7. When interdict or warrant for arrest may be executed.

ORDER24

SUBPOENAS

  1. Attendance of witnesses to be secured by subpoena.
  2. Service of subpoena by messenger.
  3. Person failing to appear.

ORDER25

INTEREST

  1. Interest from date of issue of summons.
  2. Interest from date of judgment.

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