We do not by any stretch of the imagination, consider ourselves to be experts at practice, but we did survive articles! So we can at least share with you what we learnt along the way and try to make things easier for you.
This page will be utilised to give you practical information about procedure and practice. This week deals with issuing applications in the High Court.
High Court Applications
- Applications are comprised of a Notice of Motion and Founding Affidavit (which usually contains annexures).
- Affidavits must be deposed to (signed under oath to confirm contents as being true and correct) before a Commissioner of Oaths. Both the deponent (the person in who's name the affidavit is drafted) and the Commissioner of Oaths must initial every page and sign in full in the designated space at the end of the affidavit.
- The Notice of Motion sets out the date and time of hearing of the application (you obtain these dates at the General Office in the High Court), the dates by which the Respondent must file a notice of opposition, and must be signed by an Attorney.
- Get R80 worth of revenue stamps. Stick them on before making copies (looks cooler)...
- You will need a copy for every Respondent, and one for yourself. You will eventually file the original Notice of Motion in the Court File.
- Once you have made all your copies, go to the General Office. Stand in the queue. Be very nice to the Registrars because they can ruin your life if you are rude or mean to them. (You will regret being rude when your principal needs you to issue urgent papers at 14h59 one day and you need favours from them...)
- You will then be given a case number and the matter, depending on whether you are bringing it urgently or not, will be allocated a date on the unopposed roll (until the Respondents file any opposition) and the Registrar will write this in the diary. Make sure that it is written in, penciling something in sounds cool when you are going on a date, but not when it comes to your applications!
- You must then have a letter of instruction drafted to the relevant Sheriff. Make a duplicate of the letter and get your copy stamped when you deliver your papers to the Sheriff so you can prove when you gave it to them in the event that they develop amnesia... they do, regularly.
- The Sheriff serves a copy of the Notice of Motion on the Respondent and shows them the original. He will send the original to you with his return of service (proof that he served the papers on the Respondent or someone competent to accept service). You can ask the Sheriff (also be nice to them) to send you a copy of the return sooner so that you can confirm the date of service and when the time period for filing a notice of opposition begins to run. Reporting this to your principal is impressive...
- When you receive the original papers and the return from the Sheriff, file it in the Court file straight away. The matter will not be enrolled if the original papers are not in the Court file. Take your copy too and have this stamped by the General Office so you have a record of when you filed the papers.
- Viola!
Let us know if there are particular areas you would like us to cover. We're happy to oblige.
