Urgent Applications
So the fit has hit the shan somewhere and someone needs something done pronto! If you don't know what this translates into yet, you have sadly missed out on the joy that is the urgent application!
Urgent Applications are brought on Notice (unless ex parte) and are so brought without observing the normal time periods set out in Rule 6 of the High Court Rules.
Here's the basics on how to get one on the roll:
- This is an application so requires a Notice of Motion and Founding Affidavit.
- Counsel will draft the papers and you will do what you normally do with Applications and compile the affidavit with the annexures and get your client to depose to it.
- Remember to obtain a Certificate of Urgency from counsel, which is pretty much counsel vouching for the fact that the application must be brought urgently.
- If you are lucky enough to have all this done in normal office hours , you will then issue the papers at Court in the same manner as you normally would.
- If not, you must contact the Duty Registrar (always get their cell phone numbers from the general office and keep handy) and arrange for them to be at Court when you go down there with your papers. You should probably brace yourself for some ranting from the Registrar...
- Make sure you have your certificate of urgency, in the NPD your application will not be issued without it.
- The papers must then be served on the Respondent (personally) by the Sheriff unless you have obtained confirmation from its/his/her attorneys that they are authorised to accept service.
- You will be doing all this with very little time, usually one or two days notice to the other side so make sure you work fast and remember to instruct the sheriff to serve urgently.
- Depending on how much time the other side is being allowed, you may receive the further affidavits before the application is heard.
- If not, the application is usually adjourned in the day it is in Court so that the other side can file an Answering Affidavit and the Applicant can Reply.
- A Rule Nisi is usually granted (that's nee-see, don't be a nerd and say anything else). This is the interim relief that the Applicant asks to be ordered to protect it during the time it takes for the Court to finally hear the matter.
- This is generally granted but the other side, depending on what kind of interim relief is being asked for, may oppose. But this is counsel's problem, and..well, your client's...
- What you must do, if the application is opposed as envisaged above, is ensure that before the file goes up to the judge (if you have the time) that the papers are indexed and paginated. If you don't have enough time, buy an Aero, call the judge's secretary and beg her to let you index the papers in the judge's chambers before Motion Court starts...
- It's not always possible to predict what will happen in Urgent Applications, so keep your wits about you and if you have any questions, feel free to drop us a mail!
