· In this Schedule "the Rules" means the Rules Regulating the Conduct of the Proceedings of the Magistrates' Courts of South Africa published under Government Notice No. R. 740 of 23 August 2010, as amended by Government Notice No. R. 1222 of 24 December 2010.
STAATSKOERANT, 29 JULIE 2011 No.34479 15 kilometres of the court house, the attorney's postal address, and, where available the attorney's facsimilie address and electronic mail address: Provided that the State Attorney may appoint the office of the registrar or clerk of the civil court as its address for service.
If no attorney is acting for the plaintiff, the summons shall be signed by the plaintiff, who shall in addition append a physical address.1 which address shall. in places where there are three or more attorneys or firms of attorneys practising independently of one another. be within 15 kilometres of the courthouse at which plaintiff will accept service of all subsequent documents and notices in the suit, the plaintiff's postal address and, where available, plaintiff's facsimile address and electronic mail address.
After subparagraph (i) or (ii) has been complied with, the summons shall be signed and issued by the registrar or clerk of the court and shall bear the date of issue by the registrar or clerk as well as the case number allocated thereto.
The plaintiff may indicate in a summons whether the plaintiff is prepared to accept service of all subsequent documents and notices in the suit through any manner other than the physical address or postal address and, if so, shall state such preferred manner of service.
If an action is defended the defendant may, at the written request of the plaintiff, deliver a consent in writing to the exchange or service by both parties of subsequent documents and notices in the suit by way of facsimile or electronic mail.
If the defendant refuses or fails to deliver the consent in writing as provided for in paragraph (c), the court may, on application by the plaintiff, grant such consent, on such terms as to costs and otherwise as may be just and appropriate in the circumstances.
(3) (a) When a defendant delivers notice of intention to defend, the defendant shall therein give his or her full physical residential or business address, postal address and where available, facsimile address and electronic mail address, and shall also indicate and select therein the preferred address for service on the defendant thereat of all documents in such action, and service thereof at the address so given shall be valid and effectual, except where by any order or practice of the court personal service is required: Provided that the physical address given by the defendant in the notice of intention to defend shall~ in places where there are three or more attorneys or firms of attorneys practising independently of one another, be an address situated within 15 kilometres of the courthouse.
The defendant shall indicate in the notice of intention to defend whether the defendant is prepared to accept service of all subsequent documents and notices in the suit through any manner other than the physical address or postal address and, if so, shall state such preferred manner of service.
The plaintiff may, at the written request of the defendant, deliver a consent in writing to the exchange or service by both parties of subsequent documents and notices in the suit by way of facsimile or electronic mail.
If the plaintiff refuses or fails to deliver the consent in writing as provided for in paragraph (c), the court may, on application by defendant, grant such consent, on such terms as to costs and otherwise as may be just and appropriate in the circumstances.
(1) (a) Every application shall be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief.
The notice of motion must be addressed to the party or parties against whom relief is claimed and to the registrar or clerk of the court.
Where it is necessary or proper to give any person notice of an application, the notice of motion must also be addressed to such person and served on such person.
The notice of motion in every application other than one brought ex parte shall be similar to Form 1A of Annexure 1 and copies of the notice, and all annexures thereto, shall be served upon every party to whom notice thereof is to be given.
(i} Where no answering affidavit, or notice in terms of paragraph (g}(iii), is delivered within the period referred to in paragraph (g}(ii) the applicant may within 5 days of the expiry thereof apply to the registrar or clerk of the court to allocate a date for the hearing of the application.
and where such notice is delivered the applicant may apply for such allocation within 5 days after delivery of such notice.
upon the expiry thereof.
The court may in particular, but without affecting the generality of subparagraph (i) direct that oral evidence be heard on specified issues with a view to resolving any dispute of fact and to that end may order any deponent to appear personally or grant leave for that person or any other person to be subpoenaed to appear and be examined and cross-examined as a witness or it may refer the matter to trial with appropriate directions as to pleadings or definition of issues, or otherwise.
Application to the court for an order of [arrest tanquam suspectus de fuga,] an interdict or attachment or for a mandament van spolie shall be made in terms of rule 55.
Every application referred to in sub rule (1) shall be accompanied by an affidavit stating the facts upon which the application is made and the nature of the order applied for.
STAATSKOERANT, 29 JULIE 2011 No.34479 damages which may be caused by such order and may require such additional evidence as it may think fit.
[(4) An order made ex parte for the arrest tanquam suspectus de fuga of a person shall call upon the respondent to show cause against it at a time stated in the order, which shall be the first court day after service.
[(5) The return day of an order made ex parte for arrest tanquam suspectus de fuga may be anticipated by the respondent upon 12 hours' notice to the applicant.