Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa16. Further particulars |
| (1) | Subject to subrules (2), (3) and (4) further particulars shall not be requested. |
(2)
| (a) | After the close of pleadings any party may, not less than 20 days before trial, deliver a notice requesting only such further particulars as are strictly necessary to enable him or her to prepare for trial. |
| (b) | A request contemplated in paragraph (a) shall be complied with within 10 days after receipt thereof. |
| (3) | A request for further particulars for trial and the reply thereto shall be signed by an attorney or, if a party is unrepresented, by that party. |
| (4) | If a party who has been requested in terms of this rule to furnish any particulars fails to deliver them timeously or sufficiently, the party requesting the same may apply to court for an order for their delivery or for the dismissal of the action or the striking out of the defence, whereupon the court may make such order as it deems fit. |
| (5) | A court shall at the conclusion of a trial mero motu consider whether the further particulars were strictly necessary, and shall disallow all costs of and flowing from any unnecessary request or reply, or both, and may order either party to pay the costs thereby wasted, on an attorney and client basis or otherwise. |