Rules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa

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Notice No. R. 740 of 2010

1. Purpose and application of rules

3. Duties and office hours of registrars and clerks

4. Applications in terms of sections 57 and 58 of the Act

6. Rules relating to pleadings generally

7. Amendment of summons

8. Sheriff of the court

9. Service of process, notices and other documents

10. Edictal citation and substituted service

11. Judgment by consent

12. Judgment by default

13. Notice of intention to defend

14. Summary judgment

14A. Provisional sentence

15. Declaration

16. Further particulars

18. Offer to settle

18A. Interim payments

19. Exceptions and applications to strike out

20. Claims in reconvention

21. Replication and plea in reconvention

21A. Close of pleadings

22. Set-down of trial

23. Discovery of documents

24. Medical examinations, inspection of things, expert testimony and tendering in evidence any plan, diagram, model or photograph

25. Pre-trial procedure for formulating issues

26. Subpoena, interrogatories and committee de bene esse

27. Withdrawal, dismissal and settlement

28. Intervention, joinder and consolidation of actions

28A. Third party procedure

30. Record of proceedings in civil matters

31. Adjournment and postponement

32. Non-appearance of a party - withdrawal and dismissal

34. Fees of the sheriff

35. Review of taxation

36. Process in execution

37. Second or further warrants

38. Security by judgment creditor

39. General provisions regarding execution

40. Execution against a partnership

41. Execution against movable property

42. Execution against movable property (continued)

43. Execution against immovable property

43A. Enforcement of foreign civil judgments

44. Interpleader claims

45. Enquiry into financial position of judgment debtor

46. Attachment of emoluments

47. Attachment of a debt by garnishee order

48. Administration orders

49. Rescission and variation of judgments

50. Appeals and transfer of actions to magistrate's courts

51. Appeals in civil cases

52. Representation of parties

53. Pro Deo applicants

54. Actions by and against partners

55. Applications

55A. Amendment of pleadings

56. Arrests tanquam suspectus de fuga

57. Attachment of property to found or confirm jurisdiction

58. Maintenance pendente lite

60. Non-compliance with rules, including time limits and errors

60A. Irregular proceedings

61. Records, entries or documents as evidence in civil matters

62. Security for costs

63. Filing, preparation and inspection of documents

64. Procedure for securing the attendance of witnesses in criminal cases

65. Criminal record book

66. Records of criminal cases

67. Criminal appeals

68. Oath of office of interpreter

69. Repeal of rules and transitional provisions

70. Short title and commencement

Annexure 1 : Forms

Form 1 : Notice of Motion (Short Form)

Form 1A : Notice of Motion (Long Form)

Form 2 : Summons

Form 2A : Provisional Sentence

Form 2B : Combined Summons

Form 3 : Summons commencing action

Form 4 : Edictal citation/substituted service :

Form 5 : Request for default judgment

Form 5A : Request for Judgment

Form 5B : Request for Judgment

Form 6 : Notice of Withdrawal

Form 7 : Notice of Application for Summary Judgment

Form 8 : Affidavit in support of Application for Summary Judgment

Form 9 : Affidavit under Section 32 of the Act

Form 10 : Security under Section 32 of the Act

Form 11 : Order under Section 32 of the Act

Form 12 : Consent to sale of goods attached under Section 32 of the Act

Form 13 : Discovery - form of Affidavit

Form 14 : Notice in terms of Rule 23(5)

Form 15 : Discovery - Notice to Produce

Form 15A : Discovery - Notice to Inspect Documents

Form 15B : Discovery - Notice to Produce Documents in Pleadings, etc

Form 16 : Order for Interdict Obtained ex parte

Form 17 : Order for Arrest of Person suspectus de fuga

Form 18 : Order for Attachment of Property

Form 19 : Direction to Attend Pre-Trial Conference

Form 20 : Order - Pre-Trial Conference

Form 21 : Application for Trial with Assessors

Form 22 : Summons to Assessor

Form 23 : Commissions de bene esse

Form 24 : Subpoena

Form 25 : Warrant for Payment of Fine

Form 26 : Warrant for the Arrest of a Witness in Default

Form 27 : Security on Arrest, Attachment or Interdict ex parte

Form 28 : Security when Execution is Stayed Pending Appeal

Form 29 : Security when Execution is Allowed Pending Appeal

Form 30 : Warrant of Ejectment

Form 31 : Warrant for Delivery of Goods

Form 32 : Warrant for Execution Against Property

Form 33 : Notice of Attachment in Execution

Form 34 : Notice to Preferent Creditor

Form 35 : Interpleader Summons

Form 36 : Interpleader Summons

Form 37 : Security under Rule 38

Form 38 : Emoluments Attachment Order -

Form 39 : Garnishee Order - Section 72 of the Magistrates' Court Act 1944 (Act 32 of 1944)

Form 40 : Notice to Appear in court

Form 40A : Warrant of Arrest in terms of section 65A(6) of the Magistrates' Court Act, 1944 (Act No. 32 of 1944)

Form 40B : Notice to Appear in Court

Form 41 : Notice of Set-down of Postponed Proceedings

Form 42 : Notice in terms of Rule 58(2)(a)

Form 43 : Notice to Third Party

Form 44 : Application for an Administration Order -

Form 45 : Statement of Affairs of Debtor

Form 46 : Certificate of Service of Foreign Process

Form 47 : Notice to Debtor that an Additional Creditor

Form 48 : Notice to Debtor that a Creditor

Form 49 : Notice to add an Additional Creditor

Form 50 : Notice to Creditor that his or her name has been added

Form 51 : Administration Order -

Form 52 : Distribution Account

Form 52A : Rescission of Administration Order -

Form 53 : Notice of Abandonment of Specified Claim, Exception or Defence

Form 54 : Agreement Not to Appeal

Form 55 : Request to Inspect Record

Form 56 : Criminal Record Book

Form 57 : Notice in terms of Section 309B(2)(d)

Annexure 2 : Scale of Costs and Fees

Table A : Costs

Part I : General Provisions

Part II : Undefended Actions

Part III : Defended Actions (and Interpleader Proceedings)

Part IV : Other Matters

Table B : Costs

Part I : General Provisions

Part II : General Provisions

Part III : General Provisions

Table C : General Provisions and Tariff of Fees (Sheriffs)

Part I : Sheriffs who are Officers of the Public Service

Part II : Sheriffs who are not Officers of the Public Service

Table D : Fees to Assessors

Appendix A : Tariff of Allowances Payable