PRACTICE MANUAL - Johannesburg Bar

1 PRACTICE MANUAL gauteng Local Division: Johannesburg October 2018 i PRACTICE MANUAL of the gauteng Local Division of the high court of South Africa PRACTICE MANUAL gauteng Local Division: Johannesburg October 2018 ii Towards this revised PRACTICE MANUAL , my office acknowledges the contribution of: (i) my predecessors, for the initial PRACTICE MANUAL ; (ii) Boruchowitz J, for the initial draft of the revised MANUAL ; (iii) all Judges of the gauteng Local Division of the high court of South Africa for their comments and inputs; (iv) the Johannesburg Bar, the National Forum of Advocates and the Johannesburg Attorneys Association for their critical comments.

2 ; and (v) the Acting Chief Registrar, Registrar s Clerks and Ms Nolene Walkinshaw for their assistance and inputs towards the latest amendments. It is thanks to the inclusive contributions of all involved that this PRACTICE MANUAL is now available in the form in which it is. _____ D MLAMBO JUDGE PRESIDENT gauteng LOCAL DIVISION OF THE high court OF SOUTH AFRICA October 2018 PRACTITIONERS AND MEMBERS OF THE PUBLIC SHOULD TAKE NOTE OF THE FOLLWING IN REGARD TO THE FILING OF DOCUMENTS:- REQUEST FOR court FILES BY MEMBERS OF THE PUBLIC: A REQUEST FORM FOR MOTION AND CIVIL TRIAL FILES MUST BE COMPLETED IN OFFICE 008 OFFICE 018 PROVISIONAL DATES FOR court FILES OFFICE 005 CIVIL TRIAL court FILES ALLOCATED TRIAL DATES OFFICE 014 OPPOSED MOTION court FILES OFFICE 002 URGENT court FILES OFFICE 004 UNOPPOSED MOTION court FILES OFFICE 020 FILES ALLOCATED DATES FOR UNOPPOSED MOTION OFFICE 128 FILES ALLOCATED DATES FOR JUDICIAL PRE TRIAL AND FILES FROM JUDICIAL PRE TRIAL court OFFICE 138 CIVIL APPEALS.

3 EDICTAL CITATION AND SERVICE OF PROCESS OFFICE 142 CRIMINAL APPEALS FROM MAGISTRATE COURTS OFFICE 144 CRIMINAL TRIALS FROM THE YEAR 2014 TO 2017 OFFICE 001 ADMISSION OF ADVOCATES, RULE 39(22) AND 46 ARCHIVES 10TH FLOOR court FILES ISSUED FROM 2011 TO 2016 10TH FLOOR RULE 31(5) DEFAULT JUDGEMENTS THE ISSUING OF A WRIT OF EXECUTION IS NO LONGER GRANTRED THE SAME DAY THE APPLICATION IS MADE. IT MUST BE RECORDED IN THE REGISTER BOOK IN OFFICE 008 AND BE COLLECTED THE FOLLOWING DAY. WHILST REGISTRARS HAVE BEEN REQUESTED TO CHECK THAT DOCUMENTS ARE FILED IN THE CORRECT OFFICE, THIS REMAINS THE RESPONSIBILITY OF THE PARTIES AND/OR THEIR LEGAL REPRESENTATIVES.

4 PRACTICE MANUAL gauteng Local Division: Johannesburg October 2018 iii CHAPTER 1 APPLICATION OF THE PRACTICE MANUAL .. 1 CHAPTER 2 court TERMS .. 2 CHAPTER 3 court RECESS .. 3 CHAPTER 4 COUNSEL S 4 CHAPTER 5 court SITTINGS .. 5 CHAPTER 6 CIVIL TRIALS .. 6 ALLOCATION OF CIVIL TRIALS .. 7 BUNDLES OF DOCUMENTS .. 8 APPLICATION FOR CASE MANAGEMENT .. 9 CLOSURE OF THE TRIAL ROLL .. 11 EXPERT WITNESSES .. 12 GENERAL .. 13 HEARING DURATION .. 14 A trial is designated of long duration if it is anticipated that it will last more than five (5) days.. 14 PAGINATION, INDEXING, BINDING AND GENERAL PREPARATION OF PAPERS.

5 15 PART-HEARD TRIALS .. 16 PRACTICE NOTE FOR TRIALS .. 18 PREFERENTIAL TRIAL DATE .. 19 PRE-TRIAL CONFERENCE .. 20 ROLL CALL .. 22 SETTLEMENT AGREEMENTS AND DRAFT ORDERS .. 23 CASE MANAGEMENT .. 24 ENROLMENT OF MATTERS STRUCK FROM THE ROLL .. 29 CHAPTER 7 CIVIL APPEALS NEW PROCEDURE .. 30 7A URGENT APPEALS .. 33 CHAPTER 8 CRIMINAL MATTERS .. 34 PETITIONS FROM THE LOWER court .. 35 APPEALS .. 36 AUTOMATIC AND SPECIAL REVIEWS .. 37 BAIL APPEALS .. 38 REVIEWS .. 39 TRIALS .. 40 APPOINTMENT OF ASSESSORS .. 42 CHAPTER 9 MOTION court .. 43 ALLOCATION OF COURTS.

6 44 46 INDEX .. 47 BINDING OF PAPERS .. 48 PRACTICE MANUAL gauteng Local Division: Johannesburg October 2018 iv PAGINATION .. 49 PREPARATION OF PAPERS .. 50 DRAFT ORDERS .. 51 BRIEFING OF COUNSEL .. 52 OPPOSED MOTIONS .. 53 UNOPPOSED MOTIONS .. 59 ANNEXURE TO 63 OPPOSED AND UNOPPOSED INTERLOCUTORY APPLICATIONS IN TERMS OF AND THOSE FOR WHICH A TRIAL DATE HAS BEEN ALLOCATED.. 65 SPECIAL MOTIONS (APPLICATIONS OF LONG DURATION) .. 66 SUMMARY JUDGMENTS .. 67 RULE 43 APPLICATIONS / DIVORCE court .. 69 DEFAULT CASES NOTICES OF SET DOWN .. 70 ANNEXURE TO 72 MATTERS PROPERLY SET DOWN, BUT WHICH DO NOT APPEAR ON THE ROLL.

7 73 74 STRIKING FROM THE ROLL .. 75 POSTPONEMENTS .. 76 SERVICE .. 77 STALE SERVICE .. 78 SETTLEMENT AGREEMENTS .. 79 DUPLICATE FILES .. 80 URGENT APPLICATIONS .. 81 ANNEXURE (PARA ) .. 84 ANNEXURE (PARA ) .. 85 ANNEXURE (PARA ) .. 86 ANNEXURE (PARA ) .. 87 CHAPTER 10 PARTICULAR APPLICATIONS .. 88 ANTON PILLER TYPE ORDERS .. 89 ADMISSION OF ADVOCATES .. 91 CANCELLATION OF SALE IN EXECUTION .. 92 CHANGE TO THE MATRIMONIAL REGIME .. 93 ANNEXURE 94 REQUESTS FOR PERMISSION TO FILM OR RECORD JUDICIAL PROCEEDINGS .. 95 CURATOR BONIS .. 98 CURATOR AD LITEM.

8 99 ENQUIRIES IN TERMS OF SECTION 417 OF THE COMPANIES ACT 61 OF 1973 .. 100 EVICTION IN TERMS OF THE PREVENTION OF ILLEGAL EVICTIONS AND UNLAWFUL OCCUPATION OF LAND ACT 19 OF 1998 .. 102 ANNEXURE SPECIMEN ORDERS .. 104 PROVISIONAL SENTENCE .. 107 LIQUIDATION .. 108 PRACTICE MANUAL gauteng Local Division: Johannesburg October 2018 v SEQUESTRATION .. 110 REHABILITATION .. 113 REMOVAL OR AMENDMENT OF RESTRICTIONS ON LAND USE .. 114 THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION ACT 72 OF 1996 .. 116 APPLICATION FOR CONFIRMATION OF SURROGACY AGREEMENTS IN TERMS OF SECTION 295 OF THE CHILDREN S ACT.

9 118 FORECLOSURE (AND EXECUTION WHEN PROPERTY IS, OR APPEARS TO BE, THE DEFENDANT S PRIMARY HOME).. 120 ANNEXURE FORECLOSURE AFFIDAVIT .. 124 ANNEXURE TO AND GOVERNMENT GAZETTE NOTICE (AMENDMENT TO RULE 46).. 131 CHAPTER 11 LEAVE TO APPEAL IN CIVIL MATTERS .. 156 CHAPTER 12 UNOPPOSED DIVORCE ACTION .. 158 CHAPTER 13 JUDGE IN CHAMBERS .. 160 CHAPTER 14 JUDGES CLERKS .. 161 CHAPTER 15 OPENING OF court FILES .. 162 ANNEXURE OPENING SHEET .. 163 CHAPTER 16 STANDARD ORDER .. 164 DEFAULT JUDGMENT GRANTED BY THE REGISTRAR .. 166 SUMMARY JUDGMENT .. 167 PROVISIONAL SENTENCE.

10 168 DEFAULT JUDGMENT BY court .. 169 ABSOLUTION FROM THE INSTANCE .. 170 EDICTAL CITATION .. 171 SUBSTITUTED SERVICE .. 172 RULE 43 .. 173 DIVORCE WITH SETTLEMENT AGREEMENT .. 175 DIVORCE WITHOUT SETTLEMENT AGREEMENT .. 176 POST NUPTIAL REGISTRATION OF A 177 GENERAL ORDER FOR DISCOVERY .. 178 AGREEMENT OF 179 RULE NISI .. 180 RESTRICTIVE CONDITIONS ON LAND .. 181 UNALLOCATED ORDER .. 183 PROVISIONAL SEQUESTRATION .. 184 FINAL SEQUESTRATION .. 186 REHABILITATION .. 187 188 PROVISIONAL LIQUIDATION .. 189 FINAL LIQUIDATION .. 191 PRACTICE MANUAL gauteng Local Division: Johannesburg October 2018 vi DISCHARGE OF PROVISIONAL SEQUESTRATION OR LIQUIDATION.