UNIFORM RULES OF COURT1 - Department of Justice and ...

1 Legislation updated to: 30 May 2008. HIGH COURT RULES OF COURT. UNIFORM RULES OF COURT 1*. RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE SEVERAL. PROVINCIAL AND LOCAL DIVISIONS OF THE HIGH COURT OF SOUTH. AFRICA. The Chief Justice after consultation with the judges president of the several divisions of the Supreme Court of South Africa has, in terms of paragraph (a) of subsection (2) of section 43 of the Supreme Court Act, 1959 (Act 59 of 1959), with the approval of the State President made, with effect from the 15th January, 1965, the RULES contained in the annexure regulating the conduct of the proceedings of the provincial and local divisions of the Supreme Court of South Africa.

2 [NB: GN R315 (GG 19834) of 12 March 1999 provided as follows, with effect from 5. May 1999: 'The RULES made under any provisions of any law which regulates the operation of the Supreme Courts of the following areas which immediately before 27. April 1994 formed part of the territory of the Republic of- (a) Transkei;. (b) Bophuthatswana;. (c) Venda; or (d) Ciskei, and which laws have been amended to the extent reflected in the Schedule of the Attorneys and Matters relating to RULES of Court Amendment Act, 1998 (Act 115 of 1998), are hereby repealed.]

3 The operation of the RULES is hereby made applicable to every area which immediately before 27 April 1994 formed part of the territory of the Republic of- (a) Transkei;. (b) Bophuthatswana;. (c) Venda; or (d) Ciskei.'.]. as amended by GN R235 of 18 February 1966. GN R2004 of 15 December 1967. GN R33553 of 17 October 1969. GN R2021 of 5 November 1971. GN R1985 of 3 November 1972. GN R480 of 30 March 1973. GN R639 of 4 April 1975. Copyright Juta & Company Limited GN R1816 of 8 October 1976. GN R1975 of 29 October 1976.

4 GN R2477 of 17 December 1976. GN R2365 of 18 November 1977. GN R1546 of 28 July 1978. GN R1577 of 20 July 1979. GN R1535 of 25 July 1980. GN R2527 of 5 December 1980. GN R500 of 12 March 1982. GN R773 of 23 April 1982. GN R775 of 23 April 1982. GN R1873 of 3 September 1982. GN R2171 of 6 October 1982. GN R645 of 25 March 1983. GN R841 of 22 April 1983. GN R1077 of 20 May 1983. GN R1996 of 7 September 1984. GN R2094 of 13 September 1985. GN R810 of 2 May 1986. GN R2164 of 2 October 1987. GN R2642 of 27 November 1987.

5 GN R1421 of 15 July 1988. GN R210 of 10 February 1989. GN R608 of 31 March 1989. GN R2628 of 1 December 1989. GN R185 of 2 February 1990. GN R1929 of 10 August 1990. GN R1262 of 30 May 1991. GN R2410 of 30 September 1991. GN R2845 of 29 November 1991. GN R406 of 7 February 1992. GN R1883 of 3 July 1992. GN R109 of 22 January 1993. GN R960 of 28 May 1993. GN R974 of 1 June 1993. GN R1356 of 30 July 1993. GN R1843 of 1 October 1993. GN R2365 of 10 December 1993. GN R2529 of 31 December 1993. GN R181 of 28 January 1994.

6 GN R411 of 11 March 1994. GN R873 of 31 May 1996. GN R1063 of 28 June 1996. GN R1557 of 20 September 1996. GN R1746 of 25 October 1996. GN R2047 of 13 December 1996. GN R417 of 14 March 1997. GN R491 of 27 March 1997. GN R700 of 16 May 1997. GN R765 of 6 June 1997. GN R766 of 6 June 1997. GN R798 of 13 June 1997. GN R1352 of 10 October 1997. Copyright Juta & Company Limited GN R785 of 5 June 1998. GN R881 of 26 June 1998. GN R1024 of 7 August 1998. GN R1723 of 30 December 1998. GN R568 of 30 April 1999. GN R1084 of 10 September 1999.

7 GN R1299 of 29 October 1999. GN R502 of 19 May 2000. GN R849 of 25 August 2000. GN R373 of 30 April 2001. GN R1088 of 26 October 2001. GN R1755 of 5 December 2003. GN R229 of 20 February 2004. annexure . INDEX. Rule 1 definitions . 2 Sittings of the court and vacations. 3 Registrar's office hours. 3A Admission of Advocates. 4 Service. 5 Edictal citation. 6 Applications. 7 Power of attorney. 8 Provisional sentence. 9 Arrest. 10 Joinder of parties and causes of action. 10A Joinder of provincial or national executive authorities.

8 [Rule 10A inserted by GN R849 of 25 August 2000]. 11 Consolidation of actions. 12 Intervention of persons as plaintiffs or defendants. 13 Third party procedure. 14 Proceedings by and against partnerships, firms and associations. 15 Change of parties. 16 Representation of parties. 16A Submissions by an amicus curiae. [Rule 16A inserted by GN R849 of 25 August 2000.]. 17 Summons. 18 RULES relating to pleading generally. 19 Notice of intention to defend. 20 Declaration. 21 Further particulars. 22 Plea. 23 Exceptions and applications to strike out.

9 24 Claim in reconvention. Copyright Juta & Company Limited 25 Replication and plea in reconvention. 26 Failure to deliver pleadings - barring. 27 Extension of time and removal of bar and condonation. 28 Amendments to pleadings and documents. 29 Close of pleadings. 30 Irregular proceedings. 30A Non-compliance with RULES [Rule 30A inserted by GN R881 of 26 June 1998.]. 1 Judgment on confession and by default. 32 Summary judgment. 33 Special cases and adjudication upon points of law. 34 Offer to settle. 34A Interim payments.

10 35 Discovery, inspection and production of documents. 36 Inspections, examinations and expert testimony. 37 Pre-trial conference 37A .. [Rule 37A repealed by GN R373 of 30 April 2001.]. 38 Procuring evidence for trial. 39 Trial. 40 In forma pauperis. 41 Withdrawal, settlement, discontinuance, postponement and abandonment. 42 Variation and rescission of orders. 43 Matrimonial matters. 44 Undefended divorce actions. 45 Execution - general and movables. 45A Suspension of orders by the court. 46 Execution - immovables.