Interlocutory Applications

Question 1

What is an interlocutory application?

Answer 1

An interlocutory application seeks interlocutory relief or intermediate relief. it does not concern itself with the merits of the case but with some procedural matters adjunct thereto. An interlocutory application is incidental to pending proceedings

Question 2

Will you use the long form or short form NOM?

Answer 2

The Short Form

Question 3

What relief will you seek in the NOM

Answer 3

• An order to compel the furnishing of further particulars for preparation for trial, requested on __ day of __ within 10 days from date of service of this order.
• Leave to approach the court on the same papers in the event of non-compliance with the order in 1.
• Costs of the application.

Question 4

If you succeed in your application and the defendant fails to comply with the court order obtained what relief will you be seeking in your subsequent application?

Answer 4

That the Defendants defence is struck and judgment in favour of the Plaintiff be entered with costs of the application and costs of the action/suit.

Question 5

By whom must the interlocutory application be served?

Answer 5

By the plaintiffs attorney or by messenger/ staff member of plaintiffs attorney

Question 6

On whom must the interlocutory application be served?

Answer 6

On the respondents attorney