Procedural Steps - Part 2 Flashcards
What would next step be if plaintiffs claim is for the cost of repairing his motor which was damaged whilst he was parked at the side of the road when the defendant drove into it when he fell asleep behind the wheel. The defendant entered an appearance to defend
Notice to plead
What would next step be: your clients
Claim is for the purchase price of goods sold and delivered, delivery notes that have been signed by the defendant has been provided. The defendant enters an appearance to defend
Summary judgment and supporting affidavit
The defendant has entered an appearance to defend and requested further particulars three weeks ago but the defendant has done nothing.
Notice to plead
What would next steps be if the defendant has failed to enter an appearance to defend within the expiry of the ten day period allowed in the summons for him to do so
Apply for default judgment
What would next step be if your clients claim is based on a cheque that was dishonored 4 years ago. Defendant pleads prescription
File an Exception- no defence 6 year prescription for cheques
Your client the defendant in a magistrate court action made notes of his telephone conversation with the plaintiff. Should the notes be discovered
The notes must be discovered if the conversion was relevant
What action be taken in the following circumstances where the client is the defendant in an action instituted by a company registered in china. He is concerned about his prospects of recovering costs if he is successful in his defense of the action. He has entered an appearance to defend
Apply for security costs
What action be taken if client is the defendant in an action in which the plaintiff is claiming repayment of a loan which was due and payable in 2009, the action having been instituted in 2014. He has entered appearance to defend
File a special plea pleading prescription
He is the defendant in an action where a summons was served on him which he considered to be vague and embarrassing. He entered an appearance to defend. What should the next step be
Send a notice to the plaintiff advising summons is vague and embarrassing and affording him the opportunity to remedy the defect. Should he fail to do so then an exception should be filed.
He is the defendant is in an action relating to a motor collision. The plaintiff has claimed R70 000. He considers himself to be 50% to blame for the collision and has R35 000 available. He enters appearance to defend and does not have a counterclaim as his vehicle was not damaged
Send plaintiff a notice ito rule 18(1) which is an offer of settlement on a without prejudice basis affording him R35 000 plus costs to date
