Stages of Proceedings

Question 1

Which Stages does action and application proceedings consist of?

Answer 1

1. Pleading Stage

2. Trial Stage

Question 2

1. Pleading

Answer 2

• Pleadings are documents which the parties exchange before the actual proceedings take place in court.
• the pleadings contain statements concerning the facts of the case made by the parties and does not include reference to legal principles.
• The facts to which the parties agree/disagree on are laid out in the document so that the dispute is clear.
• Even though we formally refer to it as the pleading stage it is actually just an exchange of documents, mainly affidavits.
• The pleadings will be filed with the ‘Registrar of the High Court’ and if in the magistrates court, they will be filed with the clerk of the court.
• The Sheriff of the court issues the summon to the defendant in action proceedings.

Question 3

1.1 What is the purpose of pleadings?

Answer 3

• To reduce the dispute between the parties into a condensed version.
• to prevent the parties from surprising each other in court.
• to ensure that the presiding officer is familiar with the facts of the case.

Question 4

2. Trial

Answer 4

• the trial takes place after the pleading stage.
• in action proceedings, oral evidence is required in order to determine the facts of the case.
• in application proceedings, oral evidence is not required and the case will be decided by the facts presented in the affidavits.