Types of Proceedings

Question 1

What are the two types of proceedings?

Answer 1

Action proceedings and application proceedings.

Question 2

What is sent out before action or application proceedings?

Answer 2

A Letter of Demand.

• a LOD is sent out to inform the defendant/respondent of the claim or relief sought out by the plaintiff/applicant.
• This gives the defendant/respondent the opportunity to pay the damages/ perform an act if they know they were in the wrong and they know that they will lose if the case goes to court.

Question 3

1. Action Proceedings

Answer 3

• After a LOD demand has been sent out and there is no response from the defendant, a summons will be sent to the defendant.
• this occurs when there are fundamental differences concerning the facts of the case between the parties.
• the parties are known as the ‘plaintiff’ who is the initiator of the case and institutes actions to claim performance and the ‘defendant’ who may raise the defense.
• more time consuming and expensive than application proceedings.

Question 4

2. Application Proceedings

Answer 4

• Proceedings are initiated by means of ‘Notice of Motion’ and a ‘Supporting Affidavit’.
• Occurs when there are no fundamental differences concerning the facts of the case between the parties.
• The parties are known as the applicant who initiates the proceedings for particular relief and the ‘respondent’ who is the person whom the relief is sought.
• May also obtain a declaratory order when there is one party involved.