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Thread: Summons, notice of intention to defend and plea in practice

  1. #21
    Email problem workshop's Avatar
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    My ten days is nearly up. Can you just clarify what I am supposed to be doing:

    rule 23(1), requires me to deliver "a schedule". My question is deliver to who?

    rule 23(3), requires me to "produce for inspection" the specified documents. Is this subsequent to delivering?

    and rule 23(4), requires me to show to the Court. Which I think is self explanatory

    What happens if one or other party misses, in this case, the ten day deadline?
    Last edited by workshop; 05-May-13 at 11:25 AM.

  2. #22
    Diamond Member Citizen X's Avatar
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    Quote Originally Posted by workshop View Post
    My ten days is nearly up. Can you just clarify what I am supposed to be doing:

    rule 23(1), requires me to deliver "a schedule". My question is deliver to who?

    rule 23(3), requires me to "produce for inspection" the specified documents. Is this subsequent to delivering?

    and rule 23(4), requires me to show to the Court. Which I think is self explanatory

    What happens if one or other party misses, in this case, the ten day deadline?
    As previously mentioned, in your case, you will have to deliver three schedules or annexures!
    "2. In your case you will need to attach 3 schedules(aka annexures) to the affidavit. A schedule looks like this:
    Schedule A
    DATE NUMBER DOCUMENT COPY/ORIGINAL
    16 April 2013 Cheque Original
    You file or serve in the standard manner, have 3 coipies of each bundle. File the first to the plaintiff's attorney, get them to sign or stamp one copy as proof that you served it on them, you then file/serve the same on the clerk of courts, you get the clerk of courts to stamp your copy as proff that you filed the same with the clerk of courts. So after service, you'll have one copy with the signature/stamp of the plaintiff's attorney as well as the stamp of the clerk of courts. This one copy is for your
    records.

    Certain explanation may not be expressed in a manner in which one can get the desired results in practice! I sincerely believe that you do need the services of an attorney to assist you...
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  3. #23
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    It's something that I have to work through myself. I have no choice in this.

    I understand that I need three packs. One for the Plaintiff, one for the Clerk and one for me. But I am a bit confused about the need for three schedules. Schedule A will be a list of the books and documents in my possesion which I intend to use. The Affidavit refers to a second schedule which lists documents that are no longer in my possesion. Is this what you are referring to? If so what is the third schedule suppoed to list?

  4. #24
    Diamond Member Citizen X's Avatar
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    The way I see it, you being asked for two different things, as such two schedules are required(I deduce this from information that you have provided) If an attorney is out of the question, why don't you approach a University Law clinic to assist you with the correct drafting of discovery alternatively to give you very specific advice....

    23. Discovery of documents
    (1)
    (a) Any party to any action may require any other party thereto, by notice in writing, to make discovery on oath within 20 days of all documents and tape, electronic, digital or other forms of recordings relating to any matter in question in such action, whether such matter is one arising between the party requiring discovery
    and the party required to make discovery or not, which are or have at any time been in the possession or control of such other party.
    (b) A notice in terms of paragraph (a) shall not, save with the leave of a magistrate, be given before the close of pleadings.

    (3) If any party believes that there are, in addition to documents or tape, electronic, digital or other forms of recordings disclosed in terms of this rule, other documents, including copies thereof, or tape, electronic, digital or other forms of recordings which may be relevant to any party thereto, the former may give notice to the latter requiring him or her to make the same available for inspection in accordance with sub-rule (6), or to state an oath within 10 days that such documents are not in his or her possession, in which event
    he or she shall state their whereabouts, if known to him or her.

    (4) A document or tape, electronic, digital or other forms of recording not disclosed as requested in terms of this rule may not, save with the leave of the court granted on such terms as to it may seem meet, be used for any purpose at the trial by the party who was obliged but failed to disclose it, provided that any other party may use such document or tape, electronic, digital or other forms of recording.

    Remember this is your matter, and you defending yourself, so it's your call at the end of the day as to how you intend proceeding with exchange of documents..thread wisely though, an opinion from a university law clinic can't harm, it will help!!!

    It will be 3 if the following applies to you:

    1 Documents and tape recordings in one's possession.
    2 Privileged documents
    3 Documents and tape recordings that were in one's possession but which are no longer so.
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  6. #25
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    Thx. Wish we had "law clinic". But Knysna types are simple woodcutters, forest fairies and fading hippies. Everyone is a little long in the tooth, no young 'uns in these parts I am afraid. We are also mean spirited and as grumpy as all hell.

  7. #26
    Diamond Member Citizen X's Avatar
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    Quote Originally Posted by workshop View Post
    Thx. Wish we had "law clinic". But Knysna types are simple woodcutters, forest fairies and fading hippies. Everyone is a little long in the tooth, no young 'uns in these parts I am afraid. We are also mean spirited and as grumpy as all hell.
    The Western Cape is a beautiful piece of South African land. Hey, you have the University of Western Cape(UWC) there
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  8. #27
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    That's a six day trek. Sedgefield is about as far as we ever venture, Plett if we are doing a day trip. And as for Buffelsbaai the residents are still talking about booms to keep the rooinekke uit.

  9. #28
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    They fudged the task by objecting to the disclosure of any of their documents. They dressed this in a whole lot of legal gobbledly gook. Do I bother to challenge them? Can one challenge them? I would just like to get to court and confirm for all concerned that I really don't like the Plaintiff and meant every word he is objecting to.

  10. #29
    Diamond Member Citizen X's Avatar
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    Quote Originally Posted by workshop View Post
    They fudged the task by objecting to the disclosure of any of their documents. They dressed this in a whole lot of legal gobbledly gook. Do I bother to challenge them? Can one challenge them? I would just like to get to court and confirm for all concerned that I really don't like the Plaintiff and meant every word he is objecting to.
    Unfortunately, there's only one way to find out!
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  11. #30
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    And that I must. What is next, after discovery docs have been lodged? Is there a manual I can follow? Does anyone run an online clinic?

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