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Thread: Defending a civil action

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    Silver Member workshop's Avatar
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    Defending a civil action

    Quote Originally Posted by workshop View Post
    Vanash I am being sued for defamation and out of principle have decided not to engage an attorney. I want to feel what it's like to be be victimised. I am also a bit tight on cash. Whatever! Having received a notice to plea I approached the Clerk of the Court who giggled whilst she told me "she can tell me nothing" and all because she is just a clerk.

    I then asked her "What do most people do in this sort of situation" and she didn't answer. She just giggled some more.
    Vanash have started a new thread so as not to take this one off topic

    I submitted my plea to defend
    What happens next?

    I have been served with a Notice to deliver schedule of documents in terms of:
    Rule 23(1)
    Rule 23(3)
    and Rule 23(4)

    And whilst I am sure I am missing the obvious
    It would appear that the Plaintiff's attorneys might have got their wires crossed
    In that the notice reads:

    Be pleased to take notice that Defendant (that's me ????) hereby requires Plaintiff (that's him) within TEN (10) days after receiving this Notice, to deliver a schedule specifying the books and documents in Plaintiff's possession or under Plaintiff's control relating to the action, which Plaintiff intends to use at the above trial, or which tend to prove or disprove either paties case.

    Sub section 3 and 4 are much the same or though slightly different in that the Plaintiff is required to present the documents at the Plaintiff's attorney's office and to the Court at the trial of this action.

    So that is the first question: What does that all mean?

    Besides that what confuses me is the fact that the Plaintiff's attorney is serving notices on me requiring them to Take Note. Have they used the wrong form or are they prodding me to do something I am supposed to do?

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    Site Caretaker Dave A's Avatar
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    Rule 23 (at least as at 26 June 2009 - there may have been amendments since):

    23 Exceptions and Applications to Strike Out
    (1) Where any pleading is vague and embarrassing or lacks averments which are necessary to sustain an action or defence, as the case may be, the opposing party may, within the period allowed for filing any subsequent pleading, deliver an exception thereto and may set it down for hearing in terms of paragraph (f) of subrule (5) of rule (6): Provided that where a party intends to take an exception that a pleading is vague and embarrassing he shall within the period allowed as aforesaid by notice afford his opponent an opportunity of removing the cause of complaint within 15 days: Provided further that the party excepting shall within ten days from the date on which a reply to such notice is received or from the date on which such reply is due, deliver his exception.
    [Subrule (1) amended by GN R2164 of 1987, by GN R2642 of 1987 and by GN R1262 of 1991.]

    (2) Where any pleading contains averments which are scandalous, vexatious, or irrelevant, the opposite party may, within the period allowed for filing any subsequent pleading, apply for the striking out of the matter aforesaid, and may set such application down for hearing in terms of paragraph (f) of subrule (5) of rule (6), but the court shall not grant the same unless it is satisfied that the applicant will be prejudiced in the conduct of his claim or defence if it be not granted.

    (3) Wherever an exception is taken to any pleading, the grounds upon which the exception is founded shall be clearly and concisely stated.

    (4) Wherever any exception is taken to any pleading or an application to strike out is made, no plea, replication or other pleading over shall be necessary.
    The trouble with opportunity is it normally comes dressed up as work.

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    Diamond Member Vanash Naick's Avatar
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    Quote Originally Posted by Dave A View Post
    Rule 23 (at least as at 26 June 2009 - there may have been amendments since):

    23 Exceptions and Applications to Strike Out
    (1) Where any pleading is vague and embarrassing or lacks averments which are necessary to sustain an action or defence, as the case may be, the opposing party may, within the period allowed for filing any subsequent pleading, deliver an exception thereto and may set it down for hearing in terms of paragraph (f) of subrule (5) of rule (6): Provided that where a party intends to take an exception that a pleading is vague and embarrassing he shall within the period allowed as aforesaid by notice afford his opponent an opportunity of removing the cause of complaint within 15 days: Provided further that the party excepting shall within ten days from the date on which a reply to such notice is received or from the date on which such reply is due, deliver his exception.
    [Subrule (1) amended by GN R2164 of 1987, by GN R2642 of 1987 and by GN R1262 of 1991.]

    (2) Where any pleading contains averments which are scandalous, vexatious, or irrelevant, the opposite party may, within the period allowed for filing any subsequent pleading, apply for the striking out of the matter aforesaid, and may set such application down for hearing in terms of paragraph (f) of subrule (5) of rule (6), but the court shall not grant the same unless it is satisfied that the applicant will be prejudiced in the conduct of his claim or defence if it be not granted.

    (3) Wherever an exception is taken to any pleading, the grounds upon which the exception is founded shall be clearly and concisely stated.

    (4) Wherever any exception is taken to any pleading or an application to strike out is made, no plea, replication or other pleading over shall be necessary.
    A very good afternoon to you Dave,
    Yes, the mag court rules have been amended since then! Previously, rule 23 dealt with applications to strike out such as a notice of exception, rule 23 in the act as it stands now deals with discovery of documents i.e. both plaintiff and defendant are entitled to request of the other party what books, documents, tapes they have in their possession that they will be using in the proceedings.

    I have answered the question here # 18

    http://www.theforumsa.co.za/forums/s...age2?highlight=


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    Site Caretaker Dave A's Avatar
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    I just saw this horde of amendments

    Where can you get a current version of the rules?
    The trouble with opportunity is it normally comes dressed up as work.

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    Diamond Member Vanash Naick's Avatar
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    Quote Originally Posted by Dave A View Post
    I just saw this horde of amendments

    Where can you get a current version of the rules?
    Dave,there are two reliable ways: 1: One way is to be a subscriber to Juta or Sabinet, as here you are gauranteed the latest version i.e. not just an amedment act but the amendment incorporated into the original act. They only provide the date that it was last modified.2: The other way is getting a copy from the Government gazette publishers.
    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
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    Dave A (17-Apr-13)

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    Platinum Member sterne.law@gmail.com's Avatar
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    Gov gazette is amazingly quick and will cost about R5.
    I wish the amended legislation was published more openly with a comment that was amended in such such year, in case a person wants to go back.
    Most people want to now whats what now.
    Dave, if I remember your daughter is a student at UNISA, you will get access to sabinet via that route.
    Anthony Sterne

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    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Site Caretaker Dave A's Avatar
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    Thanks for the tips, Vanash and Anthony.

    I got my version from the Department of Justice website - and the 2009 version I extracted the above from was the latest "current" version.
    My usual go to resource, acts.co.za didn't seem to have the rules at all.
    It's a real PITA extracting a current version from the updates. Delete this, add that. And when you look at the list of amendments in this instance..

    I wonder what is the most amended piece of current legislation in SA law?
    This has to be a contender!

    Mind you, the "winner" will probably be tax related
    The trouble with opportunity is it normally comes dressed up as work.

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