A very good evening to you Workshop,
This advice is not meant to substitute for the services of an attorney. It’s here for academic curiosity!
To summarise, you being sued for defamation of character. You decided that you want to represent your self and have thus far entered an appearance as well as a plea on merits.
Your question requires a very specific answer! One which is unambiguous and clear and concise. Discovery of documents is a procedure which allows both the plaintiff and defendant to know what the other party will be using in court. You are also entitled to request discovery of their documents.
I’ve just learnt that legislation needn’t be placed in quotation marks as it’s not copyright. So in keeping with this, the following is what rule 23(1), 23(3) and 23(4) state
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.
1) So in practice you need to download the precedent (discovery of documents affidavit) from http://www.justice.gov.za/forms/form_mcr.htm
This is the j801 affidavit;
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
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