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New Magistrates Court rules on the way

The new rules have been published in a third draft and we understand that they plan to have it in place as soon as 1 March 2010, without any further comments.  The changes are quite dramatic, and attorneys doing Road Accident Fund matters will have to look at this work and see some of the specific references with regard to medico legal appointments and things like that.  In addition to that, time periods change, distances change – for example you only now need to supply an address within 15 kilometres of the court and not 8 kilometres as before.  You have 10 days to enter an appearance to defend a matter and 20 days to file your plea.  Like in the High Court, the dies stop running from approximately 16 December to 15 January each year and you will have to take that into consideration before issuing notices of bar.  There are new forms for all of the notices, although you can continue to use the old forms, subject to alteration (you may as well then use the new forms) for one year.  It is very interesting, for example, that when you file your notice of intention to defend, you need to specify an e-mail address as well as the fax number and whether or not pleadings may be exchanged in this way.  If you don’t agree to filing of pleadings in that way, the plaintiff can proceed to court and bring an appropriate application.  One imagines that firms that are involved in extensive amounts of litigation are going to have to set a certain catch-all address, and set up some sort of security protocol to make sure that they don’t miss a single e-mail because that could be pretty fateful!  As I have told you before, because it was the subject of which I made representations, summonses will, just as in the High Court, no longer lapse.  The majority of these provisions basically made the rules in the Magistrates’ Court much more similar, if not identical, to the ones in the High Court.  I have only had a cursory glance at them, but any attorney doing Magistrates’ Court work is going to need to be an expert on the subject shortly.

Posted by Michael de Broglio on Thursday 28-Jan-10


New Magistrates Court rules on the way

Comments

zain  said...
on Tuesday 29-Dec-15 05:37 AM
which rule or section regulates dies non in the magistrates court

mwase  said...
on Wednesday 15-Jan-14 10:16 AM
which rule or section regulates dies non in the magistrates court

ossana  said...
on Thursday 15-Aug-13 07:44 AM
I am a law student busy with an assignment,please kindly email me rule 6 and 10 of the magistrate court?

ossana  said...
on Thursday 15-Aug-13 07:44 AM
I am a law student busy with an assignment,please kindly email me rule 6 and 10 of the magistrate court?

Dumisani  said...
on Friday 31-Aug-12 11:23 AM
Does summons lapse?????

Velaphi Malinga  said...
on Tuesday 08-May-12 01:50 PM
please send me a copy of the new rules...it is helpful

Martyn   said...
on Monday 12-Mar-12 01:44 PM
Please send me a copy of the new Rules we use Mag Court a lot and I don't want to make errors with Applicationsetc.


Tasnim  said...
on Wednesday 15-Feb-12 07:12 AM
Please may I have a copy of the rules. Also, Is there a regional court in every Mag court? Is there one in Pinetown also?

Much appreciated
Tasnim

Tumi  said...
on Tuesday 17-Jan-12 12:21 PM
Good day

Kindly send me new magistrates court rules.

THABO RAMAKGWAKGWA  said...
on Friday 09-Sep-11 12:56 PM
I am a candidate attorney,practising in Jo'burg,am asking for a new Magistrate Court rules.Please email them on this address trrams@gmail.com

Helen Jansen  said...
on Tuesday 23-Aug-11 12:40 PM
Thanks so much for this, I know it is old but very useful. We don't really do Mag Court but when something comes our way, I always end up with it.

Dimakatso  said...
on Thursday 28-Jul-11 02:30 PM
kindly email me the new magistrate rules (urgent)

THUYANI ND  said...
on Wednesday 09-Mar-11 03:10 PM
I AM A STUDENT, DOING LLB AM ASKING FOR A NEW MAGISTRATES COURT RULES

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