CIVIL PROCEDURE
CIV3701
SEMESTER 1
ASSIGNMENT 1 - MEMO
DUE: 30 MARCH 2023
, QUESTION 1
(a) Briefly discuss the ex parte application in magistrate’s court. (4)
The ex parte application is an exception to the audi alteram partem rule which means
‘hear the other side’. Rule 55(3)1 provides that ex parte applications may be brought
in regional and district magistrate’s Courts only where the following requirements are
satisfied:
i. The giving of notice would defeat the purpose of the application; or
ii. The degree of urgency is so great that the dispensing of notice is justified.
All ex parte applications have to provide a specified return date on which it must be
shown why the order should not be confirmed. A copy of the ex parte order and
supporting affidavits must be served on the respondent.
Rule 55(3)(h) provides that ex parte applications may be heard in chambers.
Rule 55(5) deals with urgent applications.
(b) Discuss the ways in which evidence may be placed before the trial court. (4)
Although the general rule is that a witness must give evidence viva voce (orally) and
in open court, there are exceptions to the rule where special circumstances exist. A
witness may then be allowed to give evidence in the following ways: on commission;
by way of interrogatories and by way of affidavit.
1
Magistrates' Court Rules
CIV3701
SEMESTER 1
ASSIGNMENT 1 - MEMO
DUE: 30 MARCH 2023
, QUESTION 1
(a) Briefly discuss the ex parte application in magistrate’s court. (4)
The ex parte application is an exception to the audi alteram partem rule which means
‘hear the other side’. Rule 55(3)1 provides that ex parte applications may be brought
in regional and district magistrate’s Courts only where the following requirements are
satisfied:
i. The giving of notice would defeat the purpose of the application; or
ii. The degree of urgency is so great that the dispensing of notice is justified.
All ex parte applications have to provide a specified return date on which it must be
shown why the order should not be confirmed. A copy of the ex parte order and
supporting affidavits must be served on the respondent.
Rule 55(3)(h) provides that ex parte applications may be heard in chambers.
Rule 55(5) deals with urgent applications.
(b) Discuss the ways in which evidence may be placed before the trial court. (4)
Although the general rule is that a witness must give evidence viva voce (orally) and
in open court, there are exceptions to the rule where special circumstances exist. A
witness may then be allowed to give evidence in the following ways: on commission;
by way of interrogatories and by way of affidavit.
1
Magistrates' Court Rules
