Summary CIV 3701 civil procedure PRESCRIBED TEXTBOOK AND STUDY MATERIAL JURISDICTION OF THE SUPERIOR AND LOWER COURTS
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Course
CIV 3701
Institution
University Of South Africa (Unisa)
CLASSIFICATION OF CIVIL PROCEDURE AND ITS PLACE WITHIN THE LEGAL SYSTEM
1.2 ENFORCING THE LAW
1.2.1 Function of the courts
1.2.2 Subject matter
1.2.3 Parties
1.2.4 Onus of proof
Printed and published by the
University of South Africa
Muckleneuk, Pretoria
CIV3701/1/2019–2021
70653542
InDesign
PR_Tour_Style
, CONTENTS
Page
ORIENTATION v
PART 1
INTRODUCTORY STUDIES 1
Study unit 1: Introduction to civil procedure 2
Study unit 2: Sources of civil procedural law 6
Study unit 3: Civil procedure in context 9
Study unit 4: The structure of the South African court system 22
PART 2
JURISDICTION 27
PART A: INTRODUCTION TO JURISDICTION OF THE
SUPERIOR AND LOWER COURTS 29
Study unit 5: Introductory remarks regarding jurisdiction 30
PART B: JURISDICTION OF THE SUPERIOR COURTS 35
Study unit 6: Terminology 36
Study unit 7: General overview of jurisdictional principles 41
Study unit 8: Jurisdiction in respect of claims sounding in money 43
Study unit 9: Jurisdiction in respect of claims relating to property 51
Study unit 10: Matrimonial jurisdiction 54
PART C: JURISDICTION OF THE LOWER COURTS 59
Study unit 11: Jurisdiction of the magistrates’ courts 60
PART 3
COURT PROCEDURE 81
PART D: PRE-LITIGATION STAGE 83
Study unit 12: Pre-litigation issues 84
Study unit 13: The parties to litigation 90
Study unit 14: Service 94
PART E: LITIGATION STAGE 99
Study unit 15: The conduct of application proceedings 100
Study unit 16: The conduct of summons proceedings 106
iii CI V 3701/1/ 2 019 – 2 0 21
, Study unit 17: The simple summons and the combined summons 111
Study unit 18: The provisional sentence summons 116
Study unit 19: The principles of pleading 119
Study unit 20: Litigation proceedings during the pleading stage:
exchange of processes and pleadings 122
Study unit 21: Further possible pleadings and processes during the
pleading stage: remedial steps 126
Study unit 22: Offer to settle, tender, interim payments and security for
costs 133
Study unit 23: Pretrial judgments 137
Study unit 24: Preparation for trial 142
Study unit 25: The trial and costs 150
PART 4
VARIATION OF JUDGMENTS, REVIEW AND APPEAL 153
Study unit 26: The variation or rescission of judgments 154
Study unit 27: Review 158
Study unit 28: Appeals 163
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