Summary
Summary Chapter 11
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Detailed summary of chapter 11 from the fundamental principles of civil procedure textbook
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CHAPTER 11 – SERVICE OFPROCESSES
Introduction
GENERAL:
Service of processes = ESSENTIAL – its significance is
that
It gives legitimacy to the litigation procedure
AND
It is a requirement of the audi alteram partem
principle AND
Satisfaction of the court
Process:
Any documents relating to the proceedings
Summons /Plea /Declaration /Notice of intention
to defend / oppose etc
What does service entail?
That the party initiating the proceedings must
bring the legal process to the attention to the
opposing party
This so that the opposing party is notified of the
action being taken against him
Also allows opposing party to take the necessary
steps to prepare his defence
WHO MAY SERVE PROCESSES:
2 main persons:
Sheriff of the court (upon instruction of initiating
party)
Personally by the initiating party / his legal
representative
Proof of service:
By sheriff = return of service
, By initiating party = acknowledgment of receipt
of service (signed and stamped by opposing
party)
SERVICE BY INITIATING PARTY:
Party may deliver:
All interlocutory applications
All discovery notices
Notices of intention to oppose / defend
Plea and replication
NOT documents that initiate proceedings /
documents that are to be delivered exclusively
by sheriff
Deliver = serve on opposing party AND file at court
Opposing party must acknowledge receipt of
service
How to serve process on opposing party:
Issue process at court (signed/ stamped and
dated by registrar/clerk)
Need the original copy of the process PLUS 2
copies
Take all 3 copies to opposing party and get all 3
signed and stamped by opposing party as proof
of service (ie: opposing party acknowledges
receipt of service)
Leave one copy with opposing party
File the original copy in the court file
Take the 2nd copy and file it in the office file
SERVICE BY THE SHERIFF:
Sheriff and Deputy Sheriff
= Independent officers of the court
Appointed by the Minister of Justice in terms of
the Sheriff’s Act
NOT an agent of initiating party
Sheriff negligently/ intentionally acts in conflict with
the rules of court or fails to discharge his duty of
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