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Summary Civil Procedure Drafting: Combined Summons
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In depth example of how to draft a combined summons for Civil Procedure 371.
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IN THE MAGISTRATE’S COURT FOR THE DISTRICT OF BELLVILLEHELD AT BELLVILLE
Case no:
In the matter between:
MAD CAT PLAINTIFF
and
CLEVER MOUSE DEFENDANT
TO THE SHERIFF OR HIS DEPUTY,
1 Inform CLEVER MOUSE, an adult male plumber resident at 4 Cheese Street,
Jamestown, Stellenbosch, Western Cape, and of whom the full and further
particulars are unknown to the Plaintiff (hereinafter referred to as the
Defendant), that;
MAD CAT, an adult unemployed male person who is resident at 5 Festival
Street, Bellville, Western Cape (hereinafter referred to as the Plaintiff), hereby
institutes an action against him, in which the Plaintiff claims relief on the
grounds set out in the particulars annexed hereto.
S J H VAN DER MERWE
Law Clinic, SU
18 Crozier Street, Stellenbosch
Tel. 021 808 3600, Fax 021 808 3720
Ref: MW/K02
, 2. INFORM the Defendant further that if he/she disputes the claim and wishes to
defend the action he/she shall:
(a) Within ten (10) court days of service upon him/her of this Summons file
with the clerk of this court in Bellville, notice of his/her intention to
defend and serve a copy thereof on the Plaintiff, which notice shall
stipulate an address as referred to in Rule 13(3) for the service upon
the Defendant of all notices and pleadings in the action;
(b) Thereafter, and within twenty (20) court days after filing and serving the
notice of intention to defend as aforesaid, file with the clerk and serve
upon the Plaintiff a plea or exception, notice to strike out, with or
without a claim in reconvention.
3. (a) INFORM the Defendant further that if he/she fails to file and serve
notice as aforesaid, judgment as claimed may be given against him/her
without further notice to him/her, or if, having filed and served such
notice, he/she fails to plead, except, strike out or institute a
counterclaim, judgment may be given against him/her.
(b) AND immediately thereafter serve on the Defendant a copy of this
summons and return the same to the clerk of this court with
whatsoever you have done thereupon.
Dated at Stellenbosch this _____day of June 2019.
________________________ _____________________
S J H VAN DER MERWE Clerk of the Civil Court
Attorney for the Plaintiff BELLVILLE
Law Clinic, SU
18 Crozier Street, Stellenbosch
Tel. 021 808 3600, Fax 021 808 3720
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