Summary
Summary How to Use CaseLines (Part 2 - Opposed Motions)
In this second set of notes on CaseLines, I take you through the opposed motion process, all the way from issuing to and including judgment.
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1How To Use CaseLines
(Opposed Motions)
Take note that nothing in this booklet constitutes legal advice or advice of any kind.
Readers must consult official and alternative sources before making any decisions based
on the information provided herein. Templates and examples provided by us are merely a
guideline and nothing more. We will not accept any liability whatsoever.
Take note further that this booklet is intended for personal use only and that the
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1. Introduction
In these notes, we will be revisiting CaseLines, except this time, we will be
looking at opposed motions.
In the previous set of notes, I provided a detailed explanation on how to create
cases, upload documents and apply for unopposed motion dates. Make sure to
read those notes first in order to understand the practical basics of the platform.
Take note that CaseLines is not utilised by every division of the High Court so
depending on where you are situated in the country, this episode may not be
applicable to you.
2. The process prior to applying for an opposed motion date
Before I get into the CaseLines side of things concerning opposed motion dates,
I will briefly explain the process leading up to the point of requesting an opposed
motion date.
An opposed motion date will be required when an application becomes formally
opposed. It is not as simple as that however, so let me explain the process.
The following explanation is in line with the Uniform Rules of Court and the
Gauteng Division’s various Practice Directives and Practice Manual. Let’s start.
Once you have drafted a notice of motion and founding affidavit (ie an
application), you will need to attend Court in person to issue same. After the
registrar has issued the application, it’s time to create a case on CaseLines. I will
go through this process briefly with you now but for a detailed explanation on
how to create cases and upload documents, check out the previous CaseLines
notes.
In case you forgot, when inserting the case name, you must first indicate what
type of matter your case is and then insert the parties’ details. As our matter at
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present is unopposed (essentially all applications are unopposed until formal
opposing papers are received), the case name will look as follows:
• Unopposed Motion (*insert type*) Venter S vs Venter E.
Let’s pretend our application is for the appointment of the applicant as a minor
child’s guardian, so in the brackets, type “Guardianship Application”.
Remember to also enter the case reference, which is the case number, recorded
with the year in full and without any 0 preceding the case number, e.g. 2005/44;
2012/123; 2019/93222; etc.
The “Front Page” entry will be the relevant court’s template.
Click “Create Case”. We have now created a case on CaseLines.
Next up, we need to upload to the case the application, which is the notice of
motion and founding affidavit. In order to do so, we need to create a section, so,
click “Create New Section.”
Under “Section Number” insert “1” or “01”.
Your “Section Title” can be either “Notice of Motion and Founding Affidavit” or
“Guardianship Application”. Use whatever you would prefer.
Insert “1” or “01” again for “Section Order” (this is not strictly necessary and can
be left blank).
Leave the two drop-down options as the default.
Click “Create”. You now have your first section so proceed to upload the issued
guardianship application to said section.
Give it 5 minutes or so then click on “Review” and you should be able to see your
case with the application under the created section.
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