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CIV3701 ASSIGNMENT 1 2023 DUE 17 MARCH 2023
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- University Of South Africa (Unisa)
CIV3701 ASSIGNMENT 1 2023 DUE 17 MARCH 2023 -THE DOCUMENT CONTAIN ANSWERS
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NAMESTUDENT NUMBER
MODULE CODE CIV3701
ASSIGNMENT 1
QUESTION 1
(a).
According to Magistrates’ Courts rule 55(3) Ex parte applications may be brought in
Regional and District Magistrates’ Courts only where the following requirements are
satisfied.
1. The giving of notice would defeat the purpose of the application; or
2. 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 cause must
be shown why the order should not be confirmed, and a copy of the ex parte order
and supporting affidavits must be served on the respondent 1. Rule 55(3)(h) provides
that ex parte applications may be heard in chambers.
(b)
(1) Unless special circumstances exist, a witness must give evidence viva voce and
in open court (Rule 38(2)). Where a witness is required by a subpoena to make
available at the trial a document, instrument or object which is in his or her
possession, or is under his or her control, such a subpoena is termed a subpoena
duces tecum.
(2) If a witness cannot give evidence in person, and if the necessary
circumstances are present, he or she may be allowed to give evidence in the
following ways:
(a) on commission (esse) Evidence is given generally and application must
be made to the court for evidence to be given in this way. 2
1
Magistrates’ Courts rules 55(3)(c) and (e)
2
Magistrate Court rule rule 38(5)
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