Summary
Summary Chapter 14
- Course
- Law of civil procedure
- Institution
- University Of Johannesburg (UJ)
Detailed summary of chapter 14 from the fundamental principles of civil procedure textbook
[Show more]
Content preview
CHAPTER 14 – INTERIMPROCEDURES
Introduction
TYPES OF INTERIM PROCEDURES:
3 Main interim procedures:
Exception
Application to strike out
An irregular step – application to set aside
An Exception
WHAT:
An exception:
= Legal objection to the CONTENT of the opponent’s
pleading as a WHOLE
Thus it goes to the root of the pleading as a whole
The pleading is not legally valid
Attacks a fatal flaw in the opponents pleading
Applies ONLY to PLEADINGS
Not affidavits
Thus only applicable in the ACTION procedure
TERMINOLOGY:
Excipiable:
Refers to the pleading against which an exception
may be validly taken
Excipient:
Refers to the party taking the exception
Except:
, The party taking the exception, the excipiable,
‘excepts’ to the opposing party’s pleading
Respondent:
Refers to the opposing party against whose pleading
the exception is taken
Upholds:
The exception is granted
Ie: the excipient’s application succeeds
DETAILS:
Regulated by HCR 23(1) and MCR 19(1) – rules are
aligned
An exception = a PLEADING itself
Must comply with requirements for a pleading HCR
18 and MCR 6
Exception procedure may be used where:
The pleading is incapable, on reasonable
interpretation, of revealing a cause of action or
defence as recognised by law
Ie: pleading is not legally valid
Since an exception is a legal objection to a formal and
material defect which applies EX FACIE the pleading – no
facts outside the pleadings may be raised
Ie: no extrinsic evidence is needed
So.. the notice of exception may not contain any
additional averments – and no evidence may be
adduced at the hearing
For the purpose of deciding upon the exception – the
court will assume the truthfulness of the facts
contained in the pleading
Exception VS Special Plea:
Exception = a legal objection to a formal and
material defect which applies ex facie the pleading
Special plea = eg: lack of locus standi – if extrinsic
evidence is required OR if the defect does not apply
ex facie the pleading
UPHOLDING vs REFUSING APPLICATION FOR EXCEPTION:
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller shaly. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R80,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
64438 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now