Summary
Summary Chapter 18
- Course
- Law of civil procedure
- Institution
- University Of Johannesburg (UJ)
Detailed summary of chapter 18 from the fundamental principles of civil procedure textbook
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CHAPTER 18 – PREPARATIONFOR TRIAL
Introduction
GENERAL:
S34 deals with reasonable access to courts:
Everyone has the right to have any dispute that can
be resolved by the application of law
Decided in a fair public hearing before a court or,
where appropriate, another independent and
impartial tribunal or forum
PRE-TRIAL STAGE:
Begins after litis contestatio
Duty of the legal representative towards his client in
the pre-trial stage:
To ensure that all the steps are properly taken and
both a procedural level and substantive level
A formal preparation for trial entails:
Compliance with all the court rules
Compliance with all the prescriptions of substantial
law
It also includes informal preparations such as planning
strategy and consultation with the witnesses
Cases are proven by means of facta probantia – thus
there are important rules for a number of pre-trial
processes for the purpose of securing sufficient fact
probantia – these pre-trial processes are:
Discovery of documents
Disclosure of expert witnesses, medical reports,
examination of objects
, Inspection of plans, diagrams, models or
photographs
Further particulars for the purpose of trial
Witness subpoena
Preparation for Trial Steps
GENERAL:
Various pre-trial steps:
Step 1 - Obtain a trial date
Step 2 – Instruct counsel
Step 3 – Discovery of documents
Step 4 – Medical examinations
Step 5 – Examination of object
Step 6 – Ordinary witnesses
Step 7 – Expert witnesses
Step 8 - Plans, diagrams, models and photographs
Step 9 – Further particulars
Step 10 – Pre-trial conference
Step 11 – Index and pagination
Step 1 - Obtain a Trial Date
GENERAL:
Must obtain a trial date – cannot chose own
Done by way of enrolment and set-down
ENROLMENT vs SET-DOWN
After litis contestatio the matter must be enrolled and
set-down for trial
This entails obtaining a trial date from the registrar
or clerk of the court and
Giving the opposing party written notice of the date
Enrolment = request date from court
&
Set-down = give written notice of the trial date
ENROLMENT:
, Request for trial date:
Is usually done by the plaintiff as dominis litis
May also be requested by the defendant if the
plaintiff fails to do so within the prescribed time limit
(15 court days)
Sometimes defendant can even approach the court
to have the case set aside
ENROLMENT & SET-DOWN IN THE HC:
Not provided for in the Uniform Rules of Court
Each HC has their own rules and practice directions
dealing with enrolment and set-down of matters
South Gauteng HC procedure:
Matter is enrolled by entering the required
particulars of a matter into the trial register, kept by
the registrar
Matter must be enrolled within 6 weeks after litis
contestatio
Party enrolling the matter must give the opposing
party notice of the enrolment
Registrar will then notify each party of the date on
which the trial is set down for hearing
Notice of set-down from registrar:
Must be sent to party by registered post to the
address given for service of proceedings
Or if party has furnished a telefax number, notice
can be given by telefax, provided that the telefax
service the notice was sent from provides proof of
receipt
Party receiving notice of set-down of the trial date from
the registrar:
Must give notice in writing, within 7 days of receipt
of hearing date, to all other parties in the matter
ENROLMENT & SET-DOWN IN THE MC:
Slightly different to HC
It is provided for in MCR 22 & 27(5)
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