Special Investigating Units and Special Tribunals Act, 1996
R 385
Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa22. Set-down of trial |
| (1) | The trial of an action shall be subject to the delivery by the plaintiff, after the pleadings have been closed, of notice of trial for a day or days approved by the registrar or clerk of the court: Provided that, if the plaintiff does not within 15 days after the pleadings have been closed deliver notice of trial, the defendant may do so. |
| (2) | The delivery of notice of trial shall ipso facto operate to set down for trial at the same time any claim in reconvention made by the defendant. |
| (3) | Delivery of notice of trial shall be effected at least 20 days before the day so approved. |
| (4) | On receipt of an application for a trial date the registrar or clerk of the court shall draw the court file and take it to the magistrate to enable the magistrate to consider whether a pre-trial conference in terms of section 54 of the Act is necessary: Provided that the trial date shall be allocated within 10 days of receipt of the application for trial date. |
| (5) | In divorce actions, notwithstanding anything in this rule contained, the registrar of the court shall at the written request of the plaintiff set the action down for hearing at the time and place and on a date to be fixed by the registrar of the court, if the defendant has— |
| (a) | failed to deliver notice of intention to defend; or |
| (b) | failed to deliver a plea after receiving a notice in terms of rule 12(1)(b); or |
| (c) | given written notice to the plaintiff and the registrar or clerk of the court that he or she does not intend defending the action, |
but no notice of such request or set down need be served on the defendant.
| (6) | When an undefended divorce action is postponed the action may be continued before another court notwithstanding that evidence has been given. |
