Rules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa |
1. Purpose and application of rules
3. Duties and office hours of registrars and clerks
4. Applications in terms of sections 57 and 58 of the Act
6. Rules relating to pleadings generally
9. Service of process, notices and other documents
10. Edictal citation and substituted service
13. Notice of intention to defend
19. Exceptions and applications to strike out
21. Replication and plea in reconvention
25. Pre-trial procedure for formulating issues
26. Subpoena, interrogatories and committee de bene esse
27. Withdrawal, dismissal and settlement
28. Intervention, joinder and consolidation of actions
30. Record of proceedings in civil matters
31. Adjournment and postponement
32. Non-appearance of a party - withdrawal and dismissal
37. Second or further warrants
38. Security by judgment creditor
39. General provisions regarding execution
40. Execution against a partnership
41. Execution against movable property
42. Execution against movable property (continued)
43. Execution against immovable property
43A. Enforcement of foreign civil judgments
45. Enquiry into financial position of judgment debtor
47. Attachment of a debt by garnishee order
49. Rescission and variation of judgments
50. Appeals and transfer of actions to magistrate's courts
54. Actions by and against partners
56. Arrests tanquam suspectus de fuga
57. Attachment of property to found or confirm jurisdiction
60. Non-compliance with rules, including time limits and errors
61. Records, entries or documents as evidence in civil matters
63. Filing, preparation and inspection of documents
64. Procedure for securing the attendance of witnesses in criminal cases
68. Oath of office of interpreter
69. Repeal of rules and transitional provisions
70. Short title and commencement
Form 1 : Notice of Motion (Short Form)
Form 1A : Notice of Motion (Long Form)
Form 2A : Provisional Sentence
Form 3 : Summons commencing action
Form 4 : Edictal citation/substituted service :
Form 5 : Request for default judgment
Form 5A : Request for Judgment
Form 5B : Request for Judgment
Form 7 : Notice of Application for Summary Judgment
Form 8 : Affidavit in support of Application for Summary Judgment
Form 9 : Affidavit under Section 32 of the Act
Form 10 : Security under Section 32 of the Act
Form 11 : Order under Section 32 of the Act
Form 12 : Consent to sale of goods attached under Section 32 of the Act
Form 13 : Discovery - form of Affidavit
Form 14 : Notice in terms of Rule 23(5)
Form 15 : Discovery - Notice to Produce
Form 15A : Discovery - Notice to Inspect Documents
Form 15B : Discovery - Notice to Produce Documents in Pleadings, etc
Form 16 : Order for Interdict Obtained ex parte
Form 17 : Order for Arrest of Person suspectus de fuga
Form 18 : Order for Attachment of Property
Form 19 : Direction to Attend Pre-Trial Conference
Form 20 : Order - Pre-Trial Conference
Form 21 : Application for Trial with Assessors
Form 23 : Commissions de bene esse
Form 25 : Warrant for Payment of Fine
Form 26 : Warrant for the Arrest of a Witness in Default
Form 27 : Security on Arrest, Attachment or Interdict ex parte
Form 28 : Security when Execution is Stayed Pending Appeal
Form 29 : Security when Execution is Allowed Pending Appeal
Form 30 : Warrant of Ejectment
Form 31 : Warrant for Delivery of Goods
Form 32 : Warrant for Execution Against Property
Form 33 : Notice of Attachment in Execution
Form 34 : Notice to Preferent Creditor
Form 35 : Interpleader Summons
Form 36 : Interpleader Summons
Form 37 : Security under Rule 38
Form 38 : Emoluments Attachment Order -
Form 39 : Garnishee Order - Section 72 of the Magistrates' Court Act 1944 (Act 32 of 1944)
Form 40 : Notice to Appear in court
Form 40B : Notice to Appear in Court
Form 41 : Notice of Set-down of Postponed Proceedings
Form 42 : Notice in terms of Rule 58(2)(a)
Form 43 : Notice to Third Party
Form 44 : Application for an Administration Order -
Form 45 : Statement of Affairs of Debtor
Form 46 : Certificate of Service of Foreign Process
Form 47 : Notice to Debtor that an Additional Creditor
Form 48 : Notice to Debtor that a Creditor
Form 49 : Notice to add an Additional Creditor
Form 50 : Notice to Creditor that his or her name has been added
Form 51 : Administration Order -
Form 52 : Distribution Account
Form 52A : Rescission of Administration Order -
Form 53 : Notice of Abandonment of Specified Claim, Exception or Defence
Form 54 : Agreement Not to Appeal
Form 55 : Request to Inspect Record
Form 56 : Criminal Record Book
Form 57 : Notice in terms of Section 309B(2)(d)
Annexure 2 : Scale of Costs and Fees
Part III : Defended Actions (and Interpleader Proceedings)
Table C : General Provisions and Tariff of Fees (Sheriffs)
Part I : Sheriffs who are Officers of the Public Service
Part II : Sheriffs who are not Officers of the Public Service
Appendix A : Tariff of Allowances Payable