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Small Claims Courts Act, 1984 (Act No. 61 of 1984)

Rules

Rules Regulating Matters in respect of Small Claims Courts

3. Duties of the clerk of the court

 

(1) The summons filed in a case shall be numbered by the clerk of the court with a consecutive number for the year and recorded in a register.

 

(2) Every document afterwards served or delivered in such case shall be marked with such number by the party delivering it and shall not be received by the clerk of the court until so marked.

 

(3) All process delivered to the clerk of the court to be filed of record and any process of the court shall be filed of record under the number of the respective action.

 

(4) Copies of such records may be made by any person in the presence of the clerk of the court.

 

(5) It shall be the duty of the clerk of the court to sign (manually or by facsimile of his signature), date and issue all such process of the court as may be sued out by any person entitled thereto.

[Rule 3(5) substituted by rule 4 of Notice No. R. 851 of 1991]

 

(6) Any act or notice to be performed or signed by the clerk of the court in terms of these rules may be performed or signed by a legal assistant or a commissioner except that no commissioner shall write out a statement or process for any party.