HIGH COURT RULES Flashcards
What is rule 18?
Rules relating to pleadings generally.
What is rule 18(5)?
When in any pleading a party denies an allegation of fact in the previous pleading of the opposite party, he or she shall not do so evasively, but shall answer the point of substance.
What is rule 18(12)?
If a party fails to comply with any of the provisions of this rule, such pleading shall be deemed to be an irregular step and the opposite party shall be entitled to act in accordance with rule 30.
What is rule 30 about?
Irregular proceedings.
What does rule 30(1) hold?
A party to a cause in which an irregular step has been taken by any other party may apply to court to set it aside.
What is rule 19 about?
NOI to Defend.
What does rule 19(1) hold?
Barring a claim in reconvention, the defendant in every civil action shall be allowed 10 days, after service of summons on such defendant, within which to deliver a notice of intention to defend, either personally or through an attorney: Provided that the days between 16 December and 15 January, both inclusive, shall not be counted in the time allowed within which to deliver a notice of intention to defend.
What is rule 22 about?
Plea.
What does rule 22(1) hold?
Where a defendant has delivered notice of intention to defend, he shall within 20 days after the service upon him of a declaration or within 20 days after delivery of such notice in respect of a combined summons, deliver a plea with or without a claim in reconvention, or an exception with or without application to strike out.
What is rule 24 about?
Claim in reconvention.
What is rule 25 about?
Replication and plea in reconvention.
What does rule 25(1) hold?
Within 15 days after the service upon him of a plea and subject to sub-rule (2) hereof, the plaintiff shall where necessary deliver a replication to the plea and a plea to any claim in reconvention, which plea shall comply with rule 22.
What is rule 29 about?
Close of pleadings and notice of set down of trials.
