MCR

Question 1

What are the steps for an application under Rule 55?

Answer 1

NADA-FR
N – Notice
A – Affidavit
D – Delivery to parties
A – Answering affidavit
F – Further affidavit
R – Request hearing

Question 2

What are the key stages of trial under Rules 22–33?

Answer 2

SNOTED-WCJ
S – Set-down notice
N – Notice to meet (pre-trial)
O – Opening statement
T – Trial issues
E – Examination of witnesses
D – Defendant leads
W – Witnesses managed
C – Closing arguments
J – Judgment

Question 3

What are the uses of Rules 56–57 (ISA)?

Answer 3

ISA = Interdict / Spoliation / Attachment
Used for urgent interim relief to protect possession or property, follows Rule 55 procedure

Question 4

What does Rule 34 + Annexure 2 say about legal costs?

Answer 4

TAX VANS
T – Taxation allowed
A – Account required
X – Extra work vouched
V – VAT allowed
A – Any party can request
N – Notice in writing
S – Sheriff’s tariff in Annexure

Question 5

What does Rule 12 cover in civil procedure?

Answer 5

Default Judgment – DID JUDGE
D – Defendant fails to respond
I – If barred, apply
D – Duplicate request
JUDGE – Judgment granted/refused

Question 6

When can summary judgment be requested under Rule 14?

Answer 6

SLICED
S – Served plea
L – Liquid claim
I – Identify facts
C – Copy of document
E – Evidence = affidavit
D – Defendant defends

Question 7

What are the steps in Rule 36 for executing judgment?

Answer 7

WARPED
W – Warrant issued
A – Addressed to sheriff
R – Reissued if needed
P – Party may withdraw
E – Errors ≠ void
D – Default ≠ leave

Question 8

How is a default judgment rescinded under Rule 49?

Answer 8

RAP VOID
R – Rescission possible (20 days)
A – Affidavit needed
P – Plaintiff consent
V – Void/fraud/mistake = 1 yr
O – Others may apply
I – In writing
D – Default judgment focus

Question 9

What is required under Rules 50–51 for appeal?

Answer 9

NOTE SET RECORD
NOTE – Notice of appeal
SET – Set down date
RECORD – File full record including judgment

Question 10

What does Rule 37 cover for garnishee orders?

Answer 10

GET GARNISHEE
G – Garnishee order
E – Executed by sheriff
T – Time-bound
GARNISHEE – Reissue allowed with court approval

Question 11

What is required under Rule 46 for emoluments attachment?

Answer 11

GARNISH PAY
G – Garnishee employer
A – Amount ordered
R – Regular deductions
N – Notice to employer
I – Issued by court
S – Served
H – Hearing optional
P – Pays to clerk
A – Application by creditor
Y – You inform debtor