CIV exam questions and answers

MAGISTRATES PROCEDURE: 1. Discuss the requirements for the supporting affidavit which must be filed by the plaintiff together with the notice for summary judgment. (5) There are three requirements which must be compli ...

MAGISTRATES PROCEDURE: 1. Discuss the requirements for the supporting affidavit which must be filed by the plaintiff together with the notice for summary judgment. (5) There are three requirements which must be complied with in terms of Rule 14(2) of the Magistrates’ Court Rules: (1) firstly the affidavit must be signed by the plaintiff personally and he or she must state that he or she has personal knowledge of the facts; or in the case of a legal person, it must be signed by someone who alleges that he or she is duly authorised to make the affidavit; in addition, he or she must state his or her capacity in respect the plaintiff and that he or she has personal knowledge of the facts. (2) Secondly the plaintiff must verify or confirm the amount or cause of action. (3) Lastly, the deponent must state that in his or her belief there is no bona fide defence to the claim and that appearance has been entered solely for the purposes of delaying the action. 2. Set out five (5) matters that can be discussed at a pre-trial conference. (5) The court may at any stage in any legal proceedings in its discretion or upon the request in writing of either party direct the parties or their representatives to appear before it in chambers for a pre-trial conference. The following issues/matters are addressed at a pre-trial conference: 1. the simplification of issues; 2. the necessity or desirability of amendments to the pleadings; 3. the possibility of obtaining admissions of fact and documents with a view to avoiding unnecessary proof; 4. the limitation of the number of expect witnesses; 5. Such other matters as may aid the disposal of the action in the most expeditious and least costly manner. 3. C and D are involved in a motor vehicle collision in JHB. C estimates his damages at R80 000. D wishes to defend the action. (a) D notices that the summons contains insufficient information. What steps can D take to rectify the error in the summons? (1) Rule 55A (b) Name 5 particulars that C’s summons must contain in terms of Rules 5 and 6 of the Magistrate’s Court rules. (5) o the dies induciae o a warning of the consequences which will result if the defendant fails to comply with the request in the summons o a notice of consent to judgment o a notice of intention to defend o a notice drawing the defendant’s attention to the provisions of S109 of the act o a notice in which the defendant’s attention is drawn to S57, 58, 65A and 65D o the address at which the plaintiff will receive pleadings o a description of the parties o averment in respect of jurisdiction