Civil Procedure

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Expert Contributors
BRENDA NEUKIRCHER

Brenda Neukircher has been a member of the Pretoria Bar since 1990 and has been Senior Counsel since 2006. She specialises in administrative law, more especially procurement issues, matrimonial law and commercial law. Brenda has been appointed as an acting Judge in the North Gauteng High Court since 2002 where she has presided over various matters. Brenda is, at present, a Vice-chairperson of the Independent Regulatory Board for Auditors Disciplinary Committee. Brenda has also co-authored the LexisNexis publication High Court Motion Procedure.

ROSS GARLAND

BA LLB (University of Kwazulu-Natal) BCL (University of Oxford) Advocate of the High Court of South Africa Member of the KZN Bar With a background in constitutional and international law, Ross has a mixed litigation practice of public law and general commercial law. His particular areas of interest and expertise are administrative, labour, and contractual law. Previously a member of the Cape Bar, he currently practices in Durban

LIEZL HAUPT

Liezl Haupt was admitted as an advocate in 1995 and has been a member of the Pretoria Bar since 1999, where she specialises in children's' rights and family law. She holds a B Comm (Law) LLB from the University of Johannesburg (previously RAU) and a doctorate in private law from the University of the North West (previously the Potchefstroom University for CHE), where she lectured in estoppel and enrichment prior to embarking on her career as an advocate. During this time she also spent 6 months as a research fellow at the Justus Liebig Universitat Giessen in Giessen, Germany. Liezl is further involved in pupil training at the Pretoria Bar.

SONIKA MENTZ

Sonika Mentz is a member of the Pretoria Bar with a specific interest in commercial matters, and has a general civil commercial practice. Prior to joining the Bar in 2007 she worked in London for several years as a contracts negotiator, where she facilitated and drafted contracts between academia and industry. During this time she obtained a post-graduate diploma in international commercial arbitration from Queen Mary College, University of London, as well as an LLM from the University of London. Sonika is also involved in the advocacy training programme at the Pretoria Bar.

 
Civil procedure. Table of contents.
  • Appropriate forum
  • Appropriate procedure
  • Jurisdiction
  • Parties to the proceedings
  • Instituting action
  • Process after service of summon
  • Sui Generis Actions
  • Other pleadings
  • Defensive pleadings and non-compliance with the rules
  • Discovery
  • Procedures following close of pleadings to trial
  • General
  • Deciding what application to launch
  • Notice of motion
  • Founding affidavit
  • Service
  • Opposing/answering affidavit
  • Replying affidavit
  • Further affidavits
  • Unopposed applications
  • Opposed applications
  • Non-compliance with the rules
  • In terms of the rules
  • Other applications
  • General
  • Application for leave to appeal
  • Appeals
  • Reviews
  • General
  • Time frame
  • What may be attached
  • What may not be attached
  • Writ of execution
  • Attachment and execution against movables
  • Attachment and execution against immovable property
  • Enforcement outside the Republic of South Africa
  • Other forms of execution
  • Forms and precedents (see link)

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