PRACTICE MANUAL OF THE SOUTH GAUTENG HIGH COURT

CHAPTER SIX: CIVIL TRIALS

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Where a party or the parties to a trial intend utilising documents in their conduct of the trial such documents must be collated, numbered consecutively and suitably bound.
Each bundle must be indexed. The index must briefly describe each document in the bundle as a separate item.
The parties should preferably agree upon a joint bundle of documents. Where the parties are unable to agree upon a joint bundle, the parties must agree which party’s bundle shall be the dominant bundle. The subservient bundle or bundles must not contain documents contained in the dominant bundle or bundles.
The documents should not be bound in volumes of more than 120 pages.
The bundle of documents must be bound in a manner that does not hinder the turning of pages and which enables it to remain open without being held open.
The parties must agree prior to the commencement of the trial upon the evidential status of the documents contained in the bundle. This agreement must be contained in a pre-trial minute. The agreement must also cover the issue as to which document will be part of the record before the court, to deal with the eventuality of an appeal.
If unnecessary documents are included in the bundle the court may on the application of any party to the trial, or mero motu, make a punitive cost order in respect thereof.