| 1. |
As a general rule, part-heard trials should be avoided.
Accordingly no trial should be commenced with where any issue or consideration
exists to the knowledge of counsel that would interfere with the completion
of the trial. |
| 2. |
A judge hearing a trial will be most reluctant to postpone
a trial which will result in a part-heard trial. |
| 3. |
Where a trial is part-heard, a date for the continuation
thereof must be applied for by delivering a letter to the registrar marked
for the attention of the Deputy Judge President. This letter must set
out - |
| |
3.1 |
the names of the parties to the action and the case number;
|
| |
3.2 |
the name of the judge before whom the trial became part-heard;
|
| |
3.3 |
the date when the trial became part-heard;
|
| |
3.4 |
an estimate of the probable duration for the completion of the
trial; |
| |
3.5 |
whether a copy of the record of the part-heard portion of the trial
is available. |
| 4. |
If the letter referred to in the previous paragraph is
not a joint letter from all the parties to the trial, proof that a copy
of the letter has been forwarded to the other party or parties to the
trial, must be provided. |
| 5. |
A party who is in receipt of a letter referred to in paragraph
4 above, and who wishes to make representations in respect thereof, may
do so forthwith by delivering a letter to the registrar for the attention
of the Deputy Judge President. A copy of the letter must be delivered
to all other parties to the trial and proof thereof must be provided. |
| 6. |
The Deputy Judge President shall inform the parties in
writing of the date allocated for the completion of the trial. |
| 7. |
After being informed of the trial date, all the parties
to the trial must comply with Transvaal Rule 7 (5). |
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