PRACTICE MANUAL OF THE SOUTH GAUTENG HIGH COURT

Practice Manual of the South Gauteng High Court
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CHAPTER NINE: MOTION COURT

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9.22 STRIKING FROM THE ROLL

  1. If there is no appearance when a matter is called in court 2 it may there and then be struck from the roll.
  2. If there is no appearance when a matter is called in court 3, and court 2 has completed its roll, it may there and then be struck from the roll.
  3. In all other matters if there is no appearance when the matter is called, it may there and then be struck from the roll.
  4. If a matter has been struck from the roll, counsel in the course of the week in which the matter was struck from the roll, may seek that the matter be re-enrolled. The matter will only be re-enrolled if a proper explanation for non-appearance is given. In appropriate circumstances the explanation must be on oath.
  5. If a matter has been struck from the roll it may only be re-enrolled for a subsequent week if simultaneous with the filing of the J118, an affidavit explaining the previous non-appearance is filed.
  6. The negligence or ignorance of the provisions of the practice manual of counsel or legal representative will not necessarily constitute an acceptable explanation for the non-appearance.
  7. Where the applicant or plaintiff has failed to file a practice note and/or heads of argument where they are required in terms of the practice manual, the relevant matter may be struck from the roll.

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