| 1. |
The motion court roll for a particular week closes at
12h00 on the Thursday preceding the week. If the Thursday is a public
holiday the roll closes one day earlier. |
| 2. |
In order to enrol a matter in the motion court, the
form referred to as J118, must be properly completed. A
specimen J118 form is annexed hereto marked "A". The J118 must not
be altered in any respect. |
| 3. |
When completing the J118 particular attention must be
given to the indication of whether the matter is opposed or unopposed
and the designation of the type of matter. If the matter does not fall
within any of the type of matters set out on the J118, the designation
"O" for
other must be utilised. In addition to inserting an "O" alongside
"Case type (see OPTIONS)", the type of the matter must be
set out in the open block under the heading "(OPTIONS)". |
| 4. |
If at the time of enrolment it is known that the matter
is not proceeding on its merits, the J118 must be endorsed with the words “NOT
PROCEEDING ON MERITS” in the block alongside “U” (unopposed)
/ (opposed)”. |
| 5. |
If the J118 is utilised to enrol an application for
default judgment, the following must appear in a document attached to
the J118: |
| |
5.1 |
The date of service of the summons. |
| |
5.2 |
The dies induciae allowed in the summons. |
| |
5.3 |
The date when the dies induciae lapsed. |
| |
5.4 |
A statement that no notice of intention to defend was
given. |
| |
5.5 |
The precise relief sought. |
| 6. |
If the J118 is utilised to enrol an application for summary
judgment, the following information must appear in a document attached
to the J118: |
| |
6.1 |
The date of delivery of the notice of intention to defend. |
| |
6.2 |
The date on which the application for summary judgment
was delivered. |
| |
6.3 |
If applicable, a statement that no opposing affidavit was
filed. |
| |
6.4 |
The precise relief sought. |
| 7. |
If the J118 is utilised to enrol an action for provisional
sentence, the following information must appear in a document attached
to the J118: |
| |
7.1 |
The date of service of the provisional sentence summons. |
| |
7.2 |
A statement that no opposing affidavit was filed. |
| |
7.3 |
The precise relief sought. |
| 8. |
If the J118 is utilised to enrol an application in which notice
of intention to oppose was given but no answering affidavit was filed,
the following information must appear in a document attached to the J118: |
| |
8.1 |
The date on which notice of intention to appose was given. |
| |
8.2 |
The date by which the answering affidavit had to be filed. |
| |
8.3 |
A statement that no answering affidavit was filed. |
| 9. |
If the J118 is utilised to enrol any other unopposed application,
except an ex parte application, the following information must appear
in a document attached to the J118: |
| |
9.1 |
The date of service of the application. |
| |
9.2 |
The date by when notice of intention to oppose was to be given. |
| |
9.3 |
A statement that no notice of intention to oppose was given. |
| 10. |
It is emphasised that the J118 must be utilised to
enrol the matter irrespective of any notice of set down or notice of
motion that may have been utilised in the matter. Any such notice of
set down or notice of motion must indicate that the matter will be heard
at 9h30 or so soon thereafter as the matter may be heard. |
| |
|
| |
Click
here to Download Annexure A - a specimen J118 form in
PDF format. |
| |
Click
here to Download Annexure A - a specimen J118 form in
MS Word format |
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