Magistrates Court Forms

 

MAGISTRATES COURTS ACT 32 OF 1944

 

FORMS RELATED TO THE RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE MAGISTRATES' COURTS OF SOUTH AFRICA - GN R740/2010

 

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SUMMARY OF FORMS

NO.

HEADING

Section

1

Notice of motion (short form)

 

1A

Notice of motion (long form)

 

1B

Notice of application to declare immovable property executable in terms of Rule 43A

 

1C

Notice of Motion (Short Form, for Interlocutory or other applications incidental to pending proceedings)

 

2

Simple Summons

 

2A

Summons: provisional sentence

 

2B

Combined summons

 

2C

Combined summons: Divorce Actions

 

3

Summons (in which is included an automatic rent interdict)

 

4

Edictal citation/substituted service: short form of process

 

5

Request for default judgment

 

5A

Request for default judgment where the defendant has admitted liability and undertaken to pay the debt in instalments or otherwise - Section 57 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Section 57 of the Magistrates' Courts Act, 1944 (Act no. 32 of 1944)

5B

Request for judgment where the defendant has consented to judgment - Section 58 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Section 58 of the Magistrates' Courts Act, 1944 (Act no. 32 of 1944)

5C

Application for rescission of judgment in terms of Section 36(3) of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

 

6

Notice of withdrawal of action / application

 

7

Notice of application for summary judgment

 

8

..........

 

9

Affidavit under Section 32 of the Act

 

10

Security under Section 32 of the Act

 

11

Order under Section 32 of the Act

 

12

Consent to sale of goods attached under Section 32 of the Act

 

13

Discovery - form of affidavit

 

14

Notice in terms of Rule 23(5)

 

15

Discovery - notice to produce

 

15A

Discovery - notice to inspect documents

 

15B

Discovery - notice to produce documents in pleadings, etc

 

16

Order for interdict obtained ex parte

 

17.

..........

 

18

Order for attachment of property to found or confirm jurisdiction

 

19

Direction to attend pre-trial conference

 

20

Order - pre-trial conference

 

21

Application for trial with assessors

 

22

Summons to assessor

 

23

Commissions de bene esse

 

24

Subpoena

 

24A

Subpoena duces tecum

 

25

Warrant for payment of fine or arrest of witness in default

 

26

Warrant for the arrest of a witness in default

 

27

Security on attachment or interdict ex parte

 

28

Security when execution is stayed pending appeal

 

29

Security when execution is allowed pending appeal

 

30

Warrant of ejectment

 

31

Warrant for delivery of goods

 

32

Warrant of execution against property

 

33

Notice of attachment in execution

 

33A

Conditions of sale in execution of immovable property

 

33B

Notice to cancel sale of immovable property in terms of Rule 43(11)(a)

 

34

Notice in terms of Rule 43(5)

[Section 66(2)(a) of the Act]

35

Interpleader summons

[Section 69(1) of the Act]

36

Interpleader summons

[Section 69(2) of the Act]

37

Security under Rule 38

 

37A

Security under Rule 41(15)

 

38

Emoluments attachment order

 

38A

Notice of intention to issue an Emoluments Attachment Order - Section 65J(2A) of the Magistrates' Courts Act 1944 (Act 32 of 1944)

 

39

Garnishee order

 

40

Notice to appear in court in terms of Section 65A(1) of the Act

 

40A

Warrant of arrest in terms of Section 65A(6) of the Act

 

40B

Notice to appear in court in terms of Section 65A(8)(b) of the Act

 

41

Notice of set-down of postponed proceedings under Section 65E(3) of the Act

 

42

Notice in terms of Rule 58(2)(a)

 

43

Notice to third party

 

44

Application for an administration order under Section 74(1) of the Act

 

45

Statement of affairs of debtor in an application for an administration order in terms of Section 65I(2) or 74A of the Act

 

46

Certificate of service of foreign process

 

47

Notice to debtor that an additional creditor has lodged a claim against him or her for a debt owing before the making of the administration order

 

48

Notice to debtor that a creditor has lodged a claim for a debt owing after granting of the administration order

 

49

Notice to add an additional creditor to the list of creditors of a person under administration

 

50

Notice to creditor that his or her name has been added to the list of creditors of a person under administration

 

51

Administration order

 

52

Distribution account in terms of Section 74J(5) of the Act

 

52A

Rescission of an administration order

 

53

Notice of abandonment of specified claim, exception or defence

 

54

Agreement not to appeal

 

55

Request to inspect record

 

56

Criminal record book

 

57

Notice in terms of Section 309B(2)(d) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977)

 

58

Notice of intention to tax bill of costs in terms of rule 33(15)(b)

 

59

Notice to alleged member, partner or proprietor

 

60A

Notice in terms of Section 309B(2)(d) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977)

 

60B

Notice in terms of Section 309B(2)(d) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977)

 

61

Subpoena in criminal proceedings