Court Process Terms

Action proceedings

Civil court proceedings usually started by summons and generally used where disputes may need pleadings, discovery, witnesses, and a trial.

Affidavit

A written statement confirmed under oath or affirmation and used as evidence, support, or proof in legal and administrative processes.

Amendment

A formal change to a pleading, notice, claim, defence, or other court document during civil proceedings.

Applicant

The party who starts application proceedings by asking a court for an order or other relief.

Application proceedings

Civil court proceedings usually started by notice of motion and decided mainly on affidavits rather than oral evidence.

Civil appeal

A process asking a higher court or appeal court to reconsider a civil judgment or order.

Civil review

A civil court process used to review a decision, proceeding, record, or exercise of power rather than rehear the full merits as an appeal.

Civil trial

A court hearing in action proceedings where evidence, witnesses, documents, and legal argument are used to decide a civil dispute.

Claim in reconvention

A defendant's counterclaim against the plaintiff in the same civil action.

Combined summons

A summons that includes or attaches the particulars of claim setting out the plaintiff's case.

Consent judgment

A judgment or court order granted because the parties agree to it, often after settlement or admission of liability.

Consolidation

A procedural step where related cases or proceedings are combined or dealt with together because they overlap in parties, facts, issues, or evidence.

Costs order

A court order deciding who must pay legal costs, or part of the legal costs, connected to a case or application.

Declaration

A formal statement in civil proceedings, often a pleading or requested declaratory outcome, that sets out facts, rights, obligations, or relief.

Default Judgment

A judgment granted when a party does not respond, defend, or take a required court step in time.

Defendant

The party against whom a civil action or claim is brought.

Discovery

A litigation process where parties identify and exchange documents or records relevant to issues in the case.

Exception

A formal objection that a pleading is legally defective even if the facts pleaded are accepted for the purpose of the objection.

Founding affidavit

The main affidavit used by an applicant to start application proceedings and set out the facts, documents, and relief requested.

High Court

A superior court that hears serious civil matters, some appeals, reviews, and matters assigned to it by law.

Interdict

A court order that requires someone to do something, stop doing something, or refrain from threatened conduct.

Intervention

A procedure where a person who is not yet a party asks to join existing court proceedings because the case may affect their rights or interests.

Joinder

The procedural joining of an additional party to existing court proceedings because that party should be involved in the dispute.

Judgment

A court's decision, reasons, or final outcome in a case, often followed by an order that can affect rights or obligations.

Jurisdiction

The legal authority of a court, tribunal, or decision-maker to hear a matter and make a binding decision.

Magistrates Court

A lower court that hears many civil and criminal matters within jurisdiction set by law.

Mandament van spolie

A possessory remedy used to restore possession where someone has been unlawfully dispossessed without a court process.

Notice Of Intention To Defend

A formal notice that tells the plaintiff and court that the defendant intends to defend a civil claim.

Notice Of Motion

The court document that tells the other party what order is requested in an application.

Offer to settle

A proposal made to resolve a dispute on stated terms before or during court proceedings.

Opposing affidavit

An affidavit filed by a respondent or opposing party to answer the allegations and relief requested in application proceedings.

Particulars Of Claim

The pleading that sets out the main facts, legal basis, and relief claimed in a civil action.

Plaintiff

The party who starts civil action proceedings by issuing summons against a defendant.

Plea in civil proceedings

A formal pleading where a defendant answers the plaintiff's particulars of claim in action proceedings.

Pre-trial conference

A procedural meeting or process before trial where parties narrow issues, plan evidence, and prepare the matter for hearing.

Provisional sentence

A summary civil procedure linked to a liquid document where a creditor seeks quick provisional judgment unless the debtor shows a defence.

Replication

A pleading by a plaintiff that replies to new matters or special defences raised in the defendant's plea.

Replying affidavit

An affidavit filed by an applicant to answer the respondent's answering affidavit in application proceedings.

Rescission of judgment

A court process used to ask for a judgment, often a default judgment, to be set aside.

Respondent

A party against whom application proceedings, review proceedings, appeal proceedings, or certain tribunal proceedings are brought.

Return of service

The sheriff's written record showing how, when, and where court papers were served.

Service of process

The formal delivery of court papers or legal documents in a way recognised by court rules.

Set down

The procedural step of placing a matter on a court roll so it can be heard on a specific date.

Sheriff Of The Court

A court-appointed official who serves court documents and carries out certain enforcement steps.

Simple summons

A summons used for certain claims where the cause of action can be stated briefly without full particulars attached upfront.

Small Claims Court

A simplified court route for certain smaller civil claims, subject to the current rules, claim limits, and excluded matter types.

Special plea

A plea that raises a separate legal defence or preliminary issue that may dispose of or limit the claim before the main merits are decided.

Strike out

A court procedure used to remove improper, irrelevant, scandalous, vexatious, or prejudicial material from court papers.

Subpoena

A formal court process requiring a person to attend court, give evidence, or produce documents.

Summary judgment

A procedure where a plaintiff asks for judgment without a full trial because the defence is said to lack merit.

Summons

A formal court document that starts many civil claims and tells the defendant what is being claimed and what response may be required.

Taxation of costs

A court process where a bill of legal costs is assessed by the taxing master or relevant court official.

Third-party notice

A procedural notice used to bring another person or entity into a civil case because they may be liable for contribution, indemnity, or related relief.

Urgent application

Application proceedings brought on shortened time periods because immediate court relief is said to be necessary.

Core definitions

Core terms in this track

Summons

A formal court document that starts many civil claims and tells the defendant what is being claimed and what response may be required.

Affidavit

A written statement confirmed under oath or affirmation and used as evidence, support, or proof in legal and administrative processes.

Notice Of Intention To Defend

A formal notice that tells the plaintiff and court that the defendant intends to defend a civil claim.

Particulars Of Claim

The pleading that sets out the main facts, legal basis, and relief claimed in a civil action.

Default Judgment

A judgment granted when a party does not respond, defend, or take a required court step in time.

Sheriff Of The Court

A court-appointed official who serves court documents and carries out certain enforcement steps.

Notice Of Motion

The court document that tells the other party what order is requested in an application.

Action proceedings

Civil court proceedings usually started by summons and generally used where disputes may need pleadings, discovery, witnesses, and a trial.

Application proceedings

Civil court proceedings usually started by notice of motion and decided mainly on affidavits rather than oral evidence.

Civil appeal

A process asking a higher court or appeal court to reconsider a civil judgment or order.

Civil trial

A court hearing in action proceedings where evidence, witnesses, documents, and legal argument are used to decide a civil dispute.

Combined summons

A summons that includes or attaches the particulars of claim setting out the plaintiff's case.

Costs order

A court order deciding who must pay legal costs, or part of the legal costs, connected to a case or application.

Defendant

The party against whom a civil action or claim is brought.

Discovery

A litigation process where parties identify and exchange documents or records relevant to issues in the case.

Founding affidavit

The main affidavit used by an applicant to start application proceedings and set out the facts, documents, and relief requested.

High Court

A superior court that hears serious civil matters, some appeals, reviews, and matters assigned to it by law.

Interdict

A court order that requires someone to do something, stop doing something, or refrain from threatened conduct.

Judgment

A court's decision, reasons, or final outcome in a case, often followed by an order that can affect rights or obligations.

Jurisdiction

The legal authority of a court, tribunal, or decision-maker to hear a matter and make a binding decision.

Magistrates Court

A lower court that hears many civil and criminal matters within jurisdiction set by law.

Opposing affidavit

An affidavit filed by a respondent or opposing party to answer the allegations and relief requested in application proceedings.

Plea in civil proceedings

A formal pleading where a defendant answers the plaintiff's particulars of claim in action proceedings.

Rescission of judgment

A court process used to ask for a judgment, often a default judgment, to be set aside.

Respondent

A party against whom application proceedings, review proceedings, appeal proceedings, or certain tribunal proceedings are brought.

Return of service

The sheriff's written record showing how, when, and where court papers were served.

Service of process

The formal delivery of court papers or legal documents in a way recognised by court rules.

Simple summons

A summons used for certain claims where the cause of action can be stated briefly without full particulars attached upfront.

Summary judgment

A procedure where a plaintiff asks for judgment without a full trial because the defence is said to lack merit.

Urgent application

Application proceedings brought on shortened time periods because immediate court relief is said to be necessary.

Amendment

A formal change to a pleading, notice, claim, defence, or other court document during civil proceedings.

Applicant

The party who starts application proceedings by asking a court for an order or other relief.

Civil review

A civil court process used to review a decision, proceeding, record, or exercise of power rather than rehear the full merits as an appeal.

Claim in reconvention

A defendant's counterclaim against the plaintiff in the same civil action.

Consent judgment

A judgment or court order granted because the parties agree to it, often after settlement or admission of liability.

Consolidation

A procedural step where related cases or proceedings are combined or dealt with together because they overlap in parties, facts, issues, or evidence.

Declaration

A formal statement in civil proceedings, often a pleading or requested declaratory outcome, that sets out facts, rights, obligations, or relief.

Exception

A formal objection that a pleading is legally defective even if the facts pleaded are accepted for the purpose of the objection.

Intervention

A procedure where a person who is not yet a party asks to join existing court proceedings because the case may affect their rights or interests.

Joinder

The procedural joining of an additional party to existing court proceedings because that party should be involved in the dispute.

Mandament van spolie

A possessory remedy used to restore possession where someone has been unlawfully dispossessed without a court process.

Offer to settle

A proposal made to resolve a dispute on stated terms before or during court proceedings.

Plaintiff

The party who starts civil action proceedings by issuing summons against a defendant.

Pre-trial conference

A procedural meeting or process before trial where parties narrow issues, plan evidence, and prepare the matter for hearing.

Provisional sentence

A summary civil procedure linked to a liquid document where a creditor seeks quick provisional judgment unless the debtor shows a defence.

Replication

A pleading by a plaintiff that replies to new matters or special defences raised in the defendant's plea.

Replying affidavit

An affidavit filed by an applicant to answer the respondent's answering affidavit in application proceedings.

Set down

The procedural step of placing a matter on a court roll so it can be heard on a specific date.

Small Claims Court

A simplified court route for certain smaller civil claims, subject to the current rules, claim limits, and excluded matter types.

Special plea

A plea that raises a separate legal defence or preliminary issue that may dispose of or limit the claim before the main merits are decided.

Strike out

A court procedure used to remove improper, irrelevant, scandalous, vexatious, or prejudicial material from court papers.

Subpoena

A formal court process requiring a person to attend court, give evidence, or produce documents.

Taxation of costs

A court process where a bill of legal costs is assessed by the taxing master or relevant court official.

Third-party notice

A procedural notice used to bring another person or entity into a civil case because they may be liable for contribution, indemnity, or related relief.

Browse all glossary tracks

All terms

Browse this section

Summons

A formal court document that starts many civil claims and tells the defendant what is being claimed and what response may be required.

Affidavit

A written statement confirmed under oath or affirmation and used as evidence, support, or proof in legal and administrative processes.

Notice Of Intention To Defend

A formal notice that tells the plaintiff and court that the defendant intends to defend a civil claim.

Particulars Of Claim

The pleading that sets out the main facts, legal basis, and relief claimed in a civil action.

Default Judgment

A judgment granted when a party does not respond, defend, or take a required court step in time.

Sheriff Of The Court

A court-appointed official who serves court documents and carries out certain enforcement steps.

Notice Of Motion

The court document that tells the other party what order is requested in an application.

Action proceedings

Civil court proceedings usually started by summons and generally used where disputes may need pleadings, discovery, witnesses, and a trial.

Application proceedings

Civil court proceedings usually started by notice of motion and decided mainly on affidavits rather than oral evidence.

Civil appeal

A process asking a higher court or appeal court to reconsider a civil judgment or order.

Civil trial

A court hearing in action proceedings where evidence, witnesses, documents, and legal argument are used to decide a civil dispute.

Combined summons

A summons that includes or attaches the particulars of claim setting out the plaintiff's case.

Costs order

A court order deciding who must pay legal costs, or part of the legal costs, connected to a case or application.

Defendant

The party against whom a civil action or claim is brought.

Discovery

A litigation process where parties identify and exchange documents or records relevant to issues in the case.

Founding affidavit

The main affidavit used by an applicant to start application proceedings and set out the facts, documents, and relief requested.

High Court

A superior court that hears serious civil matters, some appeals, reviews, and matters assigned to it by law.

Interdict

A court order that requires someone to do something, stop doing something, or refrain from threatened conduct.

Judgment

A court's decision, reasons, or final outcome in a case, often followed by an order that can affect rights or obligations.

Jurisdiction

The legal authority of a court, tribunal, or decision-maker to hear a matter and make a binding decision.

Magistrates Court

A lower court that hears many civil and criminal matters within jurisdiction set by law.

Opposing affidavit

An affidavit filed by a respondent or opposing party to answer the allegations and relief requested in application proceedings.

Plea in civil proceedings

A formal pleading where a defendant answers the plaintiff's particulars of claim in action proceedings.

Rescission of judgment

A court process used to ask for a judgment, often a default judgment, to be set aside.

Respondent

A party against whom application proceedings, review proceedings, appeal proceedings, or certain tribunal proceedings are brought.

Return of service

The sheriff's written record showing how, when, and where court papers were served.

Service of process

The formal delivery of court papers or legal documents in a way recognised by court rules.

Simple summons

A summons used for certain claims where the cause of action can be stated briefly without full particulars attached upfront.

Summary judgment

A procedure where a plaintiff asks for judgment without a full trial because the defence is said to lack merit.

Urgent application

Application proceedings brought on shortened time periods because immediate court relief is said to be necessary.

Amendment

A formal change to a pleading, notice, claim, defence, or other court document during civil proceedings.

Applicant

The party who starts application proceedings by asking a court for an order or other relief.

Civil review

A civil court process used to review a decision, proceeding, record, or exercise of power rather than rehear the full merits as an appeal.

Claim in reconvention

A defendant's counterclaim against the plaintiff in the same civil action.

Consent judgment

A judgment or court order granted because the parties agree to it, often after settlement or admission of liability.

Consolidation

A procedural step where related cases or proceedings are combined or dealt with together because they overlap in parties, facts, issues, or evidence.

Declaration

A formal statement in civil proceedings, often a pleading or requested declaratory outcome, that sets out facts, rights, obligations, or relief.

Exception

A formal objection that a pleading is legally defective even if the facts pleaded are accepted for the purpose of the objection.

Intervention

A procedure where a person who is not yet a party asks to join existing court proceedings because the case may affect their rights or interests.

Joinder

The procedural joining of an additional party to existing court proceedings because that party should be involved in the dispute.

Mandament van spolie

A possessory remedy used to restore possession where someone has been unlawfully dispossessed without a court process.

Offer to settle

A proposal made to resolve a dispute on stated terms before or during court proceedings.

Plaintiff

The party who starts civil action proceedings by issuing summons against a defendant.

Pre-trial conference

A procedural meeting or process before trial where parties narrow issues, plan evidence, and prepare the matter for hearing.

Provisional sentence

A summary civil procedure linked to a liquid document where a creditor seeks quick provisional judgment unless the debtor shows a defence.

Replication

A pleading by a plaintiff that replies to new matters or special defences raised in the defendant's plea.

Replying affidavit

An affidavit filed by an applicant to answer the respondent's answering affidavit in application proceedings.

Set down

The procedural step of placing a matter on a court roll so it can be heard on a specific date.

Small Claims Court

A simplified court route for certain smaller civil claims, subject to the current rules, claim limits, and excluded matter types.

Special plea

A plea that raises a separate legal defence or preliminary issue that may dispose of or limit the claim before the main merits are decided.

Strike out

A court procedure used to remove improper, irrelevant, scandalous, vexatious, or prejudicial material from court papers.

Subpoena

A formal court process requiring a person to attend court, give evidence, or produce documents.

Taxation of costs

A court process where a bill of legal costs is assessed by the taxing master or relevant court official.