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Knowledge track
Court Process Terms
Summons, affidavits, applications, judgments, enforcement, and court procedure terms.
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01
Court Process TermsFeatured
Action proceedings
Civil court proceedings usually started by summons and generally used where disputes may need pleadings, discovery, witnesses, and a trial.
Read definition02Court Process TermsFeatured
Affidavit
A written statement confirmed under oath or affirmation and used as evidence, support, or proof in legal and administrative processes.
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Amendment
A formal change to a pleading, notice, claim, defence, or other court document during civil proceedings.
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Applicant
The party who starts application proceedings by asking a court for an order or other relief.
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Application proceedings
Civil court proceedings usually started by notice of motion and decided mainly on affidavits rather than oral evidence.
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Civil appeal
A process asking a higher court or appeal court to reconsider a civil judgment or order.
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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.
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Civil trial
A court hearing in action proceedings where evidence, witnesses, documents, and legal argument are used to decide a civil dispute.
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Claim in reconvention
A defendant's counterclaim against the plaintiff in the same civil action.
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Combined summons
A summons that includes or attaches the particulars of claim setting out the plaintiff's case.
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Consent judgment
A judgment or court order granted because the parties agree to it, often after settlement or admission of liability.
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Consolidation
A procedural step where related cases or proceedings are combined or dealt with together because they overlap in parties, facts, issues, or evidence.
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Costs order
A court order deciding who must pay legal costs, or part of the legal costs, connected to a case or application.
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Declaration
A formal statement in civil proceedings, often a pleading or requested declaratory outcome, that sets out facts, rights, obligations, or relief.
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Default Judgment
A judgment granted when a party does not respond, defend, or take a required court step in time.
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Defendant
The party against whom a civil action or claim is brought.
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Discovery
A litigation process where parties identify and exchange documents or records relevant to issues in the case.
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Exception
A formal objection that a pleading is legally defective even if the facts pleaded are accepted for the purpose of the objection.
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Founding affidavit
The main affidavit used by an applicant to start application proceedings and set out the facts, documents, and relief requested.
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High Court
A superior court that hears serious civil matters, some appeals, reviews, and matters assigned to it by law.
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Interdict
A court order that requires someone to do something, stop doing something, or refrain from threatened conduct.
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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.
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Joinder
The procedural joining of an additional party to existing court proceedings because that party should be involved in the dispute.
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Judgment
A court's decision, reasons, or final outcome in a case, often followed by an order that can affect rights or obligations.
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Jurisdiction
The legal authority of a court, tribunal, or decision-maker to hear a matter and make a binding decision.
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Magistrates Court
A lower court that hears many civil and criminal matters within jurisdiction set by law.
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Mandament van spolie
A possessory remedy used to restore possession where someone has been unlawfully dispossessed without a court process.
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Notice Of Intention To Defend
A formal notice that tells the plaintiff and court that the defendant intends to defend a civil claim.
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Notice Of Motion
The court document that tells the other party what order is requested in an application.
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Offer to settle
A proposal made to resolve a dispute on stated terms before or during court proceedings.
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Opposing affidavit
An affidavit filed by a respondent or opposing party to answer the allegations and relief requested in application proceedings.
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Particulars Of Claim
The pleading that sets out the main facts, legal basis, and relief claimed in a civil action.
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Plaintiff
The party who starts civil action proceedings by issuing summons against a defendant.
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Plea in civil proceedings
A formal pleading where a defendant answers the plaintiff's particulars of claim in action proceedings.
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Pre-trial conference
A procedural meeting or process before trial where parties narrow issues, plan evidence, and prepare the matter for hearing.
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Provisional sentence
A summary civil procedure linked to a liquid document where a creditor seeks quick provisional judgment unless the debtor shows a defence.
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Replication
A pleading by a plaintiff that replies to new matters or special defences raised in the defendant's plea.
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Replying affidavit
An affidavit filed by an applicant to answer the respondent's answering affidavit in application proceedings.
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Rescission of judgment
A court process used to ask for a judgment, often a default judgment, to be set aside.
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Respondent
A party against whom application proceedings, review proceedings, appeal proceedings, or certain tribunal proceedings are brought.
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Return of service
The sheriff's written record showing how, when, and where court papers were served.
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Service of process
The formal delivery of court papers or legal documents in a way recognised by court rules.
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Set down
The procedural step of placing a matter on a court roll so it can be heard on a specific date.
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Sheriff Of The Court
A court-appointed official who serves court documents and carries out certain enforcement steps.
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Simple summons
A summons used for certain claims where the cause of action can be stated briefly without full particulars attached upfront.
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Small Claims Court
A simplified court route for certain smaller civil claims, subject to the current rules, claim limits, and excluded matter types.
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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.
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Strike out
A court procedure used to remove improper, irrelevant, scandalous, vexatious, or prejudicial material from court papers.
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Subpoena
A formal court process requiring a person to attend court, give evidence, or produce documents.
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Summary judgment
A procedure where a plaintiff asks for judgment without a full trial because the defence is said to lack merit.
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Summons
A formal court document that starts many civil claims and tells the defendant what is being claimed and what response may be required.
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Taxation of costs
A court process where a bill of legal costs is assessed by the taxing master or relevant court official.
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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.
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Urgent application
Application proceedings brought on shortened time periods because immediate court relief is said to be necessary.
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