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Action proceedings

Civil case started by summons where facts may be disputed.

Affidavit

A sworn written statement used as evidence or support in legal proceedings.

Amendment

Changing pleadings or documents with proper notice or permission.

Applicant

Person asking court for relief in application proceedings.

Application proceedings

Case started by notice of motion and affidavit evidence.

Civil appeal

Asking a higher court to change a judgment.

Civil review

Asking a court to examine legality or procedure of a decision.

Civil trial

Hearing where witnesses and evidence are presented.

Claim in reconvention

Counterclaim by the defendant against the plaintiff.

Combined summons

Summons with particulars of claim attached.

Consent judgment

Judgment granted because the defendant agreed to it.

Consolidation

Combining related cases to be heard together.

Costs order

Order saying who must pay legal costs.

Declaration

Plaintiffs fuller statement of claim after a defended summons.

Default Judgment

Judgment granted when a party fails to respond or defend in time.

Defendant

Person or entity being sued in an action.

Discovery

Exchange of relevant documents before trial.

Exception

Objection that a pleading is legally defective.

Founding affidavit

First sworn statement setting out the applicants facts.

High Court

Superior court for serious, high-value, complex, or inherent-jurisdiction matters.

Interdict

Court order stopping or requiring specific conduct.

Intervention

Non-party asks to join because the order affects them.

Joinder

Adding a party who must be part of the case.

Judgment

Courts decision or order.

Jurisdiction

Courts legal power to hear a case.

Magistrates Court

Lower court handling many civil claims within statutory limits.

Mandament van spolie

Remedy to restore possession taken unlawfully without consent.

Notice Of Intention To Defend

Notice filed to show that a defendant intends to defend a claim.

Notice Of Motion

Court document used to start or bring an application.

Offer to settle

Formal proposal to resolve the dispute.

Opposing affidavit

Respondents sworn answer to an application.

Particulars Of Claim

Document setting out the facts and basis of a civil claim.

Plaintiff

Person or entity bringing an action.

Plea in civil proceedings

Defendants formal answer to the claim.

Pre-trial conference

Meeting to narrow issues and prepare for trial.

Provisional sentence

Quick procedure based on certain liquid documents.

Replication

Plaintiffs answer to new issues raised in the plea.

Replying affidavit

Applicants sworn reply to the opposition.

Rescission of judgment

Application to set aside a judgment, often a default judgment.

Respondent

Person opposing or affected by an application.

Return of service

Sheriffs proof that documents were served.

Service of process

Formal delivery of court documents.

Set down

Placing a matter on the court roll for hearing.

Sheriff Of The Court

Official who serves court documents and executes certain court processes.

Simple summons

Shorter summons usually used for debt or liquidated claims.

Small Claims Court

Informal court for smaller civil claims up to the current limit.

Special plea

Defence based on a preliminary issue, not the full merits.

Strike out

Request to remove improper or irrelevant allegations.

Subpoena

Formal command to attend court or produce documents.

Summary judgment

Fast judgment where the plaintiff says no real defence exists.

Summons

The court document that starts many civil claims.

Taxation of costs

Assessment of a legal bill by the taxing master or clerk.

Third-party notice

Procedure to bring another person into a case for related liability.

Urgent application

Application heard quickly because ordinary timing is inadequate.

Core definitions

Core terms in this track

Summons

The court document that starts many civil claims.

Affidavit

A sworn written statement used as evidence or support in legal proceedings.

Notice Of Intention To Defend

Notice filed to show that a defendant intends to defend a claim.

Particulars Of Claim

Document setting out the facts and basis of a civil claim.

Default Judgment

Judgment granted when a party fails to respond or defend in time.

Sheriff Of The Court

Official who serves court documents and executes certain court processes.

Notice Of Motion

Court document used to start or bring an application.

Action proceedings

Civil case started by summons where facts may be disputed.

Application proceedings

Case started by notice of motion and affidavit evidence.

Civil appeal

Asking a higher court to change a judgment.

Civil trial

Hearing where witnesses and evidence are presented.

Combined summons

Summons with particulars of claim attached.

Costs order

Order saying who must pay legal costs.

Defendant

Person or entity being sued in an action.

Discovery

Exchange of relevant documents before trial.

Founding affidavit

First sworn statement setting out the applicants facts.

High Court

Superior court for serious, high-value, complex, or inherent-jurisdiction matters.

Interdict

Court order stopping or requiring specific conduct.

Judgment

Courts decision or order.

Jurisdiction

Courts legal power to hear a case.

Magistrates Court

Lower court handling many civil claims within statutory limits.

Opposing affidavit

Respondents sworn answer to an application.

Plea in civil proceedings

Defendants formal answer to the claim.

Rescission of judgment

Application to set aside a judgment, often a default judgment.

Respondent

Person opposing or affected by an application.

Return of service

Sheriffs proof that documents were served.

Service of process

Formal delivery of court documents.

Simple summons

Shorter summons usually used for debt or liquidated claims.

Summary judgment

Fast judgment where the plaintiff says no real defence exists.

Urgent application

Application heard quickly because ordinary timing is inadequate.

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All terms

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Summons

The court document that starts many civil claims.

Affidavit

A sworn written statement used as evidence or support in legal proceedings.

Notice Of Intention To Defend

Notice filed to show that a defendant intends to defend a claim.

Particulars Of Claim

Document setting out the facts and basis of a civil claim.

Default Judgment

Judgment granted when a party fails to respond or defend in time.

Sheriff Of The Court

Official who serves court documents and executes certain court processes.

Notice Of Motion

Court document used to start or bring an application.

Action proceedings

Civil case started by summons where facts may be disputed.

Amendment

Changing pleadings or documents with proper notice or permission.

Applicant

Person asking court for relief in application proceedings.

Application proceedings

Case started by notice of motion and affidavit evidence.

Civil appeal

Asking a higher court to change a judgment.

Civil review

Asking a court to examine legality or procedure of a decision.

Civil trial

Hearing where witnesses and evidence are presented.

Claim in reconvention

Counterclaim by the defendant against the plaintiff.

Combined summons

Summons with particulars of claim attached.

Consent judgment

Judgment granted because the defendant agreed to it.

Consolidation

Combining related cases to be heard together.

Costs order

Order saying who must pay legal costs.

Declaration

Plaintiffs fuller statement of claim after a defended summons.

Defendant

Person or entity being sued in an action.

Discovery

Exchange of relevant documents before trial.

Exception

Objection that a pleading is legally defective.

Founding affidavit

First sworn statement setting out the applicants facts.

High Court

Superior court for serious, high-value, complex, or inherent-jurisdiction matters.

Interdict

Court order stopping or requiring specific conduct.

Intervention

Non-party asks to join because the order affects them.

Joinder

Adding a party who must be part of the case.

Judgment

Courts decision or order.

Jurisdiction

Courts legal power to hear a case.

Magistrates Court

Lower court handling many civil claims within statutory limits.

Mandament van spolie

Remedy to restore possession taken unlawfully without consent.

Offer to settle

Formal proposal to resolve the dispute.

Opposing affidavit

Respondents sworn answer to an application.

Plaintiff

Person or entity bringing an action.

Plea in civil proceedings

Defendants formal answer to the claim.

Pre-trial conference

Meeting to narrow issues and prepare for trial.

Provisional sentence

Quick procedure based on certain liquid documents.

Replication

Plaintiffs answer to new issues raised in the plea.

Replying affidavit

Applicants sworn reply to the opposition.

Rescission of judgment

Application to set aside a judgment, often a default judgment.

Respondent

Person opposing or affected by an application.

Return of service

Sheriffs proof that documents were served.

Service of process

Formal delivery of court documents.

Set down

Placing a matter on the court roll for hearing.

Simple summons

Shorter summons usually used for debt or liquidated claims.

Small Claims Court

Informal court for smaller civil claims up to the current limit.

Special plea

Defence based on a preliminary issue, not the full merits.

Strike out

Request to remove improper or irrelevant allegations.

Subpoena

Formal command to attend court or produce documents.

Summary judgment

Fast judgment where the plaintiff says no real defence exists.

Taxation of costs

Assessment of a legal bill by the taxing master or clerk.

Third-party notice

Procedure to bring another person into a case for related liability.

Urgent application

Application heard quickly because ordinary timing is inadequate.

Related resources

Resources connected to this track

Browse resources

Checklist

Summons Response Checklist

Preparation checklist for understanding and responding to a civil summons.

Template

Letter of Demand Template

Reference template for formal payment demands before legal action.

Debt Collection

Court Process Resource

Court Process Timeline Map

Process resource for summons, notices, pleadings, hearings, judgment, and enforcement milestones.

Checklist

Litigation Checklist

Litigation Checklist for preparing documents, facts, dates, and questions connected to civil procedure.