LexisNexis Practical Guidance Civil Procedure contains 6 topics which focus on different areas of Civil
Procedure. These topics then contain sub-topics, with each sub-topic containing Overviews, Guidance
Notes, Practice Directives, Legislation, Case Law, Forms and Precedents, Checklists and Other Resources.
1. INITIATING CIVIL
PROCEEDINGS
3. APPLICATION
5. APPEALS AND REVIEWS
3.1 General
5.1 General
1.2 Appropriate Procedure
3.2 Deciding what application
to launch
5.2 Application for leave to
appeal
1.3 Jurisdiction
3.3 Notice of motion
5.3 Appeals
1.4 Parties to the
proceedings
3.4 Founding affidavit
5.4 Reviews
1.1
Appropriate forum
2. ACTIONS
3.5 Service
3.6 Opposing/answering
affidavit
6. EXECUTION
6.1 Process
2.1 Instituting action
3.7 Replying affidavit
2.2 Process after service of
summons
3.8 Further affidavits
6.2 What can be attached
and executed against
3.9 Unopposed Applications
6.3 Other forms of execution
2.3 Judgment obtained
before trial
3.10 Opposed applications
2.4 Sui generis actions
3.11 Non-compliance with the
rules
2.5 Other pleadings
2.6 Defensive pleadings and
non-compliance with the
rules
2.7 Discovery
World Class Content
Expert Contributors
Brenda Neukircher has been a member of the Pretoria Bar since 1990 and has been Senior Counsel since 2006. She specialises
in administrative law, more especially procurement issues, matrimonial law and commercial law. Brenda has been appointed as
an acting Judge in the North Gauteng High Court since 2002 where she has presided over various matters. She is, at present, a
Vice-chairperson of the Independent Regulatory Board for Auditors Disciplinary Committee. Brenda has also co-authored the
LexisNexis publication High Court Motion Procedure.
Liezl Haupt was admitted as an advocate in 1995 and has been a member of the Pretoria Bar since 1999, where she specializes
in childrens’ rights and family law. She holds a B Comm (Law) LLB from the University of Johannesburg (previously RAU) and a
doctorate in private law from the University of the North West (previously the Potchefstroom University for CHE), where she
lectured in estoppel and enrichment prior to embarking on her career as an advocate. During this time she also spent 6 months
as a research fellow at the Justus Liebig Universitat Giessen in Giessen, Germany. Liezl is further involved in pupil training at the
Pretoria Bar.
Sonika Mentz is a member of the Pretoria Bar with a specific interest in commercial matters, and has a general civil commercial
practice. Prior to joining the Bar in 2007 she worked in London for several years as a contracts negotiator, where she facilitated
and drafted contracts between academia and industry. During this time she obtained a post-graduate diploma in international
commercial arbitration from Queen Mary College, University of London, as well as an LLM from the University of London. Sonika
is also involved in the advocacy training programme at the Pretoria Bar.
Ross Garland. BA LLB (University of Kwazulu-Natal) BCL (University of Oxford), Advocate of the High Court of South Africa,
Member of the KZN Bar. With a background in constitutional and international law, Ross has a mixed litigation practice of public
law and general commercial law. His particular areas of interest and expertise are administrative, labour, and contractual law.
Previously a member of the Cape Bar, he currently practices in Durban.
4. SPECIFIC APPLICATIONS
4.1 In terms of the rules
4.2 Other applications
For more information or to request a demo and sign up for your free
trial, visit www.lexisnexis.co.za/practicalguidance
Setting the standard.
LexisNexis Practical Guidance Civil Procedure.
The first of its kind in the South African market, LexisNexis Practical Guidance Civil
Procedure transforms your research experience. Join the over 2000 firms in the
UK and Australia who are now using this unique online tool.
2.8 Procedures following
close of pleadings to trial
PG_civil_proc_sales_leave_behind.indd 1
2014/01/07 9:32 AM
Homepage
Why LexisNexis Practical Guidance Civil Procedure?
Get direct access to critical, up-to-date information and expertise that you can rely on. LexisNexis Practical
Guidance Civil Procedure is a web-based solution that provides users with online access to guidance notes,
practice directives, checklists and forms and precedents authored by expert practitioners in their field, as
well as legislation and case law.
1
The Tabs
Search
What’s new
The Search function allows you to search for
information across all the content within Practical
Guidance. You can refine your search by searching
within a particular type of content, for example,
within cases or forms and precedents.
Breaking news keeps you informed of the latest
developments within the practice area.
2
Overview
The content within the overview tab provides you with a snapshot
of the detailed guidance material available within a sub-topic.
Recent cases provide you with the most up to
date cases available ensuring that you maintain
the competitive edge.
LexisNexis Practical Guidance Civil Procedure contains 6 topics which focus on different areas of Civil
Procedure. The content deals with such matters as diverse as “Instituting Actions” to “Appeals and Reviews”.
1
1
2
3
2
Guidance
The guidance tab navigates you to the detailed information
relating to the sub-topic. It contains immediately useful
information on how to go about finding solutions.
LexisNexis Practical Guidance Civil Procedure aims to assist users to get to topical information quickly, again
with an emphasis on practical aids to assist them with executing tasks and actioning items.
1
3
Practice Directives which provide practical advice on how to
interpret the rules of court.
2
LexisNexis Practical Guidance gives you access to:
Practice Directives
3
•
•
•
•
•
•
•
Over 38 Topic Overviews covering all core areas of Civil Procedure
130 Guidance notes and over 70 forms, precedents and checklists
What’s New – keeps you informed of the latest developments, Breaking News and Recent Cases
Practice Directives – provide practical advice on how to interpret the rules of court
Checklists – step by step processes and lists ensuring that you never forget any steps along the way
Legislation & Case Law – access to relevant cases at the click of a button
Other resources – flowcharts, external websites and additional reading related to the specific sub topic.
4 Legislation
4
4
This tab provides access to relevant legislation accessible at the
click of a button.
5
5
5 Case Law
This tab provides access to relevant cases accessible at the click
of a button.
Now available
Coming Soon
Labour
Law
Income
Tax
Labour – Public Sector
Business
Law
Civil
Procedure
Family Law
6 Forms and Precedents
3
For more information or
to sign up for a free trial, visit
www.lexisnexis.co.za/practicalguidance
PG_civil_proc_sales_leave_behind.indd 2
Latest Updates
Browse Topics
The topics within Practical Guidance
have been arranged according to
the way you work. Simply click on
the relevant topic to find sub-topics
containing all the information you
need to get you started.
Recently Viewed
4
Creates your own personal reference to documents
frequently used. This is especially useful should you
wish to refer to the same documents on a regular
basis.
5
Provides you with a single view
of additional content that
has been added to practical
guidance, thereby ensuring
that you have the most
comprehensive, up to date
information available at your
fingertips.
6
7
Access to relevant and accurate forms and precedents drafted by
experts in the practice area.
8
7
Checklists
Access to step-by-step processes and lists ensuring that you
never forget any step along the way.
8
Other Resources
This tab provides access to flowcharts, diagrams, external
websites and additional reading related to the specific sub-topic.
2014/01/07 9:32 AM