Case Management

Topics: Judge, Law, Court Pages: 9 (2468 words) Published: March 17, 2013
maE. High Court Roll

1. Civil Cases

Floating Roll

(a)Up to 312 civil cases per term will be enrolled at 24 cases per week on a floating roll;

(b)These 312 civil cases will be enrolled at a predetermined Registrar's meeting for each term;

(c)The procedure of enrolment is the following:

(i)Practitioners intending to enroll civil cases on the floating civil roll shall complete a pro forma form provided to legal practitioners, requesting a specific number of days for the hearing of each case; (ii)At the Registrar's meeting the Registrar will allocate provisional dates for such civil cases; (iii)Legal Practitioners then have 14 days to formally set down such cases, providing an index of the Pleadings and paginating same, as well as ensuring that the Minutes of a Rule 37 Conference is filed; (iv)It is only when the requirements of subparagraph (iii) and paragraph (d) of this subsection have been complied with, that the case will be formally enrolled by the Registrar; (v)In respect of those cases where subparagraph (iii) has not been complied with no set down will be made and such cases will have to be set down afresh for the next term, following the procedure set out above;

(vi)Up to three Judges will be assigned to hear and try civil cases each week and a pre-trial hearing will be held with the presiding Judges on Monday at 14h15;

(d)No date for the hearing of any opposed action or application (except an urgent application) shall be granted by the Registrar to any legal practitioner acting for and on behalf of a litigant unless the legal practitioner applying for a hearing date annexes to the Notice of Application for a trial date a document setting out the legal and factual issues to be determined in the case. An example is set out in Annexure "A" hereto. (The summary should not be more than 100 words.)

2.Divorce Cases – Floating Roll

(a)Not more than five opposed divorce cases per week will be enrolled on the Divorce Floating Roll.

(b)A Judge will be assigned each week to hear and try opposed divorce cases from Monday to Friday, and that Judge must conduct a pre-trial hearing at 14h15 on Monday in respect of Divorce Floating Roll cases.

(c)The procedure of enrolment is as follows –

(i)A practitioner representing an applicant for a trial date must ensure that pleadings have closed, a Rule 37 conference has been held and full discovery has taken place and that the case is ready to go to trial. (ii)The practitioner referred to in subparagraph (i) must file a certificate confirming that the matter is ready to go to trial.

(iii)The Registrar must place the relevant file before a Judge in chambers, assigned by the Judge-President, and such a Judge must satisfy himself or herself that the matter is ready to go to trial. If the Judge is so satisfied, he or she must inform the Registrar accordingly.

(d)It is only after the requirements in paragraph (c) of this subsection have been complied with in respect of a case that the Registrar will formally enrol that case on the Floating Divorce Roll.

(e)For the avoidance of doubt, all unopposed divorce matters shall continue to be placed on the motion court roll and be dealt with by the unopposed divorce motion court.

(f)The unopposed divorce motion court Judge shall also hear and try opposed divorce cases under this subsection.

3.Civil Cases - Fixed Roll

(a) A civil case will only be placed on the fixed roll if:

(i) it is anticipated that such a case will run for more than 4 days, and/or (ii) the Judge-President is satisfied that good reason exists for setting down a case on the fixed roll.

(b) Only one case will be set down on the fixed roll per week to be heard from Monday to Friday, unless the Judge-President directs otherwise.

(c)The same procedure as in subsection 1(c)(i) - (v) of this section is applicable in respect of the fixed roll and a separate Judge will be assigned to...
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