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CIVIL PROCEDURE (Preliminary ?s (Letter of Demand (Saves time & costs…

- - - - Settlement before legal action
        
        HC: draft a settlement agreement + confession to judgment
        
        MC-LOD followed by AOD with consent to judgment (plus can include consent to EAO)
        
        "Without prejudice in full & final settlement of your claim" = compromise. Original debt extinguished unless conditions attached to agreement.
        
        After summons advantage to use court rules is place other side at risk of losing legal costs if they do not get judgment = offer
- - - - Nulla bona return of service (insufficient movable property)
        
        Immovables
        
        Sale in execution of house
        
        Note: court must authorise after considering right to housing (residential property) (Jaftha v Schoeman)
      - Sale in execution of goods like car (note exclusions)
- - - - NOTICE OF OPPOSITION
        
        Answering Affidavit
        
        Replying Affidavit
        
        Notice of Set Down
        
        Dismiss application: real dispute of fact should have been anticipated by applicant
        
        Plascon Evans rule: grant application if justified by respondent's admissions & respondent's allegations
        
        Refer to oral evidence; ltd issues (cross-examination of named witnesses)
        
        Refer to trial (file pleadings and continue as ACTION)
      - NO OPPOSITION
        
        Order granted if papers in order
- - - - Notice of intention to Defend
        
        Declaration (POC)
        
        Plea
        
        Replication
        
        Close of pleadings
        
        Settlement during litigation (before judgment) HCR 34 procedure
        
        Multiple parties : joint wrongdoer notice + third party notice before close of pleadings.