The new practice directive 2 of 2019

THE NEW PRACTICE DIRECTIVE 2 OF 2019

 

MATTERS CLASSIFEIED AS “Y” – SUCH AS RAF, MEC AND PRASA MATTERS (JUDICIAL CASE MANAGEMENT MEETINGS ARE REQUIRED)

 

JUDICIAL CASE MANAGEMENT MEETING PROCESS:

  1. The Judicial Case Management Meeting (hereinafter referred to as JCMM ) must be held 45 days before the trial:
  • 45 days has been a topic for discussion as no-one is sure as to whether this means normal calendar days or whether this means court days. It would be best to count court days as this seems to be the consensus among the Legal Practitioners.

 

  1. The particular forms needed to apply and documents attached:
  • Form 5’s (signed by both parties) are required when applying for a JCMM if a trial date is already allocated. Accompanying this form you will need a:
  • Notice of Set down for your trial date
  • The prescribed practice note in terms of the new practice directive 2 of 2019.

 

  • Form 6’s (signed by only one party) are required when applying for a JCMM where a trial date is not Accompanying this form you will need a:
  • Signed pre-trial minutes by both parties
  • The prescribed practice note in terms of the new practice directive 2 of 2019

 

  1. The process followed to apply for a JCMM:
  • These forms and accompanying documentation mentioned above must be in triplicate (x3) when applying for a JCMM. The court will take one copy and give you two (2) copies back. (At the High Court in Pretoria one can apply at Room 1.19 on the first floor.)

 

  • A date is allocated immediately, by the Court. Once a Court date has been allocated, you will have to serve the form 5 or 6 on the opposing party within seven (7) days from the date of application, the service of same can be done by means of a filing notice or with the necessary Rule 37(2)(a) Notice, to indicate a form of a Pre-trial conference, requiring the opposing party to attend to same. (No need to attach the accompanying documentation only the form 5 or 6 is required when serving.)

 

  • Once a date has been allocated the court file must be indexed and paginated five (5) court days before the JCMM date allocated – the Indexed and paginated court file goes to the 7th floor by the DJP’s Office. Once at the DJP’s office one must locate the original form 5 or 6 that the court kept and place that in your court file for the Judges ease of reference.

 

  • After the JCMM the file will then go back to Room 1.19 or the basement where you will have to request it again to set down for final enrolment for trial, as per the normal procedure.

 

  1. The JCMM is between both parties and a Judge in Court. The purpose of same is to ensure that both parties are ready to proceed to trial. Therefore, you apply for a JCMM once all documents and processes have been exchanged and followed. It is recommended that one does not apply for a JCMM if you do not have a signed discovery affidavit, or signed pre-trial minutes- which cannot be older than three (3) months old at date of application. This could lead to the judge declaring a punitive cost order against the attorney on the matter.

*Kindly take note that these JCMM’s are only for PRASA, MEC and RAF matters.

 

 

 

SETTLEMENT ROLL – AS PER NEW PRACTICE DIRECTIVE

  1. The Settlement Roll has become quite strict and when accepting matters. If your matter was on trial and you would like to remove the matter from the trial roll and place it on the settlement roll you have to fill in the prescribed form 9.
  2. If you are placing the matter directly on the Settlement Roll you must have the following documentation before doing so:
  • A draft order – with a confirmation letter from the opposition stating that the draft order may be made an order of court and it must clearly state the case number in the letter.
  • A paginated and indexed bundle for all pleadings
  • A paginated and indexed bundle with the offer of settlement, the Notice of Acceptance of Offer in terms of Rule 34
  • A signed joint memorandum of settlement (which must be signed by both parties before enrolling same onto the settlement roll)
  • A joint memorandum of settlement must discuss the nature of the claim, provide case law for the claim, but discuss what has become settled and what will remain in dispute.
  • If any of the above documentation is not included they will remove your matter from the settlement roll without any notice.
  • You will request the court file and you will place the paginated bundles on the said file as well as three (3) copies of the draft order.
  • The court file is then taken to the 7th floor where they will allocate your offices a date and they will take the court file and place it on the roll.

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM 5        

 

TRIAL MATTERS CLASSIFIED “Y” WITH TRIAL DATES IN 2019 – 2020

(WHERE THE DEFENDANT IS RAF, MEC HEALTH OR PRASA)

                                                                                   

                                                                                                            CASE No:

 

In the matter between:

 

(fill in parties name)                                                                         Plaintiff

 

And

 

THE ROAD ACCIDENT FUND                                                      Defendant

____________________________________________________________

 

APPLICATION FOR JUDICIAL CASE MANAGEMENT CONFERENCE / CERTIFICATE OF TRIAL READINESS IN TERMS OF PARAGRAPH 3.5 read with PARAGRAPH 6 OF THE PRACTICE DIRECTIVE 2 OF 2019

 

                                    (The application to be filed in triplicate)

____________________________________________________________

                                                           

  1. The Plaintiff / Defendant hereby applies for Case Management Conference.

 

  1. PLAINTIFF’S ATTORNEYS: (fill in by hand)

 

Name of the firm:     _____________________

Reference No. :                                                      

E-mail Address:        ______________                

Fax No.:                   _____________________

Phone / Cell No.:      _________                           

 

 

  1. DEFENDANT’S ATTORNEYS:

 

Name of the firm:     ______________________

Reference No.:         ______________________

E-mail Address:        ______________________

Fax No.:                                                         _______

Phone / Cell No.:                                          _______

 

                                                STATEMENT BY ATTORNEY

                                    APPLYING FOR CERTIFICATE OF READINESS

                                                           

  1. I_________________, declare that this matter, which was allocated a trial date is ready and is accordingly later than 45 days before the trial date, however is aware condonation is provided/ allocated for trials in October 2019, this application is made for a certificate of readiness to remain on the trial.

 

  • A practice note as prescribed in paragraph 6.2 is attached.

 

  • A pre-trial conference minutes as contemplated in paragraph 7.3 has already been completed, and a copy is attached / will be filed at least five (5) days before the case management conference.

 

  1. PLEASE NOTE that the applicant should serve and file this notice (application) within 7 days after the allocation of the date.

 

Signature ………………………………………..date……………………

 

REGISTRAR’S ACTION

 

This matter has been enrolled for a case management conference on…………………………………………….

 

 

 

 

_________________________

PLAINTIFF ATTORNEYS

 

 

 

 

________________________

 

DEFENDANT’S ATTORNEYS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM 6       

 

TRIAL MATTERS CLASSIFIED “Y”

                                                                                   

                                                                                                CASE No:

 

In the matter between:

Plaintiff

 

And

 

THE ROAD ACCIDENT FUND                                                                      Defendant

_______________________________________________________________

 

APPLICATION FOR JUDICIAL CASE MANAGEMENT CONFERENCE / CERTIFICATE OF TRIAL READINESS IN TERMS OF PARAGRAPH 6 OF THE PRACTICE DIRECTIVE 2 OF 2019

 

                                    The application to be filed in triplicate

______________________________________________________________

                                                           

  1. The Plaintiff / Defendant hereby applies for Case Management Conference / Certificate of trial readiness.

 

  1. PLAINTIFF’S ATTORNEYS:

 

Name of the firm:     ———————————————–

Reference No. :        ———————————————–

E-mail Address:        ———————————————–

Fax No.:         ——————————————————

Phone / Cell No.:      ———————————————-

 

 

  1. DEFENDANT’S ATTORNEYS:

 

Name of the firm:     ————————————————-

Reference No.:         ————————————————-

E-mail Address:        ————————————————-

Fax No.:                    ————————————————-

Phone / Cell No.:      ————————————————-

 

                                               

 

STATEMENT BY ATTORNEY     

                                                           

  1. I, __________________________ declare that this matter is trial ready and is appropriate to be enrolled for a case management conference to obtain a certificate of readiness to obtain a trial date.

 

  • A practice note as prescribed in paragraph 6.2 is attached.

 

  • A pre-trial conference minute as contemplated in paragraph 7.3 has already been completed and is attached.

 

  1. PLEASE NOTE that the applicant should serve and file this notice (application) within 7 days after the allocation of the date.

 

Signed ………………………………………..date……………………

 

REGISTRAR’S ACTION

 

This matter has been enrolled for a case management conference on______________________________________.

 

 

 

 

 

______________________

PLAINTIFF’S ATTORNEYS

 

 

 

TO:     REGISTRAR OF THE HIGH COURT

PRETORIA

 

AND               _________________________

TO:                 DEFENDANT’S ATTORNEYS