TLI4801 SEMESTER 1 ASSIGNMENT 1 ((ANSWERS))

TLI4801 TECHNIQUES IN TRIAL AND LITIGATION SEMESTER 1 ASSIGNMENT 1 1. (a) Mr A will have to use proceeding by application procedure. This application is launched by notice of motion. Affidavits that defines issues which contain evidence to prove the material facts in court. Documents are attached to affidavits as evidence and experts must give their evidence in affidavits limited discovery under Rule 35(12). According to Rule 35(7) of the Supreme Court Act 59 of 1959 states that the party giving a notice to discover, may apply to the court for the order to compel the other party disclose a document. Evidence is received on affidavit. Only in exceptional cases, oral evidence and cross-examination would be permitted. In order for trial or for the hearing of oral evidence to determine any credibility issues, there must be a reference to an application. It can be said that interlocutory application can be used as applications to compel compliance with the rules or for condonation of non-compliance with the rules Hence application compels Liz Taylor to disclose some documents must be in a form of an affidavit. (b) There are three purposes to carry out procedural applications. The first is to obtain directions or permission from the court about procedural steps a party wishes to take to pursue or defend an action. The second is to force the other side to comply with some procedural obligation, or to obtain an indulgence from the court which has the effect of excusing non-compliance with one's own procedural obligations. The third is to obtain summary judgment or similar relief during the action. The second application will be relevant, as compliance applications are launched when a party wishes to enforce his or her procedural rights against another party This can be seen in the facts that Mr A must force Dolly Young to file a discovery affidavit or to provide further particulars. This applications for the court's instructions or authorization can be ex parte, without notice to any other party, and before any instituted of an action. Three instances where such applications are made when there is a need for a curator ad litem to assist persons who lack the locus standi to sue or be sued on their own, such as minors; where an edictal citation has to be served to someone outside the Republic of South Africa and plaintiff must approach the court to obtain leave to serve this summons to a defendant; and where a party needs authorisation to serve any process in the action by substituted service like publication in a newspaper. 2. The majority of lay clients are simply concerned with the first and last stages. They are interested in what must be done and lawyers synopsis advises and conclusion with grounds on facts. The technical part such as Latin terms and legal principles must be in plain language. The difficulties to counsel a lay client by a letter can be based on a process that will be too personal, too important, and too dynamic for that lay client. One of the benefits of counselling a lay client by letter is that he can read the letter several times and reflect to it. The client can take further advice before a final decision. The main shortcoming is that there is no face-to-face correspondence, for the client to ask questions or for the lawyer to further advice the client exhaustively so as not to make a mistake. .