TLI4801/201/1/2020
Tutorial Letter 201/1/2020
Techniques in trial and litigation
TLI4801
Semester 1
Department of Criminal and Procedural Law
IMPORTANT INFORMATION
Please register on myUnisa, activate your myLife e-mail address and
make sure that you have regular access to the myUnisa module
website, TLI4801-2020-S1, as well as your group website.
Note: This is an online module and therefore it is available on myUnisa. However, in order to
support you in your learning process, you will also receive some study material in printed
format.
BARCODE
, 1. INTRODUCTION
Dear Student
This tutorial letter contains the commentary to Assignments 01 and 02 for the 1st semester of
2020. Please read its contents carefully. This tutorial letter is important for examination
purposes.
This commentary is merely a guideline and it may well contain brief answers for some
questions. Therefore, students need to elaborate in their answers to achieve good marks.
Your answers for both assignments must not exceed 15 pages (including bibliography
and declaration of authenticity).
2. FEEDBACK TO ASSIGNMENT 01 AND ASSIGNMENT 02
ASSIGNMENT 01 (CIVIL PRACTICE): SEMESTER 01
UNIQUE NUMBER: 768183
Note: Some of the answers to the Questions in this Assignment are sourced from the
prescribed textbook, Marnewick CG Litigation Skills for South African Lawyers 4th edition
(2019 LexisNexis). Students must not regurgitate what’s in the prescribed textbook but
write in their own words as far as possible! Students are also expected to “identify the
pertinent legal principles” and also to demonstrate how these principles apply to the
facts presented. To this extent, the student was required to also conduct independent
legal research. This essentially entailed perusing relevant legal sources in order to
advice the client accordingly.
1(a) It should be noted that an action procedure involves the exchange of pleadings or the
summons procedure and evidence is presented by oral evidence. This procedure is not
applicable here. An application procedure is initiated by the issue of a notice of motion
or application, and evidence is presented in the form of affidavits.
Rule 35(7) involves the process whereby, a party giving notice to discover, may apply to
the court for an order for compliance from the other party, and failing such compliance,
dismiss the claim or strike out the defence. An application to compel discovery is an
example of an interlocutory or procedural application. An interlocutory application
involves an interim or procedural relief made during the course of or in anticipation of an
action or substantive application.
Application to facts: In the light of the above, it is recommended that it is more
appropriate for Mr X to use an application procedure rather than the action procedure.
Note: Students need to distinguish between an action and application proceeding. (4)
2
Tutorial Letter 201/1/2020
Techniques in trial and litigation
TLI4801
Semester 1
Department of Criminal and Procedural Law
IMPORTANT INFORMATION
Please register on myUnisa, activate your myLife e-mail address and
make sure that you have regular access to the myUnisa module
website, TLI4801-2020-S1, as well as your group website.
Note: This is an online module and therefore it is available on myUnisa. However, in order to
support you in your learning process, you will also receive some study material in printed
format.
BARCODE
, 1. INTRODUCTION
Dear Student
This tutorial letter contains the commentary to Assignments 01 and 02 for the 1st semester of
2020. Please read its contents carefully. This tutorial letter is important for examination
purposes.
This commentary is merely a guideline and it may well contain brief answers for some
questions. Therefore, students need to elaborate in their answers to achieve good marks.
Your answers for both assignments must not exceed 15 pages (including bibliography
and declaration of authenticity).
2. FEEDBACK TO ASSIGNMENT 01 AND ASSIGNMENT 02
ASSIGNMENT 01 (CIVIL PRACTICE): SEMESTER 01
UNIQUE NUMBER: 768183
Note: Some of the answers to the Questions in this Assignment are sourced from the
prescribed textbook, Marnewick CG Litigation Skills for South African Lawyers 4th edition
(2019 LexisNexis). Students must not regurgitate what’s in the prescribed textbook but
write in their own words as far as possible! Students are also expected to “identify the
pertinent legal principles” and also to demonstrate how these principles apply to the
facts presented. To this extent, the student was required to also conduct independent
legal research. This essentially entailed perusing relevant legal sources in order to
advice the client accordingly.
1(a) It should be noted that an action procedure involves the exchange of pleadings or the
summons procedure and evidence is presented by oral evidence. This procedure is not
applicable here. An application procedure is initiated by the issue of a notice of motion
or application, and evidence is presented in the form of affidavits.
Rule 35(7) involves the process whereby, a party giving notice to discover, may apply to
the court for an order for compliance from the other party, and failing such compliance,
dismiss the claim or strike out the defence. An application to compel discovery is an
example of an interlocutory or procedural application. An interlocutory application
involves an interim or procedural relief made during the course of or in anticipation of an
action or substantive application.
Application to facts: In the light of the above, it is recommended that it is more
appropriate for Mr X to use an application procedure rather than the action procedure.
Note: Students need to distinguish between an action and application proceeding. (4)
2
