SU 6- CALCULATION OF TIME LIMITS AND SERVICE OF LEGAL DOCS
CALCULATION OF TIME LIMITS
TIME PERIODS WITHIN A CERTAIN PERIOD
1. FOLI- FIRST OUT LAST IN-
Section or rule requires something to be done within a certain period
Exclude the first day
Include the last day
2. COURT DAYS AND CALENDAR DAYS
Calendar days- Include Saturday, Sunday and public holidays
Court days- Exclude Saturday, Sunday and public holidays
When the Act refer to ‘days’- normal calendar days
o If the last day in a period of calendar days fall on a Sunday or Public holiday-
not counted as part of the period
o Period will end on the next day
When the rules refer to ‘days’- court days
o Excluding weekends and public holidays
TIME PERIODS AFTER A CERTAIN PERIOD
Sometimes the section or rule provides that something may only be done after the lapse of a
certain period
Excludes first and last days
SERVICE OF COURT PROCESS
A particular time period expires at midnight on the final day
Have document ready 1 minute to midnight on the final day of the period
o But not able to serve document at that hour
Serve document on a business document ready before close of business on final day
of the time period
Keep in mind court operating hours
,SERVICE OF LEGAL DOCUMENTS
Most litigation is started with the delivery (service) of court documents (process) to the
defendant or respondent
Audi alteram partem- hear the other side
o Every person is entitled to be heard before an order or judgement is granted
against him
High Court rule 4
Magistrates Court rule 9
ISSUE OF PROCESS AND DUTIES OF THE SHERIFF
Before you are legally permitted to serve a court document- it must be issued
Involves the clerk or registrar of the court stamping the document and assigning a
case number and opening a court file
Thereafter-
o Original document
o Relevant amount of copies
Will go to sheriff’s office for service
o Attorney must send it to the Sheriff- not the clerk or registrar of the court
SHERIFF’S DUTIES
a) Explain the nature and contents of the document to the recipient
Warning him/her of the consequences of not entering an appearance to defend
b) Hand a copy of the document over to that person
Original is available for inspection
c) Copy is returned to the plaintiff’s attorney with the sheriff’s return of service or
return of non-service if service was unsuccessful
METHODS OF SERVICE ITO THE RULES OF COURT
HIGH COURT RULE 4-
1. Personal service
2. Leaving a copy at the place of residence or business
3. Service at the Defendant’s place of employment
4. Service at domicilium citandi et executandi
5. Service on a Company or Close Corporation
6. Service on an agent duly authorised in writing to accept service
7. Service on partnership, firm or voluntary association
8. Service on a local authority or statutory body
9. Service on State Organs or State Officials
10. Service on prisoners
11. Service on foreign diplomats
,1. Personal service-
HCR 4(1)(a)(i)
Served on a defendant or respondent personally
Person to be served is a child- younger than 18- or is under a form of legal disability
o Process must be delivered to that person’s guardian, tutor or curator
Person refuses to accept the document- may simply be dropped at his feet
2. Leaving a copy at the place of residence or business
HCR 4(1)(a)(ii)
Document left with a person at the place of residence or business of the defendant
or respondent
Person must apparently be in charge of the premises and apparently not younger
than 16
Place of residence-
o Person resides at hotel, boarding house or similar residential building- service on the
manager will be sufficient
o Blocks of flats which are occupied by more than one person- service must be effected
in that portion of the building occupied by the person to be served
Place of business-
o Place where that person conducts his own business- person is self-employed
3. Service at the Defendant’s place of employment
HCR 4(1)(a)(iii)
Deliver document to a person who is apparently in authority over the person to be
served
Apparently not younger than 16
4. Service at domicilium citandi et executandi
HCR 4(1)(a)(iv)
Person’s domicilium citandi et executandi- address which has been chosen by that
person for service of documents upon him
Plaintiff is not obliged to serve at the domicilium address- can choose to use any of
the service methods provided for in the rules
5. Service on a Company or Close Corporation
HCR 4(1)(a)(v)
At registered office or principle place of business
Service can be done on an employee
If the employee refuses service- affix to the main door
, 6. Service on an agent duly authorised in writing to accept service
HCR 4(1)(a)(vi)
Agent must produce a written authorisation to accept service of process
7. Service on partnership, firm or voluntary association
HCR 4(1)(a)(vii)
Process may be left at the place of business of the partnership with a person who is
in charge of the premises and apparently over 16
No place of business- service on partners of partnership, proprietor of the firm,
chairman or secretary of the association
8. Service on a local authority or statutory body
HCR 4(1)(a)(viii)
Local authority- Process must be delivered to the town clerk, city manager or mayor
Statutory body- Process must be delivered to the secretary or to a member of the
board
9. Service on State Organs or State Officials
HCR 4(9)
The State Liability Act must always be consulted when serving documents upon an
Organ of State or State Officials
Service on state Attorney office
10. Service on prisoners
Process may be served on the inmate personally
The official of Correctional Services who is in charge of the prison- assist to facilitate
the service of process upon the inmate personally
11. Service on foreign diplomats
Portion 20 of Plot 15 Athol (Pty) Ltd v Rodrigues 2001
MAGISTRATES’ COURT RULE 9-
1. Personal service
2. Service upon duly authorised agent
3. Service at the residence, or place of business of the defendant
4. Service at the defendant’s place of employment
5. Service at the defendant’s domicilium citandi
6. Service upon a corporation or a company
7. Service upon state organs and state officials
8. Service by affixing a copy of the document to the outer or principal door or security
gate or placing a copy in the post-box
9. Service upon a partnership
10. Service upon curators, executors, guardians, liquidators and trustees
11. Service upon clubs, societies and similar bodies
1. Personal service
CALCULATION OF TIME LIMITS
TIME PERIODS WITHIN A CERTAIN PERIOD
1. FOLI- FIRST OUT LAST IN-
Section or rule requires something to be done within a certain period
Exclude the first day
Include the last day
2. COURT DAYS AND CALENDAR DAYS
Calendar days- Include Saturday, Sunday and public holidays
Court days- Exclude Saturday, Sunday and public holidays
When the Act refer to ‘days’- normal calendar days
o If the last day in a period of calendar days fall on a Sunday or Public holiday-
not counted as part of the period
o Period will end on the next day
When the rules refer to ‘days’- court days
o Excluding weekends and public holidays
TIME PERIODS AFTER A CERTAIN PERIOD
Sometimes the section or rule provides that something may only be done after the lapse of a
certain period
Excludes first and last days
SERVICE OF COURT PROCESS
A particular time period expires at midnight on the final day
Have document ready 1 minute to midnight on the final day of the period
o But not able to serve document at that hour
Serve document on a business document ready before close of business on final day
of the time period
Keep in mind court operating hours
,SERVICE OF LEGAL DOCUMENTS
Most litigation is started with the delivery (service) of court documents (process) to the
defendant or respondent
Audi alteram partem- hear the other side
o Every person is entitled to be heard before an order or judgement is granted
against him
High Court rule 4
Magistrates Court rule 9
ISSUE OF PROCESS AND DUTIES OF THE SHERIFF
Before you are legally permitted to serve a court document- it must be issued
Involves the clerk or registrar of the court stamping the document and assigning a
case number and opening a court file
Thereafter-
o Original document
o Relevant amount of copies
Will go to sheriff’s office for service
o Attorney must send it to the Sheriff- not the clerk or registrar of the court
SHERIFF’S DUTIES
a) Explain the nature and contents of the document to the recipient
Warning him/her of the consequences of not entering an appearance to defend
b) Hand a copy of the document over to that person
Original is available for inspection
c) Copy is returned to the plaintiff’s attorney with the sheriff’s return of service or
return of non-service if service was unsuccessful
METHODS OF SERVICE ITO THE RULES OF COURT
HIGH COURT RULE 4-
1. Personal service
2. Leaving a copy at the place of residence or business
3. Service at the Defendant’s place of employment
4. Service at domicilium citandi et executandi
5. Service on a Company or Close Corporation
6. Service on an agent duly authorised in writing to accept service
7. Service on partnership, firm or voluntary association
8. Service on a local authority or statutory body
9. Service on State Organs or State Officials
10. Service on prisoners
11. Service on foreign diplomats
,1. Personal service-
HCR 4(1)(a)(i)
Served on a defendant or respondent personally
Person to be served is a child- younger than 18- or is under a form of legal disability
o Process must be delivered to that person’s guardian, tutor or curator
Person refuses to accept the document- may simply be dropped at his feet
2. Leaving a copy at the place of residence or business
HCR 4(1)(a)(ii)
Document left with a person at the place of residence or business of the defendant
or respondent
Person must apparently be in charge of the premises and apparently not younger
than 16
Place of residence-
o Person resides at hotel, boarding house or similar residential building- service on the
manager will be sufficient
o Blocks of flats which are occupied by more than one person- service must be effected
in that portion of the building occupied by the person to be served
Place of business-
o Place where that person conducts his own business- person is self-employed
3. Service at the Defendant’s place of employment
HCR 4(1)(a)(iii)
Deliver document to a person who is apparently in authority over the person to be
served
Apparently not younger than 16
4. Service at domicilium citandi et executandi
HCR 4(1)(a)(iv)
Person’s domicilium citandi et executandi- address which has been chosen by that
person for service of documents upon him
Plaintiff is not obliged to serve at the domicilium address- can choose to use any of
the service methods provided for in the rules
5. Service on a Company or Close Corporation
HCR 4(1)(a)(v)
At registered office or principle place of business
Service can be done on an employee
If the employee refuses service- affix to the main door
, 6. Service on an agent duly authorised in writing to accept service
HCR 4(1)(a)(vi)
Agent must produce a written authorisation to accept service of process
7. Service on partnership, firm or voluntary association
HCR 4(1)(a)(vii)
Process may be left at the place of business of the partnership with a person who is
in charge of the premises and apparently over 16
No place of business- service on partners of partnership, proprietor of the firm,
chairman or secretary of the association
8. Service on a local authority or statutory body
HCR 4(1)(a)(viii)
Local authority- Process must be delivered to the town clerk, city manager or mayor
Statutory body- Process must be delivered to the secretary or to a member of the
board
9. Service on State Organs or State Officials
HCR 4(9)
The State Liability Act must always be consulted when serving documents upon an
Organ of State or State Officials
Service on state Attorney office
10. Service on prisoners
Process may be served on the inmate personally
The official of Correctional Services who is in charge of the prison- assist to facilitate
the service of process upon the inmate personally
11. Service on foreign diplomats
Portion 20 of Plot 15 Athol (Pty) Ltd v Rodrigues 2001
MAGISTRATES’ COURT RULE 9-
1. Personal service
2. Service upon duly authorised agent
3. Service at the residence, or place of business of the defendant
4. Service at the defendant’s place of employment
5. Service at the defendant’s domicilium citandi
6. Service upon a corporation or a company
7. Service upon state organs and state officials
8. Service by affixing a copy of the document to the outer or principal door or security
gate or placing a copy in the post-box
9. Service upon a partnership
10. Service upon curators, executors, guardians, liquidators and trustees
11. Service upon clubs, societies and similar bodies
1. Personal service
