Summary Chapter 9

CHAPTER 9 –ACTION
PROCEDURE

Introduction
PHASES OF THE ACTION PROCEDURE:

Pre-pleadings phase
Pleadings phase
Preparation for trial phase
Trial phase
Judgment phase
After trial phase

3 Main stages:
∙ Pleadings stage
∙ Preparation for trail stage
∙ Trial stage

OVERVIEW OF PHASES:

Pre-pleadings phases:
∙ Consists of the consultation with the client
∙ Parties engage in negotiations (letters of
demand etc)
∙ Drafting of pleadings

Pleadings stage:
∙ Commences with the issuing of summons and
consists of the change of pleadings between
parties
∙ Pleadings are served on the opposing party and
then filed at court

Preparation for trial stage:
∙ Commences upon litis contestation
∙ There has been a joinder of issue – ie: the issues
in the dispute have been crystallised
∙ Parties are ready to collect evidence to prove
their claims or defences

, Trial stage:
∙ Litigants adduce evidence
∙ Ie: they use facta probantia to prove the facts in
issue
Pleadings Phase

REPLICATIO
SUMMONS PLEA
N / REPLY




SHERIFF
ISSUES =A
LITIS
SUMMONS DEFENDED
CONTESTATIO
ON ACTION
DEFENDANT



UNDEFENDED NOTICE OF PREPARATION
- DEFAULT INTENTION FOR TRIAL
JUDGMENT TO DEFEND




GENERAL:

Pleadings:
∙ = formal documents in which each litigant is
required to set out the material facts upon which
the claim or defence is founded
∙ Material and factual allegations are not made
under oath and thus cannot be used as evidence

2 distinguishing features of pleadings:
∙ Sets out the material facts of the claim or
defence
∙ Sets out the relief sought in the form of prayers

WHAT CONSTITUTES PLEADINGS:

Following written documents = pleadings:
∙ Particulars of claim