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Christo Smith Law Blog

New Publication in Magistrate’s Court Practice


Civil Procedure in the Magistrate’s Court : The Practitioner’s Manual – author: CP Smith

This work serves primalrily as a manual and guide to article clerks who need to prepare for the admissions examinations or attorneys who need to refresh themselves with the rules of the Magistrate’s Court or procedures. Since the promulgation of the new rules which are now similar to those of the High Court, many attorneys find it difficult to adapt, especially in view of the various differences that remain. The author is a practising attorney with 28 years experience in Magistrate’s Court litigation. He is also the author of Eviction and Rental Claims : A Practical Guide.

This book is a helpful tool in understanding and applying the basics of the new rules without the need to consult other more elaborate text books. It explains the basics of the litigation process and common proceedings with reference to applications, (both interlocutory and substantive) and actions. The rules of court are included in an appendix as well as detailed precedents of notices, affidavits and pleadings. A comprehensive index is also provided for ease of reference.

The work deals with the following :

1 Overview of the litigation process
2 Jurisdiction
3 Action procedure
4 Defended actions
5 Common action proceedings
6 Motion procedure
7 Common substantive applications
8 Common interlocutory and ex parte applications
9 Appeals and reviews
10 Costs
11 Execution and attachment
12 Debt collection
13 Protocol and ethics
14 Heads of argument
15 Reading law reports
16 Mediation

The book can be ordered from LexisNexis : follow this Link

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New Publication in Magistrate’s Court Practice