Eckard’s Principles of Civil Procedure in the Magistrates’ Courts

civil procedure
30 May 2019

About this publication:

Eckard’s Principles of Civil Procedure in the Magistrates’ Courts considers the law of civil procedure in the magistrates’ courts. The work provides a comprehensive and up-to-date overview and analysis of civil procedural law in the magistrates’ courts and includes numerous illustrative examples of pleadings and notices as well as various prescribed forms relevant to proceedings.

The content of this edition is presented in well-organised chapters, which highlight features of practical importance to scholars and the legal profession. It provides extensive coverage of complex issues and new material.

Key features and benefits:

  • A comprehensive and well organised exhibition of this branch of the law
  • A source of academic and practical commentary by an expert in the field
  • Up-to-date content regarding civil procedure in the magistrates’ courts
  • Includes forms and templates used in civil proceedings in the magistrates’ courts
  • Supported by practical examples

Contents include:

  • Table of cases
  • Alphabetical list of subjects and sections
  • Numerical list of relevant sections of the Magistrates’ Courts Act 32 of 1944
  • Numerical list of relevant rules of the magistrates’ courts
  • Numerical list of relevant forms appearing in annexure 1 to the rules
  • Alphabetical list of subjects and rules
  • Alphabetical list of examples
  • Chapter 1: Historical review
  • Chapter 2: General comments on procedural law
  • Chapter 3: Court personnel, mediation, and legislative developments
  • Chapter 4: Jurisdiction
  • Chapter 5: The forms that proceedings may take
  • Chapter 6: The application procedure
  • Chapter 7: Arrests, attachments, interdicts and mandamenten van spolie
  • Chapter 8: The summons
  • Chapter 9: Service of the summons
  • Chapter 10: Satisfaction of claims, judgment by consent and default judgment
  • Chapter 11: Notice of intention to defend, summary judgment, and provisional sentence
  • Chapter 12: The exception and the application to strike out
  • Chapter 13: Offer or tender to settle
  • Chapter 14: The plea, claims in reconvention, the reply and close of pleadings
  • Chapter 15: The trial and the preparation for it
  • Chapter 16: Costs
  • Chapter 17: Execution
  • Chapter 18: Appeals and reviews
  • Chapter 19: Debt-collecting procedure
  • Chapter 20: Administration orders
  • Index

Of interest and benefit to:

  • Advocates
  • Attorneys
  • Candidate attorneys
  • Pupils at the Bar
  • Law students
  • Law lecturers

About the author:

Dr Theo Broodryk is currently the managing attorney at the Stellenbosch University Law Clinic, the 2019 South African Social Justice Law Firm of the Year and the first law clinic to be awarded the South African Specialist Law Firm of the Year at the 2019 Global Law Experts Annual Awards. He also lectures Civil Procedure and Legal Skills at the Stellenbosch University Faculty of Law. Prior to this, he completed his articles and practiced as an attorney at the largest law firm in Africa. He holds the BA, LLB and LLD degrees. He has published numerous law journal articles and has been awarded research funding awards and scholarships to conduct research at Stanford University in the United States and Cambridge University in the United Kingdom.

General information

  • Edition: 6th
  • Available: 30 May 2019
  • Author: Theo Broodryk
  • Format: Soft cover
  • Language: English
  • ISBN: 978 1 48513 363 6
  • Extent: 438 pages
  • Retail price: R525
    (Price incl. 15% VAT and is valid until 30 June 2019. Excludes courier delivery.)

Click here to order your copy.

See also: Juta publication: Superior Courts Act & Magistrates’ Courts Act, and Rules & Periodic Time Charts 2019

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
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