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

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Topics Dispute Resolution | Running Your Practice

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.)

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(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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