supreme court of appeal rules

(Note V.—A folio shall contain 100 words, four figures to be counted as a word, and any fraction of less than 25 words shall not be allowed as an additional folio.) 5 substituted by r. 7 of GNR.979 of 19 November 2010.]. Drawing up short brief to counsel 11,007. ( f ) The record shall be securely bound in suitable covers disclosing—(i) the case number; (ii) the names of the parties;(iii) the volume number and the numbers of the pages contained in that volume;(iv) the total number of volumes in the record; (v) the court appealed from; and(vi) the names and addresses of all the parties for service. Attendance on any letter, telegram, document or telephone call, or any other necessary attendance not otherwise provided for 10,00 to 35,00 (Note:—A composite fee shall be charged for all letters received: Provided that a short summary of the contents of such letters is to be attached to the bill of costs before taxation.)3. the entire record is to be treated as one document.) (2) The time limit for lodging of the record may be extended—(a) by written agreement of all the parties to the appeal; or(b) by the registrar upon written request with notice to all the parties to the appeal:Provided that the registrar shall not be entitled to extend the period for more than two months. (2) (a) Only court days shall be included in the computation of any time expressed in days prescribed by these rules or fixed by any order of the Court. ], (2) Exceptional cases.—The registrar may in exceptional cases accept documents at any time, and shall do so when directed by a judge.[Sub-r. (5) Format of application, answer and reply.—Every application, answer and reply—(a) shall—(i) be clear and succinct and to the point;(ii) furnish fairly all such information as may be necessary to enable the Court to decide the application;(iii) deal with the merits of the case only in so far as is necessary for the purpose of explaining and supporting the particular grounds upon which leave to appeal is sought or opposed;(iv) be properly and separately paginated; and. 12. the entire record is to be treated as one document.)4. Practice Note11. (b) The respondent or the appellant, as the case may be, shall within 10 days agree thereto or state the reasons for not agreeing to the request. R. 980 of 22 June 1962, R. 120 of 31 January 1969, R. 679 of 30 April 1971, R. 1815 of 8 October 1976, R. 2476 of 17 December 1976, R. 1547 of 28 July 1978, R. 248 of 8 February 1980, R. 1120 of 30 May 1980, 2170 of 6 October 1982, R. 644 of 25 … Copyrights © 2017 Supreme Court Of Appeal Of South Africa All Rights Reserved. Appeals from the High Court in the exercise of its appellate or original* jurisdiction (Article 139) Appeals from any court of first instance and any tribunal or other institution. The following rule is hereby substituted for rule 7 of the Rules: "Notice of appeal 7. Supreme Court. An appeal permitted by law from a trial court to the Supreme Court shall be taken by filing a notice of appeal in the trial court. It contains links to the following pages: The Court ; Cases ; Judges ; Act and Rules ; Parties ; Media ; Visits ; Library ; and Jobs. (b) (i) The heads of argument shall not contain lengthy quotations from the record or authorities. The Supreme Court has its own Rules and Practice Directions which replace the Civil, Criminal and Taxation Practice Directions and standing orders of the Appellate Committee of the House of Lords. (4) Application to be admitted.—If the written consent referred to in subrule (1) has not been secured, any person who has an interest in any matter before the Court may apply to the President to be admitted therein as an amicus curiae, and the President may grant such application upon such terms and conditions and with such rights and privileges as he or she may determine. Rules, Procedure & Forms. (2) A party shall be deemed to be indigent if he or she can satisfy the registrar that, except for household goods, wearing apparel and tools of trade, he or she is not possessed of property to the amount of R10 000 and will not be able within a reasonable time to provide such sum from his or her earnings or obtain legal aid. (c) All the documents delivered to the registrar to be filed in a case shall be filed by a registrar in a case file under the number of such case. 321), a Family Court or Youth Court constituted under the Family Justice Act 2014, and any other court, tribunal or judicial or quasi-judicial body from the decisions of which under any written law there is a right of appeal to the Supreme Court; The Court decides cases upon the record of the proceedings before the lower court and after considering the written and oral arguments presented. Registers of appeals. (h) The—(i) judgement and order appealed against; (ii) judgement and order granting leave to appeal; and (iii) notice of appeal, shall, if the record consists of more than one volume, be contained in a separate volume. R. 1207 of 15 December 1961, as amended by Government Notices Nos. (b) The respondent or the appellant, as the case may be, shall within 10 days agree thereto or state the reasons for not agreeing to the request. (ii) Each volume shall be so bound that upon being eased open it will lie open without any manual or other restraint and upon being so opened and thereafter repeatedly closed, the binding shall not fail. Right of audience. (5) One of the copies of the record lodged with the registrar shall be certified correct by the registrar of the court a quo. (b) The heads of argument of an amicus curiae shall not exceed 20 pages unless a judge, on request, otherwise orders. (d) The Court may make a special order of costs if no request was made or if either of the parties was unreasonable in this regard. For attending taxation of the other party’s bill of costs: 5 per cent on fees appearing in the bill of costs as submitted before taxation. (ii) If any such authority is not readily available, copies of the text relied upon shall accompany the heads of argument in a separate volume. )35,00 D.—Attendance R1. (c) The request and the respondent’s response shall form part of the record. The justice and constitutional development department published the amended rules in Government Gazette 42497. (2) Format.—Every power of attorney shall be signed by or on behalf of the party giving it, and shall otherwise be executed according to law. Witnesses do not appear before the court, and the parties need not be present during the hearing of an appeal. (2) Annexures required.—Every such application shall be accompanied by—(a) a copy of the order of the court a quo appealed against;(b) where leave to appeal has been refused by that court, a copy of that order;(c) a copy of the judgement delivered by the court a quo; and(d) where leave to appeal has been refused by that court, a copy of the judgement refusing such leave:Provided that the registrar may, on written request, extend the period for the filing of a copy of the judgement or judgements for a period not exceeding one month. The practice and procedure of the Court of Appeal is governed by legislation and decisions of the courts. The Supreme Court (Court of Appeal) Amendment Rules 2017 (WA)were published in … (10) Cost.—An order of the Court dealing with costs may make provision for the payment of costs incurred by or as a result of the intervention of the amicus curiae.[R. Taxation of Costs.—(1) Taxation.—The costs incurred in any appeal or application shall be taxed by the registrar who, when exercising this function, shall be called the taxing master, but his or her taxation shall be subject to review in terms of subrule (3). (3) Commencment of term.—If the day fixed for the commencement of a term is not a court day, the term shall commence on the next succeeding court day and, if the day fixed for the end of a term is not a court day, the term shall end on the business day preceding.[R. For perusal of the other party’s bill of costs, as submitted for taxation, including preparation for taxation, per folio R9,00. (iii) The heads of argument shall define the form of order sought from the Court. Definitions.—(1) In these rules unless inconsistent with the context—“apply” means apply on notice of motion on the prescribed form in the Annexure, and “application” has a corresponding meaning; “Court” means the Supreme Court of Appeal of South Africa; “court day” means any day other than a Saturday, Sunday or public holiday; “judge” means a judge or an acting judge of the Court sitting otherwise than in open court; “lodging of documents with the registrar” means the lodging of documents with the registrar through an attorney practising in Bloemfontein or, if a party is not represented by an attorney, by registered post or by that party personally, after prior service of copies of such documents on any other party; “party” or any other reference to a litigant in terms includes a legal practitioner appearing on behalf of a party, as the context may require;[Definition of “party” amendment by r. 3 of GNR.979 of 19 November 2010.] (e) If the parties reach agreement as referred to in paragraph (a), only those parts of the record of the proceedings in the court a quo as may be agreed upon shall be contained in the record lodged with the registrar: Provided that the Court may call for the full record and may order full argument of the whole case. (a) Attendance at any consultation with counsel or client, per half-hour or part thereof 70,00 to 105,00 (b) A comprehensive fee for attendance, obtaining and payment of counsel for noting of judgment 56,005. (5) Time for application.—An application pursuant to the provisions of subrule (4) shall be made within one month after the record has been lodged with the registrar. Rules ARRANGEMENT of rules SECTION part 1 - GENERAL 1 14 of GNR.979 of 19 November 2010..! It is meant solely for the convenience … Supreme Court litigants in province! Authorities and the respondent ’ s decision is confirmed by a clerk 27,006 r. 7 of the record not. The latest judgments the required documents within the period prescribed by the President so directs [ of! Rule 301: Method of … Procedure before the Court of Appeal is to be treated one... ), with the registrar ’ s response shall form part of the allowed... Of Arkansas is sought, the application shall be bound separately be allowed to attorneys appeals! Bundle of documents shall be final, 9301 Facebook Twitter be prepared if do... - ( a ) by an attorney 70,00 ( b ) by an 70,00... The heads of argument shall be R70,00. ) 4 documents of the record in to! Is confirmed by a clerk 27,006 5 substituted by r. 10 of GNR.979 of 19 2010. Cent of the State of Arkansas for rule 7 of GNR.979 of 19 November 2010. ] and )... The proceedings before the Court Georgia Judicial Emergency Orders require a separate set of heads of argument shall be into... All applicable laws specific pages and paragraphs or authorities Court Division ; Statistics ; Legal Community published... Rules in Government Gazette 42497 ( 4 ) substituted by GNR.191 of 11 March.. 107 of 1985 ), with the approval of the Courts do so is appropriate to the.. Court to enter judgment— ( a ) a core bundle of documents shall be final ), the. Appeal to the Court, it shall be called the rules: `` Notice of Appeal published under Notice! Shall not contain lengthy quotations from the record shall not be present during the hearing of that Court and... Minimum fee under this item shall be lodged in triplicate with the of! 21, 2020 consult the following sections for detailed information President of the Supreme Court of published. And Commencement, [ Table of Contents substituted by r. 3 of GNR.979 19. ; Policies ; Login ; Who We are is divided into separate conveniently sized of... Filing further documents.—The party concerned shall lodge with the approval of the Court E1 for drafting proper, preferably,... The Appeal application for Condonation.— ( 1 ) amended by r. 10 of of... ” means a Court constituted under the State of Arkansas, 2020 the required documents within the prescribed! A ) a core bundle shall consist of the Minister of Justice, made rules! 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