Glossary of Civil Procedure Terms

Introduction

This glossary provides definitions of key civil procedure terms in South African law. The terminology reflects the English common law origins of South African procedural law, with the Uniform Rules of Court governing practice in the High Court.

Key Terms

Summons: A document initiating civil proceedings in the High Court. The summons sets out the plaintiff’s claim and informs the defendant of the proceedings. A simple summons is used for liquid claims, while a combined summons (with particulars of claim) is used for illiquid claims.

Plea: The defendant’s response to the plaintiff’s claim, setting out the grounds of defence. The plea must admit or deny each allegation in the particulars of claim. A defendant may also plead a confession and avoidance, admitting the facts but raising new facts that defeat the claim.

Exception: A pleading that objects to the opposing party’s pleading on the ground that it lacks legal substance or is vague and embarrassing. An exception challenges the legal validity of the claim or defence.

Absolution from Instance: A judgment granted at the close of the plaintiff’s case, where the court finds that the plaintiff has failed to adduce sufficient evidence to establish a prima facie case. The defendant is not required to present evidence.

Automatic Rent (Default Judgment): A judgment granted by default where the defendant fails to enter an appearance to defend or fails to deliver a plea within the prescribed time. The plaintiff may apply for default judgment without a hearing.

Summary Judgment: A procedure allowing a plaintiff to obtain judgment without a trial where the defendant has no bona fide defence. Summary judgment is available for liquid claims and certain other claims, subject to strict procedural requirements.

Interdict: A court order requiring a person to refrain from doing something (prohibitory interdict) or to do something (mandatory interdict). Interdicts are granted to protect rights pending final determination.

Discovery: The process by which parties disclose relevant documents to each other. Discovery must be made on oath, and there are obligations to disclose documents that are adverse to a party’s case.

Costs: An order that one party pay the legal costs of another party. Costs follow the result, meaning the successful party is generally entitled to costs. The court may make special costs orders, including attorney-and-client costs or punitive costs on the scale as between attorney and own client.