Thread by @LawyeredSouth

CaseLines: creating cases; uploading documents; applying for unopposed dates {Part 4: Applying for Unopposed Dates}

1/ General info to note when applying for unopposed dates (unopposed motions, default judgments etc):

When applying for an unopposed date, you must complete and upload:

A date application form;
A Directive Compliance Declaration; and
A blank notice of set down.

2/ The date application form can be found annexed to the recent Notice to All Litigation Attorneys in Gauteng in Re Innovations in the Organisation of the Motion Court in Johannesburg. The Notice is dated 29 November 2021. Take note that this is a new date application form.

3/ You can complete the form in pen and upload it.

The Directive Compliance Declaration must state “I, (your name) hereby certify that I am in compliance with this Consolidated Directive in that I have done the following:…” and must set out exactly what you complied with.

4/ You must also confirm that no duplicate file for the matter exists on CaseLines & that all the parties/their representatives have been invited to the case. The names of all parties/their representatives and their tel numbers & email addresses should reflect on the Declaration.

5/ Where no statement/declaration is filed, the registrar will not allocate a hearing date.

With regards to the Date Application Form section and Directive Compliance Declaration section, you can also number them “00” or “03” etc. Make a section for each.

6/ We like to have a separate numbering system for the pleadings and notices and another for the administrative documents.

The Notice of Set Down will be the usual, except there will be a blank space where the hearing date should be.

7/ We also like to upload the draft order simultaneously with the Notice of Set Down.

Once you have created the sections and uploaded the documents, you can invite the correct provisional enrolment registrar.

The registrar must be invited between 9h00 and 15h00 only.

8/ The registrar will allocate a date within a few days/weeks after being invited to the case. We will be looking at a few of the specific types of unopposed matters next.

Take note that this thread only covers up until a provisional date is allocated.

9/ Default judgment:

Category “Y” matters:

Where the defendant fails or refuses to file a notice of intention to defend or defends the matter but is subsequently barred, the plaintiff must apply to the registrar for a default judgment date in the Trials Interlocutory Court.

10/ The profiles to be invited to enroll trial interlocutory applications (including Y category DJts) are:

In PTA:
[e-mail] - where a trial date has been allocated.
[e-mail] - where no trial date has been allocated.

11/ In Johannesburg:
[e-mail].

To invite the registrar, go to “persons” and enter the email address and click invite. If you want, add an invitation note requesting that a default judgment date be allocated. Don’t change any of the permissions.

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14/ Upon being satisfied that the plaintiff is compliant, the registrar will allocate a date in the Trial Interlocutory Court and notify the parties accordingly.

Date allocation tends to take between 1-2 weeks in Joburg but in Pretoria it often takes longer.

15/ To see whether a date has been allocated, click on the tab “View Case List” on the main toolbar at the top. You will now see all the cases you are a part of.

There is a heading above your cases which states “Next Hearing Date”. The date allocated will reflect thereunder.

16/ If it does not reflect thereunder, go into the case (review evidence) and see whether the registrar has allocated a date by way of leaving a note on the case.

17/ The notes can be found on in the column to the right-hand side of the page.

18/ Category “C” “D” “P” and “F” matters:

Should you be in a position to apply for default judgment in respect of the above categories of matters, you must upload your date application form, Directive Compliance Declaration and notice of set down with the hearing date omitted.

19/ Create a section for your Notice of Set Down and upload it. If you want to upload your draft order as well, do so. Create a separate section for your draft order.

You must obviously also upload your application for default judgment with the hearing date omitted.

20/ This is what we mean when we say date omitted.

21/ The office profiles to be invited in order to have a default judgment date allocated are:

In Pretoria:
[e-mail].

In Johannesburg:
[e-mail].

22/ You will follow the exact same procedure as set out already with regards to Y matters. It is only the actual email address that will differ.

To determine whether a date has been allocated, follow the exact same procedure.

23/ Default judgment in terms of rule 31(5):

These types of default judgments are lodged with the registrar instead of being heard in open court. You may only proceed with such a default judgment when your client’s claim is for a debt or liquidated demand.

24/ When proceeding in terms of rule 31(5), you are to ensure that the default judgment application and all supporting documentation has been uploaded to CaseLines.

25/ Thereafter, you must prepare and upload an affidavit or certificate confirming compliance with Rule 31(5)(a) and the latest Directive, especially with regards to inviting the defendant to the case on CaseLines. A checklist must also be completed.

26/ You will then invite the default judgment registrar to the electronic case file.

In Pretoria:
[e-mail].

In Johannesburg:
[e-mail].

27/ The default judgment registrar shall invite the allocated registrar to the case. After having considered the application, the registrar shall make a decision in terms of Rule 31(5), endorse the electronic file with the judgment and amend the prefix to include the outcome.

28/ For example - Granted Rule 31(5): Dlamini (Pty) Ltd Vs Dlamini & Sons CC as well as invite the typist and statistics office to the case file.

29/ Unopposed summary judgment:

In the event that you wish to proceed to summary judgment after receiving a plea from the defendant, you will follow a very similar process as that for default judgments. In fact, the process is much the same for most types of unopposed matters.

30/ First, make sure everything has been uploaded to CaseLines & that you've amended the case’s prefix.

Next, upload:

SJ application with the hearing date omitted;
the date application form (make sure you tick S for SJ);
your DCD;
a blank notice of set down; &
a draft order.

31/ NB - as it often takes a while to receive a date, serve and file your SJ application before a date is obtained so that you comply with the rules of court. Once a date is allocated, either serve a notice of set down or simply serve your SJ application again with the date on.

32/ Once you've attended to the aforementioned, you must invite the following profile to obtain a provisional date:

In PTA:
[e-mail].

In JHB:
[e-mail].

You will then be allocated a date in the usual manner.

33/ Other unopposed matters:

You should now have an idea of what to do. The only real difference in the unopposed date application process is the office profiles to be invited to CaseLines.

Take note of the office profiles to be invited, depending on the nature of your matter:

34/ In Pretoria:

[e-mail] for unopposed divorce, opposed or unopposed Rule 43, guardianship and summary judgment applications;

[e-mail] for Rule 31(2) default judgment applications;

35/ [e-mail] for liquidation, rehabilitation, sequestration & surrender of estates;

[e-mail] for other unopposed applications, including ex-parte, interlocutory applications not related to a trial, Rule 46 etc;

36/ [e-mail] applications related to trial and for interlocutory applications in terms of Rule 46(11), 46A(9)(d), variation of Court Orders, applications to compel Heads of Argument, Transfer of Matters, consent to Judgment...

37/...confirmation of Settlement Agreements, Substituted Service, Edictal Citations, applications for Curatorship, Interim Payment, applications to compel the HPCSA to make a decision on the RAF 4 forms and other non - Y Interlocutory applications.

38/ With regards to a Non-Y category trial matter that has a trial date, the Trial set down Notice must be uploaded; and

[e-mail] for admission of legal practitioners.

39/ In Johannesburg:

[e-mail] for unopposed applications, unopposed divorce, opposed and unopposed Rule 43, unopposed Summary Judgment, ex parte applications, unopposed interlocutory applications;

40/ [e-mail] for trial interlocutory applications and admission of legal practitioners.

41/ Take note that in instances where you require specific dates to be allocated due to counsel’s availability/non-availability or another valid reason, a CaseLines Note to that effect may be made for the Registrar’s consideration.

42/ Such date requests should be for a date range (e.g. ‘last week of June’) and NOT for a specific date; and should be sufficiently motivated.

43/ Please be reminded that we are not affiliated with CaseLines or the judiciary. This thread is based on personal experience. #law #lawtwitter #llbtwitter #llb #legal #legaltech #innovation #caselines