DRAFTING A HIGH COURT COMBINED SUMMONS WHERE THE CAUSE OF ACTION IS THE BREACH OF AN AGREEMENT (PART 3 - THE PARTICULARS OF CLAIM: SIGNING OFF AND FINAL STEPS)

{Thread}
1/ At the end of every pleading, we need to indicate the date on which the particulars were signed as well as the place at which they were signed. We must also include the plaintiff’s attorney’s details, such as its address, contact numbers etc.
2/ Let’s quickly look at Rule 18(1) again. In terms of this Rule, the POC shall be signed by both an advocate and an attorney or, in the case of an attorney who has the ROA in the superior courts, only by such attorney or, if a party sues or defends personally, by that party.
3/ Put simply, the POC must be signed by an attorney with right of appearance in the superior courts, or an advocate. Remember this Rule only applies to HC pleadings. Pleadings in the MC may be signed by an attorney regardless of whether they have ROA in the superior courts.
4/ We will pretend that the attorney in our example has right of appearance in the superior courts. The signing off portion of the particulars will therefore look as follows:
5/ You will note that provision has been made for the signature of Raymond Donovan as well as the plaintiff’s attorneys, which is the firm at which Raymond Donovan works.
6/ The signatory section of the particulars is set out in such a manner so that the attorney with right of appearance identifies themselves and confirms that they are admitted in terms of section 25 of the Legal Practice Act.
7/ Below the signature of the attorney with right of appearance, is a place for the signature of the plaintiff’s attorneys. An admitted attorney without ROA may sign here, however, it may be easier just to have the attorney with right of appearance sign in both spots.
8/ And that’s that. We have drafted our combined summons. All that we have left to do is compile the combined summons. This means that we must attach the particulars of claim to the summons and attach and mark the annexures to the particulars of claim.
9/ We obviously need to sign the summons and particulars of claim as well. Once the aforementioned has been attended to, you can make the necessary copies and draft the documents to accompany the summons for issuing.
10/ For more information on issuing etc, check out our episode on the formalities of the summons. #lawtwitter #lawyered #llbtwitter #Ławrow

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1/ In the next several threads, we are going to step it up a notch and draft a combined summons together.

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