Thread by @LawyeredSouth

HOW TO USE CASELINES - OPPOSED MOTIONS (PART 1: THE PROCESS PRIOR TO APPLYING FOR AN OPPOSED MOTION DATE)

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1/ Before I get into the CaseLines side of things concerning opposed motion dates, I will briefly explain the process leading up to the point of requesting an opposed motion date.

An opposed motion date will be required when an application becomes formally opposed.

2/ It is not as simple as that however, so let me explain the process.

The following explanation is in line with the Uniform Rules of Court and the Gauteng Division’s various Practice Directives. Let’s start.

3/ Once you have drafted a notice of motion and founding affidavit (ie an application), you will need to attend Court in person to issue same.

After the registrar has issued the application, it’s time to create a case on CaseLines.

4/ I will go through this process briefly with you now but for a detailed explanation on how to create cases and upload documents, check out the previous CaseLines episode.

5/ In case you forgot, when inserting the case name, you must first indicate what type of matter your case is and then insert the parties’ details.

As our matter at present is unopposed (essentially all applications are unopposed until formal opposing papers are received), the

6/ case name will look as follows:

Unopposed Motion (*insert type*) Venter S vs Venter E.

Let’s pretend our application is for the appointment of the applicant as a minor child’s guardian, so in the brackets, type “Guardianship Application”.

7/ Remember to also enter the case reference, which is the case number, recorded with the year in full and without any 0 preceding the case number, e.g. 2005/44; 2012/123; 2019/93222; etc.

The “Front Page” entry will be the relevant court’s template.

Click “Create Case”.

8/ We have now created a case on CaseLines. Next up, we need to upload to the case the application, which is the notice of motion and founding affidavit.

In order to do so, we need to create a section, so, click “Create New Section.”

Under “Section Number” insert “1” or “01”.

9/ Your “Section Title” can be either “Notice of Motion and Founding Affidavit” or “Guardianship Application”. Use whatever you would prefer.

Insert “1” or “01” again for “Section Order” (this is not strictly necessary and can be left blank).

10/ Leave the two drop-down options as the default.

Click create.

You now have your first section so proceed to upload the issued guardianship application to said section.

Give it 5 minutes or so then click on “Review” and you should be able to see your case with the

11/ application under the created section.

Before you proceed further, the practice directives require that two additional sections be created, namely “Judicial Remarks” and “Invitation List”. Create these sections.

12/ Take note that with unopposed motions, you may either first obtain an unopposed date and then instruct the sheriff to serve the application on the respondent, alternatively you can have the application served immediately after issuing and obtain a date thereafter.

13/ In the latter instance, you will need to serve a notice of set down once an unopposed date has been allocated. I personally prefer obtaining a date first before having the application served.

14/ For purposes of this thread, we will first obtain a date and then have the application served, so it is now time to apply for an unopposed date.

If you watched our previous episode, you would know how to apply for an unopposed date, but as a reminder, you will need to do

15/ the following:

Complete and upload to new separate sections:
A date application form;
A Directive Compliance Declaration; and
A blank notice of set down (normal set down but excluding the hearing date).

16/ Once you have created the sections and uploaded the documents, you can invite the correct provisional enrolment registrar. The various provisional enrolment email addresses can be found in the Revised Consolidated Directive dated 18 September 2021.

17/ Remember that the registrar must be invited between the hours of 9h00 and 15h00 only.

The registrar will allocate a date within a few days/weeks after being invited to the case.

I also recommend making a note on the case requesting an unopposed date from the registrar.

18/ Once a date has been allocated, insert the unopposed date on the notice of motion and have the sheriff serve the application on the respondent.

Take note that we will not be looking at interlocutory applications in this episode.

19/ Once the application has been served, you will need to wait for the dies to expire. Once the dies has expired and no notice of intention to oppose is received, you can start preparing for the final enrolment of the matter on the allocated unopposed date.

20/ Please also note that when uploading documents, you must include the upload date in the document title. For example – Notice of Intention to Oppose (12 May 2022). The upload date is usually automatically included when uploading documents.

21/ At this point in time, the “Review” section on CaseLines will look as follows:

22/ You will note that the two additional sections are not visible. This is because no documents have been filed under said sections.

As the focus of this episode is on opposed motions, let’s assume that a notice of intention to oppose was received and thereafter an answering

23/ affidavit.

When you receive a notice of intention to oppose, you will need to invite the respondent’s attorneys to the file on CaseLines in order for them to upload said notice and all subsequent notices and pleadings.

24/ To do this, click on the “People” tab and then click “Invite New Participant”.

25/ You will then simply insert that relevant email addresses, indicate the individuals’ roles (ie “Attorney”) and click “Invite” at the bottom of the page.

26/ Once the respondent has delivered, via his attorneys, his notice of intention to oppose and answering affidavit, he will upload same to CaseLines under new sections.

In terms of the rules, the applicant may then deliver a replying affidavit should it elect to do so.

27/ Let’s pretend that we delivered a replying affidavit in this matter.

To complete delivery, we need to upload the served replying affidavit to CaseLines.

28/ So, go ahead and click on “Sections” again, and then click on “Create New Section”.

The section number will be “5” or “05”. This is because the respondent’s notice of intention to oppose and answering affidavit are numbered 3 and 4, respectively.

29/ The section title will obviously be “Replying Affidavit.”

Click “Create”.

30/ You have now delivered the replying affidavit.

Take note that when serving via email, upload to CaseLines together with the relevant notice or pleading, proof of service. For example, the email to which the relevant notice or pleading was attached.

31/ Under “Review”, the case will look as follows:

32/ We are not ready just yet to apply for an opposed date.

Before we can do so, the following needs to be delivered and uploaded to CaseLines:
oConsolidated index;
oBoth parties’ heads of argument;
oBoth parties’ practice notes;

33/ oApplicant’s chronology table (date, events and references) and if disputed, the respondent’s chronology table;
oBoth parties lists of authorities.

Let me break the above down for you in more detail:

34/ Once the final affidavit has been delivered (in this case the replying affidavit), the applicant will need to deliver a consolidated index. Should the applicant fail to deliver said index, the respondent may do so instead.

10 days after the consolidated index has

35/ been delivered, the applicant shall deliver her heads of argument, practice note, chronology and list of authorities.

The respondent shall then deliver his heads of argument, practice note and list of authorities within 10 days after receiving the applicant’s heads of

36/ argument and practice note.

If the applicant doesn’t deliver her heads of argument and other documents within 10 days of the index being delivered, the respondent may do so.

37/ If either the applicant or respondent doesn’t deliver their heads of argument and/or practice note etc within the time frames provided, the complying party may launch an interlocutory application to compel the other party to deliver the aforesaid documents.

38/ For purposes of this thread, however, we will assume that both parties timeously delivered their heads of argument and accompanying documents.

Once the above has been complied with, it’s time to apply for an opposed motion date.

39/ Before we move on to the date application component of this episode, take note that our “Review” section will look as follows:

40/ You will note that I have made a single section for both parties’ heads of argument as well as both parties’ practice notes. Should you prefer, you can make separate sections for the respective parties’ heads and practice notes.

41/ Also note that sometimes, the parties’ list of authorities is incorporated in their heads of argument. If this is the case, just create a section stating “Heads of Argument and List of Authorities”.

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