1. Notice of intention to defend
If a summons is served on you by the sheriff
of the court, and you believe you do not
owe the money claimed in the summons,
you have five court days from the date
that the sheriff served the document on
you, to file and serve a notice of your
intention to defend the summons. The
reserve side of the summons contains such
a notice. Complete and sign the notice.
Thereafter file a copy with the clerk of the court from which the summons was issued. Make sure you have two additional copies, which the clerk of the court must stamp with the official court stamp. After you have filed the notice with clerk, serve one of the copies on the plaintiff or his attorney as specified on the face of the summons. Again, make sure the plaintiff or his attorney stamps the copy.
2. Summary judgment
In some circumstances the plaintiff is entitled,
after receipt of the notice to defend, to
apply for summary judgment against
you. Summary judgment is a procedure
designed to provide a mechanism through
which a plaintiff is entitled to a speedy
finalisation of his claim, where it is clear
that the defendant simply filed a notice
of intention to defend for purposes of
gaining some time or to delay payment
of the claim.
The defendant may avoid summary judgment being granted by filing an affidavit with the clerk of the court and the plaintiff or his attorney. The affidavit must be signed before a commissioner of oaths and must specify the nature of your defence against the claim.
3. Plea
You have 10 days from the date when the notice of intention to defend
was filed,to file and serve a plea. The plea is the document that sets out the nature
of your defence against the claim.
4. Discovery
After filing and serving a
plea, both plaintiff and defendant will be
entitled to demand discovery from each
other. Discovery is the process through
which the plaintiff and defendant notify
each other what documents they intend
to use and present as evidence at the trial.
5. Trial
The plaintiff usually starts first
in presenting the evidence in support
of his claim. You will be entitled to
cross -examine the plaintiff's witnesses.
Once the plaintiff is finished with his
evidence, the defendant may testify and
call witnesses on his behalf. The plaintiff
also has the right to cross -examine the
defendant 's witnesses.
6. Judgment
After hearing evidence, the
presiding magistrate will grant judgment
in favour of the plaintiff, dismiss the action
or grant an order of absolution from the
instance. Absolution from the instance
is granted against a plaintiff who fails to
present sufficient evidence at the trial to
make out a so -called prima facie case
against the defendant.
7. Appeal
A defendant or plaintiff who
believes the magistrate was wrong in
reaching the conclusion that he or she
reached, may lodge an appeal.
Please note: This is simply an overview. If in doubt about your rights, seek professional advice.