I don't know about you, but one of my favourite parts of motion proceedings is diarising my application, sticking to the time limits and when I have receive a notice of intention to oppose from my opponent, watching my opponent explain why they were not ready for the court date.
Well... it seems like those days are in the past now. Our High Court has recently released a directive in terms of which opposed motions have to be case managed now.
This will very well change the meaning of the term "opposed motion" for me in the sense that an opposed motion to me was one in which I have received an opposing/ answering affidavit. Many litigants are quick to deliver that two page notice just to delay the matter, but I have always been able to get the matter enrolled on the unopposed roll when the time period for delivery of the answering affidavit has expired.
Now- believe me- after receipt of the answering affidavit there is not much to case manage. I guess that for us to insert this case management process into what is already a lengthy process (with court dates being notoriously far in the future from the date on which proceedings are instituted) we shall have to start at the moment at which that notice of intention to delay- pardon me- to oppose- gets delivered.
Then the Respondent's representative can at least place on record in court when they intend to file their answering affidavit and- with case management orders being orders of court- they can find themselves in non-compliance with a court order if they do not serve that affidavit on time.
Well- at least those among us who have had trouble keeping to time limits now have the Court's assistance...
Well... it seems like those days are in the past now. Our High Court has recently released a directive in terms of which opposed motions have to be case managed now.
This will very well change the meaning of the term "opposed motion" for me in the sense that an opposed motion to me was one in which I have received an opposing/ answering affidavit. Many litigants are quick to deliver that two page notice just to delay the matter, but I have always been able to get the matter enrolled on the unopposed roll when the time period for delivery of the answering affidavit has expired.
Now- believe me- after receipt of the answering affidavit there is not much to case manage. I guess that for us to insert this case management process into what is already a lengthy process (with court dates being notoriously far in the future from the date on which proceedings are instituted) we shall have to start at the moment at which that notice of intention to delay- pardon me- to oppose- gets delivered.
Then the Respondent's representative can at least place on record in court when they intend to file their answering affidavit and- with case management orders being orders of court- they can find themselves in non-compliance with a court order if they do not serve that affidavit on time.
Well- at least those among us who have had trouble keeping to time limits now have the Court's assistance...
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