Podcast
Questions and Answers
What occurs if a defendant fails to appear in court or to plead?
What occurs if a defendant fails to appear in court or to plead?
Summary judgment can be applied for if there is a valid defense present.
Summary judgment can be applied for if there is a valid defense present.
False
What must a plaintiff do to apply for default judgment in the case of an unliquidated claim?
What must a plaintiff do to apply for default judgment in the case of an unliquidated claim?
Set down an application for hearing and satisfy the court about the quantum of damages.
In the High Court, if the defendant fails to plead after being barred, they are _____ to do so.
In the High Court, if the defendant fails to plead after being barred, they are _____ to do so.
Signup and view all the answers
Match the following types of judgments with their descriptions:
Match the following types of judgments with their descriptions:
Signup and view all the answers
What is the timeframe to apply for summary judgment after the plea is delivered?
What is the timeframe to apply for summary judgment after the plea is delivered?
Signup and view all the answers
Once a notice of bar is given, a defendant can still present their defense.
Once a notice of bar is given, a defendant can still present their defense.
Signup and view all the answers
What must be included in the founding affidavit for a summary judgment application?
What must be included in the founding affidavit for a summary judgment application?
Signup and view all the answers
In the High Court, if the defendant has appeared, a notice of _____ is required.
In the High Court, if the defendant has appeared, a notice of _____ is required.
Signup and view all the answers
Under what situation would the court not give notice for a default judgment?
Under what situation would the court not give notice for a default judgment?
Signup and view all the answers
Study Notes
Shortcut Judgments
- Shortcut judgments include summary judgments, default judgments
Types of Judgments
- Default Judgment: Occurs when a defendant fails to appear in court, fails to respond to a legal document or is barred from doing so, or fails to appear at trial.
- Summary Judgment: Occurs when a defendant makes a claim that lacks merit. A summary judgment is only permissible under specific circumstances: if based on a liquid document, for liquidated amount of money owed, or for delivery of specified property or in cases of ejectment.
- Confession or consent to judgment: A defendant may admit to the accuracy of the case.
Judgment after Default of Plea
- In the High Court (HC), a notice of the default of plea must be issued in the stipulated timeframe to the party that did not appear.
- A party is barred from appearing after failing to respond within a given time.
- Default judgment for High Court (HC) and for the Master Court (MC) are similar.
Applying for Default Judgment
- Application to HC depends if the claim is related to debt or a liquidated demand.
- If not debt or liquidated demand, the court considers other options.
- If an application is related to debt or to a liquidated claim, the plaintiff must file a written application using a prescribed form.
Unliquidated Claims
- The plaintiff sets down an application.
- The plaintiff must prove the claim.
- The court allows the plaintiff to present evidence about the amount owed.
- If the defendant does not appear, the court issues a notice
Application to High Court (HC) Rule 32 & MC Rule 14
- The application must be made within 15 days of delivery of the plea
- The application is set within 15 days of delivering the request.
- Opposing affidavits have to be delivered 5 days prior to the hearing.
- A liquid document must be attached to an application, if the claim is based on a liquid document.
- The applicant's arguments must be limited to the facts.
Default Judgment (MC)
- Plaintiff's request for a default judgment includes notice.
- Take notice that the defendant failed to appear.
Summary Judgment
- Application: The initial step in obtaining a summary judgment.
- Supporting Affidavit: Evidence to support the summary judgment request from the plaintiff
- Response to Application: The opposing argument presented by the Defendant to oppose the summary judgment.
- Hearing: The court session where the judgment is decided.
- Special Order: An order from the court concerning the case.
- Usual Order: The standard order granted when a summary judgment is approved
- Costs: Court-related expenditure.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
This quiz covers various types of legal judgments, including default judgments and summary judgments. Learn how these decisions are made, the circumstances under which they apply, and the processes involved in issuing them. Ideal for law students and professionals seeking a deeper understanding of judgment procedures.
