Legal Procedures: Striking Out Evidence

Study Notes

Striking Out Inadmissible Evidence

If an affidavit contains inadmissible evidence, the opposing party can file an application to strike it out.
A court may test if the applicant will be prejudiced if the request isn't granted.
An application to strike out evidence is an example of an interlocutory or interim application.

Applications on Notice

Generally, applications are filed when someone's final rights are affected.
Steps for an application on notice:
- Notice of motion
- Applicant's founding and supporting affidavits
- Respondent's notice to oppose
- Respondent's answering affidavit
- Further affidavits
- Setting down matter for hearing
- Hearing

Court Orders: Final Orders & Rule Nisi

A final order is an order where no other person's rights are affected and all papers are in order.
A rule nisi is a temporary order with a specific return date, giving parties time to present arguments against the order.

Ex Parte Applications

These applications are brought when only one party is involved.
Parties may be required to go through the court's established procedure or be given specific notice based on the situation.
Intervention in ex parte applications: any party with an interest can apply for consent to intervene.
An ex parte application is typically brought when a party is concerned with an urgent matter, needs immediate relief from harm, or the other party's rights are not at immediate risk.

Ex Parte Applications in HC (High Court)

They are often filed when a party needs urgent relief.
The purpose of the notice may be hindered if notice isn't given.
A significant harm may need urgent relief,
Ex parte applications may be initiated if urgent relief from imminent harm is needed (like unpaid bills or services ending).

Utmost Good Faith in Ex Parte Applications

The applicant must be truthful, honest and fair with the court.
Proper administration of justice requires disclosure of all relevant facts.
Even if revealing facts negatively affects their case, it's important.

Court Orders if Real Disputes of Fact Arise

The court can decide on affidavits alone.
Aspects of the matter can be subject to oral evidence.
Certain cases can be referred to trial.

Optional Further Steps in Applications

Additional steps may be used depending on matters that go beyond dismissing an application.
Answering affidavits usually provide a foundation for a counter application.
A main application is the initial request. A counter application is a reply.

Description

This quiz covers important legal procedures regarding inadmissible evidence and applications on notice. Key concepts include the process for filing applications, final orders, and rule nisi. Test your understanding of these essential legal concepts and their implications in court cases.