Avoiding Pitfalls In Litigation: The Crucial Role Of Court Rules

In the complex world of litigation, even a minor misstep can jeopardise a case. Understanding and strategically leveraging court rules is not just prudent for corporate clients, it is essential. Rule 19 of the Uniform Rules of the High Court ("the Rules") outlines the timeframes for defendants to deliver their notice of intention to defend in action proceedings commenced by summons. Typically, defendants have 10 court days under Rule 19(1). However, Rule 19(2) extends this to 20 court days for certain defendants, including government ministers, provincial premiers, and the State. Under section 24(a) of the Superior Courts Act 10 of 2013 ("the Act"), those defendants are afforded one month to deliver their notice of intention to defend.