There are two ways of litigating in the High Court; by summons
or by application.
If the summons route is chosen, pleadings are filed. These are
documents that set out the plaintiff's claim in particulars of
claim, and the defence in a plea. What they must contain is
prescribed by the Rules of Court. Eventually, after the pleadings
have all been filed (closed), the matter will be heard in court and
the parties will have to lead evidence to support what is alleged
in the pleadings. In some divisions of the High Court the hearing
will probably take place only years after close of pleadings.
In an application the claim and the defence are set out in
affidavits. Generally three sets are filed; the founding affidavit
by the applicant, the answering affidavit by the respondent and a
replying affidavit by the applicant. The permission of the court is
needed for filing of more affidavits. Only in very few cases is
evidence led in applications. Affidavits must contain facts
