IURI 376 SU 11 DRAFTING

➢ With all the drafting, a normal heading must also be provided!

NOTICE OF SET DOWN

KINDLY TAKE NOTICE that the above matter has been placed on the roll for
hearing/trial on __________ at 09:00 or as soon thereafter as the matter can be
heard.
DATED at POTCHEFSTROOM on this _____ day of _______ 2022.

____________________
Attorney for Plaintiff

TO: THE CLERK OF THE MAGISTRATE’S COURT

POTCHEFSTROOM
BY HAND
AND TO: ATTORNEY FOR DEFENDANT
ADDRESS
BY HAND
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NOTICE IN TERMS OF RULE 23

NOTICE TO DISCOVER IN TEMRS OF RULE 35(1)

KINDLY TAKE NOTICE that the Plaintiff hereby requires:

1. The Defendant to make discovery on oath within 20 days of the service
hereof of all documents and tape recordings relating to any matter in question
in this action which are or have at any time been in the Defendant’s possession
or control;
2. State a date and time at which the documents to be disclosed in the schedule
of documents may be inspected at the address for service of documents; and
3. Produce at trial herein all books, documents and records specified in the
schedule of documents together with all books of account, documents and
records reflecting the transaction sued upon herein.
DATED at POTCHEFSTROOM on this ________ day of _____________ 2022.

______________
ATTORNEY FOR PLAINTIFF
TO: THE CLERK OF THE COURT
AND TO: ATTORNEY FOR DEFENDANT

➢
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DISCOVERY AFFIDAVIT

I the undersigned,
Name of person making affidavit
Do hereby declare under oath as follows:
1.
I am the defendant in the above matter and the facts contained herein fall within my
personal knowledge and save where otherwise provided.
2.
I have in my possession or under my control documents relating to this action which
I intend to use in this action which tend to prove or disprove either party’s case, and
which are set out in Schedule “1” and Schedule “2” hereto.
3.
I object to the production of books or documents set forth in Schedule 1 Part 2 hereto
on the grounds that they fall within the doctrine of the legal professional privilege.
4.
That according to the best of my knowledge, information and belief, I have not now,
and never had in my possession, custody or power, any documents relating to the
matter in question in the said suit, other than and except the documents set forth in
the said Schedules.

AND I MAKE THIS affidavit conscientiously believing same to be true and correct.

________________
Signed by the Deponent
Commissioned by Commissioner of Oaths
 INDEX
Document Page Number
1. Original summons 1-8
2. Original Return of Service 9
3. Original Notice of Intention to Defend 10-11
4. Original Defendant’s Plea and Counter Claim 12-18
5. Original Plaintiff’s Plea to Counter Claim 19-23
6. Original Notice of Set Down 24-25

DATED at POTCHEFSTROOM on this _________ day of _________ 2022

________________
ATTORNEY FOR PLAINTIFF
ADDRESS
TO: THE CLERK OF THE MAGISTRATE’S COURT
POTCHEFSTROOM

AND TO: ATTORNEY FOR DEFENDANT

ADDRESS