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In the High Court of South Africa
(Western Cape Division, Cape Town)
Case Number: 13080/2022
In the ex parte application of:
ANINE FOURIE First Applicant
DANIEL
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How to fill out motion ex parte application
How to fill out motion ex parte application
01
To fill out a motion ex parte application, follow these steps:
02
Start by identifying the court and case information. This includes the court name, case number, and title of the case.
03
Next, provide your own contact information, including your name, address, phone number, and email address.
04
State the specific relief you are seeking with this motion. Clearly state what you are asking the court to do on an emergency basis.
05
Provide a detailed explanation of the reasons why you are requesting this emergency relief. Include any supporting evidence or documentation.
06
If applicable, include any relevant legal authorities or precedents that support your arguments.
07
Indicate whether any notice has been given to the opposing party or if you are requesting a waiver of notice.
08
Sign and date the motion ex parte application.
09
File the application with the court clerk and pay any necessary filing fees.
10
Serve a copy of the application on the opposing party or their attorney, if required by the court rules.
11
Attend the scheduled court hearing and present your arguments to the judge.
Who needs motion ex parte application?
01
A motion ex parte application may be needed by individuals who require urgent or emergency relief from the court. This could include situations where immediate action is necessary to prevent irreparable harm or to protect someone's rights.
02
Common examples of people who may need to file a motion ex parte application include:
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- Victims of domestic violence seeking immediate restraining orders
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- Parents seeking emergency custody orders to protect a child from harm
05
- Landlords seeking immediate eviction orders for tenants engaged in illegal activities
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- Plaintiffs seeking temporary injunctions to prevent the destruction of evidence
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- Individuals seeking urgent court orders to stop harassment or threats
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It's important to note that not all matters qualify for ex parte relief, and it is generally granted only in exceptional circumstances. The specific requirements and procedures for filing a motion ex parte may vary depending on the jurisdiction or court rules.
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What is motion ex parte application?
A motion ex parte application is a request made to the court by one party without notifying the other party, often used for urgent matters that require immediate attention.
Who is required to file motion ex parte application?
Typically, the party seeking a temporary or emergency order is required to file a motion ex parte application.
How to fill out motion ex parte application?
To fill out a motion ex parte application, you should provide relevant details such as the case number, the names of the parties involved, the specific relief sought, and any supporting documents or declarations.
What is the purpose of motion ex parte application?
The purpose of a motion ex parte application is to obtain urgent relief from the court when there is not enough time to provide notice to the other party.
What information must be reported on motion ex parte application?
The application must report the nature of the emergency, relevant facts, the legal basis for the requested relief, and any supporting evidence.
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