n Stellenbosch Law Review = Stellenbosch Regstydskrif - High Court Motion Procedure : a Practical Guide, M.M. Joffe, B. Neukricher, H.R. Fourie and L.C. Haupt : book review

Volume 20, Issue 2
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



Motion-court work is the bread and butter of the practice of many advocates at the bar. Pressure is probably the main characteristic of this work. From the perspective of the presiding judge, the pressure arises from the fact that in busy courts the roll may well exceed 100 cases on any motion court day. Against this background, the court is entitled to expect that the advocates appearing before it in the motion court will have prepared properly - which implies that they will have scrutinised the documents with care, and will ensure that they know the law and practice relating to the application in question. This is the professional duty and responsibility of the advocate. From the advocate's perspective, however, he or she may also have several matters on the roll for a particular day, the briefs of some of which may actually only have been received on that day or a day before. Very often, the papers will also have been drafted by someone else so that the advocate concerned does not have knowledge of the particular case beforehand.

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