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Question
Posted by: CA | 2010/03/12

DIVORCE

Hi I recently wrote to you advising that I received a notice of bar giving me 5 days to submit a plea.
I managed to do that within the 5 days. However, it has been 12 days since sent this through.
From what I was told that my husband and his attorney had 10 days to reply to my claim. Seeing they have not done this, what is my next step.
At this stage I cannot afford an attorney.
Thank you.

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Our expert says:
Expert ImageFamily law expert

It depends in which court you litigate, the Family Court or the High Court. Rule 25 of the Divorce (Family Court) says:

25 Replication and further pleadings

(1) A plaintiff may within 10 court days of the service upon him or her of a plea subject to subrule (2) hereof, deliver a replication to the plea.
(2) No replication which would be a mere joinder of issue or bare denial of allegations shall be necessary.
(3) A plaintiff in reconvention may, subject to the provisions of subrule (2), within 10 court days from the delivery of a plea in reconvention, deliver a replication in reconvention.

(4) Any party who fails to deliver a replication within the time stated in this rule shall be ipso facto barred.

(5) Notwithstanding the provisions of rules 22, 23 and 24, the court may during or at any time before the hearing of the action and on such terms as to adjournment and costs as may be just allow any plea, answer or claim in reconvention or subsequent pleading to be then and there recorded or filed.

Bertus Preller
http://www.divorceattorney.co.za
info@divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

1
Our users say:
Posted by: Family law expert | 2010/03/14

It depends in which court you litigate, the Family Court or the High Court. Rule 25 of the Divorce (Family Court) says:

25 Replication and further pleadings

(1) A plaintiff may within 10 court days of the service upon him or her of a plea subject to subrule (2) hereof, deliver a replication to the plea.
(2) No replication which would be a mere joinder of issue or bare denial of allegations shall be necessary.
(3) A plaintiff in reconvention may, subject to the provisions of subrule (2), within 10 court days from the delivery of a plea in reconvention, deliver a replication in reconvention.

(4) Any party who fails to deliver a replication within the time stated in this rule shall be ipso facto barred.

(5) Notwithstanding the provisions of rules 22, 23 and 24, the court may during or at any time before the hearing of the action and on such terms as to adjournment and costs as may be just allow any plea, answer or claim in reconvention or subsequent pleading to be then and there recorded or filed.

Bertus Preller
http://www.divorceattorney.co.za
info@divorceattorney.co.za

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