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Question
Posted by: CA | 2010-02-18

RE: DIVORCE - NOTICE OF BAR

My attorneys have withdrawn due to non payment. I received a letter of husbands attorneys entitled notice of bar and requesting a plea within 5 days. Received today.

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Our expert says:
Expert ImageFamily law expert

The rule regulating the notice of bar in terms of which defendants may be called upon to lodge their plea within a certain time failing which they will lose the right to raise their defence is seroius. Many of the Rules of Court require compliance with fixed time limits, and a failure to observe those time limits may result, in the absence of good cause shown, in a plaintiff or defendant being prevented from pursuing their claim or defence. Of course, all these Rules must be compliant with the Constitution. To the extent that they do constitute a limitation on a right of access to court.

I suggest that you urgently visit the Legal Board in order to assist you in obtaining the services of an attorney, alternatively approach a legal clinic at one of the universities or get a new attorney, you don't have much time.

bertus@divorceattorney.co.za

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Our users say:
Posted by: Family law expert | 2010-02-19

The rule regulating the notice of bar in terms of which defendants may be called upon to lodge their plea within a certain time failing which they will lose the right to raise their defence is seroius. Many of the Rules of Court require compliance with fixed time limits, and a failure to observe those time limits may result, in the absence of good cause shown, in a plaintiff or defendant being prevented from pursuing their claim or defence. Of course, all these Rules must be compliant with the Constitution. To the extent that they do constitute a limitation on a right of access to court.

I suggest that you urgently visit the Legal Board in order to assist you in obtaining the services of an attorney, alternatively approach a legal clinic at one of the universities or get a new attorney, you don't have much time.

bertus@divorceattorney.co.za

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