Do the Uniform Rules apply in the Magistrate courts?
Can one refer to the Uniform Rules of Court when making application on motion proceedings in the Magistrate’s Court, I am applying for a rescission?
The Uniform Rules of Court applies only to proceedings in the High Court. Proceedings in the Magistrates court is governed by the Magistrates Court Act and Rules.
Essentially you will have to bring an application backed by an affidavit stipulating why a recission of judgement should be granted. You may need a lawyer to assist you with the process.
Amended by author 25th September 2017, 18:04
You’ve asked is there is there an equivalent in the Magistrate rules for Uniform Rule 42(1). It is there. See Rule 49, as amended. And also Section 36 of the Act. Can find PDF copies of the Act and Rules online. Can also purchase a copy of Erkards Principles of Civil Procedure in the Magistrates court if you require an explanation of the various rules.