To set the case down means that the Registrar puts the case on the court role for that specific court day. This is a task that can only be performed if you know what the process is to set a case down in the Court where you are going to get divorced. You should phone the Registrar at the Court where you are going to get divorced or go to Court and ask the Registrar what the process is to set a case down.
You should take an original and a copy of the Notice of Set Down to Court and the Registrar will stamp both the original and the copy. If the divorce is opposed, the Registrar will put the original Notice of Set Down on the court file, while the copy should be delivered to your spouse at least 20 court days before the trial date. It needs to be added that if the Plaintiff does not deliver the Notice of Set Down within 15 court days after the pleadings have been closed, the Defendant may do so.
If the divorce is unopposed the Registrar will only set the case down if the Plaintiff request so in writing. This request and the Notice of Set Down need not be served on your spouse.
Below is an example of what a Notice of Set Down form looks like.
IN THE REGIONAL COURT FOR THE DIVISION OF GAUTENG
[HELD AT PRETORIA]
In the matter between:
NOTICE OF SET DOWN
TAKE NOTICE that the Plaintiff intends to enroll the above mentioned matter for hearing on________________ AT 09H30 or as soon thereafter as the legal representative for the Plaintiff/ the Plaintiff may be heard.
(IF THE CASE IS OPPOSED DO NOT FILL IN THE “TAKE NOTICE FURTHER”-PART HEREUNDER)
TAKE NOTICE FURTHER that the Plaintiff will request the granting of an order in the following circumstances:
- The summons was served on the Defendant on (date) .
- The dies induciae (10 days) expired on (date).
- The Defendant has failed to enter an appearance to defend/the parties settled the matter.
SIGNED AT ________________ ON THIS THE ___ DAY OF ______________.
Attorney’s/ Plaintiff’s name and_____
(Address, telephone number, fax number)
TO: THE REGISTRAR
REGIONAL COURT FOR THE DIVISION OF GAUTENG
AND TO: Defendant’s name and surname
(Address, telephone number, fax number))