Interlocutory Application (Form 77)

Rule 102.1(1) of the Uniform Civil Rules 2020 (SA) requires a person who seeks an order, other than one that can only be made at or after the trial of a claim or final hearing of an originating application, to file a written interlocutory application in Form 77. Unless the court orders otherwise, it must be accompanied by a supporting affidavit in Form 12 setting out the facts (r 102.1(3)), and lengthy or detailed orders need a draft order in Form 79 as an editable Word document (r 102.1(4)). Seeking substantially the same orders again requires leave (r 102.1(5)). The court may let a party apply orally at a hearing (r 102.1(2)); the note to the rule says a written application and affidavit will usually be required for opposed extensions of time, opposed amendments, injunctions, summary judgment and setting aside a judgment. Form 77 is also used to ask for a party or witness to appear by audio visual link or telephone (r 15.4).

When you need it

• You need an order before trial or final hearing, for example an extension of time, leave to amend, an injunction, summary judgment or setting aside a default judgment.
• You want a witness to give evidence by audio visual link or telephone, which must be applied for at least 7 days before the hearing (r 15.4(7), (9)).
• You need an urgent listing before the first directions hearing (r 63.5(2)).
• Not for administrative requests to the Registrar (Form 76). In the probate jurisdiction the rules prescribe Form PROB4 instead (rr 355.5, 357.9).

1. 1

   Complete the heading and lodging party

   Delete all but the correct court, add Court of Appeal, minor civil or the list if applicable, name the parties with the case number, and give the lodging party and any law firm. The court inserts the hearing date, time and location at the top.

2. 2

   Describe the application

   State the nature of the application in one sentence and, if applicable, the Act and section or other provision relied on.

3. 3

   Set out the orders sought

   List the orders sought in separately numbered paragraphs. If they are lengthy or detailed, also prepare a Form 79 draft order in Word (r 102.1(4)).

4. 4

   Refer to the affidavit and mark the options

   Name the deponent and date of the supporting affidavit. Complete, or delete, the statements that the application is urgent, is or is not by consent (with the evidence of consent), or is made ex parte and why.

5. 5

   List the accompanying documents

   Mark the supporting affidavit (mandatory) and list any other documents filed with the application.

• File the application and supporting affidavit through CourtSA or at a registry. A fee may apply; check the fee schedule for the court.
• Unless the court orders otherwise, file and serve the application and affidavit on each other party at least 7 days before the listed hearing date (r 102.1(6)). An affidavit to be tendered at the hearing must be served at least 2 business days before it (r 102.1(7)).
• The application is usually listed at an existing directions hearing or hearing; if none is listed, the Registrar lists one (r 102.2). Ask for an early listing, with reasons, in the supporting affidavit (r 102.2(4)).
• The form warns other parties that they must attend if they oppose, and file and serve any affidavit of their own at least 2 days before the hearing unless ordered otherwise.

• The court may decide the application on the papers and may make orders other than those sought (r 102.2(5)-(6)).
• Put the facts in the affidavit and keep the application to the orders and grounds.
• If you are making the same application again, seek leave in it; leave is decided first (r 102.1(5)).