Response (Form 56)

Rule 83.1 of the Uniform Civil Rules 2020 (SA) requires a respondent or interested party who wishes to oppose or make submissions about an originating application to file a Response in Form 56 within 14 days after service of the Originating Application documents. The Response must set out the party's response to the facts alleged in support of the application, other facts the party says are relevant, the party's attitude to any extension of time sought, and its response to the orders sought (r 83.1(1)). Facts must be proved by a responding affidavit in Form 12, filed within the same 14 days if the party relies on facts in addition to or contrary to the applicant's (r 83.2). The same Response is used to answer an originating application in a minor civil action (r 335.1) and an application for review of an administrative decision (r 244.3).

When you need it

• You have been served with an originating application (for example Form 2, 3 or 4) and want to oppose it or make submissions.
• You support or are neutral about the application but want to be heard on the orders sought.
• You object to the court's jurisdiction: raise it in the Response and file an interlocutory application at the same time (r 83.1(2)).
• Not for answering a claim (Form 1): a claim is answered by a defence.

1. 1

   Complete the heading and party panel

   Copy the court, case number and parties from the application. Give your party title, full name, address for service, email, phone and any law firm.

2. 2

   Part 1: attitude to the application

   Say whether you support, oppose or are neutral about the application or the relief sought.

3. 3

   Part 2: response to facts

   In numbered paragraphs, identify which facts in the application you agree or disagree with.

4. 4

   Part 3: other relevant facts

   Set out other facts not in the application that you say are relevant, in numbered paragraphs. Prove them in a responding affidavit (r 83.2).

5. 5

   Part 4: orders sought

   Explain why you oppose the orders sought, in numbered paragraphs. If the applicant seeks an extension of time, state your attitude to it (r 83.1(1)(c)).

• File the Response through CourtSA or at a registry within 14 days after service of the Originating Application documents (r 83.1(1)).
• File any responding affidavit within the same 14 days. It must contain evidence admissible at the final hearing (r 83.2).
• Serve the Response and any affidavit on each other party as soon as practicable (rr 83.1(3), 83.2(3)).
• Attend the hearing shown on the application. The originating application forms warn that the court may proceed in your absence and make final orders, including costs.

• You cannot bring a cross application in an originating application proceeding; relief against another party needs a separate proceeding (note to r 83.1).
• Keep argument in the Response and evidence in the affidavit.
• If the 14 days have passed, raise it with the court at or before the hearing rather than simply filing late.