Reg. 2020/761565/21

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Litigation

Struck Off the Roll: The Practice Note Deadline Every Gauteng Litigant Must Know

The Revised Consolidated Practice Directive 1 of 2024 removes a matter from the roll and forfeits the date when the practice note is missing or late. Know the window before you set down.

A case that has waited years for a trial date can be taken off the roll in under a minute. Not because the merits are weak, not because the witnesses are unavailable, but because a practice note was filed a day late, or filed too early, or filed in the wrong place on the court's system. In the Gauteng High Court that consequence is automatic.

Where the rule comes from

The Revised Consolidated Practice Directive 1 of 2024, Court Operations in the Gauteng Division, replaced years of scattered practice directives with a single set of rules for both seats of the division, Pretoria and Johannesburg. It covers everything from how matters are classed to how rolls are enrolled, but the provision that catches practitioners off guard is paragraph 19.5. If the practice note is not uploaded timeously, or the matter is dealt with on CaseLines and the relevant final enrolment office profile has not been invited, the matter is automatically removed from the roll and the date is forfeited. The same applies to a practice note that is filed but does not comply with the directive. There is no warning, and no stand-down later in the day.

The window you must hit

The practice note has to be filed inside a strict window before the set-down date:

  • Pretoria: not earlier than 15 court days and not later than 10 court days before the hearing.
  • Johannesburg: not earlier than 7 court days and not later than 5 court days before the hearing.

A note filed months early carries little value either. The court wants the position on the eve of trial: that witnesses are available, that expert reports have narrowed the issues, and that the estimate of duration still holds.

The paperwork that comes before it

A trial date cannot even be applied for until the pre-trial conference minute is on the court file. When the parties agree, a single signed minute is filed. When they do not, the party who cannot obtain agreement files its own minute with an explanation, and the Special Interlocutory Court exists to compel a difficult opponent to co-operate. The conference itself must be held within 90 calendar days before the date application, and a directive compliance statement must accompany every date application.

What this means for you

How We Can Help

  • If you are suing or being sued in the Gauteng High Court, ask your attorney about the trial-readiness paperwork early in the matter.
  • Confirm that a compliance statement went up with every date application.
  • Make sure you are contactable in the weeks before trial; the court communicates directly with counsel during that window.
  • If your matter has already been struck off for a missing practice note, the position is recoverable: the document is filed correctly and a fresh date is applied for.

OM Baloyi Inc conducts High Court litigation in both seats of the Gauteng Division. We diarise the directive deadlines for every matter so the practice note, the pre-trial minute and the compliance statement are filed inside the window, not outside it. If your matter has been struck off the roll, or you want the certainty that it will not be, speak to us.

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