What is a Court Order?
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal, or other court proceedings.
How To Obtain A Court Order In South Africa?
Determine whether you need a civil court order. Civil court is where people sue each other to collect money damages. Unlike criminal court, losing a civil lawsuit does not result in any jail time.
personal injury lawsuits,
defamation lawsuits,
breach of contract lawsuits,
medical malpractice lawsuits, and
slip and fall lawsuits.
Consider hiring an attorney. If you want to file a civil lawsuit, an experienced attorney can help you win your libel case. Although you can represent yourself in court, many civil lawsuits are difficult to win, so if possible, you should have an attorney who can advocate for you. Additionally, an attorney will be able to help you navigate the unfamiliar and sometimes complex court system.
If you do want to hire an attorney, choose someone who has at least 3-5 years of experience handling whatever type of case you have.
To find an attorney near you, consider talking to friends and family members who have used an attorney before. Find out who they hired, for what type of service, if they were happy with the services, and why or why not. Ask if they would recommend the attorney.
You can also find an attorney by checking online reviews. Many websites offer free reviews of businesses. Some places to look for lawyer reviews include FindLaw, Avvo, and Yahoo Local.
Decide which type of court to sue in. The law establishes limits on which courts have “jurisdiction” (power) to hear and decide a case. Therefore, you must file your case in a court that has the power to hear your case.
Generally, you should file a case that deals with a state law in state court. The majority of civil cases, including personal injury cases, landlord-tenant cases, and breach of contract are based on state law. Usually, you should file your state court case in the state where the actions occurred.
There are a few types of cases that should be filed in “federal court” instead of state court. If your case is based on a federal law, you can sue in federal court. A few examples of cases under federal law include: suing a police officer under the federal civil rights statute (called a 1983 case), suing someone for patent infringement, or suing an employer under Title 7 for discrimination.