Form 23 magistrates court 2025

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With consent of defendants, a Magistrate Judge may preside in Class A misdemeanor cases, including conducting jury trials. Although Magistrate Judges do not preside at felony trials, they are authorized to conduct preliminary and post-conviction proceedings in felony cases.
The Magistrates Court hears summary or simple offences. Charges heard in the Magistrates Court are usually prosecuted by the Police. The Magistrate can consider bail conditions at any appearance of the accused.
On the civil side, magistrates hear small claims cases, enter orders for summary ejectment (evictions), determine involuntary commitments, and handle other responsibilities. The magistrate is the only civil official in the state who can perform a marriage. A magistrate is an officer of the district court division.
MagistratesIn civil cases, the magistrate is authorized to try: Small claims cases ($10,000 or less) Landlord eviction cases. Suits for recovery of personal property and motor vehicle mechanics liens.
The maximum sentence in the Magistrates Court is up to six months imprisonment for a single offence or up to 12 months in total for two or more either-way offences. If the Court decides that a case requires a sentence beyond their powers, they will decline jurisdiction and send the matter to the Crown Court.
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A magistrate is an officer of the district court division. Unlike judges and justices, magistrates are not elected. A magistrate is nominated for office by the clerk of superior court, appointed by the senior resident superior court judge, and supervised by the chief district court judge.
Jurisdiction of the Magistrates Court Regarding civil cases, Ordinary Magistrates Courts have the authority to hear cases where the claims do not exceed R200,000. However, certain matters, disputes over wills, and cases that involve determining a persons mental competence, fall outside the scope of these courts.

magistrates court form 23