📖 The Law
Rule 37(25): After receipt of any replying affidavit or the expiry of the time limit for filing a replying affidavit (whichever occurs first), the applicant must index and paginate the file in terms of Rule 29(3) and, within 10 court days, apply to the Registrar for a hearing date.
Rule 29(3): Papers must be arranged in chronological order, consecutively paginated, securely bound, and accompanied by a correct and complete index of evidence and documents.
Rule 29(4): Volumes must not exceed 120 pages (or 200 pages in a lever arch file).
Rule 8: All documents must be A4, 12pt font (Arial or Times New Roman), 1.5 line spacing, 2cm margins.
Under Rule 37(25), the complete file must be divided into three separate sections, each with its own index:
📁 Section A: Pleadings and Affidavits
All court documents filed by the parties, in chronological order:
- Notice of Motion (with all annexures)
- Founding Affidavit (with all annexures)
- Notice of Intention to Oppose (if any)
- Answering Affidavit (if any)
- Replying Affidavit (if any)
- Supplementary Affidavit (if any)
- Notice of Standing By (if any)
- Notice of Amendment (if any)
📄 Section B: Notices and Other Documents
All procedural notices and correspondence, in chronological order:
- Notice of Set Down (if any)
- Notices of Filing and Service
- Proofs of Service
- Any correspondence with the Registrar
- Any consent orders or directions
📀 Section C: The Record
The CCMA arbitration record, in chronological order:
- Arbitration Award
- Referral Form (LRA 7.11)
- Employment Contract / Proof of Employment
- Disciplinary Record / Dismissal Letter
- Witness Statements / Evidence Led
- Payslips / Salary Records
- Arbitration Hearing Transcript / Minutes
- Commissioner's Notes / Rulings (if available)
Each section must have its own index and own consecutive pagination. Do not paginate the entire file as one continuous document. Section A pages 1-50, Section B pages 1-20, Section C pages 1-100 (for example).
If any section exceeds 120 pages, split it into volumes (e.g., Section C Volume 1 of 2, Section C Volume 2 of 2).
Enter your documents below in each section. The platform will generate a complete Index to the Record with proper Labour Court formatting, page references, and chronological ordering. You can download it as an editable Word document (.doc) or copy it to edit manually.
List all pleadings and affidavits in chronological order. Click "Add Row" for each document.
List all notices, proofs of service, and correspondence in chronological order.
List all CCMA record documents in chronological order.
📖 Rule 29 — Preparation of Papers
- Pagination: All pages numbered consecutively within each section.
- Chronological Order: Documents arranged from oldest to newest within each section.
- Binding: Securely bound in suitable covers. Max 120 pages per volume (200 in lever arch).
- Index: Correct and complete index of evidence and documents for each section.
- Format: A4, 12pt font (Arial or Times New Roman), 1.5 line spacing, 2cm margins (Rule 8).
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All documents in Section A (Pleadings) are in chronological order
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All documents in Section B (Notices) are in chronological order
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All documents in Section C (Record) are in chronological order
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Each section has its own consecutive page numbers (1 to end)
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No volume exceeds 120 pages (or 200 in lever arch file)
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Each volume has a cover page: case name, case number, parties, volume number
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Each section has a complete index with page references
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Font is Arial or Times New Roman, 12pt, 1.5 spacing, 2cm margins
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All pages are A4 size
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Documents are securely bound (stapled, comb-bound, or in lever arch file)
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I have a separate copy for the Registrar and each Respondent
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I am ready to apply for a hearing date within 10 court days
Once all items are checked, proceed to Tab 4: Apply for Hearing Date to complete the set-down process.
You must apply to the Registrar for a hearing date within 10 court days after indexing and paginating the file. If you miss this deadline, your matter may be delayed or struck from the roll.
📖 The Law
Rule 37(25): After indexing and paginating, the applicant must apply to the Registrar for a hearing date within 10 court days.
Rule 37(26): For unopposed matters, the applicant may apply for a hearing date within 10 court days after the last day for filing an answering affidavit.
Rule 40: Heads of Argument must be filed within 15 court days after pleadings close (for opposed reviews). For unopposed reviews, Heads are still required because it is a review application.
- Log in to the Court Online Portal at https://courtonline.co.za.
- Navigate to My Cases → Select your case.
- Look for "Apply for Hearing Date" or "Set Down" option.
- Select the type of hearing: Unopposed Motion / Opposed Motion / Review.
- Upload the complete paginated file (all sections, properly indexed).
- Confirm that all parties have been served and the proof of service is filed.
- Enter your digital signature and submit.
- The Registrar will allocate a hearing date and notify all parties.
IN THE LABOUR COURT OF SOUTH AFRICA
(HELD AT [SEAT])
Case No: [CASE NUMBER]
In the matter between:
[APPLICANT NAME] — Applicant
and
First Respondent: [CCMA]
Second Respondent: [EMPLOYER NAME]
Third Respondent: [COMMISSIONER NAME]
TO: The Registrar of the Labour Court
RE: Application for a Hearing Date in terms of Rule 37(25)
The Applicant hereby applies for a hearing date in the above matter.
The complete file has been indexed and paginated in terms of Rule 29(3) and Rule 37(25), consisting of:
Section A: Pleadings and Affidavits — [X] pages;
Section B: Notices and Other Documents — [X] pages;
Section C: The Record — [X] pages (Volume [X] of [Y]).
The matter is [opposed / unopposed].
All parties have been duly served. Proof of service is filed herewith.
The Applicant requests that the matter be set down for hearing on the earliest available date.
Signed at [PLACE] on this [DAY] day of [MONTH] [YEAR].
___________________________
Signature
[NAME IN BLOCK LETTERS]
After applying for a hearing date:
- The Registrar allocates a hearing date and notifies all parties;
- You must file Heads of Argument within 15 court days (opposed) or before the hearing (unopposed);
- Prepare your oral argument for the hearing;
- Attend the hearing on the allocated date.