Civil Procedure
Rule Nisi
A rule nisi is a court order that something shall be done, or why it should not be done, unless cause is shown to the contrary on a set return date.
Legal Definition
A provisional court order calling on the respondent to appear and show cause on a return date why a final order should not be granted. It is commonly used in urgent applications and interim relief, including interdicts and liquidations.
📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996
Practical Example
A company obtains an ex parte order to freeze a debtor's assets. The order is a rule nisi — the debtor must appear on the return date to show why the freeze should not become final.
Frequently Asked Questions
What happens on the return date of a rule nisi?
The respondent can oppose and show cause. If they do not appear or show no good cause, the rule is confirmed (made final). If good cause is shown, the rule is discharged.
Can a rule nisi be granted without the other side knowing?
Yes — this is called an ex parte application. It is allowed in urgent cases where giving notice would defeat the purpose of the order.
Is a rule nisi the same as an interdict?
A rule nisi is the mechanism; an interdict may be what is granted. A rule nisi can also be used in other relief such as sequestration or winding-up.
Related Terms
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