What is a Rule 58 motion?
Asked by: Lemuel Brown | Last update: April 27, 2026Score: 4.1/5 (24 votes)
A Rule 58 motion refers to procedures for entering judgment in court cases, but its exact meaning varies by jurisdiction; in US Federal Courts (FRCP Rule 58), it's about the technical process of the clerk officially recording the final judgment on a separate document for clarity, while in South African Divorce Courts, a Rule 58 motion is a specific application for urgent, temporary orders (like maintenance, custody) during ongoing divorce proceedings.
What is the rule 58 in South Africa?
Rule 43 (High Court) and Rule 58 (Regional Court) are fast, paper-based procedures to stabilise life during a divorce. You can claim interim maintenance (for children and/or a spouse), medical aid & school fees, care/contact schedules, contribution to legal costs, and temporary use/occupation of the home.
What is Civil Rule 58?
Rule 58. Entry of judgment. Subject to the provisions of Rule 54(b), a judgment is entered when it is reduced to writing, signed by the judge, and filed with the clerk of court pursuant to Rule 5.
What is Article 58 of the Limitation Act?
Article 58 of the Limitation Act provides for three years as the limitation period to initiate... possession. The respondent filed the present suit mainly for declaring his title to the suit property. Thus, only Article 58 of the Limitation Act is only applicable and not Article 65 of the Act.
What is the application under order 21 rule 58?
Order 21 Rule 58 CPC, lays down the Rules as to how any claim or objection to the attachment of any property in execution suit is to be dealt with by the executing court. A court dealing with an objection or a claim over property under attachment has two options before it.
[Audio Rules of Court] Rule 58 - Preliminary Injunction
What is the 58 Evidence Act?
Section 58 – Facts admitted need not be proved
Provided that the court may, in its discretion, require the facts admitted to be proved otherwise than by such admission.
What is the rule 58 of order 22?
Order XXI, rule 58 and court-fees
Necessary reduction of court-fees should be granted by the State Governments by issuing a notification under the relevant provision of the Court-fees Act applicable to the State, as has been done in most States in respect of orders under section 47, C.P.C.
What is the difference between Section 57 and 58?
Section 57 is dealing with possessing articles for the purpose of terrorist acts. Section 58 is dealing with collecting or holding information that is of a kind likely to be useful to those involved in acts of terrorism. Section 57 includes a specific intention, section 58 does not.
What is the limitation period for filing a suit?
As per the schedule prescribing limitation, there is a limitation of 3 years for filing Suits relating to recovery of money and suits under a contract. There is a limitation period of 12 years for suit relating to possession of immovable property and 1 year for suits arising out of torts.
What is Section 58 of the contract Act?
Section 58. Alternative promise, one branch being illegal. - In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced. A and B agrees that A shall pay B 1000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium.
What is Section 58 of the Code of Civil Procedure?
Section 58 – Detention and release
For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed five hundred rupees.
Can a suit be dismissed for misjoinder of parties?
The general rule is that a suit cannot be dismissed only on the ground of non-joinder or misjoinder of parties. There would be misjoinder of parties if person having a separate cause of action file a suit jointly.
What does section 58 mean?
It allows local authorities to protect sections of the highway from certain works, following substantial road works (e.g. resurfacing or reconstruction).
What is the biggest mistake in divorce?
The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being.
Who loses the most in a divorce?
In divorce, women often suffer more significant financial hardship and loss of living standards, while men are more prone to severe emotional distress, depression, and health issues like substance abuse, though both genders face substantial challenges, and children's lives are deeply disrupted by family changes. The most vulnerable in any divorce are often the children, whose routines, finances, and emotional stability are all profoundly affected by their parents' separation, regardless of who files for divorce.
What is Article 58 of the Limitation Act case law?
As per the provision of Article 58 of Limitation Act, in order to obtain any declaration three years when the right to sue first accrues. As per the detailed discussion made above of course the plaintiff has established her right over the suit properties.
How long do civil suits stay on your record?
Although a judgment may remain on the public record for a longer period of time, a civil background check will only reveal the candidate's civil court history for the previous seven years.
Can you sue someone 30 years later?
Generally, suing someone 30 years later is highly unlikely because of statutes of limitations, which are laws setting deadlines for filing lawsuits, but exceptions exist for very severe crimes (like murder, with no limit) or specific situations like childhood abuse, where time limits are often extended or "tolled" (paused). The viability depends on the type of case, the state's specific laws, and if the clock was ever stopped (tolled) due to factors like the victim's minority or delayed discovery of the harm.
What is the rule 58 in magistrates court?
Rule 58 mirrors Rule 43 in the lower courts and covers interim maintenance while the divorce case is underway, a contribution to costs, and interim care/contact for children. Rule 58 should be used when the action is being handled in the Magistrate's or Regional Court.
What is Section 58 of the evidence Act case law?
Section 58 of the Indian Evidence Act speaks,that where a fact has been admitted by the parties or thier agents,there would be no requirement to prove such fact,However the proviso to the section states that the court has the discretionary power to require such admitted facts to be proven by means other than such ...
What expenses are allowed under Section 57?
Deduction allowed on rental income from letting out building, plant, machinery, or furniture for expenses like current repairs and insurance paid on such assets.
What is civil rule 58b?
(b) Entering Judgment. (1) Without the Court's Direction. Subject to Rule 54(b) and unless the court orders otherwise, the clerk must, without awaiting the court's direction, promptly prepare, sign, and enter the judgment when: (A) the jury returns a general verdict; (B) the court awards only costs or a sum certain; or.
What is the rule 58 of the Non Contentious Probate Rules 1987?
58. An original will or other document referred to in section 124 of the Act shall not be open to inspection if, in the opinion of a [F1district judge or] registrar, such inspection would be undesirable or otherwise inappropriate.
What is the time limit for abatement?
Abatement takes place ninety days after the death of the defendant or respondent. So the opposite party is allowed a period of 150 days in which to apply for setting aside the abatement, but if for some reason he cannot move the Court in this respect he is entitled to extension under Section 5 of the Limitation Act.