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ACT No. LIII of 2020 AN ACT to further amend the Code of Organization and Civil Procedure, Cap. 12, for the purpose of providing for presence in court through live video conferencing links.
Statutory Text (3 Articles)
I assent.
(L.S.)
GEORGE VELLA
President
13th November, 2020
ACT No. LIII of 2020
AN ACT to further amend the Code of Organization and Civil
Procedure, Cap. 12, for the purpose of providing for presence in court
through live video conferencing links.
BE IT ENACTED by the President, by and with the advice and
consent of the House of Representatives, in this present Parliament
assembled, and by the authority of the same as follows:-
The short title of this Act is the Code of Organization and Short title.
Civil Procedure (Amendment No. 2) Act, 2020 and this Act shall be
read and construed as one with the Code of Organization and Civil Cap. 12.
Procedure, hereinafter referred to as "the Code".
Immediately after article 199 of the Code there shall be added Addition of new
the following new article
199A. (1) In any cause, a court may on application of
one of the parties or of its own motion, after hearing
representations from the parties, direct that any party or
witness in a location other than the court itself
(hereinafter referred to as the "remote location") shall be
treated as being present in the court for any part of the
proceedings, including any proceedings which are
incidental to the main proceedings, or for the entirety of
the proceedings.
(2) A court shall not give an order under sub-article
(1) unless
(a) it is satisfied that facilities are available
which enable persons in the remote location to see
and hear the court and to be seen and heard by it;
(b) if it would be unfair to any of the parties
to hold sittings by a live video conferencing link; or
(c) if it would be contrary to the interests of
justice to do so.
(3) If a court decides not to give an order under sub-
article (1) to hold sittings by video conferencing link, it
shall give its reasons for the refusal.
(4) The Rule Making Board established under article
29 may, by regulations, prescribe rules and codes of
practice for the better administration of live video
conferencing procedures.".
Passed by the House of Representatives at Sitting No. 398 of the
10th November, 2020.
ANĠLU FARRUGIA
Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
€0.36