ACT No. XXXII of 2021 AN ACT to further amend the Code of Organization and Civil Procedure, Cap. 12, as part of the justice reform in the sphere of civil procedure.

I assent.

(L.S.)

GEORGE VELLA

President

18th June, 2021

ACT No. XXXII of 2021

AN ACT to further amend the Code of Organization and Civil

Procedure, Cap. 12, as part of the justice reform in the sphere of civil

procedure.

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:-

(1) The short title of this Act is the Justice Reform (Civil Short title and

Procedure) Act, 2021 and this Act shall be read and construed as one commencement.

with the Code of Organization and Civil Procedure hereinafter referred Cap. 12.

to as "the Code".

(2) This Act shall come into force on such date as the Minister

responsible for justice may by notice in the Gazette appoint and

different dates may be so appointed for different purposes or

provisions of this Act.

Article 144 of the Code shall be amended by the following

Amendment of

article 144 of

the Code.

(a) in sub-articles (1) and (2) thereof the words "twenty

days" shall be substituted by the words "thirty (30) days"; and

(b) immediately after sub-article (2) thereof there shall

be added the following new sub-article

" Address

(3) When two (2) or more parties file an

when there

application of the appeal or the reply together, they

are multiple

shall, on filing the written pleading, state a single

parties.

address for the execution of service of the notice

about the security for costs related to the appeal and

for the service of the notice that the case was left for

sentencing.".

Article 145 of the Code shall be substituted by the following

new article

" Production of

145. No new documents may be produced together

with the application, reply, or rejoinder without

authorization from the court.".

Article 147 of the Code shall be amended by the following

(a) in sub-article (1) thereof the words "opening of the

hearing" shall be substituted by the words "close of written

pleadings in line with article 146";

(b) sub-article (2) thereof shall be renumbered as sub-

article (3) thereof and immediately after sub-article (1) thereof

there shall be added the following new sub-article

"(2) The court may also by way of a decree demand

the parties to answer any questions it might have or else

demand the parties to clarify any issues that are deemed

necessary for the court before handing down its

judgment."; and

(c) immediately after sub-article (3) thereof, as

renumbered, there shall be added the following new sub-article

"(4) Nothing in the provisions of this article shall

preclude the court from requesting an oral hearing as

provided in article 207(5).".

In sub-article (1) of article 150 of the Code, the words "Where

any document has not been produced as provided in article 145, its

production shall only be allowed –" shall be substituted by the words

"The Court of Appeal shall only allow the production of new

documents -".

Article 152 of the Code shall be amended by the following

(a) sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) Following the closure of written pleadings, the

registrar shall verify the payment of the security for costs

related to the principal and incidental appeal, and shall,

unless there is a court order stating otherwise, publish these

causes in the list of causes set down for judgment.";

(b) sub-articles (2) and (3) thereof shall be renumbered

as sub-articles (4) and (5) respectively and immediately after

sub-article (1) thereof there shall be added the following new

sub-articles

"(2) The registrar shall ensure that parties are served

with a notice of the day when the cause was left for

judgment

Provided that any one of the parties may, by a

note filed in the registry, exempt the registrar from the duty

of service of such notice.

(3) Service of this notice shall be effected in line

with the procedure provided in sub-articles (1) and (4) of

article 187 and if such is not possible, service shall be

effected by the officer charged with service, by attaching

the notice at the last address provided by the parties in the

acts of the appeal."; and

(c) in sub-article (5) thereof, as renumbered,

immediately after the words "for just cause," there shall be added

the words "to proceed to judgment or".

Article 153 of the Code shall be substituted by the following Substitution of

article 153 of

new article

the Code.

153. (1) The default of the filing of a reply to an appeal

or cross-appeal shall not debar the party who was entitled

to file such act by bringing an application before the court

for the purpose of being awarded the right to submit

written submissions and to produce evidence thereof

provided he gives, in the opinion of the court, a good

reason for such default within the time required by law.

(2) Such application may not be brought if more than

ten (10) days have elapsed from the service of the notice of

the day of when the cause was scheduled for judgment.

(3) Where a hearing of an appeal is to be held, the

failure to file written pleadings shall not debar the party

who was entitled to file such written pleadings to appear at

the hearing of the cause and bring his evidence if he gives,

in the opinion of the court, good reason for failure to file

such.".

Article 207 of the Code shall be substituted by the following

new article

" Procedure for 207. (1) Save for the provisions of sub-articles (5)

and (7), all proceedings before an appellate court shall be

appellate court.

conducted in writing.

(2) Written pleadings shall be deemed closed as

provided in the provisions of article 146.

(3) When a reply for an appeal raises issues about the

nullity or validity of the appeal or mentions facts or points

of law which were not raised by the appellant in the appeal

application, the appellant may within thirty (30) days from

being notified of the reply, by way of application, request

the court to authorise him to file a rejoinder to address only

those points which were raised for the first time in the

reply to the appeal application. The court shall, if it

considers it reasonable and expedient in the circumstances,

grant leave to the appellant to file his rejoinder within a

period, which shall not exceed thirty (30) days from when

the appellant’s lawyer is given written notice of the decree.

(4) Upon the closing of written pleadings and

payment of security for costs related to the appeal, the

court shall proceed to judgment on a date and time it sets

for this scope.

(5) Notwithstanding the provisions of sub-article (4),

the court may set a sitting for hearing of the cause, if it

deems fit to hear evidence or oral submissions from the

parties.

(6) Security for costs related to appeals shall be

produced and deposited as provided in article 249, and in

case of default, the court may declare the appeal as

abandoned.

(7) Notwithstanding the provisions of sub-articles (1)

to (6) all causes before the Constitutional Court and all

causes before the Court of Appeal where no oral hearing

took place at first instance, shall be appointed for an oral

hearing.

(8) The oral hearing shall be conducted as follows

(a) when the appeal is entered by the plaintiff

only, or by both parties, the order of hearing of the

cause shall be the same as provided in article 204(1);

(b) when the appeal is entered by the

defendant only, he shall commence by briefly stating

the grounds of complaint and praying that the

judgment appealed from be reversed or varied, and the

order of hearing of the cause shall then be as provided

in article 204(1).".

Article 209 of the Code shall be substituted by the following Substitution of

article 209 of

new article

the Code.

" Appeal to be

209. If, the court sets an appeal for oral hearing, and

after that the cause is called on three (3) times, neither

one of the parties nor their advocates appear, or if only

the respondent or his advocate appears, the court may

declare the appeal abandoned

Provided that on an application by the appellant,

that shall be filed within eight (8) days from such day that

the appeal is declared abandoned, the court shall order

that the cause be again put on the list for hearing and

determination, provided the appellant shall have

deposited, within the said time, the amount of costs

occasioned by his non-appearance.".

In sub-article (1) of article 226 of the Code, the words "twenty Amendment of

article 226 of

days" shall be substituted by the words "thirty (30) days".

the Code.

Sub-article (1) of article 249 of the Code shall be substituted Amendment of

article 249 of

by the following new sub-article

the Code.

"(1) Unless otherwise provided in any other law, in the

case of a principal or incidental appeal from judgments or

decrees given in a cause initiated by sworn application, security

for costs of the appeal shall be produced and deposited in court

within three (3) months from when the appellant receives the

notice for payment. If the appellant is not served with the said

notice, the registrar shall, within ten (10) days, inform in writing

the advocate of such party that the notice has not been served,

and the advocate shall sign a copy of the receipt of such

communication

Provided that no action shall lie against the advocate

for failure to inform any such party.".

In sub-article (1) of article 964 of the Code, the words "six

months" shall be substituted by the words "three (3) months".

Cases adjourned sine die and appeals filed before the coming

into force of this Act shall continue to be regulated by the law which

was in force before the coming into force of this Act.

Passed by the House of Representatives at Sitting No. 473 of the

14th June, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.72