WITNESSES (FEES) ORDINANCE

WITNESSES (FEES)

CHAPTER 108

WITNESSES (FEES) ORDINANCE

To repeal and re-enact with amendments the law relating to the fees of

witnesses in court.

(27th December, 1940) *

ORDINANCE XXXVI of 1940, as amended by Legal Notices: 46 of 1965,

148 of 1975; Acts: XXII of 1976, VIII of 1990, and XXIV of 1995; and

Legal Notice 409 of 2007 and XIII of 2018.

The short title of this Ordinance is the Witnesses (Fees)

Ordinance.

[ ARTICLE 3]

The following fees shall be allowed to witnesses

before a superior court

(a)

Ecclesiastics, members of the legal and

medical professions, civil engineers,

professors of the University, members of

the Higher Division of the Civil Service,

first grade Secondary School teachers,

military officers, merchants, manufacturers,

Police officers above the rank of Inspector,

merchant navy captains and chief engineers

and other persons of equal rank ..................

70c

(b)

Commission agents, brokers, merchant

navy officers below the rank of captain or

c h i e f e n g i n e e r, E l e m e n t a r y S c h o o l

headmasters, Secondary School teachers

below the first grade, Police officers below

the rank of Superintendent and other

persons of equal rank .................................

58c

(c)

Tradesmen,

shopkeepers,

inn-keepers,

commercial travellers, Elementary School

teachers, auctioneers, photographers,

mechanics, Warrant and Non-commissioned

officers in the Armed Forces of Malta and

in the Police Force and other persons of

equal rank .................................

47c

(d)

Labourers, farmers, Police constables,

soldiers, shop assistants and other

workmen...................................................

35c

(e)

Witnesses under 18 years of age, unless

engaged in a profession or business................

23c

(f)

Witnesses called to give evidence on

scientific matters ........................................

1.16c

(g)

For each hour or part of an hour that a

witness is kept to give evidence before a

superior court after 1 p.m., the following

additional fees shall be due

(i) to witnesses mentioned in (a), (b) and (f)

12c

(ii) to other witnesses ..................................

6c

WITNESSES (FEES)

In this Ordinance -

"court" means any court of competent jurisdiction and includes

any Board appointed under any law and any person authorized by

such court or Board to receive evidence;

"prescribed" means prescribed under this Ordinance;

"superior court" includes the Constitutional Court, the Civil

Court (First Hall and Second Hall), the Court of Appeal, the

Criminal Court, the Court of Criminal Appeal, the Court of

Magistrates (Gozo) exercising its superior jurisdiction, and also

any person authorized by any such court to receive evidence;

"witness" means any person who is subpoenaed or requested by a

party in a matter pending before any court for the purpose of being

examined or of producing any document but does not include an ex

parte witness in terms of articles 563A and 563B of the Code of

Organization and Civil Procedure.

[ARTICLE 3]

1. Witnesses who attend at a court other than

a superior court shall be entitled to a fee of ...............

6c

2. Witness kept after 12 noon shall be entitled

to an additional fee of ...............................................

6c

3. Witnesses called to give evidence on

scientific matters shall be entitled to the fees

specified in (f) in Schedule A.

Witnesses shall be entitled to the fees prescribed in

Schedule A to this Ordinance for attendance before a superior court

and to the fees prescribed in Schedule B for attendance before any

other court

Provided that no person employed in the service of the

Government of Malta shall be entitled to any fee when called to

give evidence by the Government.

[ARTICLE 5]

The following expenses for board and lodging shall be allowed

in terms of article 5 for each day a witness attends at any court

In Malta In Gozo

1. To witnesses mentioned in (a) and (b)

in Schedule A .................................... 1.16c

70c

2. To witnesses mentioned in (c) in

Schedule A ........................................

93c

70c

3. To witnesses mentioned in (d) in

Schedule A ........................................

58c

47c

4. Witnesses under 18 years of age shall be allowed two-thirds

of the amount prescribed in paragraphs 1, 2 and 3 of this

Schedule according to the status of their parents.

Witnesses shall be entitled to travelling expenses for going

to and returning from the place where they are to give evidence

Provided that a witness shall not be entitled to other

travelling expenses than those actually incurred by him in

travelling by the cheapest means of conveyance.

Witnesses residing in Malta whose attendance is required

before a court in Gozo and witnesses residing in Gozo whose

attendance is required before a court in Malta shall also be entitled

to expenses for board and lodging actually incurred by them in

staying in Gozo or in Malta as the case may be. Such expenses shall

*See Government Notice No. 621 of the 27th December, 1940.

WITNESSES (FEES)

not exceed the limits laid down in Schedule C to this Ordinance.

The prescribed fees and expenses shall be due for each day

the witness attends at the court

Provided that a witness who, having been dismissed by the

court, has withdrawn from the court and is on the same day recalled

to give evidence, shall be considered as a fresh witness and shall be

entitled to receive the prescribed fees and expenses.

A witness who, not having been previously subpoenaed,

attends at the court at the request of a party in a matter pending

before any court, but for any reason whatsoever does not give

evidence, shall not be entitled to the prescribed fees and expenses

unless, at the end of each sitting attended by him, he gives notice of

such request and attendance to the deputy registrar or to the person

authorized to receive evidence who shall keep a note thereof in the

record of the proceedings.

(1) No person shall be entitled to the prescribed fees and

expenses if, not having been previously subpoenaed or requested

by a party in a matter pending before any court to attend at the

court to give evidence, he is, at the time he is called to give

evidence, at the place in which the court is sitting.

(2) The provisions of subarticle (1) shall not apply if the

witness is kept after giving evidence so that he may again be called

to give evidence.

In granting an application for the issue of a subpoena of a

witness, the court may order the applicant to make a sufficient

deposit to cover the fees and expenses due to the witness and if

such order has been made the witness may refuse to give evidence

till the deposit is made.

(1) At the request of any interested person, the registrar of

the court under whose jurisdiction the witness gave evidence, shall

issue a taxed bill of the prescribed fees and expenses due to the

witness.

(2) It shall be lawful for the registrar before issuing the taxed

bill mentioned in subarticle (1) to administer the oath to any person

for the purpose of establishing any circumstance necessary for

fixing the fees and expenses.

(3) A witness entitled to the prescribed fees and expenses or

any person who is bound to pay such fees and expenses may appeal

against the taxation of the registrar.

(4) Such appeal shall be entered by application before the court

under whose jurisdiction the witness gave evidence within the

period of eight days which shall run-

(a) in regard to those who have demanded the taxed bill,

from the day on which such taxed bill was issued; and

(b) in regard to the debtor duly served with such taxed bill

by a judicial act, from the day of such service.

WITNESSES (FEES)

The Minister responsible for justice may by regulations

amend, substitute or make additions to the Schedules to this

Ordinance.