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MT

CODE OF ORGANIZATION AND CIVIL PROCEDURE

1,083 Articles / Provisions · Malta

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Table of Provisions (1,083)

Preamble Art. 1 Title. Schedule A Art. 2 Civil courts of justice. Schedule B Art. 3 Superior courts. Schedule C Art. 4 Inferior courts. Art. 5 Jurisdiction of superior and inferior courts. Art. 5A Extension of applicability to exclusive economic zone area or environment protection area. Art. 6 Constitution of superior courts. Art. 7 Constitution of inferior courts. Art. 8 Judges may not communicate with suitors, etc. Art. 9 Judges may not act as arbitrators etc. Art. 10 Oaths of allegiance and of office to be taken by judges. Art. 11 Distribution of duties of judges. Art. 12 Applicability of certain provisions to President of Court of Appeal. Art. 13 Appointment of supplementary judges. Art. 14 Oaths to be taken by supplementary judges. Art. 15 Applicability of certain provisions to magistrates. Art. 16 Judges and magistrates may not hold other offices of profit. Exceptions. Art. 17 Oaths to be taken by magistrates. Art. 18 Surrogation of magistrates. Art. 19 Art. 20 Supplementary magistrates for Gozo. Art. 21 Language of the courts. Art. 22 Causes to be tried in public. Exceptions. Art. 23 Judgments to be delivered in public. Art. 24 Each court to deal with matters pending before it. Art. 25 Suitors, etc., not to have private communication with judges or magistrates. Art. 26 Mode of applying to court for any order. Art. 27 Registry of superior courts. Art. 28 Court archives. Art. 29 Rule-Making Board. Art. 30 Advocates and legal procurators when appearing in court to be deemed officers of court. Art. 31 Civil Court. Division of same. Art. 32 Civil Court. Art. 33 Voluntary jurisdiction. Art. 34 Appeal from judgements of Civil Court, First Hall. Art. 35 Mode of impugning decrees of Court of voluntary jurisdiction. Art. 36 Competence of the Civil Court. Art. 36A Jurisdiction of the Courts of Gozo in constitutional cases. Art. 37 Further jurisdiction of Commercial Court. Art. 38 Jurisdiction in bankruptcy, etc. Art. 39 Duties of Judge of Civil Court, First Hall in respect of proceedings concerning average and sea-protests. Art. 39A Courts may consist of more than one chamber. Art. 40 Appeal from judgements of Commercial Court. Art. 41 Court of Appeal Constitution. Jurisdiction. Art. 42 Jurisdiction of Court of Appeal in respect of appeals under Marriage Legacies Law. Art. 43 Jurisdiction of Court of Appeal in issues connected with execution of judgments or warrants. Art. 44 Further jurisdiction of Court of Appeal. Art. 45 Constitutional Court. Art. 46 Saving. Art. 47 Civil Court of Magistrates (Malta). Constitution and jurisdiction. Art. 48 Further jurisdiction. Art. 49 Appeal from judgment of Court of Magistrates. Art. 50 Court of Magistrates (Gozo) as court of first instance. Art. 51 Judgments subject to appeal to Court of Magistrates as an appellate court in its superior jurisdiction. Art. 52 Judgments subject to appeal to Court of Appeal. Art. 53 Applicability of provisions relating to superior courts, to Gozo Court in its superior jurisdiction. Art. 54 Gozo court as court of voluntary jurisdiction. Art. 55 Qualifications of magistrates and magistrates surrogate. Art. 56 Saving. Art. 56A Small Claims Tribunal. Art. 57 Duties of Director General (Courts). Art. 58 Registries. Repealed by: XI.1858.3. Art. 59 Cases in which registrar is debarred from acting as such. Art. 60 Oath to be taken by Director General (Courts). Art. 61 Other duties of registrar. Art. 62 Authentication of copies. Art. 63 Liability of registrar. Art. 64 Taxing of judicial costs. Impugnment of assessment of costs. Art. 65 Archives. Art. 66 Absence or other lawful impediment of Director General (Courts). Art. 67 Duties of court executive officers. Art. 68 Maintenance of good order in Courts. Art. 69 Court executive officers to execute duties personally. Art. 70 Opposition to court executive officers in the execution of their duties. Art. 71 Executive officer to inform court of any warrant issued against an exempted person. Art. 72 Powers of executive officers. Art. 73 Assistance of Police force. Art. 74 Archivist. Art. 75 Duties of archivist. Art. 76 Formation of list of records, etc. Art. 77 Responsibility of archivist. Art. 78 Art. 78A Definitions in this Title. Art. 79 Administration of advocates and restrictions in respect of members of Parliament. Art. 80 Oaths of allegiance and of office. Art. 81 Qualifications for obtaining warrant. Art. 81A Regulations. Art. 82 Bargaining of fees prohibited. Art. 83 Advocates not to enter into or make agreements or stipulations quotae litis. Art. 84 Causes of disqualification. Art. 84A The Chamber of Advocates. Art. 85 Admission of legal procurators. Art. 86 Oaths of allegiance and of office. Art. 87 Qualifications for obtaining warrant. Art. 87A Regulations. Art. 88 Applicability of articles 83 and 84. Art. 88A Law firms. Art. 88B Name of law firms. Art. 88C Obligations of advocates to apply to law firms. Art. 88D Register of legal professionals and law firms. Art. 89 Appointment of official curators, etc. Art. 90 Appointment of official curators, etc., for the Gozo court. Art. 91 Publication of lists. Art. 92 Performance of duty in rotation. Art. 93 Order of rotation. Art. 94 Appointment of person outside the rota. Art. 95 Gratuitous legal aid by curators. Art. 96 Misconduct or negligence of curators, etc. Art. 97 Illegal practices. Art. 97A Appointment of judicial assistants. Art. 97B Oath of office. Art. 97C Decisions by judicial assistants. Art. 98 Nullity of judicial acts. Art. 99 Reiteration of an act which is null. Art. 100 Nullity of form not to be pleaded by person giving rise thereto. Art. 101 Running of legal or judicial times. Art. 102 Dies a quo. Art. 103 Computation of times. Art. 104 Time of twenty- four hours. Art. 105 Legal or judicial time to run against both parties. Art. 106 Times, other than peremptory, may be extended. Art. 107 Abridgement of legal time in urgent cases. Art. 108 Public holidays not to suspend the running of times. Art. 109 When sittings are to be held, etc. Art. 110 Power to administer oaths. Art. 111 Form of oath in accordance with religious persuasion. Art. 112 Oath of witnesses and referees. Art. 113 Power of court to make warning as to obligation of oath. Art. 114 Oath to be taken personally. Art. 115 Judicial acts accessible to all persons. Copies. Art. 116 Original acts not to be taken out. Exception. Art. 117 Acts issued in the name of the Republic of Malta. Art. 118 Signing of acts by judge or magistrate. Art. 119 Any judge may give directions on ex parte applications. Art. 119A Number of copies to be filed. Art. 120 Forensic year. Sessions. Art. 121 Vacations in superior courts. Art. 122 No sittings to be held during recess. Exceptions. Art. 123 Issue of warrants during recess. Art. 124 Meaning of "working days". Art. 125 Procedure in superior courts and inferior courts. Art. 126 Art. 127 Art. 128 Art. 129 Art. 130 Art. 131 Art. 132 Art. 133 Art. 134 Art. 135 Art. 136 Art. 137 Art. 138 Art. 139 Art. 140 Art. 141 Closing of written pleadings in first instance. Art. 142 Ordinary procedure before appellate court. Art. 143 Contents of application of appeal. Art. 144 Service of application of Appeal. Time for answer. Art. 145 Production of documents. Art. 146 Closing of pleadings in appeal. Art. 147 Power of court to order additional pleadings. Art. 148 Time within which defendant may admit claim. Art. 149 Time for filing written pleadings not to run during vacations. Art. 150 Cases in which production of documents is permitted outside prescribed time. Art. 151 Cause book. Art. 152 List of causes set down for hearing. Parties to be served with notice of day of hearing. Art. 153 Default of written pleadings not to debar party from appearing at hearing of cause. Art. 154 Proceedings by sworn application. Art. 155 Form of writ of summons. Art. 156 Drawing up and contents of sworn application. Art. 156A Cumulative writ of summons. Art. 157 Service of sworn application. Art. 158 Sworn reply and note of admission, filing, etc. Art. 159 The sworn application and the reply not to contain comments or superfluous matter. Art. 160 Affidavits of witnesses. Art. 161 Art. 162 Proceedings by writ of summons. Art. 163 Mode of procedure in Commercial Court and in Gozo court in its superior commercial jurisdiction. Art. 164 Nullity of proceedings. Art. 165 Leave to file written submissions. Art. 166 Written submissions in reply. Art. 166A Special procedures in respect of certain unopposed claims etc. Art. 166B Registration of Executive Titles obtained pursuant to article 166A. Art. 167 Special summary proceedings. Repealed by: IX.1886.25. Re-enacted by: XV.1913.52. Art. 168 Service on defendant. Repealed by: IX.1886.25. Re-enacted by: XV.1913.52. Art. 169 Time for service of sworn application. Repealed by: IX.1886.25. Art. 169A Mode of service. Art. 170 Trial in special summary proceedings. Repealed by: IX.1886.25. Re-enacted by: XV.1913.52. Art. 171 Mode of procedure in inferior courts. Art. 171A Mediation. Art. 172 Mode of procedure in appeals from judgments of inferior courts. Art. 173 Orders in camera. Art. 174 Contents of written pleadings. Art. 175 Power of court to order or permit amendment of written pleadings. Art. 176 Mode of drawing up pleadings. Art. 177 "With costs." Art. 178 Signing of written pleadings. Art. 179 Where, when and how written pleadings are filed. Art. 180 Persons who may file written pleadings. Art. 181 Written pleadings filed by a Minister or a public officer. Art. 181A Art. 181B Judicial representation of Government. Art. 181C Transfer of judicial acts and written pleadings between Courts in Malta and Courts in Gozo. Art. 181D Transfer and execution of warrants and orders between courts in Malta and courts in Gozo. Art. 182 Persons filing written pleadings are bound to accept service of other written pleadings. Art. 183 Duties of registrar in connection with the filing of written pleadings. Art. 184 Difficulty about filing of written pleadings. Art. 185 Service on all parties. Art. 186 Designation of person to be served with written pleading. Art. 187 Mode of service. Art. 187A Accessibility of electoral register in electronic format. Art. 188 Certificate of service. Art. 189 Service of acts and execution of warrants and orders in Gozo and Comino. Art. 190 Service of acts and execution of warrants and orders in Malta. Art. 191 Mode of preparing copies. Art. 192 Penalty in case of irregular copies. Art. 193 Provisions of this Title to apply to all courts and to all acts. Art. 194 Posting up of cause list. Art. 195 Trial of causes. Art. 196 Absence of witness to be a good ground for adjournment. Art. 197 Order of trial. Art. 198 Calling on of causes. Art. 199 Default of appearance of contending parties at trial. Art. 199A Presence through live video conferencing link. Art. 200 Non suit of plaintiff in default of security for costs. Art. 201 Default of appearance of defendant. Art. 202 Regulation of trial. Art. 203 Power of court to vary order of production of evidence. Art. 205 Party assisted by advocate not to address court. Art. 206 Close of trial. Art. 207 Order of trial in appellate court. Art. 208 Production of witnesses before appellate court. Art. 209 Appeal to be declared abandoned in default of appearance of the parties. Art. 210 Parties or advocates not to interrupt each other. Art. 211 Judgment to be given in the same or at earliest date. Art. 212 Grounds of adjournment to be stated by court and noted down by registrar. Art. 213 In inferior courts, the court may adjudge on a right although not falling precisely within original claim. Art. 214 Appearance of parties in inferior courts. Art. 215 Inferior courts to proceed summarily. Art. 216 Delivery of judgment. Art. 217 Decision of majority to form judgment of court consisting of more than one member. Art. 218 Judgment to include reasons. Art. 219 Conclusive or binding declarations to be included in operative part of judgment. Art. 220 Recording of decision and reasons. Art. 221 Delivery and recording of interlocutory decrees. Art. 222 Judgment upon claim for specific performance. Art. 223 Costs. Art. 224 Award of costs in solidum or pro rata. Art. 225 Costs against tutors, etc. Art. 226 Time for filing application of appeal. Art. 227 Judgments by appellate courts not subject to appeal. Art. 228 Other judgments not subject to appeal. Art. 229 Appeal from decrees. Art. 230 Interlocutory decrees not to operate as res judicata for court delivering them. Art. 231 Appeal in case of separate judgments on several issues in the same action. Art. 232 Assessment of damages, etc., pending appeal. Liability for expenses in case of reversal of judgment. Art. 233 Power of appellate court to assess damages, interest or fruits. Art. 234 Decrees in regard to jurisdiction of court to be subject to appeal. Art. 235 No appeal ab omissa decisione. Art. 236 Interested third parties may appeal. Art. 237 Judgment not to operate against third parties. Art. 238 Persons who benefit from appeal. Art. 239 Art. 240 Cross-appeal. Art. 241 Cross-appeal to hold good notwithstanding abandonment of appeal. Art. 242 Notice as to validity of laws. Art. 243 Abridgement of time for appeal. Art. 244 Lodging of record. Art. 245 Mode of lodging record. Art. 246 Lodging of record in appeals before Gozo court as appellate court. Art. 247 Lodging of record in appeals from inferior court to Court of Appeal. Art. 248 Fee on lodging of record, in appeal from Gozo court to Court of Appeal. Art. 249 Security for cost Art. 250 Exemptions from security. Art. 251 Times mentioned in article 226 to be peremptory. Art. 252 Mode of enforcement of executive title. Art. 253 Executive titles. Art. 254 Judgments ordering release from imprisonment for debt to be enforceable immediately. Art. 255 Judgments enforceable after twenty-four hours. Art. 256 All other judgments to be enforceable after two days from delivery. Art. 257 Power of court to abridge time for enforcement of judgments. Art. 258 Procedure for enforcement of executive titles. Art. 259 Procedure for enforcement of executive title where debtor is dead. Art. 260 Executive titles to be enforceable on movable and immovable property of debtor. Art. 261 Joint enforcement of executive titles. Art. 262 Payment or fulfilment in part of debt or claim not to operate as waiver of execution. Art. 263 Enforcement by creditor of creditor. Art. 264 By which court executive titles are enforceable. Art. 265 Enforcement of judgment of appellate court. Art. 266 Provisional enforcement of judgments by order of the court. Art. 267 Provisional enforcement by operation of law. Art. 268 Other articles applicable to provisional enforcement. Art. 269 Appeal from judgment authorizing enforcement of other judgment, etc. Art. 270 Condition for registration in Public Registry of notes of reference deriving from a judgment. Art. 271 Enforcement of part of judgment notwithstanding appeal from another part. Art. 272 Power of the court in the execution of titles. Art. 273 Executive acts. Art. 274 Preparation and issue of executive warrants. Art. 275 Powers of executing officer. Art. 276 No opposition to the execution of warrants. Re-numbered by: XIV.2006.7. Art. 277 Time for execution of warrants and orders. Art. 278 Service of copy of warrant on party against whom it is issued. Art. 279 Damage in case of nullity of warrant or its execution. Art. 280 Duty of notary to give notice to registrar of the publication of a deed ordered by a judgment. Art. 281 How executive acts may be impugned. Art. 282 Warrant of seizure on movable property. Art. 284 Payment of the amount due. Art. 285 Seizure of other movable property. Art. 286 Consignee. Art. 287 Persons who may not act as consignees. Art. 288 Attendance of the consignee. Art. 289 Consignee to preserve property seized. Art. 290 The consignee to act as a bonus paterfamilias. Art. 291 Other creditors may not oppose execution. Art. 292 No identification is to be made of property already seized. Art. 293 Property not subject to seizure. Art. 304A Procedure for the sale of movable property. Art. 305 Form of demand by application. Art. 306 Duties of the court. Art. 307 Appraisement by debtor. Art. 308 Expert to be appointed by court, unless agreed on by parties. Art. 309 Appraisement of gold or silver articles to show intrinsic value, etc. Revoked by: XIV.2006.16. Art. 310 Valuation of immovable property to contain description of property, etc. Art. 311 Valuation or appraisement to be sworn by expert. Art. 312 Sale by auction of movable or immovable property and going concerns. Art. 312A Auctions to be held whenever the need arises. Art. 312B Provisions apply both to movable and immovable property and to going concerns. Art. 312C Demand for seizure of a going concern. Art. 312D Decree upholding the demand for the issue of the warrant. Art. 312E Appointment of application for hearing. Art. 312F Appointment of date, place and time for the sale. Art. 312G Appointment of administrator. Art. 312H Applicability of articles 308 to 311. Art. 312I Where court decides that going concern shall continue to be administered. Art. 312J Demand for the sale of the going concern. Art. 312K Definition of going concern. Art. 313 Form of advertisement of sale by auction. Art. 314 Place and time of sale by auction. Art. 315 Valuation of property to be sold by auction. Art. 316 Appraisement of gold or silver articles to show intrinsic value. Art. 317 Removal of movable property to place of sale. Art. 318 Sale by auction in gross, in lots, or under separate items. Art. 319 Opening of sale by auction. Art. 320 Bids pro persona nominanda etc., not to be accepted. Art. 321 Bids subject to the issue of edicts. Art. 322 Binding force of bids. Art. 323 Duration of auction. Art. 324 Adjudication not to be made on day of sale in certain cases. Art. 325 Appointment of another day for continuation of sale. Adjudication to be made on such other day. Saving. Art. 326 Suspension of auction or adjudication. Art. 327 New bids within fifteen days of adjudication. Art. 328 Payment into court of purchase money. Art. 329 Defaulting purchaser liable to personal arrest. Art. 330 Lodging of purchase money of movable property. Art. 331 Delivery of immovable or movable property to purchaser. Art. 332 No payment into court is necessary on adjudication upon a bid animo compensandi. Art. 333 Animo compensandi bid. Art. 334 Conditional leave to bid animo compensandi. Art. 335 Opposition to bids animo compensandi. Art. 336 Conditional leave to several creditors to bid animo compensandi. Art. 337 Demand for approval of set-off. Payment into court of surplus of price, if any. Art. 338 Application for approval of set-off. Service of application. Art. 339 Competition of creditors. Art. 340 Effect of approval or disallowance of set-off. Art. 341 Execution creditor, etc., may demand fresh executions in case of deficiency of proceeds. Art. 342 Restoration of balance of deposit to debtor. Art. 343 Discontinuance of sale by auction and restoration of unsold property to debtor. Art. 344 Withdrawal of amount of claim and taxed costs by execution creditor. Art. 345 Sale of perishable articles. Art. 346 Right of other creditor to continue auction. Art. 347 Procès-verbal of sale by auction. Art. 348 Procedure in auctions of merchandise or other property. Art. 349 Persons who may not bid in auctions. Art. 350 Expulsion of debtor from place of sale if he hinders proceedings. Art. 351 Consequences of suspension of sale for over one year. Art. 352 Disposal of immovable property, etc., by debtor within a year from registration of order of sale to be null. Art. 353 Substitution of movable for immovable property put up for sale. Art. 354 Execution of a judgement of the Court of Magistrates (Malta) on immovable property. Art. 355 Jus redimendi. Art. 356 Right of creditor to re-sell immovable property to be exercised within two years. Art. 357 Eviction after adjudication. Art. 357A Action to annul or rescind a judicial sale by auction. Art. 358 Private sale of a ship, vessel or aircraft. Art. 359 Appraisements by independent and reputable valuers. Art. 360 Persons called upon to make submissions. Art. 361 Hearing. Art. 362 Where Court accedes to application. Art. 363 Deposit of price in Court. Art. 364 Title which is free from all privileges and encumbrances. Art. 375 Executive garnishee order. Art. 376 Contents of garnishee order. Art. 377 Mode of executing garnishee order. Art. 378 Declaration by garnishee. Time for such declaration. Art. 379 Garnishee may be enjoined to deposit. Art. 380 Form of injunction. Art. 381 Property not subject to attachment. Art. 382 Salary or wages not subject to attachment. Art. 383 Garnishee order may not be extended. Art. 384 Mode of execution of warrant of ejectment or expulsion from immovable property. Art. 384A Warrant of ejectiment or expulsion from seagoing vessels or aircraft. Art. 385 Warrant in factum. Art. 386 Where and against whom warrant in factum may be executed. Art. 387 Maintenance at the expense of person demanding issue of warrant. Art. 388 Execution of warrant in factum not to bar action for damages. Art. 388C Application for the issue of a warrant. Art. 388D Court to decide about the sale or to fix time-limit for payment. Art. 388E Application for the issue of warrant. Art. 388F Court to decide about the sale or to fix time-limit for payment. Art. 388G Court may issue other orders. Art. 389 Account to be supported by documents. Art. 390 Contents of account. Art. 391 Payment of balance not to imply approval of account. Art. 392 Objection to account. Art. 393 Certain items may be allowed although unsupported by vouchers. Art. 394 Failure to render account within prescribed time. Art. 395 Liquidation of fruits. Art. 396 Reconvention. Art. 397 Effects of reconvention. Art. 398 Form of reconvention. Art. 399 Security for costs. Art. 400 Capacity of parties in reconvention. Art. 401 Discontinuance of action by plaintiff not to bar prosecution of counterclaim. Art. 402 Connection of actions. Art. 403 Jactitation. Art. 404 Time for bringing claim for trial. Art. 405 When jactitation suit is inadmissible. Art. 406 Jactitator to proceed before court to the jurisdiction of which the party aggrieved is subject. Art. 407 Where jactitator declares before court that he has no claim against party aggrieved. Art. 408 Fixing of time to jactitator. Art. 409 Extension of time. Art. 410 Injunction of perpetual silence. Art. 411 Perpetual silence to apply only to jactitation referred to in a sworn application. Art. 412 Where jactitator brings his claim for trial. Art. 413 Effects of non-suit in action by jactitator. Art. 414 Effects of default by jactitator to take fresh proceedings. Art. 415 Jactitation suit inadmissible against absent persons, etc. Art. 416 Competition of creditors on moneys deposited in court. Art. 417 Jus avocandi. Art. 418 Competing claimants to proceed by application. Art. 419 Service of application. Art. 420 Closing of written pleadings. Art. 421 Additional pleadings. Art. 422 No money to be paid out without consent of parties interested or without order of court. Art. 423 Withdrawal of deposit subject to condition of surety. Art. 424 Hypothecary security in lieu of surety. Art. 425 Exemption from surety. Art. 426 Duration of obligation of surety. Art. 427 When condition requiring a surety is not operative. Art. 428 Competing claims on primogenitures, etc. Filing of the application. Art. 429 Answer and respective statement. Art. 430 Service of answer and respective libel. Art. 431 Closing of pleadings. Art. 432 Parties served with answer and respective application may file a note. Art. 433 Other claimants may file application. Art. 434 Additional written pleadings. Art. 435 Person not expressly notified not to be debarred from claiming his rights by separate proceedings. Art. 436 State Advocate to take possession of inheritance where no known heirs are present in Malta. Art. 437 Warrant of description. Art. 438 Interested parties may apply for leave to be present at description. Art. 439 Seizure of movable property. Art. 440 Sale by auction of perishable property, etc. Art. 441 State Advocate to be lawful representative of inheritance. Art. 442 Estate not to be disposed of without order of court. Art. 443 Duties of State Advocate where inheritance is of considerable value. Art. 444 Persons exempted from giving security. Art. 445 Delivery of estate to creditor. Art. 446 Summary procedure for delivery of estate to creditor where claim is proved by documentary evidence. Art. 447 Sale by auction of estate and deposit of proceeds in court. Art. 448 Procedure for disentail. Art. 449 Contents of application. Art. 450 Production of documents and security for costs. Art. 451 Issue of banns for appointment of curators. Art. 452 Publication of notice in newspapers announcing application for disentail. Art. 453 Service of application. Art. 454 Answer by curators, etc. Art. 455 No written reply allowed. Art. 456 Closing of written pleadings. Art. 457 Appointment of day for hearing of application. Art. 458 Effect of judgment ordering the disentail. Art. 459 Power of court to order cessation of effects of disentail. Art. 460 Proceedings against the Government. Art. 461 Proceedings for recovery of fine (multa) by civil process. Art. 462 Proceedings for forfeiture of goods by civil process. Art. 463 Person against whom application is to be directed. Art. 464 When application is to be directed against official curators. Art. 465 Any interested person may appear at the trial to contest action. Art. 466 Proceedings for debts due to Government. Art. 467 Opposition to proceedings under article 466. Art. 468 Summary proceed- ings for eviction from certain land. Repealed by: XXIV.1995.200. Art. 468A Procedure subsequent to a request made under article 468. Art. 468B Regulations. Art. 469 Government costs. Art. 469A Judicial review of administrative action. Art. 469B Judicial review of a decision of the Attorney General. Art. 470 Procedure in matters of voluntary jurisdiction. Art. 471 Powers of judge. Art. 472 Court may, in certain cases, order the production of an opinion in writing of an advocate. Art. 473 Judge may examine any person on subject- matter of application. Art. 474 Collection of information. Art. 475 Any person may spontaneously appear to give information. Art. 476 Act to be within terms of decree. Art. 477 Act to be valid only as far as authorized. Art. 478 Presence of judge at execution of acts Art. 479 Decrees. Art. 480 Hearing of application for provisional maintenance etc. Art. 481 Mode of service. Art. 481A Review of maintenance decree. Art. 482 Examination of applications with closed doors. Art. 483 Service of application on interested third parties. Art. 484 Default of answer by third party. Art. 485 Opposition to demand. Art. 486 Custody of applications and decrees. Art. 487 Cognizance of matters of voluntary jurisdiction not to be ground for challenge or abstention of judge. Art. 488 Grounds for impugning acts executed by leave or with authorization of court. Art. 489 Applicability of provisions of this Part to court of Gozo as court of voluntary jurisdiction. Art. 490 Disentail where fruits do not exceed ninety- three euro and seventeen cents (93.17) per annum. Art. 491 Where person whose consent is required is a minor, etc. Art. 492 Art. 493 Where fruits of tenement do not exceed nine euro and thirty-two cents (9.32) per annum. Art. 494 Anterior dividual entail. Art. 495 Substitution. Art. 496 Letting out of property subject to entail. Art. 497 Letting out of property subject to entail on emphyteusis. Art. 498 Where person refuses consent. Art. 499 Issue of edicts. Art. 500 Application. Art. 501 Court to issue two edicts with interval of fifteen days. Art. 502 Notice by registrar. Contents of notice. Art. 503 Posting up of notice. Art. 504 Appointment of curators. Art. 505 Written report by curators. Art. 506 Compilation of record. Art. 507 Decree of court. Art. 508 Time for which hypothecs remaining in force as provided in article 507 shall subsist. Art. 509 Issue of edicts in pursuance of condition attached to bid in judicial auction. Art. 510 Curators to investigate history of title to property. Art. 511 Extension of original time of two months. Art. 512 Application for the appointment of tutors, curators, etc. Art. 513 Appointment of experts for examination of accounts, Art. 514 for fixing maintenance allowances. Art. 515 Power of court to exempt tutors, etc. from continuing to act, Art. 516 or to suspend such tutors, etc. Art. 517 Duration of suspension. Art. 518 Substitution of executors, administrators, etc. Art. 519 Service of application for substitution. Art. 519A Guardianship Board. Art. 519B Procedures. Art. 519C Appointment of experts and request for information. Art. 519D Application for the appointment of a guardian. Art. 519E Examination of persons in respect of whom guardianship is demanded and appointment of temporary guardian. Art. 519F Appointment of guardian. Art. 519G Persons eligible as guardians. Art. 519GA Appointment of guardians. Art. 519H When Guardian- ship Order includes administration of property. Art. 519I Guardian may seek advice. Art. 519J Revocation of Guardianship. Art. 519K Special powers of the Board. Art. 519L Appeal from decisions of the Board. Art. 519M Persons subject to interdiction or incapacitation. Art. 519N Power to make regulations. Art. 520 Application for interdiction or incapacitation. Art. 521 Persons who may demand interdiction or incapacitation. Art. 522 Examination of person whose interdiction is demanded. Appointment of temporary curator. Art. 523 Appointment of curator. Art. 524 Incapacitation. Art. 525 Interdiction or incapacitation to date from decree. Nullity of acts performed after decree. Art. 526 Revocation of interdiction or incapacitation. Art. 527 Notice containing terms of inhibition to be published in Gazette. Art. 528 Presentation of secret wills. Receipt. Art. 529 Particulars to be noted down by registrar on presentation of will. Art. 530 Note of particulars to be signed by registrar, etc. and registered in a book. Art. 531 Wills to be endorsed with act of delivery. Art. 532 Withdrawal of will. Art. 533 Appointment of time for opening and publication of will. Art. 534 Opening of will. Art. 535 Delivery of will to notary. Art. 535A Ftuħ ta’ testmenti li jkunu saru aktar minn mija u ħamsin sena qabel. Miżjud: XI.1999.3. Art. 536 Declaration of the opening of succession. Art. 537 Issue and posting up of banns. Time for opposition. Art. 538 Decree of court. Art. 539 Conservatory measures. Art. 540 Art. 541 Acceptance of inheritance with benefit of inventory to be made by a note. Art. 542 Oath by person filing the note. Art. 543 Contents of inventory. Art. 544 Appointment of time for publication of inventory. Art. 545 Summoning of interested parties, Art. 546 by application, by banns. Art. 547 Publication of inventory. Art. 548 Forfeiture of benefit. Art. 549 Applicability of ss. 542 to 547 to all inventories under the authority of the Court of voluntary jurisdiction. Art. 550 Emancipation. Art. 551 Agreements requiring authorization of court to be effected by notarial deed. Exception. Art. 552 Art. 553 Period of validity of decrees of authorization. Art. 554 Duty of registrar to cause registration of hypothecs. Art. 555 Duties of notaries. Art. 556 Taxing of extra- judicial fees. Art. 557 Taxing of fees in respect of proceedings under authority of superior courts. Art. 558 Relevance of evidence. Art. 559 Best evidence to be produced. Art. 560 Rejection of irrelevant evidence. Art. 561 Power of court to require object of evidence. Art. 562 Onus of proof on person alleging. Art. 563 Competency of witnesses. Art. 563A Admissibility of ex parte expert opinion and certain expressions of non- expert opinion. Art. 563B Evidence of foreign law. Art. 564 Age not to constitute ground of inadmissibility. Art. 565 Admissibility of parties to give evidence. Art. 566 Admissibility of spouses, civil union partners and cohabitants of party to a suit as witness. Art. 567 Interest in suit not to be a bar to admissibility of witness. Art. 568 Summoning of witnesses. Art. 569 Subpoena ad testificandum. Art. 570 Subpoena duces tecum. Art. 571 Demand for issue of subpoena in inferior courts. Art. 572 Time for attendance of witness. Art. 573 Oath as to relevancy of evidence of witness outside the jurisdiction. Art. 573A Another person to give evidence instead of the person sub- poenaed. Art. 574 Persons present in court may be called to give evidence. Art. 575 Penalty for non- attendance of witness duly summoned. Art. 576 Power of court to remit punishment. Art. 577 Witnesses to be examined viva voce. Art. 578 Leading or suggestive questions. Art. 579 Cross- examination. Art. 580 Questions in cross- examination. Art. 581 Questions arising out of answers given by witness. Art. 582 Questions by court. Art. 583 Witness may refresh his memory. Art. 584 Party producing witness may not impeach his credit by evidence of bad character. Art. 585 How opposite party may impeach witness. Art. 586 Art. 587 Witness bound to answer questions allowed by court. Art. 588 Privileged communications. Art. 589 Incriminating questions. Art. 590 Discretionary power of court as to degrading questions, etc. Art. 591 Person present at trial may not be produced as witness. Discretionary power of court. Art. 592 Witnesses to be examined separately. Confronting witnesses. Art. 593 Deaf and dumb witnesses, etc. Art. 594 Notes of the evidence. Art. 595 Employment of stenographers. Art. 596 Employment of interpreter. Art. 597 Examination or cross-examination not to be interrupted. Art. 598 Hearsay evidence. Art. 599 When hearsay evidence is admissible. Art. 600 Dying declarations, etc. Art. 601 Arrest of false witness. Art. 602 Addition or correction by witness or interpreter. Art. 603 Identification of persons or objects. Art. 604 Witness not to leave court. Art. 605 Communication between witnesses. Art. 606 Examination of witness about to leave Malta, etc. Art. 607 Judicial assistant to take down objections to competency or credit of witnesses. Art. 608 Examination of witness under article 606 may be ordered at any stage of the proceedings. Art. 609 Signing and sealing of deposition. Art. 610 Deposition may be taken independently of reasons mentioned in article 606. Art. 611 Examination of witness about to leave Malta, etc., whose evidence is required before inferior courts. Art. 612 Applicability of article 606 in cases of witnesses disallowed by court of first instance. Art. 613 Evidence of person residing abroad. Art. 614 Form of application for letters of request. Art. 615 Oath by person applying for letters of request. Art. 616 Opposite party may appoint a representative. Art. 617 Interrogatories to be accessible to opposite party. Art. 618 Drawing up of letter of request. Art. 619 Transmission of letter of request and documents to Minister responsible for justice. Art. 620 Duty of person demanding examination. Art. 621 Method of examination by interrogatories. Powers of examiner. Art. 622 Art. 622A Evidence by affidavit of witness residing abroad. Art. 622B Audio-recording or video-recording of evidence. Art. 623 Resumption of trial. Art. 624 Production of evidence taken upon letters of request. Art. 625 Reading of depositions in court. Art. 626 Examination of witnesses by referee. Art. 627 Documents requiring no proof of authenticity other than that which they bear on the face of them. Art. 628 Acts of foreign Governments, etc. Art. 629 Acts requiring proof of authenticity. Art. 630 Acts and registers of foreign notaries. Art. 631 Traders’ books, etc., to constitute evidence against traders, etc. Art. 632 Declarations against interest, etc. Art. 633 Defective public act which may be admissible in evidence as private writing. Art. 634 Rules of evidence as to signatures or marks. Art. 635 Modes of proving handwriting. Art. 636 Copies. Art. 637 Actio ad exhibendum. Art. 638 Documents kept by administrator presumed to belong to person whose estate he administers. Art. 639 Contents of demand for production of documents. Art. 640 Form of demand for production of documents. Art. 641 Proof of possession of documents. Art. 642 Time in which demand for production of documents may be made. Art. 643 Indirect proof arising from default of production. Art. 644 Order of reference. Art. 645 Contents of order. Art. 646 Appointment of referee. Art. 647 No person may have more than two references at the same time. Art. 648 Challenge of referees. Art. 649 Good cause for challenge. Art. 650 Time for making peremptory challenge. Art. 651 Power of court. Art. 652 Challenge of referee named by court. Art. 653 Time for challenging referee for good cause. Art. 654 Mode of making challenges for cause. Art. 655 Hearing of grounds of objection. Art. 656 Service of order of reference on referee. Art. 657 Declination of appointment. Art. 658 Penalty for certain persons refusing without reasonable excuse to act as referees. Art. 659 Penalty for default of referee to carry out reference. Art. 660 Submissions by parties to referees. Art. 661 Sittings of referees. Art. 662 Extension of time to carry out reference. Art. 663 Penalty for delaying or refusing to file report without reasonable excuse. Art. 664 Summoning of witnesses before referees. Penalty for non-attendance of witnesses. Art. 665 Contents of report. Art. 666 Taxation of fee due to referees. Art. 667 Appeal by referee or party from taxation of fee. Time for appeal. Art. 668 By whom fee of referee is to be provisionally paid. Art. 669 Court may order deposit of fee due to referee. Art. 670 When court may decide cause without the reference. Art. 671 Referee to divide fee in cases where parties are admitted to sue or to defend with the benefit of legal aid. Art. 672 Publication of report. Art. 673 Time for examination of report. Art. 674 Additional referees. Art. 675 Average of amounts assessed by referees. Art. 676 When additional referee cannot be appointed. Art. 677 Time for making demand for additional referees. Art. 678 Appointment of additional referees. Art. 679 Inadmissibility of fresh documents or witnesses after the filing of the report. Art. 680 Examination of referees. Art. 681 Court not bound to adopt report. Art. 682 When reference is permitted before appellate court. Art. 683 Inspection in faciem loci. Art. 684 Contents of decree. Art. 685 Service of decree on referees. Art. 686 Deputing judicial assistant for inspections outside jurisdiction of court. Art. 687 Presence of one member of court to be sufficient. Art. 688 Court to repair to place at the appointed time. Art. 689 Record of inspection. Art. 690 Directions to referees. Art. 691 Examination of witnesses. Art. 692 Costs of inspection. Art. 693 Admission made in or out of court. Art. 694 Probatory force of admissions made out of court. Art. 695 Declarations, etc., made by advocate, etc., can be withdrawn at any time before judgment. Art. 696 Reference to oath of defendant. Art. 697 Reference to oath of plaintiff. Art. 698 Non-appearance of party to whose oath reference is required. Art. 699 In the superior courts, questions to be in writing. Art. 700 Written questions to be clear, etc. Art. 701 Affirmative or interrogative form of questions. Art. 702 Demand for reference to oath in inferior courts. Art. 703 Replies to questions. Art. 704 Taking of answers to questions. Art. 705 Further queries. Art. 706 Deputing judicial assistant to take answers upon a reference to oath. Art. 707 Reference to oath of other parties not under impediment. Art. 708 Before inferior courts reference to be taken by sitting magistrate. Art. 709 Art. 710 Power to forbid presence of one party during deposition of another. Art. 711 Reference to oath of party absent not allowed. Art. 712 Deputing judicial assistant to take deposition upon reference of party who might die before day of trial. Art. 713 Evidence by reference admissible at any stage of proceedings. Art. 714 Evidence by reference may not be refused, even if no other evidence is available. Art. 715 Subject-matter of reference. Art. 716 Power to defer back questions. Art. 717 Refusal of party to whom reference is made to answer or defer back questions. Art. 718 Retracting of questions. Art. 719 Party present in court to declare whether he intends answering or deferring back questions. Art. 720 Suppletory oath. Art. 721 Oath may be administered before or after judgment. Art. 722 Judgment to fix time within which suppletory oath is to be taken. Art. 723 Oath in litem. Art. 724 Party admitted to oath in litem to produce list of sums, etc., due. Art. 725 Power of court. Art. 726 Applicability of article 606(3), (4) and (5). Art. 727 Oaths to be administered by registrar. Art. 728 Pleas to be raised in sworn answer. Art. 729 Power of court to hear merits of case in order to dispose of preliminary plea. Art. 730 Certain pleas to be determined under separate heads. Art. 731 Pleas which may be raised at any stage of proceedings. Art. 732 Peremptory pleas. Art. 732A Ex officio pleas raised by the court. Art. 733 Challenge or abstention of judge. Art. 734 Grounds for challenge or abstention of judge. Art. 735 Abstention by judge. Written or oral declaration thereanent. Art. 736 Judge to sign applications or warrants despite being otherwise precluded from dealing with cause. Art. 737 Objection to judge to be made in open court. Art. 738 Decision on grounds of challenge or abstention. Art. 739 When objection to judge is not admissible. Art. 740 Application of provisions to magistrates. Art. 741 Plea to the jurisdiction. Grounds of plea. Art. 742 Persons subject to jurisdiction of civil courts of Malta. Art. 742A Immunity of the President of Malta. Art. 742B Jurisdiction in rem against ships or vessels. Art. 742C Action in rem in cases mentioned in article 742B(a) to (c). Art. 742D Action in rem in cases mentioned in article 742B(d) to (y). Art. 742E Jurisdiction in rem against aircraft. Art. 742F Action in rem. Art. 742G Jurisdiction in rem against aircraft engines. Art. 742H Action in rem in cases mentioned in article 742G. Art. 743 Party against whom counter- claim is set up, subject to jurisdiction of the courts of civil jurisdiction. Art. 744 Where counter- claim may be set up in other competent court in Malta. Art. 745 Rules as to jurisdiction between the several courts of Malta. Art. 746 Plea to jurisdiction based on value of thing in issue. Art. 747 Uncertain or indeterminate value. Art. 748 Determination of value by the demand. Art. 749 Determination of value of immovable property, Art. 750 Determination of value of right to ground-rents, etc., for a determinate period. Art. 751 Determination of value of right to annuities for life or for indeterminate period. Art. 752 Determination of value in actions for maintenance. Art. 753 Determination of value in actions touching obligations the amount whereof is payable by instalments, Art. 754 Avoidance of obligation ope exceptionis. Art. 755 Determination of value in actions touching contracts of lease, Art. 756 in actions of ejectment of tenants. Art. 757 Where no determinate period is alleged, Art. 758 Determination of value in actions relating to rendering of accounts. Art. 759 Actions for payment of several sums due for different causes. Art. 760 Actions relating to capital and interest. Art. 761 Valuation by expert. Art. 762 Appointment of expert. Art. 763 Art. 764 Valuation of expert appointed by parties. Art. 765 Fruits, etc., not to be reckoned in determining value. Art. 766 Determination of value for purposes of jurisdiction only to form basis of taxation of judicial costs. Art. 767 Privilegium fori. Art. 768 Rules as to jurisdiction where some defendants reside in Malta and some in Gozo or Comino. Art. 769 Art. 770 or where action touches obligation to be carried out in one particular Island. Art. 771 Privilegium fori may not be claimed by heir if it could not be claimed by predecessor. Art. 772 Express or tacit waiver of privilegium fori. Art. 773 Jurisdiction not affected by reason of the place where thing is. Jurisdiction ratione depositi. Art. 774 Where want of jurisdiction is to be declared by court of its own motion. Art. 775 Conflicting decisions as to jurisdiction. Art. 776 Procedure. Art. 777 Court of first instance declared competent by Court of Appeal, to take cognizance of action. Art. 778 Question of jurisdiction ratione materiae. Art. 779 Question of jurisdiction as between civil and commercial division of Gozo court in its superior jurisdiction. Art. 780 Plea as to capacity of plaintiff or defendant. Art. 781 Incapacity to sue or be sued. Art. 782 Exceptions. Art. 783 Appointment of curator ad litem. Art. 784 Authorisation of court instead of consent of parent. Art. 785 General authority by court to child. Art. 786 Plea as to capacity of person may not be raised against procurator of revenue of Diocesan Bishop of Malta, Art. 786A When plea of incapacity is not allowed. Art. 787 Nullity of acts by or against persons under disability. Art. 788 Cure of defect of nullity. Art. 789 Plea of nullity of judicial acts. Art. 790 Where plea of nullity of judgment may not be entertained. Art. 791 Pleas in spoliation suits. Art. 792 Lis alibi pendens. Art. 793 Connection of actions, Art. 794 Period within which to oppose plea. Art. 795 Plea as to beneficium excussionis. Art. 796 Deposit of costs of discussion. Art. 797 Suspension of proceedings. Art. 798 Default of defendant. Art. 799 Cause to be proceeded with if claim is not wholly satisfied. Art. 800 Discussion of other property. Art. 801 Plea may be waived. Art. 802 Plea of falsification. Art. 803 Where cause can be decided irrespective of plea. Art. 804 Plea to be determined independently of criminal action. Art. 805 Arrest of person suspected of falsification. Art. 806 Where party to suit dies. Art. 807 Continuation of suit by presumptive heir or curators. Art. 808 Default of heir, etc., to continue suit not to imply renunciation of inheritance, etc. Art. 809 Service of banns on presumptive heir. Art. 810 Acceptance of curatorship. Art. 810A Change of parties due to other causes. Art. 810B Continuation of suit in the absence of an application or of a curator. Art. 811 New trial of decided causes. Art. 812 New trial of causes decided in first instance. Art. 813 Extent of admissibility of new trial. Art. 814 Court to which demand for new trial is made. Art. 815 Form of demand for new trial. Art. 816 Contents of sworn application. Art. 817 Where demand is by writ of summons. Art. 818 Time for demanding new trial. Art. 819 Time to be peremptory and to run against minors, etc. Art. 820 If new trial is allowed, rehearing of cause to be proceeded with. Art. 821 Demand for new trial to be made once only. Exceptions. Art. 822 Demand for new trial may be availed of by defendant. Art. 823 Demand for new trial not to operate as a stay of execution. Art. 824 No new trial in respect of judgment given upon new trial. Art. 825 Errors of calculation in judgment. Art. 825A Applicability of this Title and European Union Regulations. Art. 826 Enforcement of judgments of tribunals outside Malta. Art. 827 Inquiry by court. Art. 828 Effects of registration of judgment in Public Registry. Art. 829 Party may safeguard his rights by precautionary acts. Art. 830 Precautionary acts. Art. 831 Application for issue of warrant. Art. 832 Where claim is for payment of sum of money. Art. 833 Administering of oath. Art. 833A Filing of precautionary warrants with judicial letter. Art. 833B Letter lodged in accordance with article 34 of the Mediation Act. Art. 833C Art. 833D Filing of precautionary warrant with judicial letter filed in accordance with article 466. Art. 834 Notice of execution of warrant. Art. 835 S. 834 not to apply to inferior courts. Art. 836 Counter-warrant. Art. 837 Precautionary acts which may not be issued by inferior courts. Art. 838 Precautionary acts. Art. 838A Security for payment of penalty, etc. Art. 838B Precautionary warrants to remain in force until the cause becomes res judicata. Art. 839 Object of warrant. Art. 840 Manner of executing warrant. Art. 841 Liability of person in possession of things described. Art. 842 Power of court. Art. 843 Time within which to bring action. Art. 844 Extension of time. Art. 845 Applicability of articles 275, 276 and 279. Art. 846 Warrant of seizure. Art. 847 Judicial acknowledgement of claim to precede judicial sale by auction. Art. 848 In inferior courts demand for judicial acknowledgment of claim to accompany demand for issue of warrant. Art. 848A Scope of warrant. Art. 848B Court to appoint administrator and expert. Art. 849 Precautionary garnishee order. Art. 850 Duration of garnishee order. Art. 851 Order for judicial sequestration. Art. 852 Sequestration order in regard to immovable property. Art. 853 Judicial sequestrator. Art. 854 Remuneration. Art. 855 Object of warrant. Revoked by: XIV.2006.99. Art. 856 Warrant to have effect both to seize and to attach the vessel. Revoked by: XIV.2006.99. Art. 857 The authority in charge of the vessel to be considered official consignee. Art. 858 Warrant to be sued out on appropriate form. Revoked by: XIV.2006.99. Art. 859 Warrant available where claim is not less than €7,000. Revoked by: XIV.2006.99. Art. 860 Statement to be contained in application. Revoked by: XIV.2006.99. Art. 861 Penalty in case of malicious demand for warrant. Art. 862 Security for payment of penalty, etc. Revoked by: XIV.2006.99. Art. 863 Ships or vessels not subject to the issue of a warrant. Revoked by: XIV.2006.99. Art. 864 Order for the sale of a ship or vessel pendente lite. Art. 865 Joint and several liability. Revoked by: XIV.2006.99. Art. 865A Object of warrant. Art. 865B Warrant’s effects. Art. 865C The authority in charge of the aircraft to be considered official consignee. Art. 865D Warrant to be sued out on appropriate form. Art. 865E Warrant not below certain values. Art. 865F Statement to be contained in application. Art. 865G Penalty in case of malicious demand for warrant. Art. 865H Security for payment of penalty, etc. Art. 865I Aircraft not subject to the issue of a warrant. Art. 865J Order for the sale of an aircraft pendente lite. Art. 865K Joint and several liability. Art. 873 Object of warrant. Art. 874 Warrant to secure debt or claim. Art. 875 Execution of warrant. Art. 876 Warrant in cases of personal separation or divorce. Art. 876A Applicability of certain articles. Art. 877 Warrant to restrain a person from taking a minor outside Malta. Art. 889 Protest and judicial letter. Art. 890 Effect from date of service. Art. 891 Act interrupting prescription to take effect from day of filing. Art. 892 Cautio Angeli. Art. 893 Security. Art. 894 How security is offered or objected to. Art. 895 Where objection is made to sufficiency of surety. Art. 896 Security tor judicial costs. Art. 897 Form of objection. Art. 898 Protest not to suspend running of time for filing pleadings. Art. 899 Enlargement of time for filing pleading, etc., not to imply enlargement of time for objecting to security. Art. 900 Objection to be notified to party giving security. Party to give fresh security, etc. Art. 901 Fresh security admissible, if previous security declared insufficient. Art. 902 Where objection is taken after cause is set down for hearing. Art. 903 Objection to security by registrar. Art. 904 Juratory caution. Art. 905 Special rules respecting security. Art. 906 Withdrawal of acts. Art. 907 Effect of withdrawal. Art. 908 Conditional withdrawal. Art. 909 Annexing of exhibits to fresh record. Art. 910 Effect of discontinuance of appeal by some of the co-appellants. Art. 911 Benefit of legal aid. Art. 912 Conditions for admission to the benefit of legal aid. Art. 913 Non-applicability of s. 912. Art. 914 Examination of demand for benefit of legal aid by Advocate for Legal Aid. Art. 915 Notifika tat-talba lill-parti kuntrarja. Emendat: IX.1886.113; XXXI.1934.79; XXIII.1971.42; XXIV.1995.333. Art. 916 Enlargement of time for report of advocate for Legal Aid. Art. 917 Decree allowing or rejecting demand for legal aid. Art. 918 Advocate and legal procurator to be assigned to person with benefit of legal aid. Art. 919 When party may not be admitted to proceed with the benefit of legal aid. Art. 920 Person with benefit of legal aid to be exempt from payment of fees, etc. Art. 921 Where party proceeding with the benefit of legal aid succeeds in his action. Art. 922 Nullity of acts not in accordance with terms of admission. Art. 923 Where person may be deprived of benefit. Art. 924 Penalty for advocate or legal procurator refusing his aid without just cause. Art. 925 Duties of advocate or legal procurator. Art. 926 Companies not entitled to legal aid. Art. 927 Demand and grant of benefit of legal aid. Art. 928 Applicability of preceding articles. Art. 928A Interpretation. Art. 928B Right to legal aid. Art. 928C Appointment of the competent authority. Art. 928D Functions of the competent authority. Art. 928E Procedure. Art. 928F Costs. Art. 928G Other costs. Art. 928H Miscellaneous. Art. 928I Interpretation. Art. 928J Application for Legal aid. Art. 928K Waiver of fees. Art. 929 Where curators are to be appointed in superior courts or Gozo court in superior jurisdiction. Art. 930 Appointment of curators before or in the course of proceedings. Art. 931 Issue of banns. Posting up and service of banns. Art. 932 Contents of banns. Art. 933 Confirmation as curator of person offering to accept appointment. Art. 934 Appointment of official curators. Art. 935 Person confirmed as curator not entitled to expenses. Art. 936 Duties of curators. Art. 937 Duties of legal procurator appointed as curator. Art. 938 Fees due to official curators. Art. 939 Appointment as curators of persons expert in the subject-matter of the curatorship. Art. 940 Appointment of curators ad litem in inferior courts. Art. 941 Power of court. Art. 942 Procedure prescribed in Title to apply to cases arising before court of second instance or on new trial. Art. 943 Irregular deposits (i.e. lodgment of money legally current in Malta). Art. 944 Conditions for withdrawal of money. Art. 945 Duties of registrar in connection with withdrawal of money. Art. 946 Claim touching a deposit, equivalent to garnishee order. Art. 947 Withdrawal of deposit made under a schedule of redemption. Art. 948 Deposit of things other than cash. Art. 949 Rules regarding place for deposit of things other than cash. Art. 950 Compulsory withdrawal of things other than cash in certain cases. Art. 951 Regular deposits (i.e. lodgment of money not legally current in Malta, gold or silver articles, etc.). Art. 960 Admission of party in statu et terminis. Art. 961 Joinder of third party. Art. 962 Effect of joinder of third party. Art. 963 Time for close of pleadings. Art. 964 Causes adjourned sine die or otherwise suspended. Art. 965 When cause is deemed deserted. Art. 966 Power of court to enlarge time. Demand for enlargement to be by application. Art. 967 Date on which desertion takes place. Art. 968 Arbitration. Art. 969 Nullity of submission to arbitration. Art. 970 Form of submission. Art. 971 Witnesses to be examined by arbitrators. Art. 972 Persons under tutorship or curatorship may not act as arbitrators. Art. 973 Duration of submission. Art. 974 Submission to state dispute and name of arbitrators. Art. 975 Art. 976 Art. 977 Art. 978 Art. 979 Art. 980 Art. 981 Art. 982 Art. 983 Art. 984 Art. 985 Art. 986 Art. 987 When submission ceases to be operative. Art. 988 Order at sittings. Art. 989 Unseemly behaviour in facie curiae. Art. 990 Punishment of contemner. Art. 991 Punishment for indecent words or gestures or insulting remarks in facie curiae. Art. 992 Where act of contempt constitutes a criminal offence. Art. 993 Where act of contempt is committed by advocate, etc. Art. 994 Use of forbidden expressions etc. Art. 995 Punishment for insults to court officers. Art. 996 Excesses by advocate, etc. Art. 997 Contempt of court proceedings. Art. 998 Warrant of escort or arrest of offender. Art. 999 Place of custody for persons sentenced to detention. Art. 1000 Court may commute or remit punishment. Art. 1001 Fines forfeited to Government. Art. 1002 Pecuniary punishment convertible into detention or imprisonment. Art. 1003 No appeal from sentences for contempt in facie curae. Art. 1003A Registrar shall institute etc. contempt proceedings. Art. 1004 Taxation of judicial costs. Art. 1005 Agent of absent litigant, liable to registry fees and costs. Art. 1006 When registrar may claim registry fees from defendant. Art. 1007 Forms. Art. 1008 Purchase of forms. Art. 1009 Contrary usage to be inoperative. Art. 1009A Procedure by electronic means. Art. 1009B Regulations.

Statutory Text (1,083 Articles)

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Preamble — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

CODE OF ORGANIZATION AND CIVIL PROCEDURE

CHAPTER 12

CODE OF ORGANIZATION AND CIVIL PROCEDURE

To amend and consolidate the Laws of Organization and Civil Procedure. *

1st August, 1855

ORDINANCE IV of 1854 as amended by Ordinances: V, VII and X of 1856, XII of 1857, XI

of 1858, XI of 1859, IV of 1862, III of 1863, V of 1864, IV of 1865, IV of 1868, IX of 1871, VII

of 1876, I, VI and VII of 1880, XV of 1885, IX of 1886, VII of 1892; the Malta (Use of the

English Language in legal proceedings) Order-in-Council, 1899; Ordinances: XV of 1900, VI

and VIII of 1901, II and VIII of 1903, V of 1904, IV of 1905, XV of 1913, I, II and XVII of

1914, II of 1916; Government Notices: No. 340 of 1916, No. 162 of 1917; Ordinance XII of

1918; Government Notices: Nos 136 and 137 of 1919, No. 203 of 1920; Acts: XVI of 1922, IV

and XII of 1924, XIII of 1925, XI, XVI and XX of 1929; Government Notices: Nos. 78 and 475

of 1929; Act XI of 1932; Government Notice No. 105 of 1933; Ordinances: IV, XVI, XIX, XXXI

and XXXIII of 1934; Government Notice No. 393 of 1934; Ordinance XXVIII of 1935;

Government Notice No. 138 of 1935; Ordinances: XXI of 1936, XXXVI of 1938, III and XXIX

of 1939; Government Notice No. 549 of 1939; Ordinances: II and XV of 1940; Government

Notice No. 249 of 1941; Ordinances: XI and XII of 1942; Government Notice No. 653 of 1942.

Incorporating also Ordinance II of 1868 as amended by Ordinance VI of 1895.

The Code was subsequently amended by Government Notice No. 199 of 1944; Ordinance II

of 1947: Acts: LIII and LXII of 1948: Government Notice No. 139 of 1949; Act XXIX of 1952;

Government Notice No. 33 of 1953; Act II of 1954; Ordinances: IV of 1961, XXI and XXV of

1962; Act XXII of 1963; Legal Notice 4 of 1963; Acts: XIII and XV of 1964, XIX and XXXII of

1965; Legal Notice 46 of 1965; Acts: XXXI of 1966, XX of 1968; Legal Notices: 2, 7 and 9 of

1968; Acts: I and XXI of 1969, XXVII of 1970, XXIII and XXX of 1971; Legal Notice 78 of

1971; Acts: XI and XLVI of 1973, V, VII, XXXV and LVIII of 1974, X and XXIV of 1975; Legal

Notices: 148 and 154 of 1975; Acts: XVIII and XXII of 1976, XI and XXVII of 1977, XII of

1978, XXVII of 1979; Legal Notices: 29 and 95 of 1979; Acts: XI, XIV and XXXI of 1980;

Legal Notices: 49, 99 and 102 of 1980; Acts: VIII, XLIX and LII of 1981; Legal Notices: 56

and 96 of 1981; Act XVI of 1982; Legal Notice 42 of 1982; Acts: XIII and XV of 1983, IV and

XI of 1984, XII, XIII and XX of 1985, V and XXXIX of 1986; Legal Notices: 3 of 1986, 1 of

1987, 28 of 1988, 120 of 1989; Acts: VIII of 1990, XVII of 1991; Legal Notice 116 of 1992;

Acts: XXII of 1992, XXI of 1993, XI of 1994 and V of 1995; Legal Notices 91 and 190 of 1995;

Act XXIV of 1995; Legal Notice 18 of 1996; Acts II and IV of 1996; Legal Notices: 121, 122,

124, 153 and 154 of 1996; 149 and 226 of 1997; Acts XI and XVIII of 1999; Legal Notices 1,

142 and 197 of 2000, and 8 and 34 of 2001; Acts: IV and VI of 2001, III, XVIII and XXXI of

2002, and XVII of 2003; Legal Notices 383 of 2003 and 248 of 2004; Acts III, IX, X, XVI and

XVIII of 2004, and XIII and XXII of 2005; Legal Notices 277, 290 and 342 of 2005; Acts I, XI,

XIV and XVI of 2006; Legal Notices 68 and 181 of 2006; Acts VII, VIII and XXXI of 2007;

Legal Notice 407 of 2007; Acts III, XV and XVI of 2008; Legal Notice 36 of 2009; Acts I, XII,

XV and XXIII of 2009; Acts V, VIII and IX of 2010; Legal Notice 447 of 2010; Act VI of 2011;

Legal Notices 371 and 372 of 2011, and 79, 158, 218 and 426 of 2012; Acts II, XVII and XXIV

of 2012, and III, VII and XXIV of 2014; Legal Notices 224 of 2014, and 36 and 69 of 2015;

Acts XIX and XXVI of 2015, IV, XVI, XLV and LII of 2016, VIII of 2017,XV of 2017, XVII of

2017, XXIII of 2017 and Legal Notice 327 of 2017 and Acts I of 2018, XI of 2018 and XXXII of

2018 and XVI and XXXI and XXV and XXVIII of 2019 and XXI, XXVIII,XLI, LIII and LXI of

2020. and V,XIX and XXVII of 2021, XXXII of 2021,XXXVII of 2021, XLIV of 2021, LXII of 2021

and VIII of 2022 , XXIII, XXXV and XXXVII of 2023 and Legal Notices 45 of 2019, 137 of 2020

and 212 and 302 of 2023 and Acts IX and XXXIV of 2025.

*This Code, enacted by Ordinance IV of 1854, was promulgated by Proclamation No. VI of the 1st of May,

1855. CODE OF ORGANIZATION AND CIVIL PROCEDURE

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1 Title. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The title of this Code is Code of Organization and Civil

Procedure.

BOOK FIRST

Title 1

O F THE C OURTS OF J USTICE G ENERALLY

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Schedule A — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(Articles 75, 179, 666, 967 and 1004)

TARIFFS REFERRED TO IN THE CODE OF ORGANIZATION AND

CIVIL PROCEDURE

TARIFF A

Fees payable in respect of the trial of causes in the Registries of the

Superior Courts of Justice and the Courts of Magistrates in Malta

and Gozo excluding the Court of Voluntary Jurisdiction

(a) In actions for personal separation, divorce,

annulment, maintenance, filiation, paternity,

child abduction or custody, relating to the civil

status of a person, relating to human rights or

relating to general elections and in actions of

possession and jactitation suits or concerning

personal injury, claims for the payment of

wages or claims for unjust dismissal from

employment, all the fees provided for in this

Tariff, with the exception of the tariff stated in

paragraph 3 shall be rebated by .........................

50%

Provided that in the case of actions for the

correction or cancellation of registrations on

the basis of article 253 of Cap. 16 …….........

€20

(b) The same shall apply with regard to the

execution of a promise of sale or of a

promise of transfer both of movable and

immovable property.

(c) No fees shall be due for any act filed by a

curator ex officio acting in that capacity,

subject to a refund by plaintiff at the

termination of proceedings.

2 (1) For the filing of any petition, sworn application

or other act of procedure containing a claim which

initiates a contentious procedure in a Court of First

Instance and requiring the decision of a Judge or

Magistrate as well as for any reply, answer or other

act of procedure in reply thereto and intended to

contest, whether totally or partially, the claim made .

€120

CODE OF ORGANIZATION AND CIVIL PROCEDURE

Provided that the above fee shall include the filing

of all other acts of procedure and court services

(including but not limited to filing of warrants for

the examination of witnesses, the examination itself,

recording fees, transcriptions and copies, the

services of judicial assistants, the transmission of the

records of causes, taxed bill of costs and copies of

the judgement) required following the initiation of

the cause through the said act up to and including

final judgement but excluding any fees due for the

notification of acts and fees due to referees or

experts appointed by the Court or any fees which the

Court may be required to pay to third parties.

(2) For the filing of any petition, sworn application

or other legal act initiating a contentious procedure

in a Court of Appeal and requiring the decision of a

Judge as well as for any reply, answer or other act of

procedure in reply thereto and intended to contest,

whether totally or partially, the appeal ......................

€200

Provided that in respect of an answer to an appeal

which does not contain a cross appeal, there shall

be paid a fee of ...............

€80

Provided that no fee shall be payable under this

paragraph for any appeal filed in terms of any other

law which already provides a fee to be paid for such

an appeal

Provided further that the above fees shall include the

filing of all other acts of procedure and court

services (including but not limited to the filing of

warrants for the examination of witnesses, the

examination itself, recording fees, transcriptions and

copies, the services of judicial assistants, the

transmission of the records of causes, taxed bill of

costs and copies of the judgement) required

following the initiation of the appeal through the

said act up to and including final judgement but

excluding any fees due for the notification of acts

and any fees due to referees or experts appointed by

the Court or any fees which the Court may be

required to pay to third parties.

(3) No fee shall be levied under this paragraph for

the filing of any note of admission of a claim

provided that the claim is admitted in full and

unconditionally before any contestation thereon.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

3 (1) In addition to the fees stated in paragraph 2, on

the filing any petition, application, or other act of

procedure containing a claim which initiates a

contentious procedure in a Court of First Instance

and requiring the decision of a Judge or Magistrate

and when the registry fee is assessable on a

determinate value or on a value which may be

determined according to law or from the act itself,

the following fees shall also be due

(a) up to €7,000 per €100 or part thereof ................

€3.90

(b) in respect of any value in excess of €7,000 up

to €10,000, per €100 or part thereof ..................

€2.75

(c) in respect of any value in excess of €10,000 up

to €25,000 per €100 or part thereof ...................

€2.50

(d) in respect of any value in excess of €25,000 up

to €100,000 per €100 or part thereof ...............

€1.90

(e) in respect of any value in excess of €100,000

up to €200,000, per €100 or part thereof ...........

€1.20

(f)

in respect of any value in excess of €200,000,

per €100 or part thereof ....................................

€0.90

Provided that the fees established in sub-paragraphs

(a) to (f) of this paragraph shall be inclusive of any

declaration, which may be necessary, and of any

decree given in a cause up to final judgement.

(2) (a) In addition to the fees stated in paragraph 1, on

the filing of a statement of defence, answer or

other act of procedure filed in reply to a claim

and intended to contest, whether totally or

partially, a claim made in a Court of First

Instance, the fees stated in sub-paragraph (1) of

this paragraph shall also be due but shall be

rebated by .........................................................

50%

(b) The amount to be paid in accordance with sub-

paragraph (a) of this paragraph is to be paid not

later than the day preceding the day of the first

court sitting in the case, and in the event that

such payment is not effected, such act of

procedure shall be deemed not to have been

done.

(c) In computing such amount, the Registrar shall,

together with the notified act concerning which

the act is done, inform such person of the

amount to be paid and by which date.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(d) In the case of special summary proceedings or

proceedings in the Court of Magistrates or any

other proceedings where the act of procedure is

filed in the Court and not in the registry, the

fees due shall be paid not later than the day

preceding the day of the sitting following the

filing of the act, and if such payment is not

effected, such act of procedure shall be deemed

not to have been done.

(e) The provisions of sub-paragraph (c) shall not

apply in the eventualities provided for in sub-

paragraph (d).

(3) Any counter-claim contained in any act of

procedure stated in sub-paragraphs (1) or (2) of this

paragraph shall be treated as if it is a new claim and

the fees set out in sub-paragraphs (1) and (2) of this

paragraph shall be levied on the counter claim and

the reply thereto.

(4) In actions for personal separation, divorce,

annulment, maintenance, filiation, paternity, child

abduction or custody, relating to the civil status of a

person, relating to human rights or relating to

general elections and in actions of possession and

jactitation suits or concerning personal injury,

claims for the payment of wages or claims for unjust

dismissal from employment, causes respecting the

execution of a promise of sale or of a promise of

transfer both of movable and immovable property,

causes of spoliation requesting that works be carried

out under the supervision of the Court, the fees

stated in this paragraph shall not apply but there

shall be levied a one time fee of ................................

€100

(5) The fees established in sub-paragraph (1) of

this paragraph shall be raised by one-third on appeal,

but no fee shall be due in terms of sub-paragraph (2)

of this paragraph.

(6) No fee shall be payable under this paragraph for

any appeal filed in terms of any other law which

already provides a fee to be paid for such an appeal.

(7) In the case of appeals filed in terms of any other

law for which no fee is established in terms of that

law, including appeals filed in terms of articles 41

and 75 of the Environment and Development

Planning Act (Cap. 504), the fees established in

terms of this paragraph shall not be due but there

shall be levied a one-time fee of ................................

€120

CODE OF ORGANIZATION AND CIVIL PROCEDURE

4 (1) When the value of a claim is uncertain or

indeterminate and the fees stated in paragraph 3

cannot be applied, the value of the claim shall be

assessed in accordance with the following rules

(a) In actions brought by the Government or by

any Authority or Public Corporation where the

claim is for the recovery of a penalty which has

both a minimum and a maximum fixed by law,

the value to be assessed shall be the maximum

amount of the penalty fixed by law.

(b) In actions concerning the partition of property

whether inter vivos or causa mortis and

independently of whether the actual partition is

requested or not, and in actions concerning

succession, the claimant may, together with his

claim, submit a list of the property the partition

of which is being requested or which is

involved in the succession together with a

declaration, signed and attested to on oath by a

perit in the case of immovables and by a

competent valuer in the case of movables,

certifying the valuation of such property, and

the value shall be assessed on the total sum

shown on such valuation

Provided that in no case shall the fee taxed be

less than ............................................................

€700

(c) In actions concerning the payment of annuities,

allowances and the like the fee taxed shall be ...

€700

(d) In actions relating to the ranking of creditors,

bankruptcy proceedings or any other

adjudication upon competing claims the

claimant shall together with his claim submit a

valuation by a certified accountant of the assets

and liabilities being the subject of the claim

and the value to be assessed shall be the higher

sum between the assets and liabilities

Provided that in no case shall the fee taxed be

less than ...........................................................

€700

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(e) In causes concerning a claim that the Court

declares that plaintiff has a right to any

property or on any property against another

person, the claimant shall submit a sworn

statement approximately attesting to the

amount he considers claiming should his

right thereto be established and the value on

which the fee shall be taxed shall be such

value as is declared by plaintiff

Provided that in no case shall the fee to be

taxed be less than .........................................

€250

(f)

In causes where the claim is for the Court to

declare the existence of a right of the claimant

against any other person which right may

reasonably be inferred to be followed by a

liquidation of the amount due, even if such

liquidation is not requested in the claim, the

claimant shall be obliged together with his

claim to submit a sworn declaration stating the

approximate sum which he believes he could

claim if his right is established, and the value to

be assessed shall be the value declared by the

claimant

Provided that in no case shall the fee taxed be

less than ............................................................

€700

(2) Where, notwithstanding the rules contained in

sub-paragraph (1) of this paragraph, the value is still

uncertain or indeterminate, the fee taxed shall not be

less than ....................................................................

€700

(3) Notwithstanding the provisions of this

paragraph, if, following definitive judgement, the

Court will have declared or liquidated an amount as

the value of the cause and that value is determinate

or shall be determined according to law and the fees

due on such value are higher than the amount paid as

registry fees, the Registrar of Courts may demand

the difference from the party filing the cause; and if

at the end of proceedings the value shall still be

undeclared or undetermined by the parties or by

the said Court, the fees shall be established

according to the minimum to which there shall be

added €600, saving the right which the registrar

has of taxing an additional fee if and when the

case may arise.

(4) Any action requesting the nullity of the issue

of a precautionary or executive warrant or

requesting the issue of a counter-warrant shall,

independently of the act used to initiate the action,

be taxed as if it were an application for the issue of a

counter-warrant.

(5) Action for a declaration on point of law or of

fact, the taxed fee shall be .........................................

€650

(6) (a) Notwithstanding the provisions of paragraphs 3 and 4

and in addition to the fees mentioned in paragraph 2, for the

cases instituted according to the Consumer Affairs Act and

regulations made thereunder, the Competition Act and the

Control of Concentrations Regulations, the taxed fee shall be

that of six-hundred and fifty euro (€650).

(b) In the case of appeals from judgements delivered

according to the Consumer Affairs Act and regulations made

thereunder, the Competition Act and the Control of

Concentrations Regulations, sub-paragraph (7) of paragraph 3

shall apply mutatis mutandis.

5 (1) In cases of compromise or discontinuance of

any cause in a Court of First Instance

after contestation of the claim but before the

first hearing of the cause, all fees paid in terms

of paragraph 3 or 4 will be rebated by ...............

75%

following the first hearing of the cause but not

later than the third sitting thereof, all fees paid

in terms of paragraph 3 or 4 will be rebated by .

50%

following the third hearing of the cause but

before the cause has been put off for

judgement, all fees paid in terms of paragraphs

3 and 4 will be rebated by .................................

25%

(2) In cases of compromise or discontinuance of a

cause in a Court of Appeal the rebates established in

the previous sub-paragraph of this paragraph shall

be applied as well but limited only to the fees paid

relative to the appeals procedure.

(3) The fees stated in paragraphs 2 to 4 of this

Tariff shall also be due on the filing of any

application to a Court to be permitted to file any

statement of defence, answer or other act of

procedure filed in reply to a claim and intended to

contest, whether totally or partially, a claim made in

a Court of First Instance or in a Court of Appeal

provided that in the event of a judgement of non-suit

all fees paid in terms of paragraphs 2 to 4 shall be

rebated by .................................................................

50%

CODE OF ORGANIZATION AND CIVIL PROCEDURE

6 (1) For every notification of an act of procedure,

including expenses incurred in the execution of such

notification, the following fees shall be due

(i)

registry fee ..........................................

€6.00

(ii) fee due to the executive officer

effecting the service ............................

€1.20

Provided that if service is to be effected outside

normal working hours, the fees contained in this

paragraph shall be increased by 100%; and if such

notification is made to the party’s legal consultant

within the Court building, the fee due shall be two

euro thirty-three cents (€2.33) for the full service.

(2) Notwithstanding anything contained in this

Tariff, if the notification of any act is to be executed

personally by an executive officer of the Court, in

cases where the law permits that service be effected

otherwise, the following additional fees shall be due

for each notification

(i)

registry fee ..........................................

€25

(ii) fee due to the executive officer

€7

effecting the service

(3) The fees established in sub-paragraph (2) shall

not apply when service is to be effected personally

by an executive officer of the Court in terms of any

law, and in such cases the fees established in sub-

paragraph (1) of this paragraph shall apply.

7 For any other act of procedure indicated in the Code

of Organization and Civil Procedure but for which

no fee is established in these Tariffs .........................

€20

8 For the opening of the registry outside working

hours

(i)

registry fee ..........................................

€120

(ii) fee due to attending deputy registrar ...

€50

(iii) fee due to each executive officer

required to effect service .....................

€35

CODE OF ORGANIZATION AND CIVIL PROCEDURE

Provided that when the Superintendent

of Public Health orders the closure of

the court in terms of the Public Health

Act, the fees established in this item

shall not apply to actions mentioned in

items 1 (a) and (c) of this Tariff; with

the exception of actions relating to the

civil status of a person, relating to

human rights or relating to general

elections and of actions of possession

and jactitation suits or concerning

personal injury, claims for the

payment of wages or claims for unjust

dismissal from employment; in the

event that the opening of the registry is

requested on any working day during

the opening hours established by law.

8A There shall be charged by the Registrar of Courts, in

respect of the publication of a court notice in the

Gazette, irrespective of the length of such notice, a

fee of four euro and sixty-six cents (€4.66).

9 (1) Unless otherwise stated, all fees due shall be

paid together with the filing of the relative act and

the Registrar shall not accept for filing any act of

procedure which is not accompanied by the relative

fee.

(2) The assessment of the Registrar on the amount

of fees to be paid shall be final.

(3) In assessing the fees laid down in this Tariff no

account shall be taken of any fraction of €1.

10 (1) The Court may, when delivering judgement,

order that the plaintiff or defendant in a cause pay

increased costs to the Registrar of Courts of not less

than €500 and not more than €3,000 if the Court

deems that the act of procedure initiating the claim

or the act of procedure in reply was frivolous or

vexatious or that either of the parties has

unnecessarily prolonged the proceedings and in such

case such sum will not be recoverable from the other

party.

(2) The Court may, when delivering judgement,

also refer to the Commission for the Administration

of Justice the advocate of the plaintiff or of the

defendant if the Court deems that the advocate is

responsible, wholly or partly, for the frivolous or

vexatious act of procedure or for prolonging the

proceedings.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

11 (1) The Registrar shall cause a taxed bill of costs

to be kept in the file of each cause and shall

immediately enter therein all payments made to the

Registrar and all payments due to the advocates and

legal procurators of the parties and the parties, their

advocates and legal procurators shall have the right

to a copy thereof at any time.

(2) Within one month of the delivery of the

definitive judgement, the Registrar shall cause a

final taxed bill of costs to be drawn up and a copy

thereof shall be sent to the parties and their

advocates and legal procurators.

(3) For filing any application requesting a new

taxing of fees or the approval of an itemization of

expenses made under this item there shall be paid

a fee of ................................................................

€50

12 With respect to causes which have been presented

prior to the coming into force of this Tariff the

Registrar shall, on the conclusion of that cause or on

the compromise or discontinuance thereof, tax the

fees due on the basis of this Tariff deducting

therefrom any sums paid to date and any difference

in favour of the Registrar shall be due by the party

established in this Tariff

Provided that this paragraph shall not apply to

any cause -

(i) which, on the day of the coming into force

of this Tariff, is put off for judgement;

(ii) which, following the coming into force of

t h i s Ta r i ff b u t n o t l a t e r t h a n t h e 3 0 t h

September 2015, is unconditionally

compromised or unconditionally

discontinued

Provided further that any agreement registered in

the records of the cause stating that the parties

have agreed to discontinue the cause and refer it

to the binding decision of the Malta Arbitration

Centre shall, for the purpose of this paragraph, be

tr e a t e d a s a n u n c o n d i t i o n a l c o m p r o m i s e o r

discontinuance

Provided further that any person acting as

mandatory of another person in a cause shall, if

he renounces his mandate not later than the 30th

April, 2015, be liable for fees calculated in

accordance with this Tariff as in force on the 31st

December, 2014.

TARIFF B

Fees payable in respect of Judicial Acts and Services not connected

with the trial of causes in the Registries of the Superior Courts of

Justice and the Courts of Magistrates in Malta and Gozo excluding

the Court of Voluntary Jurisdiction

€

For the filing of any judicial letter or judicial protest

but excluding fees due for any notification required .....

€15

Provided that when the judicial letter is required in

terms of articles 166A and 253(b) and (e) of Cap. 12

€30

For every certificate required to be issued by the

Registrar ........................................................................

€20

For legalising any note required to be registered in the

Public Registry ..............................................................

€25

For the affixing of any seal of the Court where this is

prescribed by law or by the Court ..................................

€20

Provided that no fee shall be due when such seal is

required on any judicial act.

For every copy, authenticated or otherwise, for each

page ...............................................................................

€0.35

Provided that no fee shall be due when the copies are

provided by the person filing the original act or when

copies are requested of a court order.

For every translation required by law or by the Court

registry fee ..............................................................

€40

fee due to the translator or interpreter .....................

from €10 to

€100

For every search in the archives of the Court, per

individual cause .............................................................

€5

and for any copy thereof, whether authenticated or not,

per page .........................................................................

€0.35

For the administration of an affidavit not in connection

with court proceedings ..................................................

€7

For the lodgement of any monies in Court, for any

schedule of set-off or redemption, a fee equal to ...........

2%

of the money to be deposited, to be set-off or redeemed

shall be levied but such fee shall not include the

notification of such schedule on third parties indicated

in the schedule and provided further that in no case

shall such fee be less than ..............................................

€25

Provided that when such lodgement or schedule is

required by law, a fee of €25 shall be paid in lieu of

the fee of 2%.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

10 For the lodgement in Court of any object not being

monies excluding the service of such schedule on third

parties indicated in the schedule ....................................

€50

11 For the searching for and inspection of any application

for the withdrawal of any monies or things deposited in

Court but not including the notification of such

application on third parties indicated in the application

and for any reply thereto ................................................

€20

12 For the opening of the registry outside working hours

(i) registry fee ...................................................

€120

(ii) fee due to attending deputy registrar ...........

€50

(iii) fee due to each executive officer required

to effect service .................................................

€35

Provided that when the Superintendent of

Public Health orders the closure of the court

in terms of the Public Health Act, the fees

established in this item shall not apply to

actions mentioned in items 16 (a) and (c) of

this Tariff; with the exception of actions

relating to the civil status of a person, relating

to human rights or relating to general

elections and of actions of possession and

jactitation suits or concerning personal injury,

claims for the payment of wages or claims for

unjust dismissal from employment; in the

event that the opening of the registry is

requested on any working day during the

opening hours established by law.

13 (1) For every notification of an act of procedure,

including expenses incurred in the execution of such

notification, the following fees shall be due

(i) registry fee ...................................................

€6

(ii) fee due to the executive officer effecting

the service .........................................................

€1.20

Provided that if service is to be effected outside

normal working hours, the fees contained in this

paragraph shall be increased by 100%; and if the

notification has to be made to the legal consultant

of the party, the fee due shall be two euro thirty-

three cents (€1) for the full service.

(2) Notwithstanding anything contained in this Tariff if

the notification of any act is to be executed personally

by an executive officer of the Court, in cases where the

law permits that service be effected otherwise, the

following additional fees shall be due for each

notification

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(i) registry fee ...................................................

€25

(ii) fee due to the executive officer effecting

the service .........................................................

€7

(3)The fees established in sub-paragraph (2) shall not

apply when service is to be effected personally by an

executive officer of the Court in terms of any law, and

in such cases the fees established in sub-paragraph (1)

of this paragraph shall apply.

14 For any other act of procedure indicated in the Code of

Organization and Civil Procedure but for which no fee

is established in these Tariffs ........................................

€30

15 (1) All fees due shall be paid together with the filing of

the relative act and the Registrar shall not accept for

filing any act of procedure which is not accompanied

by the relative fee.

(2) The assessment of the Registrar on the amount of

fees to be paid shall be final.

(3) In assessing the fees laid down in this Tariff no

account shall be taken of any fraction of €1.

16 (a) In actions for personal separation, divorce,

annulment, maintenance, filiation, paternity, child

abduction or custody, relating to the civil status of

a person, relating to human rights or relating to

general elections and in actions of possession and

jactitation suits or concerning personal injury,

claims for the payment of wages or claims for

unjust dismissal from employment, all the fees

provided for in this Tariff shall be rebated by .........

50%

The same shall apply in actions relating to the

execution of a promise of sale or of a promise of

transfer both of movable or immovable property.

(b) No fees shall be due for any act filed by a curator

ex officio acting in that capacity.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

TARIFF C

Amended by

IV.1862.21;

G.N. 162 of 1917;

Fees payable in respect of Acts filed in the Court of Voluntary

G.N. 549 of 1939.

Jurisdiction

Substituted by

L.N. 102 of 1980.

Amended by

For every application filed and for every

XIII.1983.4.

answer thereto, not being an application or

Substituted by

L.N. 142 of 2000.

answer indicated in any of the following

Amended by

paragraphs of this Tariff ...................................

€15

L.N. 197 of 2000;

L.N. 8 of 2001.

Provided that the above fee shall include the

Substituted by

L.N. 407 of 2007;

filing of all other acts of procedure and court

L.N. 36 of 2015.

services (including but not limited to the filing

of all procedural acts, examination of

witnesses, preparation and publication of

notices, banns and edicts, copies of decrees,

taxation of fees and the like) required following

the initiation of proceedings through the said

application up to and including the final decree

but excluding any fees due to referees or

experts appointed by the Court or any fees

which the Court may be required to pay to third

parties.

For the presentation of every secret will ...........

€50

For any obligation entered in the records of the

Court

(i)

if the value of the estate does not

exceed €5,000 ..................................

€50

(ii) if the value of the estate does not

exceed €20,000 ................................

€80

(iii) if the value of the estate does not

exceed € 100,000 .............................

€200

(iv) if the value of the estate exceeds

€300

€100,000 .........................................

For every report on a reference as to the

taxation of fees

(i)

registry fee ......................................

€50

(ii) fee due to the referee appointed by

the Court ..........................................

€120

Provided that the Court may order that a higher

fee be paid to the referee appointed by the

Court if it deems that the work involved so

warrants.

For the examination of accounts

(i)

registry fee ......................................

€70

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(ii) fee due to the expert appointed by

the Court .................................................

€250

Provided that the Court may order that a higher

fee be paid to the expert appointed by the Court

if it deems that the work involved so warrants.

For every curatorship in cases of discharge or

in connection with edicts

(i)

registry fee ......................................

€20

(ii) fee due to the curator appointed by

the Court .................................................

€50

Provided that the Court may order that a higher

fee be paid to the curator appointed by the

Court if it deems that the work involved so

warrants.

For the opening of the registry outside working

hours

(i)

registry fee ......................................

€60

(ii) fee due to attending deputy registrar

€25

(iii) fee due to each executive officer

required to effect service .................

€15

(1) The fees stated in paragraphs 1 to 5 of this

Tariff are inclusive of the filing of any

subsequent act of procedure, transport expenses

for court executive officers, the filing of

valuations or reports by Court appointed

experts, the publication of banns and notices in

the Government Gazette and any other court

service in connection thereto and which is not

specifically excluded by this Tariff.

(2) The fees stated in paragraphs 1 to 5 of this

Tariff do not include fees and expenses due to

Court appointed experts and to third parties,

which fees and expenses shall be taxed

separately.

For any other service or act of procedure

indicated in the Code of Organization and Civil

Procedure but for which no fee is established in

these Tariffs ......................................................

€15

Provided that fees for services or acts not

specifically provided for in this Tariff but

provided for in other Tariffs shall be taxed

according to those Tariffs but rebated by ..........

75%

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(1) For every notification of an act of

procedure, including expenses incurred in the

execution of such notification, the following

fees shall be due

(i)

registry fee ......................................

€2.50

(ii) fee due to the executive officer

effecting service ..............................

€0.60

(2) Notwithstanding anything contained in

this Tariff, if the notification is to be executed

personally by an executive officer of the Court

in cases where the law permits that service be

effected otherwise, the following fees shall be

due for each notification

(i)

registry fee ......................................

€25

(ii) fee due to the executive officer

effecting the service ........................

€5

(3) The fees established in sub-paragraph (2)

shall not apply when service is to be effected

personally by an executive officer of the Court

in terms of any law, and in such cases the fees

established in sub-paragraph (1) of this

paragraph shall apply.

(4) In the case of circular letters requested by

50%

law the above fees shall be reduced by ..............

(1) All fees due shall be paid together with the

filing of the relative act and the Registrar shall

not accept for filing any act of procedure which

is not accompanied by the relative fee.

(2) The assessment of the Registrar on the

amount of fees to be paid shall be final.

(3) In assessing the fees laid down in this

Tariff no account shall be taken of any fraction

of €1.

No fees shall be due under this Tariff for any

act filed by a curator or by a voluntary

organization, enrolled in the Register of

Voluntary Organisations under the Voluntary

Organisations Act, upon the filing of an

application under the Protection of Minors

(Registration) Act.

TARIFF D

Fees payable in respect of Precautionary and Executive Acts and

Judicial Sales by Auction in the Registries of the Superior Courts

of Justice and the Courts of Magistrates in Malta and Gozo

excluding the Court of Voluntary Jurisdiction

€

For the filing of a warrant of prohibitory injunction

(i)

registry fee ..............................................

€150

(ii) fee due to the executive officer required

€7

to effect service, for each notification .....

For the filing of a warrant of impediment of departure

for children

€60

fee due to the executive officer required to

effect service, for each notification ................

€7

For the filing of any other warrant

(i)

registry fee ..............................................

€50

(ii) fee due to the executive officer required

to effect service, for each notification .....

€7

For the filing of any counter-warrant

(i)

registry fee ..............................................

€20

(ii) fee due to the executive officer required

to effect service, for each notification .....

€7

(1) (a)

For the filing of any application for a judicial

sale by auction of immovable property

including an application to re-appoint a

judicial sale by auction which has been

suspended

(i)

registry fee ..............................................

€200

(ii) fee due to the executive officer required

to effect service, for each notification .....

€7

(b)

For filing any application for a judicial sale

by auction of movable property, including

an application for the re-appointment of a

judicial sale by auction which had been

suspended

(i)

registry fee ..............................................

€65

(ii) fee due to the executive officer required

to execute the notification, for each

notification .............................................

€7

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(c)

No fee shall be levied for the suspension of a

judicial sale by auction or for the re-

appointment of a judicial sale by auction, the

suspension of which was due to any

notification required by law not having been

effected or which has been suspended by the

court following the request of the debtor.

(2) The fees due in accordance with sub-paragraph

(1) shall include all services, fees and expenses

required up to the sale itself, except for fees due for the

service of any judicial act, which fees shall be taxed

separately.

(3) For the storage in Government property of any

movable to be sold by auction, per day .........................

€30

Provided that the applicant shall, together with the

filing of the application for the judicial sale by auction,

deposit a sum equivalent to seven days’ storage which

sum shall be adjusted following the adjudication of the

sale or on its suspension.

(4) For the adjudication of any movable or immovable

following a judicial sale by auction, for every €100 ......

1%

Provided that in no case shall the fee levied be less than

€120

Provided further that when a licensed auctioneer or

broker performs the auction, such licensed auctioneer

or broker shall be paid the following fees

(a) in the case of an auction

of immovable property,

of rights annexed to such

immovable property, of ships

and of commercial going concerns ..............

zero point two per cent of the price

of the item sold, solely from the

applicant on whose demand the

judicial sale is made; and

(b) in the case of an auction of

movable items .................

zero point one per cent

of the price of the item

sold, solely from the

applicant on whose

demand the judicial sale

is made

CODE OF ORGANIZATION AND CIVIL PROCEDURE

Provided further that the parties may, in writing, agree

that the licensed auctioneer or broker, as the case may

be, be paid different fees, not being less than those

provided for in paragraphs (a) and (b), and in such

proportions as they may so agree in writing.

For the opening of the registry outside working hours

(i)

registry fee ..............................................

€120

(ii) fee due to attending deputy registrar .......

€50

(iii) fee due to each executive officer required

to effect service .......................................

€35

Provided that when the Superintendent

of Public Health orders the closure of the

court in terms of the Public Health Act,

the fees established in this item shall not

apply to actions mentioned in items 11

(a) and (c) of this Tariff; with the

exception of actions relating to the civil

status of a person, relating to human

rights or relating to general elections and

of actions of possession and jactitation

suits or concerning personal injury,

claims for the payment of wages or

claims for unjust dismissal from

employment; in the event that the

opening of the registry is requested on

any working day during the opening

hours established by law.

(1) Subject to sub-paragraph (2) of this paragraph, the

fees stated in paragraphs 1 to 4 of this Tariff are

inclusive of all expenses and services required in

connection with the execution of the relative act of

procedure, any police assistance which the executive

officer may require in executing the act, the filing of

valuations or reports by Court appointed experts and

the publication of banns and notices in the Gazette.

(2) The fees stated in paragraphs 1 to 4 of this Tariff

do not include fees and expenses due to Court

appointed experts and to third parties which fees and

expenses shall be taxed separately.

For any other act of procedure indicated in the Code of

Organization and Civil Procedure but for which no fee

is established in these Tariffs .......................................

€20

CODE OF ORGANIZATION AND CIVIL PROCEDURE

For every notification, not previously mentioned in this

Tariff, of an act of procedure, including expenses

incurred in the execution of such notification, the

following fees shall be due

(i)

registry fee ..............................................

€7

(ii) fee due to the executive officer effecting

the service ...............................................

€2.35

Provided that if service is to be effected outside normal

working hours, the fees contained in this paragraph

shall be increased by 100%.

10 Notwithstanding anything contained in this Tariff if the

notification is to be executed personally by an

executive officer of the Court in cases where the law

permits that notification be effected otherwise, the

following fees shall be due, for each notification

(i)

registry fee ..............................................

€25

(ii) fee due to the executive officer effecting

the service ......................................................

€7

11 (a) In actions for personal separation, divorce,

annulment, maintenance, filiation, paternity, child

abduction or custody, relating to the civil status of a

person, relating to human rights or relating to

general elections and in actions of spoliation or

concerning personal injury, claims for the payment

of wages or claims for unjust dismissal from

employment, actions of possession and jactitation

suits and actions in respect of the execution of a

promise of sale or of a promise of a transfer both

of movable or immovable property, all the fees

provided for in this Tariff shall be rebated by .........

50%

(b) No fees shall be due for any act filed by a curator

ex officio acting in that capacity.

11A For the filing of any warrant issued for the purpose

of enforcing a decision of the Consumer Claims

Tribunal, all the fees provided for in this Tariff shall

be rebated by ...........................................................

50%

12 (1) All fees due shall be paid together with the filing

of the relative act and the Registrar shall not accept for

filing any act of procedure which is not accompanied

by the relative fee.

(2) The assessment of the Registrar on the amount of

fees to be paid shall be final.

(3) In assessing the fees laid down in this Tariff no

account shall be taken of any fraction of €1.

(4) For filing any application requesting a new

taxing of fees or the approval of an itemization of

expenses made under this article there shall be paid a

fee of ....................................................................... €50 ".

13. Fees for the approval by the Court of sales in accordance

with Sub-Title V of Title VII of Part I of Book Second (Of Court

Approved Sales of Ships, Vessels and Aircraft) - there shall be paid

a registry fee, calculated on the sale value of the asset being sold

On the first Euro 1,000,000

1%

From Euro 1,000,001 to Euro 5,000,000

0.5%

From Euro 5,000,001 to Euro 10,000,000

0.1%

Above Euro 10,000,000

0.01%

TARIFF E

Fees payable to Advocates, Legal Procurators

and Official Curators

€

1. (a) For each note of acceptance of banns and for

each protest against the sufficiency of a bail for

costs, even if such protest is not filed separately .......

11.65

(b) For each note required to be filed under the

provisions of the Commercial Code ..........................

11.65

(c) For every note of submission filed in any court,

..................................................................... from

46.59

to

232.94

2. (a) For each application for summoning of

witnesses ..................................................................

( b ) For each first application for sale of

immovables (including research in the Public

Registry, the ordering of certificates of hypothec, and

perusal of relative deeds ........................... from

23.29

to

69.88

(c) For any other application .................... from

11.65

to

58.23

(d) For any application filed after office hours or

on a Sunday or public holiday, there shall be taxed an

additional fee of .......................................................

58.23

3. F or each application filed in the Court of

Voluntary Jurisdiction

(i) if it concerns the admission of

minors to an industrial school or

to an approved school ..................

6.99

CODE OF ORGANIZATION AND CIVIL PROCEDURE

€

(ii) if it concerns the candidature in a

marriage legacy or the renewal of

an authorisation previously given,

or the taxing of fees .....................

11.65

(iii) in all other cases (including notes

of acceptance or waiver of an

inheritance) .................................

23.29

Provided that an additional fee shall be taxed

when the drawing up of the application, and/or the

preparation and/or the filing of the relative

documents, entails more work than is ordinarily

required.

4. For each attendance during sittings before the

Court of Voluntary Jurisdiction ................................

23.29

5. (a) For each lodgment schedule, even if such

lodgment is made with or following a schedule of

redemption

(i) when the value does not exceed

€465.87 ......................................

11.65

(ii) when the value exceeds €465.87

the fee shall be increased by one

per centum (1%) for every

additional €100 or part thereof;

(b) For each schedule of set-off or redemption

(i) when the value does not exceed

€465.87 .......................................

11.65

(ii) when the value exceeds €465.87

the fee shall be increased by one

per centum (1%) for every

additional €100 or part thereof.

These fees are inclusive of advice concerning the

right to claim set-off or exercise redemption.

6. (a) For the drafting of a judicial letter, whether

filed or not ...............................................................

23.29

(b) For the drafting of a judicial protest, whether

filed or not ...............................................................

23.29

(c) For the drafting of an affidavit .............. from

4.66

to

34.94

Provided that any judicial letter filed under articles

166A and 253(b) and (e) of Chapter 12 where such

judicial letter becomes an executive title, the fee

shall be 40% of the amount fixed in article 13,

however where a note of admission of the claim is

filed such fee shall be reduced to 30%.

7. For the drafting of each hypothecary protest

23.29

CODE OF ORGANIZATION AND CIVIL PROCEDURE

€

Provi ded th at a f ee sh al l be assessed for the

perusal of entries of hypothec and of relative deeds,

taking into consideration the number of entries and

deeds perused, their importance and/or the amount

involved ........................................................... from

23.29

to

69.88

8. For every attendance, before a referee or before

a judicial assistant and for every attendance at an

inspection in faciem loci, whether ordered by the

court or required by the client

(i) if the attendance does not last

more than one hour and a half ......

23.29

(ii) if it lasts more than one hour and a

half, and provided this circumst-

ance is expressly noted in a

procès-verbal signed by the

referee, the judicial assistant or

the deputy registrar, as the case

may be, the fee shall be increased

by €23.29 in respect of each

additional hour or part thereof.

9. When the attendance referred to at paragraph 8

takes place outside Valletta, the fee shall be ..............

27.95

10. If the attendance referred to in the last

preceding paragraph lasts more than one hour and a

half, and provided this circumstance is expressly

noted in a procès-verbal signed by the referee the

judicial assistant or the deputy registrar, as the case

may be, the fee shall be increased by €23.29 in

respect of each additional hour or part thereof.

11. (1) For drafting or perusal of a deed for

publication by a notary public, which includes fees

due for advice, research into liabilities and transfers,

tracing of root of immovables, and attendance at

publication

if the value of the interest concerned -

(i) does not exceed €465.87 ........

from

11.65

to

23.29

(ii) exceeds €465.87 but does not

exceed €6,988.12 per €100 or part

thereof .................................

4.66

(iii) exceeds €6,988.12 but does not

exceed €58,234.33 per €100 or

part thereof in respect of such

excess ..........................................

2.33

CODE OF ORGANIZATION AND CIVIL PROCEDURE

€

(2) When, in connection with the drafting or

perusal of a deed to be published by a notary public,

an advocate does not perform all the services referred

to in sub-paragraph (1) of this paragraph, the fee

therein established shall be assessed in proportion to

the services performed unless the advocate assumes

the professional responsibility for the deed, in which

case the fee established in that sub-paragraph shall

be due.

(3) If the value of the interest concerned exceeds

€58,234.33 or if the value of the interest concerned is

not expressed in money there shall be no Tariff.

12. To curators appointed to attend at publication

of a deed on behalf of absentees or defaulters for

attendance and for perusal of the deed, and to any

person who in virtue of a right vested in him by the

court in terms of the Merchant Shipping Act,

transfers any ship or share therein .................... from

69.88

to

582.34

13. For each definitive judgment

(i) in respect of the first €1,164.69 or

46.59

part thereof .................................. minimum of

10%

whichever

is the

greater

(ii) in respect of any value in excess of

the first €1,164.69 up to

€23,293.73 per €232.94 ..............

6.99

(iii) in respect of any value in excess

of €23,293.73 per €232.94 ..........

2.33

Provided that in respect to the claims referred to

in No. 7 (b) of Tariff A, the fee shall be taxed on one-

half of the maximum fixed by law for the penalty

contemplated therein.

14. When a declaration containing a decision of

any point of law or of fact concerns a value

determinate or determinable according to law or from

the records of the proceedings, the fee in respect of

that decision shall be taxed in accordance with

paragraph 13, on the value so determined.

15. ( a ) For any other necessary declaration

containing the decision of any point of law or of fact

..........................................................................from

23.29

to

232.94

CODE OF ORGANIZATION AND CIVIL PROCEDURE

€

(b) For each definitive judgement in a cause for a

remedy under Chapter IV of the Constitution or

under Chapter 319 or where the annulment of an

administrative act is demanded in terms of

contestation of article 469A of Chapter 12, or for the

contestation of a claim in terms of article 466 of

Chapter 12, or for the contestation of a seizure under

Chapter 37, or for the payment or refund of a tax,

levy, or duty or for appeals filed in terms of articles

41 and 75 of the Environment and Development

Planning Act (Cap. 504) ................................... from

46.59

to

698.81

1 6 . I n c a u s e s f o r t h e p a r t i t i o n o f p r o p e r t y,

independently of the number of demands contained

in the application there shall be taxed only one fee ad

valorem as in paragraph 13 on the greater sum

between the assets and the liabilities of the property

to be divided - provided that in causes of partition of

property causa mortis such fee shall be taxed on the

value established as above of each particular estate to

be divided between the parties, saving that such fee

shall in no case be less than ......................................

116.47

17. In causes for the partition of property where

the partition of all property involved cannot be

carried out except by way of licitation, provided that

such a demand is made in the application and upheld

in the final judgment, the fees due to each advocate

in the cause shall be taxed at the rate of one per

centum (1%) on the value of the property in licitation

provided that in no case shall such fee be more than

that assessed according to paragraph 13 or less than ..

116.47

18. In actions respecting the payment of annuities,

allowances and the like, if the amounts be

indeterminate, the fee shall be taxed as provided in

paragraph 13 on the amount awarded in the final

judgment, provided that in no case shall such fee be

less than ...................................................................

116.47

19. In actions of maintenance, the fee shall be one

half per centum (½%) on the amount of maintenance

payable under the judgment for a period of ten years,

provided that if the order refers to provisional

maintenance the fee shall be ............................. from

11.65

to

34.94

20. In actions of filiation, in other actions

concerning the status of individuals and in actions

relating to the separation or divorce of married

persons irrespective of the number of declarations

involved, but saving the fee in respect of any

decision on any point of law or of fact which

concerns a value determinate or determinab1e, there

shall be allowed a fee ....................................... from

81.53

CODE OF ORGANIZATION AND CIVIL PROCEDURE

€

to

174.70

21. In actions relating to the ranking of creditors,

the minimum fee shall be ..........................................

116.47

Provided that -

(i) when there is contestation of the

claim either as to the amount or as

to ranking the fee shall be as at

paragraph 13;

(ii) where there is admission of the

claim, but such claim does not

result from a previous executive

title, the fee shall be as at

paragraphs 28, 29, 30 and 31, as

the case may be.

2 2. To t h e a d v o c a t e o f t h e p a r t y m a k in g t h e

lodgment there shall be allowed the fee of ................

23.29

But if there be contestation as to the amount

lodged, the provisions contained in paragraph 13

shall apply.

23. In bankruptcy or insolvency proceedings,

where there is no contestation concerning the proof

of a claim, the fee in respect of that proof of a claim

shall be that established for a declaration.

24. In any other action of adjudication upon

competing claims, referred to in article 428 of the

Code of Organization and Civil Procedure, there shall

be taxed a fee as provided in paragraphs 13, 18 and

36.

25. In causes concerning the validity of a

redemption or the implementation of a promise of

conveyance, the value in the cause for purposes of

paragraph 13 shall be the value of the property

redeemed or of which the conveyance was promised.

26. For each decree in the cause ................... from

11.65

to

116.47

27. In case of judgments of non-suit, if the

judgment is given on pleas touching the principal

merits of the cause, there shall be allowed to the

advocate the fee established in paragraph 13; in any

other case one-half of the fee aforesaid shall be

allowed.

116.47

28. Where a cause is discontinued in first or in

second instance

(i) after the application has been filed,

there shall be allowed to the

advocate of the plaintiff one-third

of the fee established in paragraph

13 when the cause is taxable ad

valorem;

CODE OF ORGANIZATION AND CIVIL PROCEDURE

€

(ii) after the statement of defence or

the answer has been drafted, there

shall be allowed to the advocate of

the defendant one-third of the fee

established at paragraph 13 when

the cause is taxable ad valorem.

29. In case of compromise or discontinuance at

any other stage of the proceedings subsequent to

contestation but prior to the hearing of the cause, or

in case of admission at any stage prior to the

commencement of the hearing, there shall be allowed

one-half of the fees established at paragraph 13 when

the cause is taxable ad valorem.

30. If the compromise or discontinuance or

admission takes place after the commencement of the

hearing of the cause, two-thirds of the fee established

in paragraph 13 shall be allowed when the cause is

taxable ad valorem.

31. If the compromise or discontinuance or

admission takes place after the cause has been

adjourned for judgment, the whole fee established in

paragraph 13 shall be allowed, when the cause is

taxable ad valorem.

32. (a) If more than one advocate is briefed by the

same party in the same action, each of the advocates

shall be entitled to the whole of the established fee

Provided that the party in whose favour the head

of costs is decided, although he may have briefed

more than one advocate, shall not be entitled to claim

from the party cast more than one whole fee.

(b) Where there are two or more plaintiffs or two

or more defendants to a suit, each of the parties is

entitled to have his own advocate or advocates even

if the merit is similar in respect of all the plaintiffs or

in respect of all the defendants; and the party ordered

to pay the costs shall be bound to pay the proper fees

of all the advocates on the prevailing side so long as

no one party claims costs in respect of more than one

advocate.

33. If an advocate abandons or is abandoned by

his client

(i) after the application or the answer

has been filed, he shall be entitled

to one-third of the normal fee;

(ii) after the above stages but before

the cause has been adjourned for

judgment, he shall be entitled to

two-thirds of the normal fee.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

€

34. The fee due to an advocate whose services

have been engaged after the former one has been

abandoned by or has abandoned his client before the

cause is concluded shall be equal to the difference

between the full fee and the fee taxed to the former

advocate. The fee due to a third and subsequent

advocate shall always be one-third of the full fee.

35. In every case covered by paragraphs 33 and

34, the party engaging the services of more than one

advocate, one after the other, who happens to be on

the prevailing side, cannot claim from the party cast

more than one whole fee.

36. The fees due to advocates in connection with

professional services requiring written pleadings,

other than those referred to in paragraph 6, if such

pleadings have been prepared but not filed shall be

those established in paragraph 15.

37. In connection with professional services at

paragraphs 13, 14, 27 to 31, 33 and 34 the minimum

fee shall be €46.59.

38. On appeal the fees laid down in paragraphs 13

to 36 inclusive, shall be increased by one-third.

39. In regard to causes before the Court of

Magistrates (Gozo) in its superior jurisdiction, there

shall be taxed the same fees established in respect of

causes before the superior courts and the provisions

contained in paragraph 38 of this Tariff shall also

apply.

40. Legal procurators shall receive one-third of

the fees established by this Tariff for advocates as

regards those judicial acts which bear their signature

together with that of an advocate, and as regards

services at paragraphs 7 and 8. No fees however are

taxable to them for any of the services mentioned

under the proviso to paragraph 3. For those judicial

acts which do not require also the signature of an

advocate and which are signed only by a legal

procurator, the fee shall be as that due to an advocate.

41. (a) The fees of official curators shall be those

established in this Tariff.

(b) Official curators when served with a copy of a

judicial act, in connection with which they are not

expected to file any written pleading, shall be

entitled to the same fee due to an advocate and legal

procurator for the same judicial act.

42. An additional fee of €58.23 shall be taxed for

every attendance, when an advocate is required to

appear before any superior court for any pleadings at

an hour when the registry is ordinarily closed.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

€

43. Advocates and legal procurators, when

required to appear before the Court of Magistrates

(Malta), or before the Court of Magistrates (Gozo) in

its inferior jurisdiction, shall be entitled to the

following fees

(a) For every decision of any point of law or of

fact contained in a judgment

Where the amount in issue does not exceed

46.59

or 10%

€1,164.69 .....................................................

whichever is

the greater

in respect of any value in excess of

€1,164.69, per €100 .....................................

3.00

(b) Where the cause is admitted, compromised or

discontinued at any stage of the proceedings the

provisions of paragraphs 28 to 31 shall apply.

(c) For the drawing up of an application or notice,

the filing of which has not taken place ......................

23.29

(d) For each subpoena and relative application ......

6.99

(e) For every warrant, counter-warrant, application

or note of consent .....................................................

11.65

(f) For each lodgment schedule

where the value does not exceed €465.87

11.65

where the value exceeds €465.87 but not

€2,329.37 an additional fee of 1% of the

excess shall be paid.

(g) For a note of registration of a judgment or of

any other executive title ...........................................

11.65

(h) For each attendance before a referee or a

judicial assistant and for each attendance in faciem

23.29

loci ..........................................................................

(i) For each attendance before a court required for

the hearing of a cause at an hour when the registry is

ordinarily closed but not during an ordinary sitting,

or on a Sunday or public holiday, in addition to the

fees mentioned in this paragraph, an additional fee of

€23.29 shall be taxed in respect of each attendance.

44. (a) Fees taxable to advocates who are

appointed as legal referees for each opinion dealt

with in the report shall be up to a maximum of

€116.47 for each legal point decided. Any calculation

or computation of an amount to be awarded as

damages or compensation by the courts shall be

deemed to be an opinion, and the maximum fee

taxable for such an opinion shall be €232.94. The

criterion shall be that of the work involved and never

the amount assessed by the legal referee.

(b) The above fees shall also apply to advocates

who are appointed to report to the Court of Voluntary

Jurisdiction and for the revision of accounts

rendered.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

€

45. For every copy required to be filed with the

original, for service as laid down in sub-article (2) of

article 174 of the Code of Organization and Civil

Procedure .................................................................

4.66

46. In every case where a fluctuating fee is

indicated in this Tariff by a minimum and a

maximum, the fee payable in a particular instance

shall be established by the registrar, according to the

criteria set out in the Code of Ethics and Conduct for

Advocates

Provided that in the taxation of fees due to any

lawyer who has rendered professional services to a

person admitted to the benefit of legal aid the fee

shall always be assessed at the minimum

Provided further that all such fees so assessed

shall be subject to revision by the competent Court at

the instance of any person interested in accordance

with the provisions of article 64 of the Code of

Organization and Civil Procedure.

47. (a) The foregoing provisions of this Tariff

shall not prohibit an Advocate or a Legal Procurator

and his client, from agreeing on a fee, or the basis on

which the fee is to be determined which is different

from that established by this Tariff, and in any such

case the agreed fee or basis for determining it, not

being a basis prohibited by law, shall apply, subject

to the provisions of the following sub-paragraphs

Provided that in any case, an Advocate or a Legal

Procurator shall inform his client of the applicable

fee or the basis on which the fee is to be determined

before the service is provided.

(b) Nothing contained in sub-paragraph (a) of this

paragraph shall affect the taxing of fees as between

the parties to judicial acts or proceedings or in

respect of any extra-judicial work by advocates or

legal procurators to be paid by the other party, which

shall be regulated exclusively in accordance with the

foregoing paragraphs of this Tariff.

(c) Notwithstanding sub-paragraph (a) of this

paragraph it shall not be lawful for any advocate to

fix by agreement his fees in an amount higher or

lower than those fixed in this Tariff in respect of any

matters arising under Chapter IV of the Constitution,

Book First of Cap. 16, Cap. 5, Cap. 255 and Cap. 319

of the Laws of Malta; and in respect of deeds for the

transfer of immovable property where the value does

not exceed €58,234.33.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

€

(d) A fee charged by an advocate under an

agreement as is mentioned in sub-paragraph (a) of

this paragraph shall be subject to review by the

Committee for Advocates and Legal Procurators

established

by

the

Commission

for

the

Administration of Justice Act (Cap. 369) on the

request of the client filed within one month from the

date of the agreement.

(e) The said Committee may reduce the fee

charged as aforesaid if, in the light of the relative

criteria stipulated in the respective Codes of Ethics

and Conduct for Advocates and for Legal

Procurators, the Committee considers the fee to be

unreasonable.

(f) For the purposes of this paragraph, an

agreement concerning fees shall be in writing.

48. (a) A fee charged by an advocate or a legal

procurator in respect of any matter not covered by

this Tariff shall be subject to review by the

Committee for Advocates and Legal Procurators on

the request of the client filed within one month from

the date of the agreement or, if there is no agreement,

from the date of the advocate’s or legal procurator’s

note of fees.

(b) The said Committee may reduce the fee

charged as aforesaid if, in the light of the relative

criteria stipulated in the respective Codes of Ethics

and Conduct for Advocates and for Legal

Procurators, the Committee considers the fee to be

unreasonable.

TARIFF F

Fees allowed to Supplementary Judges and Supplementary

Amended by

Magistrates

IV.1862.22;

IV.1905.7.

Substituted by

(Deleted by XXXI.2002.195.)

L.N. 7 of 1968;

L.N. 102 of 1980.

Amended by

XIII.1983.4.

Substituted by

L.N. 121 of 1996.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

TARIFF G

Amended by

VII.1856.8,9;

IV.1862.23;

Fees payable to Accountants and other Referees

XXXI.1934.82.

Substituted by

€

L.N. 102 of 1980.

1. The fee payable to accountants shall be taxed at

Amended by

XIII.1983.4;

one per centum (1%) on the amount of the subject

L.N. 407 of 2007.

matter of the references, subject to a minimum of

€11.65 and a maximum of €2,329.37

2. To other experts, for any valuation

on the first €1,164.69 or part thereof .................

11.65

on any further amount over €1,164.69, for every

€100 or part thereof .......................................

1.00

Provided that the fee shall in no case exceed

€1,164.69.

3. The fees prescribed in the preceding numbers

of this Tariff shall include the remuneration for

making the report, accounts and statements, for

holding sittings, and for attendance in court and

elsewhere where necessary, but they shall not include

the expense necessary for carrying out the reference.

4. Where, owing to the special circumstances of

the case, it appears to be just that, besides the fees

above established, an additional fee be allowed to the

referee or expert, it shall be in the power of the court,

upon hearing the parties interested, to allow such

additional fee at its discretion.

Any such additional fee may be determined

beforehand by the court in the decree appointing the

referee or expert or by separate decree, but in no case

otherwise than be decree.

5. The taxation made by the registrar may be

appealed against by any referee or party in the

manner prescribed under article 667 of the Code of

Organization and Civil Procedure.

6. Fees due to taxing experts in the Court of

Voluntary Jurisdiction shall be regulated in

accordance with No. 13 of Tariff C.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

TARIFF J

Added by

G.N. No. 549 of

1939. Fees payable in connection with Sea Protests or proceedings

Amended by

concerning Average

G.N. No. 653 of

1942. 1 For the procedures required following the filing of any

Substituted by

L.N. 7 of 1968;

application regarding sea protests or for proceedings

L.N. 102 of 1980.

touching average up to the filing of the report

€

Amended by

XIII.1983.4.

(i)

registry fee ...............................................

Substituted by

€200

L.N. 121 of 1996;

L.N. 142 of 2000;

(ii) fee due to the advocate ............................

€240

L.N. 407 of 2007;

L.N. 36 of 2015.

(iii) fee due to the judge delegate ....................

€120

(iv) fee due to the deputy registrar ..................

€60

(v) fee due to the translator, if required .........

€60

(vi) fee due to the clerk transcribing the

protest and depositions, if required ..........

€50

(vii) fee due to the executive officer of the

Court .......................................................

€35

2 When the sea protest is drawn up outside the edifice of

the Law Courts the fees stated in paragraph 1 of this

Tariff shall be increased by ..........................................

25%

Provided that if the sea protest is drawn up on board a

ship lying outside a harbour the fees stated in

paragraph 1 of this Tariff shall be increased by ...........

50%

3 Where the sea protest is drawn up at any time after

4.00pm and before 9.00am the fees set out in

paragraph 1 of this Tariff shall be increased by ...........

50%

4 (1) The sea-protest shall be drawn up in English.

(2) An interpreter shall be employed when the

declaration is made or the evidence given in a

language with which the judge is not conversant.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

TARIFF K

Amended by

G.N. No. 203 of

Fees payable to Periti

1920;

G.N. No. 78 of

1. Survey of Lands

1929. Substituted by

L.N. 7 of 1968.

(a) Survey without the submission of a plan showing boundaries

Amended by

only

XIII.1983.4;

L.N. 1 of 2000;

XVIII.2002.10;

Terraced Land

XXXI.2002.196.

or Level Land

Terraced Land

Substituted by

Level Land

with trees and/

with trees and/

L.N. 407 of 2007.

or other

or obstacles

Amended by

XXIII.2009.16;

obstacles

L.N. 447 of 2010.

€

€

€

If the area does not

ex ce e d 44 9 6 s q.

metres .................

9.32

11.65

13.98

If the area exceeds

4496 sq. metres

but does not

ex ce e d 89 9 2 s q.

metres .................

16.31

20.96

23.29

If the area exceeds

8992 sq. metres

but does not

exceed 13488 sq.

metres ................

23.29

30.28

37.27

If the area exceeds

13488 sq. metres

but does not

exceed 17984 sq.

metres .................

34.94

41.93

51.25

If the area exceeds

17984 sq. metres

but does not

exceed 26976 sq.

metres .................

46.59

53.58

69.88

If the area exceeds

26976 sq. metres,

for each addition-

al 1124 sq. metres

or part thereof

there shall be

added ..................

1.75

2.33

2.91

(b) Survey with detailed plan

(i) If the area does not exceed 8992sq.

metres, the fees specified in sub-

paragraph (a) shall be increased

by €2.33 per 1124 sq. metres or

part thereof.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(ii) If the area exceeds 8992 sq. metres,

the fees specified in sub-

paragraph (a) shall be increased

by €2.33 per 1124 sq. metres in

respect of the first 8992 sq. metres

and by €1.16 in respect of each

additional 1124 sq. metres or part

thereof.

(c) Survey of streets including plans showing

outlines

In this sub-paragraph the word “street” means any

street and includes any road, alley, square or other

place of public passage.

For every 46 metres or part thereof of the length

of the street shown in the plan ..................................

€4.66

(d) Levels

Where spot levels with or without contours are

required the fees payable under sub-paragraphs (a),

(b) and (c) shall be increased by

150% if levels are taken at intervals of ........................

1.5 metres

100% if levels are taken at intervals of ........................

3 metres

90% if levels are taken at intervals of ...........................

6 metres

80% if levels are taken at intervals of ...........................

9 metres

70% if levels are taken at intervals of ...........................

12 metres

60% if levels are taken at intervals of ...........................

15 metres

50% if levels are taken at intervals of ...........................

18 metres

40% if levels are taken at intervals of ...........................

21.5 metres

30% if levels are taken at intervals of ..........................

24.5 metres

20% if levels are taken at intervals of ...........................

27.5 metres

10% if levels are taken at intervals of ...........................

30.5 metres

2. Survey and Plotting of Buildings

(a) Buildings of simple disposition and regular in

plan

(i) if of not more than 6 areas ............

€5.82

(ii) if of more than 6 areas, the above

fee shall be increased by €1.16 in

respect of each additional area.

(b) Buildings with irregular walls

The fees specified in sub-paragraph (a) shall be

increased by fifty per centum (50%).

Note: The above fees shall be in respect of one

floor only.

For the survey and plotting of each other floor

the fees shall be reduced by fifty per centum

(50%).

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(c) Buildings of a special character

For every 9 square metres or part thereof of the

gross area .........................................................

€0.58

3. Plans of Building Sites and Relative Division

into Building Plots

For surveying a building site, preparing detailed

plans and dividing the site into building plots

(i) if the area does not exceed 878 sq.

metres

€11.65

(ii) if the area exceeds 878 sq. metres,

for every additional 439 sq. metres

or part thereof

€6.99

4. Measurements of Excavations and Embank-

ments

Up to 14 cubic metres, per 3 cubic metres or part

thereof .....................................................................

€1.40

Over 14 and up to 28.5 cubic metres, per 3 cubic

metres or part thereof ...............................................

€1.11

Over 28.5 cubic metres, per 3 cubic metres or part

hereof

€0.82

5. Measurement of Works or Preparation of Bills

of Quantities

(a) For measurement of work including pricing

2%

( b ) For detailed bills of quantities by trade

including pricing

2½%

(c) For measurement of works and pricing which

require calculations other than the measurement of

actually existing quantities and the assessment of the

relative prices ...........................................................

3%

6. Valuations

(a) Rural property

If the value does not exceed €232.94 .....................

€6.99

If the value exceeds €232.94 but not €465.87 ........

€9.08

If the value exceeds €465.87 but not €698.81 ........

€11.88

If the value exceeds €698.81 but not €931.75 ........

€13.98

If the value exceeds €931.75 but not €1,164.69 .....

€16.07

If the value exceeds €1,164.69 but not €1,397.62 ..

€17.47

If the value exceeds €1,397.62 but not €1,630.56 ..

€18.87

If the value exceeds €1,630.56 but not €1,863.50 ..

€20.27

If the value exceeds €1,863.50 but not €2,096.44 ..

€21.66

If the value exceeds €2,096.44 but not €2,329,37 ..

€23.06

CODE OF ORGANIZATION AND CIVIL PROCEDURE

If the value exceeds €2,329,37 the fee shall be

increased by €0.30c per €100 or part thereof.

(b) Urban property

If the value does not exceed €232.94 ....................

€6.99

If the value exceeds €232.94 but not €465.87.........

€7.57

If the value exceeds €465.87 but not €698.81 ........

€8.39

If the value exceeds €698.81 but not €931.75 ........

€9.43

If the value exceeds €931.75 but not €1,164.69 .....

€10.48

If the value exceeds €1,164.69 but not €1,397.62 ..

€11.53

If the value exceeds €1,397.62 but not €1,630.56 ..

€12.58

If the value exceeds €1,630.56 but not €1,863.50 .

€13.63

If the value exceeds €1,863.50 but not €2,096.44 ..

€14.68

If the value exceeds €2,096.44 but not €2,329.37 ..

€15.84

If the value exceeds €2,329.37 the fee shall be

increased by €0.30c per €100 or part thereof.

(c) Emphyteutical property and property subject

to usufruct, burdens or easements.

The fee payable shall be assessed on the value of

the property as free.

In the valuation of a directum dominium in

perpetuity of any tenement or of any perpetual

burden, the fee shall be assessed in accordance with

paragraph 15.

(d) Usufruct

In the valuation of a usufruct the fee shall be

assessed on the value of the property as freehold with

the addition of a fee as provided under sub-paragraph

(b) of paragraph 15.

(e) Portions of tenements

In the valuation of an undivided portion of a

tenement, whether free or emphyteutical or subject to

usufruct, easement or burden, the fee shall be

assessed as laid down in sub-paragraphs (a) and (b)

of this paragraph or on the basis of four per centum

(4%) on the value of the portion so valued,

whichever is the lesser fee, provided that in no case

the fee payable shall be less than €6.99.

Note: The fees specified in this paragraph include

any fees for valuations and measurements which may

be necessary to arrive at the final value.

7. Partition of Property

The fee payable shall be one-fourth of the fee

established for the valuation but it shall not exceed

€34.94 for every proposed scheme of partition of

property.

8. Assessing

value

of

Dilapidations

or

Improvements

For preparing schedule, with or without the

assessment of the value, the fee shall be equal to five

per centum (5%) on the assessed amount

Provided that if only an assessment of the value is

required, the fee shall be of two per centum (2%) of

the estimated cost.

In no case shall the fee be less than €6.99

9. Assessing Damage other than Dilapidations

For preparing detailed schedule and settling the

amount, the fee shall be equal to five per centum

(5%) of the assessed amount

Provided that the fee in respect of repeated works

of an identical nature shall be reduced by sixty per

centum (60%) for each work other than the first.

In no case shall the total fee be less than €6.99

10. Design and Erection of Buildings

For taking the client’s instructions, preparing

sketch designs, making approximate estimates of

cost by cubic measurement or otherwise, submitting

applications for building and/or other licences,

preparing working drawings and specifications,

giving general supervision, issuing certificates of

payment and certifying accounts, the fee in respect of

new works is to be assessed as follows

If the cost of the executed work does not exceed

€232.94 ................................................................... 10% of the

cost

If the cost of the executed work exceeds €232.94

but does not exceed €698.81 ..................................... 9% of the

cost

If the cost of the executed work exceeds €698.81

but does not exceed €1,164.69 .................................. 8% of the

cost

If the cost of the executed work exceeds

€1,164.69 but does not exceed €2,329,37 ................ 7% of the

cost

If the cost of the executed work exceeds 6% of the

€2,329,37

cost

In the case of alterations to existing buildings, the

percentage to be charged shall be increased by fifty

per centum (50%) over the rate for new works.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

Notes: (1) The fees specified in this paragraph

shall not cover constant supervision of the work but

only such supervision as may be required for the

purpose of the professional responsibility of the perit

under any relevant law at any time in force and as

may be necessary to ensure that the works are being

executed in general accordance with the contract.

(2) Such fees, however, shall cover the

responsibility of the perit to ensure that no material

deviation, alteration, addition to or omission from

the approved design is made without the knowledge

and consent of the client, and to inform the client if

the total authorised expenditure is likely to be

exceeded or if the contract period is likely to be

varied.

(3) Where it is agreed between the perit and the

client to retain the services of consultants, the fee of

the perit shall be reduced by one-third of the fees on

the cost of the works upon which the services of

consultants are retained.

11. Fees in cases when the Perit Abandons or is

Abandoned by the Client or Works remain

Unexecuted

1. If a project referred to in paragraph 10 of this

Tariff or part thereof is abandoned or if the perit

abandons or is abandoned by the client

(a) after the perit has taken the client’s

instructions,

prepared

preliminary

sketch designs sufficient to indicate the

interpretation by the perit of the client’s

instructions and made an approximate

estimate of the cost of the project, the

fee shall amount to one-third ( 1 / 3 ) of the

fees specified in paragraph 10;

(b) after the perit has taken the client’s

instructions, prepared sketch designs,

made an approximate estimate of the

cost, submitted applications for building

and/or other licences, and prepared

working drawings and specifications,

the fee shall amount to two-thirds ( 2 / 3 ) of

the fees specified in paragraph 10.

2. The perit who has been engaged after a former

one has been abandoned by, or has abandoned, his

client as above shall be entitled to

(a) five-sixths ( 5 /6 ) of the fees specified in

paragraph 10 in the case contemplated in

sub-paragraph 1(a) of this paragraph;

(b) one-half (½) of the fees specified in paragraph

10 in the case contemplated in sub-paragraph 1(b) of

this paragraph.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

12. Old Material or Material and Services

provided by Client

When building work has been executed wholly or

in part with old material or where the material,

labour and/or carriage is provided wholly or in part

by the client, the fee of the perit shall be calculated

as if the work had been executed throughout with

new material and as if the material, labour and/or

carriage had been paid for throughout at current cost.

13. Services not included in Paragraph 10 and 11

Additional fees shall be payable for

(a) surveying sites of buildings and taking

levels;

(b) altering drawings or preparing new

drawings and for other services made

necessary by variations or additions

required by the client after the original

drawings have been approved by him;

(c) the assessment of compensation due for

rendering party walls common;

(d) measuring and pricing executed works.

14. Statically Indeterminate Structures

In cases involving the design of statically

indeterminate structures or statically indeterminate

structural members, a fee of two per centum (2%) on

the cost of such structures or structural members

shall be payable in addition to the fees chargeable

under paragraph 10 hereof.

15. Miscellaneous Fees

(a) For minor service not otherwise provided

for ........................................................

€1.40

(b) For important service not otherwise

provided for ..........................................

€4.66

(c) Time charges

In cases where it is agreed between the

perit and the client that the fee is to be

on a time basis, the fee shall be of €3.49

per hour, but when the perit requires the

help of an assistant, the fee shall be

increased by €0.93c an hour.

(d) Travelling allowance

From Malta to Gozo and vice versa or

from Gozo to Malta and vice versa ........

€6.99

(e) Costs in connection with Court duties

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(i)

transportation costs to a site

inspection ....................................

€6.99

(ii) typing and printing minutes in the

records of a case, per A4 sheet, for

the first copy thereof ...................

€0.70

and each additional copy thereof ........

€0.23

(iii)for the issue of each notice of a

sitting or site inspection to

lawyers and parties ......................

€1.16

16. Fees payable to periti, who are appointed as

Court referees, including periti who are appointed by

the Land Arbitration Board according to article 25(3) of

the Land Acquisition (Public Purposes) Ordinance,

(Cap. 88), for each opinion dealt with in the report,

shall be up to a maximum of €116.47 for each legal

point decided. Any calculation or computation of an

amount to be awarded as damages or compensation by

the Courts shall be deemed to be an opinion, and the

maximum fee taxable for such an opinion shall be

€232.94 The criterion shall be that of the work involved

and never the amount assessed by the Court referee

Provided that in no case shall the fee payable for

any one report exceed two thousand euro (€2000).

Fees payable to surveyors appointed by the Court

shall be assessed in accordance with the following

paragraphs provided that in no case shall the fee

payable for any survey exceed four hundred and fifty

euro (€450)

Provided that the Court may at the request, even

verbal, of the perit or surveyor, or by the periti who are

appointed by the Land Arbitration Board according to

article 25(3) of the Land Acquisition (Public

Purposes) Ordinance (Cap. 88), after hearing briefly

all interested parties, allow the perit or surveyor any

additional fee if the fee so assessed is considered too

low when considering the work that has been executed

Provided further that there shall be paid a fee to the

periti above referred to, including periti who are

appointed by the Land Arbitration Board according to

article 25(3) of the Land Acquisition (Public

Purposes) Ordinance (Cap. 88), appointed as a Court

referees as follows

(a) For each sitting held -

(i) for the first hour or part thereof ...

€24

(ii) for each additional hour or part

thereof ........................................

€24

(b) For each site inspection held -

(i) for the first hour or part thereof ...

€32

(ii) for each additional hour or part

thereof ........................................

€24

CODE OF ORGANIZATION AND CIVIL PROCEDURE

17. Periti, when ordered by a Court or required by a

client to appear before any judicial assistant or a court

referee, or for a site inspection shall be entitled to the

following fees

(i) for the first hour or part thereof ...

€35

(ii) for each additional hour or part

thereof ........................................

€32

18. The fees set forth in this Tariff shall, in all cases,

be exclusive of the cost of copies of documents,

travelling expenses and all other disbursements not

already provided for.

19. The expert appointed by the court, including

periti who are appointed by the Land Arbitration Board

according to article 25(3) of the Land Acquisition

(Public Purposes) Ordinance (Cap. 88), shall not be

entitled to any fee for services in connection with the

presentation of the report or the confirming of the same

on oath, but if, after he has presented the report and

confirmed the same on oath, he is required to attend in

court, he shall be allowed a fee for attendance in

accordance with item (f) of Schedule A to the

Witnesses (Fees) Ordinance.

20. (a) The foregoing provisions of this Tariff

shall not prohibit a Perit and his client, from agreeing

on a fee, or the basis on which the fee is to be

determined which is different from that established

by this Tariff, and in any such case the agreed fee or

basis for determining it, not being a basis prohibited

by law, shall apply, subject to the provisions of the

following sub-paragraphs

Provided that in any case, a Perit shall inform his

client of the applicable fee or the basis on which the

fee is to be determined before the service is

provided.

(b) For the purposes of this paragraph, an

agreement concerning fees shall be in writing.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 2 Civil courts of justice. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The courts of justice of civil jurisdiction for Malta are

either superior or inferior. Each court may be divided into different

sections.

(2) Unless otherwise established by law, the President of Malta

may by Order establish the sections of each Court, and designate the

categories of cases assigned to each section; and may by subsequent

Order amend, revoke or substitute such Order.

(3) Saving any other provision of law, the courts of justice of

civil jurisdiction are exclusively vested with the judicial authority

in civil matters within the jurisdiction of the tribunals of Malta.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Schedule B — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

[A RTICLE 1007]

FORMS

No. 1

Application of a minor

to bring action through a curator.

In (here insert name of Court)

versus

The application of the said

Respectfully sheweth: -

That, in the opinion of competent persons, he has good cause to

bring an action against the said

for

the purpose of

, but, as he is a minor, he

being only

years of age, he therefore humbly prays this Court

that he may be allowed to bring the action through a curator

appointed by this Court.

(Decree of the Court)

The Court,

Upon seeing the application of

,

Appoints

to act as curator of

during his minority, in the action mentioned in the application.

This

day of

(Registrar’s signature)

0.23 cents

CODE OF ORGANIZATION AND CIVIL PROCEDURE

No. 2

Amended by

Application of a

L.N. 153 of 1996.

Substituted by

third party for the appointment

L.N. 407 of 2007.

of a curator to represent a minor.

In (here insert name of Court)

versus

The application of

Respectfully sheweth: -

That, from information obtained,

has

good cause to bring an action against

,

for the purpose of

,

but, as the said

is a minor, he

being only

years of age, the applicant, therefore, humbly prays

that this Court may appoint a curator for the purpose of bringing

the necessary action on behalf of the said minor.

(Decree of the Court)

The Court,

Upon seeing etc.,

This

day of

(Registrar’s signature)

0.23 cents

No. 3

Application to sue/defend

with benefit of legal aid.

In the Civil Court First Hall

versus

The application of the said

Respectfully sheweth: -

That in the claim by/against

for

he qualifies for admission to sue/defend with the

benefit of legal aid.

Wherefore applicant humbly prays this Court that he may be

allowed to sue/defend with the benefit of legal aid, and the said

applicant declares on oath that he believes that his aforesaid claim/

defence is just, and that excluding the subject-matter of the

proceedings, he d oes not possess property of any sort (not

including wearing apparel) the net value whereof amounts to a sum

of not more than .6,988.12 not including everyday household items

that are considered reasonably necessary for the use by applicant

and his family, and that his yearly income is not more than the

national minimum wage established for persons of eighteen years

and over; and that in calculating the said net asset value, no account

has been taken of the principal residence of the applicant or any

other property, immovable or movable, which forms the subject

matter of court proceedings, even though such other property is not

the subject matter of the proceedings in respect of which legal aid

is being applied for; and that in calculating the income, the period

of computation has been calculated at the twelve months’ period

prior to the demand for the benefit of legal aid.

(Decree of the Court)

The Court

Upon seeing etc.,

Orders that this application be referred to the Advocate for Legal

Aid to examine and report whether the applicant has a good cause

of action.

This

day of

(Registrar’s signature)

0.23 cents

No. 4

Application for order

in connection with competition

proceedings.

In (here insert name of Court)

The application of

for competition proceedings amongst the creditors of

Respectfully sheweth: -

That in the Registry of this Court there is lodged the sum of

by schedule filed by

on the

day of

.

That the applicant as creditor of the said

claims

that amount, but he is unable to obtain the same, as it is claimed by

other parties (or other parties claim to have an interest therein)

so that competition proceedings on the said deposit amongst the

creditors of the said

are now competent.

Wherefore the applicant humbly prays that this Court may order

the publication of the notice relative to such competition

proceedings.

(Decree of the Court)

The Court,

Allows the application, and appoints the

day of

for the appearance of the parties interested at the

hearing of the cause, and directs the Registrar to publish the notice

referred to in article 416 of the Code of Organization and Civil

Procedure.

This

day of

(Registrar’s signature)

0.23 cents

No. 5

Notice in compliance with

the preceding Order.

NOTICE

Registry of

This

day of

It is hereby notified to whom it may concern that, in the Registry

of the (name of Court)

, there is the sum of

lodged by schedule filed by

on the

day of

in favour of

, and that by a decree of

the

day of

, on the application of

, the Court has ordered that competition proceedings be instituted

on the said deposit, and has appointed the

day of

for the appearance of the parties interested and the hearing of the

cause.

Wherefore any person, claiming to have an interest in the matter,

is requested to exercise his rights on the deposit aforesaid, by an

application within

days from the aforementioned date,

for the purposes of the Code of Organization and Civil Procedure.

(Registrar’s signature)

0.23 cents

CODE OF ORGANIZATION AND CIVIL PROCEDURE

Form No. 6 - Writ of summons

Amended by

XXXI.1934.83;

L.N. 46 of 1965.

Substituted by

XXII.1976.2;

Revoked by XXII.2005.76

L.N. 95 of 1979.

Amended by

L.N. 190 of 1995

L.N. 153 of 1996.

No. 7

Notice of hearing

of cause.

REPUBLIC OF MALTA

To

Marshal of the Courts

WHEREAS in a cause the pleadings whereof have been closed in

the (name of Court)

between

the Court has appointed the

for the hearing of the said cause.

Wherefore you are ordered that by the delivery of a copy hereof

both to the said Plaintiff

and Defendant

or their agent, according to law, you summon them

to appear at

o’clock on the

before

this Court, on which day the cause will be heard and determined.

You are further ordered to warn in the same manner the aforesaid

Plaintiff and Defendant that, should they fail to appear on the day,

and at the place and time aforesaid, the Court will proceed in their

default to deliver judgment, according to justice, at the suit of the

said

on the same day, or on any subsequent day, as may

be determined by the said Court.

And after execution, or upon your meeting with any obstacle in

the execution hereof, you shall forthwith report to this Court.

Given by the (name of Court),

and witnessed by

Doctor of Laws,

of the said Court.

This,

day of

0.23 cents

No. 8

Subpoena Ad Testificandum

and/or Duces Tecum before the

Court/referee.

In (here insert name of Court)

In the cause

versus

Application of

Respectfully requests the issue of a summons of a witness in the

above-stated cause against the person mentioned hereunder to

attend for the sitting and at the time stated hereunder, and/or to

bring with him the documents referred to hereunder.

Name and address of the person summoned to attend as a witness

Documents to be brought by him

Date, time and place where he is to attend

Advocate

Legal Procurator

This,

day of

Filed by

(Registrar’s signature)

No. 8

Subpoena Ad Testificandum

and/or Duces Tecum

before the Court/referee.

REPUBLIC OF MALTA

COURT SUMMONS

To

Marshal of the Courts

WHEREAS pursuant to the above application in the abovestated

cause pending in this Court the evidence of the afore mentioned

person is required;

You are, therefore, ordered to summon the said person to attend

on the day and at the time mentioned, and so on any other day and

at any other time to which the said cause may be put off to give

evidence in that cause and/or to bring with him the documents

indicated.

You will also warn the said person that in case of disobedience to

this summons, he shall be liable to the penalties established for

contempt of Court, and he may be compelled to attend by a warrant

of escort or of arrest, and he shall be liable to all other

consequences to which, according to the provisions of the Code of

Organization and Civil Procedure, he may be liable for such

disobedience.

And after execution, by delivery of a copy hereof to the said

person or to his agent, according to law, or upon your meeting with

any obstacle in the said service, you shall forthwith report to this

Court.

Given by the (name of Court),

and witnessed by

Doctor of Laws,

of the said Court.

This,

day of

0.23 cents

No. 9

Warrant of seizure for fine

(ammenda or multa) or of arrest

against person failing to attend

on subpoena Ad Testificandum

and/or Duces Tecum.

REPUBLIC OF MALTA

To

Marshal of the Courts

WHEREAS by a decree given by the (name of Court) on the

day of

,

was condemned to pay a fine

(ammenda or multa) of €

(or was sentenced to detention or

) for having failed to attend as

imprisonment for

witness in the cause

versus

Wherefore you are ordered to seize, without any delay, from the

possession of the said

a pledge equivalent to the

aforesaid amount and to the costs of this warrant, or, in the absence

of things liable to seizure, to convey the said

to the prison appointed for persons condemned to detention (or

imprisonment) to be kept therein for the aforesaid period of

in default of payment of said amount.

And after execution, etc.,

(as in Form No.8).

0.23 cents

No. 10

Warrant of Escort

against person failing to

attend on subpoena

Ad Testificandum and/or Duces Tecum.

REPUBLIC OF MALTA

To

Marshal of the Courts

WHEREAS the (name of Court) has by a decree given on the

ordered that

, having failed

to attend as a witness before this Court in the cause pending

between

and

, be brought before

this Court to give h

evidence and/or to bring documents at

the sitting of

Wherefore you are ordered to bring before this Court the said

and to keep h

until

shall have given

h

evidence, and/or brought the documents or until this Court

shall order h

discharge.

And after execution, or upon your meeting with any obstacle in

the execution hereof, you shall forthwith report to this Court.

Given by the (name of Court),

and witnessed by

Doctor of Laws,

of the said Court.

This,

day of

0.23 cents

No. 11

Bond of surety

in cases prescribed

by law in respect

of certain warrants.

I, the undersigned, do hereby stand surety in solidum with

for any amount to which he may be condemned by way of penalty,

or for any other cause, according to law, in consequence of the

execution of the warrant sought by him, and I declare on oath that I

consider myself sufficient for the fulfilment of this my bond.

0.23 cents

No. 12

Garnishee Order.

In (here insert name of Court)

(Creditor) ......................................

versus

(Debtor) ......................................

Application of

Respectfully requests: -

That this Court orders the issue of a garnishee order to be

executed on the garnishee or garnishees as hereinafter mentioned,

against the debtor for the debt herein mentioned and for the costs of

this procedure, as precaution against the debt hereinafter indicated/

by virtue of the executive title herein mentioned/as confirmed on

oath hereunder.-

{

Amount

Debt

Interest

Costs

Title/Executive title

Garnishee/s

Advocate

Legal Procurator

This,

day of

Confirmed on oath before me, after I have read to him the

contents, and in the presence of

witness to identity,

and filed by

(Registrar’s signature)

No. 12

Garnishee Order.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS the above application has been filed and it contains

the elements required according to law for the issue of the orders

herein contained;

You are, therefore, on the said application, hereby ordered that,

by delivering a copy of this Order, in the first place, to the

aforesaid garnishees and subsequently to the debtor, you shall

enjoin the said garnishees to retain in their possession as

sequestered until the expiration of the time for which this warrant

shall remain in force according to law or until further orders, or

otherwise to deposit in the Registry of this Court, so much of the

things or moneys in their possession appertaining to the said debtor

as may be sufficient to satisfy the aforementioned claim of the said

creditor together with the costs hereof under penalty of the payment

of damages and interest, in case of disobedience.

And after execution, or upon your meeting with any obstacle in

the execution hereof, you shall forthwith report to this Court.

Given by the (name of Court),

and witnessed by

Doctor of Laws,

of the said Court.

This,

day of

0.23 cents

No. 13

Order for depositing

after service of Garnishee

Order.

REPUBLIC OF MALTA

To

Marshal of the Courts

WHEREAS in virtue of a garnishee order made by the (name of

Court) and executed on

it was ordered that

so much of the things (or moneys) in the possession of

and belonging to

as may be sufficient

to satisfy the claim of

against

be attached;

And whereas it has been represented by the said

that

the time for the delivery of the things (or moneys) attached as

aforesaid has expired;

And whereas an application has now been made for an order that

the said

be enjoined to deposit in the Registry

of this Court the things (or moneys) so attached;

You are, therefore, ordered to enjoin the said

to deposit in the Registry of this Court, within two days from the

date of service hereof, the things (or moneys) attached as aforesaid

and to warn the said

that in default of such

deposit, within the aforesaid time, proceedings will be taken

against him, according to law.

And after execution, by delivery of a copy hereof to the said

or

agent, according to law, or upon your meeting

with any obstacle in the said execution, you shall forthwith report

to this Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of this Court.

This,

day of

0.23 cents

No. 14

Warrant of Impediment

of Departure of a Vessel.

In (here insert name of Court)

(Applicant) ......................................

versus

(Respondent) ......................................

Application of

Respectfully sheweth and confirms on oath

That the applicant seeks to safeguard the credit herein mentioned

against the said respondent/vessel;

That by the departure of such vessel from Malta applicant’s

credit may be evaded;

Wherefore, the applicant respectfully requests that this Court

orders the issue of a warrant of impediment of departure against the

said vessel for the herein mentioned credit and for the costs of this

procedure.

Credit

Title/Executive Title:-

Advocate

Legal Procurator

This,

day of

Confirmed on oath before me, after I have read to him the

contents, and in the presence of

witness to identity, and filed by

(Registrar’s signature)

No. 14

Warrant of Impediment of

Departure of a Vessel.

REPUBLIC OF MALTA

COURT WARRANT NO. . . . . . . . . . . . . . . . .,

To

Marshal of the Courts

WHEREAS the attached application has been filed and it

contains the elements required according to law for the issue of the

orders herein contained;

You are, therefore, on the said application, hereby ordered to

detain the vessel therein mentioned, until further orders, and to

adopt such measures as may be necessary for the said purpose.

You are further ordered to enjoin, by the delivery of a copy

hereof, the Master of the said vessel not to cause the ship to

proceed on her voyage, and the Comptroller of Customs not to

deliver the clearance papers of the said vessel, and, if such

clearance papers have already been delivered, to withdraw them,

under penalty of the payment of damages and interest to the said

applicant.

Lastly, you are notified that this warrant shall, in default of

further orders of this Court, cease to have effect in six months’ time

from this day.

And after execution, or upon meeting with any obstacle in the

execution hereof, you shall forthwith report to this Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the said Court,

This,

day of

0.23 cents

No. 15

Warrant of Seizure.

In (here insert name of Court)

(Creditor) ......................................

versus

(Debtor) ......................................

Application of

Respectfully requests and confirms on oath: -

That this Court orders the issue of a warrant of seizure against

the said debtor for the amounts/objects hereinafter mentioned and

for the costs of this procedure, as precaution for the credit

mentioned below/in execution of the executive title mentioned

below.

{

Amount

Debt

Interest

Costs

Title/Executive Title: -

Advocate

Legal Procurator

This,

day of

Confirmed on oath before me, after I have read to him the

contents, and in the presence of

witness to identity, and

filed by

(Registrar’s signature)

No. 15

Warrant of Seizure.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS the above application has been filed and it contains

the elements required according to law for the issue of the orders

herein contained;

You are, therefore, on the said application, hereby ordered to

seize without delay from the debtor herein mentioned a pledge

equivalent to the debt/objects mentioned in the application together

with the costs of this warrant should he fail to pay or deposit in the

Registry of this Court the objects/amount mentioned as debts.

And after execution, or upon your meeting with any obstacle in

the execution hereof, you shall forthwith report to this Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the said Court.

This,

day of

0.23 cents

No. 16

Warrant in factum.

REPUBLIC OF MALTA

To

Marshal of the Courts

WHEREAS by a judgment delivered by the (name of Court) on

the

day of

,

was condemned to

in favour of

And whereas the said

has represented to this

Court that the said

has made default in

carrying out the said judgment;

You are, therefore, hereby ordered to convey, without delay, the

said

to the prison of

to be detained

therein until further orders of this Court.

And after service by delivery of a copy hereof to the said

or

agent, according to law, or upon your meeting with

any obstacle in the said service, you shall forthwith report to this

Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of this Court.

This,

day of

0.23 cents

No. 17

Warrant of Ejectment.

In (here insert name of Court)

(Applicant)......................................

versus

(Respondent)......................................

Application of

Respectfully requests: -

That this Court orders the issue of a warrant of ejectment against

the respondent (from the herein mentioned tenement) in execution

of the judgment herein mentioned, whereas the respondent has so

far failed so to do.

Tenement

Judgment

Advocate

Legal Procurator

This,

day of

Filed by

(Registrar’s signature)

No. 17

Warrant of Ejectment.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS by a judgment delivered by the (name of Court), as

stated in the aforementioned application, respondent was

condemned to quit the said tenement, and whereas the said

respondent has so far failed to do so;

You are, therefore, on the said application, ordered to cause the

respondent to be actually ejected from the tenement mentioned in

the application, leaving the same free in favour of the said

applicant, enjoining further the said respondent by delivering a

copy of the warrant, not to disturb the aforesaid applicant in the

free enjoyment of the said tenement, under the penalties established

for contempt of Court.

And after execution, or upon your meeting with any obstacle in

the execution hereof, you shall forthwith report to this Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the said Court.

This,

day of

0.23 cents

No. 18

Warrant of Description

issued on the application

of the State Advocate in case of any

vacant succession.

REPUBLIC OF MALTA

To

Marshal of the Courts

WHEREAS it has been represented to the (name of Court) by the

State Advocate that

died on the

and that

his heirs, whether testamentary heirs or heirs-at-law, are unknown;

And whereas the said State Advocate has applied for the issue of

a warrant of description of the property of the said

in the interest of all parties concerned;

You are, therefore, ordered to proceed to the usual place of

residence of the late

and to any other place in

which you may be aware that there is any property belonging to his

estate, to state in detail such property, and to deposit all movable

property appertaining to the said estate in this Court.

And after execution, or upon your meeting with any obstacle in

the execution hereof, you shall forthwith report to this Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the said Court.

This,

day of

0.23 cents

CODE OF ORGANIZATION AND CIVIL PROCEDURE

No. 19

Amended by

L.N. 46 of 1965.

Counter-Warrant.

Substituted by

XXII.1976.2;

L.N. 96 of 1981.

Amended by

In (here insert name of Court)

L.N. 190 of 1995;

L.N. 153 of 1996.

Substituted by

L.N. 407 of 2007.

Following the warrant of

.

................ No................

issued on the ..................

in the names:-

versus

Application of

Respectfully requests:-

That this Court orders the issue of the opportune counter-warrant

on the grounds herein mentioned.

Grounds:-

Advocate

Legal Procurator

This,

day of

Filed by

(Registrar’s signature)

No. 19

Counter-Warrant.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS, after the execution of the warrant referred to in the

above application, there are grounds according to law for which the

same warrant should not remain in force;

You are, therefore, ordered immediately to cause the effects of

the aforesaid warrant to be stayed by serving copies hereof on all

persons served with the preceding warrant.

And after execution, or upon your meeting with any obstacle in

the execution hereof, you shall forthwith report to this Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the said Court.

This,

day of

0.23 cents

No.20

Warrant of Description.

In (here insert name of Court)

(Applicant) ......................................

versus

(Respondent) ......................................

Application of

Respectfully sheweth and confirms on oath -

That the applicant seeks to safeguard against the respondent over

the hereunder mentioned movable things for the exercise of which

rights he has an interest that such movable things remain in their

actual place and condition;

Wherefore, the applicant respectfully requests that this Court

orders the issue of a warrant of description of (here insert the

movable things to be described and the place where situated).

Advocate

Legal Procurator

This,

day of

Confirmed on oath before me, after I have read to him the

contents, and in the presence of

witness to

identity, and filed by

(Registrar’s Signature)

No. 20

Warrant of Description.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS the attached application has been filed and it

contains the elements required according to law for the issue of the

orders herein contained;

You are, therefore, on the said application, hereby ordered to

proceed to the place mentioned in the application and that, by

delivering a copy of this warrant to the said respondent, you shall

describe all the movable things in detail stating the number and

quality thereof;

You are further ordered to enjoin the respondent to continue to

keep in his custody the movable property so described and to warn

him that he is responsible for their safe keeping, under the penalties

established for contempt of Court;

And, after execution, or upon meeting any obstacle in the

execution hereof, you shall forthwith report to the Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of this Court.

This,

day of

0.23 cents

No. 21

Warrant of Prohibitory Injunction.

In (here insert the name of Court)

(Applicant) ......................................

versus

(Respondent) ......................................

Application of

Respectfully sheweth and confirms on oath

That the applicant has an interest that his rights be secured;

That the applicant, in order to secure his rights, desires to

restrain respondent from (here insert the acts to be restrained)

That the applicant would be prejudiced if respondent is not so

restrained;

Wherefore, the applicant respectfully requests that this Court

orders the issue of a warrant of prohibitory injunction restraining

him from the acts above-mentioned.

Advocate

Legal Procurator

This,

day of

Confirmed on oath before me, after I have read to him the

contents, and in the presence of

witness to identity,

and filed by

(Registrar’s signature)

No. 21

Warrant of Prohibitory Injunction.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS the attached application has been filed and it

contains the elements required according to law for the issue of the

orders herein contained;

You are, therefore, on the said application, hereby ordered that,

by delivering a copy of this warrant to the said respondent, you

shall restrain the respondent from carrying out those things

mentioned in the said application which are prejudicial to the

applicant, under the penalties established for contempt of Court;

And, after execution, or upon meeting any obstacle in the

execution hereof, you shall forthwith report to the Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of this Court.

This,

day of

0.23 cents

No. 22

Warrant of Prohibitory

Injunction in cases of personal

separation restraining the other

spouse.

In (here insert name of Court)

(Applicant) ......................................

versus

(Respondent) ......................................

Application of

Respectfully sheweth and confirms on oath: -

That the applicant (here insert "has brought" or "intends to

bring") before the court of contentious jurisdiction a suit for

personal separation;

That in order to secure his rights the applicant desires the court

to issue a warrant of prohibitory injunction against the respondent

(a) restraining the said respondent from selling,

alienating, transferring or disposing inter vivos

whether by onerous or gratuitous title any

shareholding in any commercial partnership if such

shareholding is comprised in the community of

acquests, and in particular (here insert particulars of

the commercial partnership/s); and

(b) restraining the respondent from contracting any debt

or suretyship which is a charge on the community of

acquests; Wherefore, the applicant respectfully

requests that this Court orders the issue of the relative

warrant of prohibitory injunction against the

respondent.

Advocate

Legal Procurator

This,

day of

Confirmed on oath before me, after I have read to him the

contents, and in the presence of

witness to identity,

and filed by

(Registrar’s signature)

No. 22

Warrant of Prohibitory

Injunction in cases of personal

separation restraining the other spouse.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS the attached application has been filed and it

contains the elements required according to law for the issue of the

orders herein contained;

You are, therefore, on the said application, hereby ordered that,

by delivering a copy of this warrant to respondent, you shall

restrain such respondent from selling, alienating, transferring or

disposing inter vivos by onerous or gratuitous title any

shareholding in any commercial partnership if such shareholding is

comprised in the community of acquests, and from contracting any

debt or suretyship which is a charge on the community of acquests;

You are enjoined to notify the respondent that this warrant does

not apply to the constitution of any right on, or alienation or

transfer of, any property made pursuant to a court order;

You are further ordered to execute this warrant forthwith and to

restrain the respondent from carrying out those things mentioned in

the said application which are prejudicial to the applicant, under

the penalties established for contempt of Court;

And, after execution, or upon meeting any obstacle in the

execution hereof, you shall forthwith report to the Court.

Given by the name (name of Court)

and witnessed by

Doctor of Laws,

of this Court.

This,

day of

0.23 cents

No. 22A

Warrant of Prohibitory

Injunction in cases of divorce

restraining the other spouse.

In (here insert name of Court)

(Applicant) ......................................

versus

(Respondent) ......................................

Application of

Respectfully sheweth and confirms on oath: -

That the applicant (here insert "has brought" or "intends to

bring") before the court of contentious jurisdiction a suit for

divorce;

That in order to secure his rights the applicant desires the court

to issue a warrant of prohibitory injunction against the respondent

(a) restraining the said respondent from selling,

alienating, transferring or disposing inter vivos

whether by onerous or gratuitous title any

shareholding in any commercial partnership if such

shareholding is comprised in the community of

acquests, and in particular (here insert particulars of

the commercial partnership/s); and

(b) restraining the respondent from contracting any debt

or suretyship which is a charge on the community of

acquests; Wherefore, the applicant respectfully

requests that this Court orders the issue of the relative

warrant of prohibitory injunction against the

respondent.

Advocate

Legal Procurator

This,

day of

Confirmed on oath before me, after I have read to him the

contents, and in the presence of

witness to identity,

and filed by

(Registrar’s signature)

No. 22A

Warrant of Prohibitory

Injunction in cases of divorce

restraining the other spouse.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS the attached application has been filed and it

contains the elements required according to law for the issue of the

orders herein contained;

You are, therefore, on the said application, hereby ordered that,

by delivering a copy of this warrant to respondent, you shall

restrain such respondent from selling, alienating, transferring or

disposing inter vivos by onerous or gratuitous title any

shareholding in any commercial partnership if such shareholding is

comprised in the community of acquests, and from contracting any

debt or suretyship which is a charge on the community of acquests;

You are enjoined to notify the respondent that this warrant does

not apply to the constitution of any right on, or alienation or

transfer of, any property made pursuant to a court order;

You are further ordered to execute this warrant forthwith and to

restrain the respondent from carrying out those things mentioned in

the said application which are prejudicial to the applicant, under

the penalties established for contempt of Court;

And, after execution, or upon meeting any obstacle in the

execution hereof, you shall forthwith report to the Court.

Given by the name (name of Court)

and witnessed by

Doctor of Laws,

of this Court.

This,

day of

0.23 cents

No. 23

Warrant of Prohibitory

Injunction in cases of

personal separation restraining

a commercial partnership.

In (here insert name of Court)

(Applicant) ......................................

versus

(Respondent) ......................................

Application of

Respectfully sheweth and confirms on oath

That the applicant (insert here "has brought" or "intends to

bring") before the court of contentious jurisdiction a suit for

personal separation;

That the respondent has a majority shareholding, pertaining to

the community of acquests in the commercial partnership/s (here

insert particulars of the commercial partnership/s);

That in order to secure his rights, the applicant desires the Court

to issue against the said commercial partnership/s a warrant of

prohibitory injunction restraining it/them from selling, alienating,

transferring or otherwise disposing by onerous or gratuitous title,

any immovable property or rights annexed thereto owned by the

commercial partnership/s, and in particular (here insert particulars

of immovables as required by the Public Registry Act)

Wherefore, the applicant respectfully requests that this Court

orders the issue of a warrant of prohibitory injunction against the

said commercial partnership/s.

Advocate

Legal Procurator

This,

day of

Confirmed on oath before me, after I have read to him the

contents, and in the presence of

witness to identity, and

filed by

(Registrar’s signature)

No. 23

Warrant of Prohibitory

Injunction in cases of personal

separation restraining a

commercial partnership.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS the attached application has been filed and it

contains the elements required according to law for the issue of the

orders herein contained;

You are, therefore, in the said application, hereby ordered that,

by delivering a copy of this warrant to (here insert particulars of

t h e c o m m e rc i a l p a r t n e r s h i p / s ) , y o u s h a l l r e s t r a i n t h e s a i d

commercial partnership/s from selling, alienating, transferring or

otherwise disposing by onerous or gratuitous title, any immovable

property or rights annexed thereto owned by the said commercial

partnership/s;

You are enjoined to notify the respondent that this warrant does

not apply to the constitution of any right on, or alienation or

transfer of any property made pursuant to a court order;

You are further ordered to execute this warrant forthwith and to

restrain the said commercial partnership/s from carrying out those

things mentioned in the said application which are prejudicial to

the applicant, under the penalties established for contempt of

Court;

And, after execution, or upon meeting any obstacle in the

execution hereof, you shall forthwith report to the Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of this Court

This,

day of

0.23 cents

No. 23A

Warrant of Prohibitory

Injunction in cases of

divorce restraining

a commercial partnership.

In (here insert name of Court)

(Applicant) ......................................

versus

(Respondent) ......................................

Application of

Respectfully sheweth and confirms on oath

That the applicant (insert here "has brought" or "intends to

bring") before the court of contentious jurisdiction a suit for

divorce;

That the respondent has a majority shareholding, pertaining to

the community of acquests in the commercial partnership/s (here

insert particulars of the commercial partnership/s);

That in order to secure his rights, the applicant desires the Court

to issue against the said commercial partnership/s a warrant of

prohibitory injunction restraining it/them from selling, alienating,

transferring or otherwise disposing by onerous or gratuitous title,

any immovable property or rights annexed thereto owned by the

commercial partnership/s, and in particular (here insert particulars

of immovables as required by the Public Registry Act)

Wherefore, the applicant respectfully requests that this Court

orders the issue of a warrant of prohibitory injunction against the

said commercial partnership/s.

Advocate

Legal Procurator

This,

day of

Confirmed on oath before me, after I have read to him the

contents, and in the presence of

witness to identity, and

filed by

(Registrar’s signature)

No. 23A

Warrant of Prohibitory

Injunction in cases of divorce

restraining a commercial partnership.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS the attached application has been filed and it

contains the elements required according to law for the issue of the

orders herein contained;

You are, therefore, in the said application, hereby ordered that,

by delivering a copy of this warrant to (here insert particulars of

t h e c o m m e rc i a l p a r t n e r s h i p / s ) , y o u s h a l l r e s t r a i n t h e s a i d

commercial partnership/s from selling, alienating, transferring or

otherwise disposing by onerous or gratuitous title, any immovable

property or rights annexed thereto owned by the said commercial

partnership/s;

You are enjoined to notify the respondent that this warrant does

not apply to the constitution of any right on, or alienation or

transfer of any property made pursuant to a court order;

You are further ordered to execute this warrant forthwith and to

restrain the said commercial partnership/s from carrying out those

things mentioned in the said application which are prejudicial to

the applicant, under the penalties established for contempt of

Court;

And, after execution, or upon meeting any obstacle in the

execution hereof, you shall forthwith report to the Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of this Court

This,

day of

0.23 cents

No. 24

Warrant of Prohibitory

Injunction restraining a

person from taking a minor

outside Malta.

In (here insert name of Court)

(Applicant) ......................................

versus

(Respondent) ......................................

Application of

Respectfully sheweth and confirms on oath: -

That the applicant has an interest that the minor, hereinafter

indicated, be not taken outside Malta;

That the respondent/s is/are the persons having, or who might

have, the legal or actual custody of the said minor;

Wherefore, the applicant respectfully requests that this Court

orders the issue of a warrant of prohibitory injunction against the

respondent/s enjoining him/them not to take, or allow anybody to

take, the said minor out of Malta;

Particulars of the minor: (here insert the name and surname of

the minor and any other particulars, including the date and place

of birth and the names of the parents for establishing the identity of

the minor)

Advocate

Legal Procurator

This,

day of

Confirmed on oath before me, after I have read to him the

contents, and in the presence of

witness to identity, and

filed by

(Registrar’s signature)

No. 24

Warrant of Prohibitory

Injunction restraining a

person from taking a minor

outside Malta.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS the attached application has been filed and it

contains the elements required according to law for the issue of the

orders herein contained;

You are, therefore, on the said application, hereby ordered that,

by delivery a copy of this warrant to the respondent/s, you shall

restrain the respondent/s not to take, or allow anyone to take, the

said minor out of Malta, under the penalties for contempt of Court;

You are further ordered to enjoin, by the delivery of a copy

hereof, the officer entrusted with the delivery of passports not to

issue or deliver any passport in respect of the said minor and not to

include the name of the minor in the passport of the minor’s legal

representatives or in the passport of any other person, and, if before

the service of this warrant on the officer charged with the issue of

passports, a passport in respect of the minor has already been

issued or the name of the minor has already been included in the

passport of another person, to enjoin such officer to take the

necessary steps to withdraw the passport in respect of the minor,

and of any other passport which includes the name of the minor,

and to delete the name of the minor from such passport, under the

said penalty, and to enjoin, by delivery of another copy hereof, the

Commissioner of Police not allow the said minor to leave Malta,

under the said penalty;

Lastly, you are notified that this warrant shall, in default of

further orders of this Court, cease to have effect in one year’s time

from this day;

And, after execution, or upon meeting any obstacle in the

execution hereof, you shall forthwith report to the Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of this Court.

This,

day of

0.23 cents

No. 25

Warrant of Prohibitory

Injunction (claim exceeding

€11,646.86).

In (here insert name of Court)

(Applicant) ......................................

versus

(Respondent) ......................................

Application of

Respectfully sheweth and confirms on oath:-

That the applicant, in order to secure his credit mentioned

against the respondent, respectfully requests that this Court orders

the issue of a warrant of prohibitory injunction against respondent

restraining him from selling, alienating, transferring or disposing

inter vivos whether by onerous or gratuitous title any property and

in particular (here insert particulars of immovables as required by

the Public Registry Act)

Wherefore, the applicant respectfully requests that this Court

orders the issue of the relative warrant of prohibitory injunction

against the respondent.

Credit

Title

Advocate

Legal Procurator

This,

day of

Confirmed on oath before me, after I have read to him the

contents, and in the presence of

witness to identity, and

filed by

(Registrar’s signature)

No. 25

Warrant of Prohibitory

Injunction (claim exceeding

€11,646.86).

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS the attached application has been filed and it

contains the elements required according to law for the issue of the

orders herein contained;

You are, therefore, on the said application, hereby ordered that,

by delivering a copy of this warrant to the respondent, you shall

restrain such respondent from selling, alienating, transferring or

disposing inter vivos by onerous or gratuitous title any property;

You are enjoined to notify the respondent that this warrant does

not apply to the constitution of any right on, or alienation or

transfer of any property made pursuant to a court order;

You are further ordered to execute this warrant forthwith and to

restrain the respondent from carrying out those things mentioned in

the said application which are prejudicial to the applicant, under

the penalties established for contempt of Court;

And, after execution, or upon meeting any obstacle in the

execution thereof, you shall forthwith report to the Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of this Court.

This,

day of

0.23 cents

No.26

Court order to perform

the function of Judicial Assistant.

REPUBLIC OF MALTA

To Doctor of Laws ..................................Judicial Assistant.

Whereas it is required that in a cause before the (insert name of

Court)..................................Summons No ...............................

between plaintiff ..............................................

and defendant ...............................................

it is necessary to appoint a Judicial Assistant therein and in

particular to

*

(a) ascertain and establish the issues of fact or of law involved

in the cause, as well as the issues of fact or of law on which the

parties agree, and to endeavour to induce the parties to reach an

agreement on the issues involved in the cause, and to make a report

thereof to the said Court;

* (b) take the testimony of any person that is produced as a

witness;

* (c) take any affidavit on any matter;

* (d) receive documents produced with any testimony, affidavit

or declaration, including in particular a testimony, affidavit or

declaration as is referred to in the Code of Organization and Civil

Procedure;

*(e) .............................................................................

You are, therefore, hereby ordered that in terms of the

provisions of article 97A of the Code of Organization and Civil

Procedure, you will perform the functions of Judicial Assistant in

the aforementioned cause with all the powers given to you by law,

and in such manner that a first sitting should be held on the

................ day of ........................ 20 ....... at ........ a.m/p.m. at

.................... and that you will thereafter file before this Court your

report and the evidence received, if any, by not later than the date

of the first sitting before this same Court.

Judge of the said Court

This ............................ day of ....................... 20

0.23 cents

*Strike out where not applicable

No. 27

Notice of hearing of

proceedings/evidence

before a Judicial Assistant.

REPUBLIC OF MALTA

To .................................................

Marshall of the Courts.

Whereas in a cause before the (insert name of Court)

......................... Summons No .....................

between plaintiff .....................................................................

and defendant ..........................................................................

the Court has appointed Doctor of Laws................................

to perform the functions of a Judicial Assistant therein and in particular

to

*

(a) ascertain and establish the issues of fact or of law involved in

the cause, as well as the issues of fact or of law on which the parties

agree, and to endeavour to induce the parties to reach an agreement on

the issues involved in the cause, and to make a report thereof to the said

Court;

*(b) take the testimony of any person that is produced as a witness;

*

(c) take any affidavit on any matter;

* (d) receive documents produced with any testimony, affidavit or

declaration, including in particular a testimony, affidavit or declaration

as is referred to in the Code of Organization and Civil Procedure ;

*(e) ...............................................................................

And whereas the said Court has appointed the ....................

day of ............................20 ....... at ..................a.m/p.m.

for the hearing of proceedings/evidence at .................................

before the above stated Judicial Assistant;

Wherefore you are ordered that by the delivery of a copy hereof

both to the aforesaid plaintiff and defendant or their agent, according to

law, you summon them to appear on the day and at the place and time

aforesaid before the above stated Judicial Assistant, on which day the

proceedings/evidence will be heard and a report thereon made to the

Court.

You are further ordered to warn in the same manner the aforesaid

plaintiff and defendant that, should they fail to appear on the day, at the

place and time aforesaid, or on any subsequent day as may be

determined by the said Judicial Assistant, a report thereof shall be made

to the said court which shall take such action thereon according to law.

And after execution, or upon your meeting with any obstacle in the

said service, you shall report forthwith to the above mentioned Judicial

Assistant.

Doctor of Laws

Judicial Assistant

of the said Court.

This ................................................. day of ..................... 20 ......

0.23 cents

*Strike out where not applicable

No. 28

A Summons Order

given by a

Judicial Assistant.

REPUBLIC OF MALTA

In (here insert name of Court)

Summons No...............................

pending before Doctor of Laws

a Judicial Assistant, in the cause

vs.

To the witness: ...........................................................

Address: ....................................................................

By virtue of the powers given to me by sub-article (4) of article

97A of the Code of Organization and Civil Procedure, you are hereby

being ordered to appear before me on the day and at the place and

time hereunder mentioned to give evidence in the aforementioned

cause

Date and time: .............................................................

Place where to attend: ...................................................

Documents to be produced: ............................................

You are hereby warned that should you fail to appear on the day

and at the time and place hereabove mentioned, you may be liable

to the penalties established for contempt of court, and you may be

compelled to appear before me by an order of escort or of arrest,

and you shall be liable to all the other consequences to which,

according to the Code of Organization and Civil Procedure, you may

be liable for such disobedience.

Doctor of Laws

Judicial Assistant

of the said Court

This .............................day of .................... 20 ....

0.23 cents

No. 29

A Subpoena order

Ad Testificandum and

Duces Tecum before a

Judicial Assistant.

In (here insert name of Court)

Summons No...............................

pending before Doctor of Laws

a Judicial Assistant, in the cause

vs.

Application of.................................................................................

Respectfully requests the issue of a subpoena order in the above

stated cause against the person mentioned hereunder to attend for

the sitting and at the time stated hereunder, and to bring with him

the documents hereunder mentioned

Person summoned to attend as witness: ........................................

Address:.......................................................................................

Date, time and place where witness is to attend: .........................

Documents to be brought by witness:...........................................

Advocate: ..................................................................................

Legal Procurator: .......................................................................

This ............................................. day of .................. 20 ......

Filed by............................................................................

(Registrar's signature)

0.23 cents

REPUBLIC OF MALTA

AN ORDER MADE BY THE JUDICIAL ASSISTANT

To the witness/witnesses whose name/s appear/s in the application

By virtue of the powers given to me by sub-article (4) of article

97A of the Code of Organization and Civil Procedure, I am hereby

ordering each person whose name appears as a witness in the

application to appear before me on the day and at the place and

time mentioned therein to give evidence in the cause mentioned

therein.

Each witness is hereby being warned that should he fail to

appear on the day and at the time and place mentioned therein, he

may be compelled to appear before me by an order of escort or of

arrest, and he shall be liable to all the other consequences to which,

according to the Code of Organization and Civil Procedure, he may

be liable for such disobedience.

Doctor of Laws

Judicial Assistant

This ............................................. day of ................... 20 ......

0.23 cents

No. 30

Escort Order issued by

a Judicial Assistant against

a person failing to attend

on subpoena.

REPUBLIC OF MALTA

AN ORDER MADE BY A JUDICIAL ASSISTANT

In (here insert name of Court)

Summons No...............................

pending before Doctor of Laws

a Judicial Assistant, in the cause

vs.

To Marshal of the Courts.

Whereas it had been ordered by me on the ..............................

that ........................................................ should attend before me

as a witness on the day and at the place mentioned in the order;

And whereas the same person has failed to attend as ordered;

Wherefore, after having seen the provisions of sub-article (4) of

article 97A of the Code of Organization and Civil Procedure, I am

hereby ordering you to bring before me the said person, and to keep

him/her until he/she shall give his/her evidence, at the place and

time mentioned hereunder, or until I shall give you another order.

Date and time: ....................................................................

Place where witness is to attend: ...........................................

Documents to be brought by witness ......................................

Doctor of Laws

Judicial Assistant

This ..................................... day of ............. 20 .........

Address of witness: .........................................................

0.23 cents

Form No. 31

Application No.: ............

Issue

This ...........................

Service

Filled by: .....................

Copy

Registrar

COURT OF MAGISTRATES (MALTA)

COURT OF MAGISTRATES (GOZO)

--

NOTICE

You are hereby requested to appear before the above-mentioned

Court on

at

in order to answer why

and to state why you should not be condemned

and, should you fail to appear on the date and at the time above-

mentioned, the Court shall decide the case in terms of law.

Issued on ......................

Registrar

Form No. 32

Warrant of Arrest of Sea Vessels

over ten (10) metres in length (Precautionary)

In ..............................

Warrant No. .......................

Applicant…….....................

vs

Respondent ......

Application of .................................................................................

It is being respectfully submitted and confirmed on oath by .........:-

That the applicant seeks to safeguard a debt or a claim, whether in

personam or in rem, which could be frustrated by the departure of

the sea vessel indicated in this application;

That the debt or claim is the following:-

That the details of the said sea vessel of which the arrest is being

requested, are the following:-

- Name:- ..........................................................................................

- Identification details of the sea vessel

1.

2.

3.

4. - Place where the said vessel is to be found ....................................

- Authority: Authority for Transport in Malta ................................

That the details of the person being indicated by the applicant to

effect service of a copy of this warrant in accordance to sub-article

(3) of article 856 are the following:-

Full name of individual or company name: .................

Identity card number or company registration number: .......

Address: .............................................

That the applicant confirms that the above-mentioned person has

accepted to effect the said service.

That by the departure of the said sea vessel from Malta, the debt or

claim of the applicant may be evaded;

Therefore, the applicant respectfully requests that this Honourable

Court orders the issue of a Warrant of Arrest of Sea Vessels against

the said sea vessel for the herein mentioned credit and with the

costs of this procedure.

Advocate

Legal

Procurator

Confirmed on oath before me after having read to him or her the

contents.

Filed by:-

Deputy Registrar

No. 32

Warrant of Arrest of Seagoing Vessels

over ten (10) metres in length (Precautionary)

Court Order

Republic of Malta

Warrant No. ..................................................

Whereas the attached said application has been filed and there exist

sufficient grounds according to law for the issuance of the Warrant

of Arrest of Seagoing Vessels;

This Court thus:-

Orders the Authority for Transport in Malta or any other authority

so designated by the Minister in accordance with article 857 of the

Code of Organization and Civil Procedure (Cap. 12), which has in

its hands or under its control the seagoing vessel against which

such warrant of arrest is being issued, to seize the vessel and not

release such sea vessel or allow the debtor to divest himself in any

way from the same vessel, in whole or in part, or to give or

surrender to any person any rights on the same;

Orders the same authority to take all necessary measures to display

the court order for the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it

forthwith on the authority which has in its hands or under its

control the seagoing vessel against which such warrant of arrest is

being issued, and on the person indicated by the applicant to effect

service of a copy of the warrant in accordance to sub-article (3) of

article 856 unless the person is not the same Executive Officer who

is executing this warrant;

Orders that person indicated by the applicant to effect service of a

copy of the warrant in accordance to sub-article (3) of article 856

on the person whose ship or vessel is arrested, the master or other

person in charge of such ship or vessel, and to elevate the

appropriate documentation and certification from on board the ship

or vessel, which documentation and certification shall within one

(1) working day, be handed over to the Registrar, Civil Courts and

Tribunals, by the person indicated by the applicant.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the above-mentioned Court.

Today,

day of

Form No. 33

Executive Warrant of Arrest of Sea Vessels

over ten (10) metres in length

Before ..............................

Warrant No. ............................

Applicant .......................

vs

Respondent .......................

Application of .................................................................................

It is being respectfully submitted:-

That the applicant is in possession of an executive title and wishes

to enforce same on the sea vessel hereunder indicated, the

execution of which title could be frustrated by the departure of the

sea vessel indicated in this application;

That the executive title is the following:-

That the details of the said sea vessel of which the arrest is being

requested, are the following:-

- Name:- ..........................................................................................

- Identification details of the sea vessel:-

1.

2.

3.

4. - Place where the said vessel is to be found ...........................

- Authority: Authority for Transport in Malta ........................

That the details of the person being indicated by the applicant to

effect service of a copy of this warrant in accordance to sub-article

(3) of article 856 are the following:-

Full name of individual or company name: ....................

Identity card number or company registration number: ......

Address: ...................................................................

That the applicant confirms that the above-mentioned person has

accepted to effect the said service.

Therefore, the applicant respectfully requests that this Honourable

Court orders the issue of an Executive Warrant of Arrest of Sea

Vessels against the said sea vessel for the herein mentioned credit

and for the costs of this procedure and (1) order the sale of the said

vessel or (2) fix a time-limit within which the respondent shall pay

the amount due as this Court deems appropriate.

Advocate

Legal

Procurator

Filed by:- ......................................................................

Deputy

Registrar

No. 33

Executive Warrant of Arrest of Sea Vessels

over ten (10) metres in length

(Order for Payment)

Court Order

Republic of Malta

Warrant No. .....................................................................................

Whereas the attached said application has been filed and there exist

sufficient grounds according to law for the issuance of the order

herein contained;

This Court thus:-

Orders the respondent to pay the amount due as requested within

.... days, and the present warrant shall remain in force definitively

until payment of the full amount is effected;

Orders the Authority for Transport in Malta or any other authority

so designated by the Minister and which has in its hands or under

its control the seagoing vessel against which such warrant of arrest

is being issued, to seize the vessel and not release such sea vessel

or allow the debtor to divest himself in any way from the same

vessel, in whole or in part, or to give or surrender to any person any

rights on the same;

Orders the same authority to take all necessary measures to display

the court order for the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it

forthwith on the authority which has in its hands or under its

control the seagoing vessel against which such warrant of arrest is

being issued, and on the person indicated by the applicant to effect

service of a copy of the warrant in accordance to sub-article (3) of

article 856 unless this person is not the same Executive Officer

who is executing this warrant;

Orders that person indicated by the applicant to effect service of a

copy of the warrant in accordance to sub-article (3) of article 856

on the person whose ship or vessel is arrested, the master or other

person in charge of such ship or vessel, and to elevate the

appropriate documentation and certification from on board the ship

or vessel, which documentation and certification shall within one

(1) working day, be handed over to the Registrar, Civil Courts and

Tribunals, by the person indicated by the applicant.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the above-mentioned

Court.

Today,

day of

No. 33

Executive Warrant of Arrest of Sea Vessels

over ten (10) metres in length

(Order of Judicial sale, by auction -

given after issuance of an Order for Payment)

Court Order

Republic of Malta

Warrant No. .................................................

Whereas the attached said application has been filed and there exist

sufficient grounds according to law for the issuance of the order

herein contained;

This Court thus:-

Orders the sale by judicial auction of the said vessel as indicated in

the primary application;

Orders the Registrar to appoint experts in terms of article 89 of the

Code of Organization and Civil Procedure (Cap. 12) as may be

required;

Sets the day, time and place of the judicial sale of the vessel as

being the following:-

Orders the Executive Officer to execute this warrant by notifying

forthwith this warrant to the authority which has in its hands or

under its control the seagoing vessel against which such warrant of

arrest is being issued, and to the person indicated by the applicant

in accordance with sub-article (3) of article 856 unless this person

is not the same Executive Officer who is executing this warrant;

Orders that person indicated by the applicant to effect service of a

copy of this warrant in accordance to sub-article (3) of article 856

on the person whose ship or vessel is arrested, the master or other

person in charge of such ship or vessel following which he shall

personally inform the Registrar, Civil Courts and Tribunals, of his

endeavours.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the above-mentioned

Court.

Today,

day of

No. 33

Executive Warrant of Arrest of Sea Vessels

over ten (10) metres in length

(Order of Judicial sale, by auction -

given without the issuance of an Order for Payment)

Court Order

Republic of Malta

Warrant No. .....................................................................................

Whereas the attached said application has been filed and there exist

sufficient grounds according to law for the issuance of the order

herein contained;

This Court thus:-

Orders the sale by judicial auction of the said vessel as indicated in

the primary application;

Orders the Registrar to appoint experts in terms of article 89 of the

Code of Organization and Civil Procedure (Cap. 12) as may be

required;

Orders that the appraisals of the expert/s shall be filed within ......

days;

Orders the Authority for Transport in Malta or any other authority

so designated by the Minister and which has in its hands or under

its control the seagoing vessel against which such warrant of arrest

is being issued, to seize the vessel and not release such sea vessel

or allow the debtor to divest himself in any way from the same

vessel, in whole or in part, or to give or surrender to any person any

rights on the same;

Orders the same authority to take all necessary measures to display

the court order for the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it

forthwith on the authority which has in its hands or under its

control the seagoing vessel against which such warrant of arrest is

being issued, and on the person indicated by the applicant to effect

service of a copy of the warrant in accordance to sub-article (3) of

article 856 unless this person is not the same Executive Officer

who is executing this warrant;

Orders that person indicated by the applicant to effect service of a

copy of the warrant in accordance to sub-article (3) of article 856

on the person whose ship or vessel is arrested, the master or other

person in charge of such ship or vessel, and to elevate the

appropriate documentation and certification from on board the ship

or vessel, which documentation and certification shall within one

(1) working day, be handed over to the Registrar, Civil Courts and

Tribunals, by the person indicated by the applicant;

Sets the day, time and place of the judicial sale of the vessel as

being the following:-

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the above-mentioned

Court.

Today,

day of

20. Form No. 34

Warrant of Arrest of an Aircraft

in security of a debt or any other claim

amounting to not less than seven thousand euro

(PRECAUTIONARY)

Before ................................

Warrant No. ...........................

Applicant .................................

vs

Respondent ..............................

Application of ............................................................

It is being respectfully submitted and confirmed on oath by

.................................................................................................:-

That the applicant seeks to safeguard a debt or a claim, whether

in personam or in rem, which could be frustrated by the departure

of the aircraft indicated in this warrant;

That the claim or debt is the following:-

That the details of the said aircraft are the following:-

-

Name:- ..............................................................................

-

Identification details of the aircraft

1. ...............................................................................................

2. ...............................................................................................

3. ...............................................................................................

4. ...............................................................................................

-

Place where the said aircraft is to be found ........................

-

Authority: Authority for Transport in Malta ....................

That by the departure of the said aircraft from Malta, the debt or

claim of the applicant may be evaded;

Therefore, the applicant respectfully requests that this Court

orders the issue of a Warrant of Arrest of an Aircraft against the

said aircraft for the herein mentioned credit and for the costs of this

procedure.

Advocate

Legal Procurator

Confirmed on oath before me after having read to him/her the

contents, and filed by:-

Form No. 34

Warrant of Arrest of an Aircraft

in security of a debt or any other claim

amounting to not less than seven thousand euro

(PRECAUTIONARY)

Court Order

Republic of Malta

Warrant No ..................................................

Whereas the attached application has been filed and there exist

sufficient grounds according to law for the issuance of the Warrant

of Arrest of an Aircraft;

The Court thus:-

Orders the Authority for Transport in Malta or any other

authority so designated by the Minister and which has in its hands

or under its control the aircraft against which such warrant is being

issued, to seize the aircraft and not release such aircraft or allow

the debtor to divest himself in any way of the same in whole or in

part or to give or surrender to any person any rights on the same;

Orders the same authority to take all necessary measures to

display the court order for the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it

on the executive officer of the authority which has in its hands or

under its control the aircraft against which such warrant is being

issued;

Orders the Executive Officer to serve a copy of the warrant on

the person whose aircraft is arrested, the commander or other

person in charge of such aircraft or the agent of such aircraft;

Orders the Executive Officer to take all necessary actions to

ensure the execution of this warrant, including the seizure and

removal of all travel documentation of the same aircraft.

Given by the Court

Today

Form No. 35

EXECUTIVE WARRANT of Arrest of an Aircraft

in security of a debt or any other claim

amounting to not less than seven thousand euro

Before .................................. Warrant No. .............................

Applicant .................................

vs

Respondent ..............................

Application of ............................................................

It is being respectfully submitted and confirmed on oath by

.................................................................................................:-

That the applicant is in possession of an executive title and

wishes to enforce same on the aircraft hereunder indicated, the

execution of which title could be frustrated by the departure of the

aircraft indicated in this warrant;

That the executive title is the following:-

That the details of the said aircraft are the following:-

-

Name:- ..............................................................................

-

Identification details of the aircraft

1. ...............................................................................................

2. ...............................................................................................

3. ...............................................................................................

4. ...............................................................................................

-

Place where the said aircraft is to be found ........................

-

Authority: Authority for Transport in Malta ....................

-

Place where the said aircraft is to be found .......................

-

Authority: Authority for Transport in Malta ....................

Therefore, the applicant respectfully requests that this Court

orders the issue of an Executive Warrant of Arrest of an Aircraft

against the said aircraft for the herein mentioned credit and for the

costs of this procedure and (1) order the sale of the said aircraft or

(2) fix a time-limit within which the debtor is to pay the amount

due.

Advocate

Legal Procurator

Confirmed on oath before me after having read to him/her the

contents, and filed by:-

Form No. 35

EXECUTIVE WARRANT of Arrest of an Aircraft

in security of a debt or any other claim

amounting to not less than seven thousand euro

(Order for payment)

Court Order

Republic of Malta

Warrant No. .................................................

Whereas the attached application has been filed and there exist

sufficient grounds according to law for the issuance of the order

herein contained;

The Court thus:-

Orders the debtor to pay the amount due as requested within

........................... days, and that the present warrant shall remain in

force definitively until payment of the full amount is effected;

Orders the Authority for Transport in Malta or any other

authority so designated by the Minister and which has in its hands

or under its control the aircraft against which such warrant is being

issued, to seize the aircraft and not release such aircraft or allow

the debtor to divest himself in any way of the same in whole or in

part or to give or surrender to any person any rights on the same;

Orders the same authority to take all necessary measures to

display the court order for the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it

on the executive officer of the authority which has in its hands or

under its control the aircraft against which such warrant is being

issued;

Orders the Executive Officer to serve a copy of the warrant on

the person whose aircraft is arrested, the commander or other

person in charge of such aircraft or the agent of such aircraft;

Orders the Executive Officer to take all necessary actions to

ensure the execution of this warrant, including the seizure and

removal of all travel documentation of the same aircraft.

Given by the Court

Today

Form No. 35

EXECUTIVE WARRANT of Arrest of an Aircraft

in security of a debt or any other claim

amounting to not less than seven thousand euro

(Order of Judicial sale -

given after issuance of an Order for payment)

Court Order

Republic of Malta

Warrant No .................................................

Whereas the attached application has been filed and there exist

sufficient grounds according to law for the issuance of the order

herein contained;

The Court thus:-

Orders the sale by judicial auction of the said aircraft as

indicated in the application;

Orders the Registrar to appoint experts in terms of article 89 of

the Code of Organization and Civil Procedure (Cap. 12) as may be

required;

Sets the day, time and place of the judicial sale as being the

following:-

Orders the Registrar to notify this decree to the Authority for

Transport in Malta or any other authority so designated by the

Minister and which has in its hands or under its control the aircraft

against which such warrant is being issued as well as on the person

whose aircraft is arrested, the commander or other person in charge

of the aircraft or the agent of such aircraft.

Given by the Court

Today

Form No. 35

EXECUTIVE WARRANT of Arrest of an Aircraft

in security of a debt or any other claim

amounting to not less than seven thousand euro

(Order of Judicial sale -

without the issuance of an Order for payment)

Court Order

Republic of Malta

Warrant No .................................................

Whereas the attached application has been filed and there exist

sufficient grounds according to law for the issuance of the order

herein contained;

The Court thus:-

Orders the sale by judicial auction of the said aircraft as

indicated in the application;

Orders the Registrar to appoint experts in terms of article 89 of

the Code of Organization and Civil Procedure (Cap. 12) as may be

required;

Orders that the appraisals of the expert/s are to be filed within

...................... days;

Orders the Authority for Transport in Malta or any other

authority so designated by the Minister and which has in its hands

or under its control the aircraft against which such warrant is being

issued, to seize the aircraft and not release such aircraft or allow

the debtor to divest himself in any way of the same in whole or in

part or to give or surrender to any person any rights on the same;

Orders the same authority to take all necessary measures to

display the court order for the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it

on the executive officer of the authority which has in its hands or

under its control the aircraft against which such warrant is being

issued;

Orders the Executive Officer to take all necessary actions to

ensure the execution of this warrant, including the seizure and

removal of all travel documentation of the same aircraft.

Sets the day, time and place of the judicial sale as being the

following:-

Orders the Registrar to notify this decree to the Authority for

Transport in Malta or any other authority so designated by the

Minister and which has in its hands or under its control the aircraft

against which such warrant is being issued as well as to the person

whose aircraft is arrested, the commander or other person in charge

of such aircraft or the agent of such aircraft.

Given by the Court

Today

Form No. 36

Warrant of Arrest of an Aircraft

in security of a debt or any other claim

amounting to not less than one million euro

(PRECAUTIONARY)

Before .................................. Warrant No. .............................

Applicant .................................

vs

Respondent ..............................

Application of ............................................................

It is being respectfully submitted and confirmed on oath by

.................................................................................................:-

That the applicant seeks to safeguard a debt or a claim, whether

in personam or in rem, which could be frustrated by the departure

of the aircraft indicated in this warrant;

That the claim or debt is the following:-

That the details of the said aircraft are the following:-

-

Name:- ..............................................................................

-

Identification details of the aircraft

1. ...............................................................................................

2. ...............................................................................................

3. ...............................................................................................

4. ...............................................................................................

-

Place where the said aircraft is to be found ........................

-

Authority: Authority for Transport in Malta .....................

That by the departure of the said aircraft from Malta, the debt or

claim of the applicant may be evaded;

Therefore, the applicant respectfully requests that this Court

orders the issue of a Warrant of Arrest of an Aircraft against the

said aircraft for the herein mentioned credit and for the costs of this

procedure.

Advocate

Legal Procurator

Confirmed on oath before me after having read to him/her the

contents, and filed by:-

Form No. 36

Warrant of Arrest of an Aircraft

in security of a debt or any other claim

amounting to not less than one million euro

(PRECAUTIONARY)

Court Order

Republic of Malta

Warrant No ..................................................

Whereas the attached application has been filed and there exist

sufficient grounds according to law for the issuance of the Warrant

of Arrest of an Aircraft;

The Court thus:-

Orders the Authority for Transport in Malta or any other

authority so designated by the Minister and which has in its hands

or under its control the aircraft against which such warrant is being

issued, to seize the aircraft and not release such aircraft or allow

the debtor to divest himself in any way of the same in whole or in

part or to give or surrender to any person any rights on the same;

Orders the same authority to take all necessary measures to

display the court order for the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it

on the executive officer of the authority which has in its hands or

under its control the aircraft against which such warrant is being

issued;

Orders the Executive Officer serve a copy of the warrant on the

person whose aircraft is arrested, the commander or other person in

charge of such aircraft or the agent of such aircraft;

Orders the Executive Officer to take all necessary actions to

ensure the execution of this warrant, including the seizure and

removal of all travel documentation of the same aircraft.

Given by the Court

Today

Form No. 37

EXECUTIVE WARRANT of Arrest of an Aircraft

in security of a debt or any other claim

amounting to not less than one million euro

Before .................................. Warrant No. .............................

Applicant .................................

vs

Respondent ..............................

Application of ............................................................

It is being respectfully submitted and confirmed on oath by

.................................................................................................:-

That the applicant is in possession of an executive title and

wishes to enforce same on the aircraft hereunder indicated, the

execution of which title could be frustrated by the departure of the

aircraft indicated in this warrant;

That the executive title is the following:-

That the details of the said aircraft are the following:-

-

Name:- ..............................................................................

-

Identification details of the aircraft

1. ...............................................................................................

2. ...............................................................................................

3. ...............................................................................................

4. ...............................................................................................

-

Place where the said aircraft is to be found ........................

-

Authority: Authority for Transport in Malta .....................

Therefore, the applicant respectfully requests that this Court

orders the issue of an Executive Warrant of Arrest of an Aircraft

against the said aircraft for the herein mentioned credit and for the

costs of this procedure and (1) order the sale of the said aircraft or

(2) fix a time-limit within which the debtor is to pay the amount

due.

Advocate

Legal Procurator

Confirmed on oath before me after having read to him/her the

contents, and filed by:-

Form No. 37

EXECUTIVE WARRANT of Arrest of an Aircraft

in security of a debt or any other claim

amounting to not less than one million euro

(Order for payment)

Court Order

Republic of Malta

Warrant No. .................................................

Whereas the attached application has been filed and there exist

sufficient grounds according to law for the issuance of the order

herein contained;

The Court thus:-

Orders the debtor to pay the amount due as requested within

............................... days, and the present warrant shall remain in

force definitively until payment of the full amount is effected;

Orders the Authority for Transport in Malta or any other

authority so designated by the Minister and which has in its hands

or under its control the aircraft against which such warrant is being

issued, to seize the aircraft and not release such aircraft or allow

the debtor to divest himself in any way from the same in whole or

in part or to give or surrender to any person any rights on the same;

Orders the same authority to take all necessary measures to

display the court order for the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it

on the executive officer of the authority which has in its hands or

under its control the aircraft against which such warrant is being

issued;

Orders the Executive Officer serve a copy of the warrant on the

person whose aircraft is arrested, the commander or other person in

charge of such aircraft or the agent of such aircraft;

Orders the Executive Officer to take all necessary actions to

ensure the execution of this warrant, including the seizure and

removal of all travel documentation of the same aircraft.

Given by the Court

Today

Form No. 37

EXECUTIVE WARRANT of Arrest of an Aircraft

in security of a debt or any other claim

amounting to not less than one million euro

(Order of Judicial sale -

given after issuance of an Order for payment)

Court Order

Republic of Malta

Warrant No .................................................

Whereas the attached application has been filed and there exist

sufficient grounds according to law for the issuance of the order

herein contained;

The Court thus:-

Orders the sale by judicial auction of the said aircraft as

indicated in the application;

Orders the Registrar to appoint experts in terms of article 89 of

the Code of Organization and Civil Procedure (Cap. 12) as may be

required;

Sets the day, time and place of the judicial sale as being the

following:-

Orders the Registrar to notify this decree to the Authority for

Transport in Malta or any other authority so designated by the

Minister and which has in its hands or under its control the aircraft

against which such warrant is being issued as well as to the person

whose aircraft is arrested, the commander or other person in charge

of such aircraft or the agent of such aircraft.

Given by the Court

Today

Form No. 37

EXECUTIVE WARRANT of Arrest of an Aircraft

in security of a debt or any other claim

amounting to not less than one million euro

(Order of Judicial sale -

without the issuance of an Order for payment)

Court Order

Republic of Malta

Warrant No .................................................

Whereas the attached application has been filed and there exist

sufficient grounds according to law for the issuance of the order

herein contained;

The Court thus:-

Orders the sale by judicial auction of the said aircraft as

indicated in the application;

Orders the Registrar to appoint experts in terms of article 89 of

the Code of Organization and Civil Procedure (Cap. 12) as may be

required;

Orders that the appraisals of the expert/s are to be filed within

...................... days;

Orders the Authority for Transport in Malta or any other

authority so designated by the Minister and which has in its hands

or under its control the aircraft against which such warrant is being

issued, to seize the aircraft and not release such aircraft or allow

the debtor to divest himself in any way from the same in whole or

in part or to give or surrender to any person any rights on the same;

Orders the same authority to take all necessary measures to

display the court order for the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it

on the executive officer of the authority which has in its hands or

under its control the aircraft against which such warrant is being

issued;

Orders the Executive Officer to take all necessary actions to

ensure the execution of this warrant, including the seizure and

removal of all travel documentation of the same aircraft.

Sets the day, time and place of the judicial sale as being the

following:-

Orders the Registrar to notify this decree to the Authority for

Transport in Malta or any other authority so designated by the

Minister and which has in its hands or under its control the aircraft

against which such warrant is being issued as well as to the person

whose aircraft is arrested, the commander or other person in charge

of such aircraft or the agent of such aircraft.

Given by the Court

Today

Form No. 38

Warrant of Ejectment or Expulsion from Sea Vessels or Aircraft.

In (here insert name of Court)

(Applicant)............................................................................

Versus

(Respondent)............................................................................

Application of

Respectfully requests:-

That this Court orders the issue of a warrant of ejectment or

expulsion against the respondent, including any operator, lessee or

other occupants, including any members of their staff (from the herein

mentioned aircraft or sea vessel) in execution of the notice of

termination herein mentioned, whereas the respondent has so far failed

so to do.

Details of the Aircraft or Sea Vessel

Details Notice of Termination

Place where the said aircraft or sea vessel is to be found

Authority: Authority for Transport in Malta

Advocate

Legal Procurator

This,

day of

Filed by

(Registrar’s signature)

No. 38

Warrant of Ejectment or Expulsion from Sea Vessels or Aircraft.

Court Warrant

Republic of Malta

To Marshal of the Courts

WHEREAS by a notice of the termination of the lease, as stated in

the aforementioned application, respondent was condemned to quit the

said Aircraft or Sea Vessel, and whereas the said respondent has so far

failed to do so;

You are, therefore, on the said application, ordered to cause the

respondent to be actually ejected from the aircraft or sea vessel

mentioned in the application, leaving the same free in favour of the

said applicant, enjoining further the said respondent by delivering a

copy of the warrant, not to disturb the aforesaid applicant in the free

enjoyment of the said aircraft or sea vessel, under the penalties

established for contempt of court.

And after execution, or upon your meeting with any obstacle in the

execution hereof, you shall forthwith report to this Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws of the said

Court.

This,

day of

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 3 Superior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The superior courts are

(a) the Civil Court;

(b) the Court of Appeal; and

(c) the Constitutional Court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Schedule C — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

[A RTICLE 249]

(1) ..........................................................................Bank Ltd.

stands surety in solidum with appellant (2)...................................

for the costs of the appeal entered in the case (3)

........................................ up to the amount of (4)..........................

euro (€ ....... ) and this for the purpose and in terms of article 249 of

the Code of Organization and Civil Procedure, Cap. 12.

This suretyship shall remain in force up to six months from the

date on which the said appeal is decided, withdrawn or deemed

deserted and consequently it will lapse if no written demand arising

from this suretyship is made within the said period of six months.

Before effecting any payment under this suretyship, the Bank

may require the production of the Registrar’s declaration stating

the date on which the appeal has been decided, withdrawn or

deserted as well as of the necessary documentation in support of the

claim for payment.

Today the

day of

(5) ...........................

for

Bank Ltd.

(1) Name of Bank

(2) Details of application

(3) Details of appealed case

(4) Amount of surety

(5) Signatory of Bank

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 4 Inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The inferior courts are

(a) the Court of Magistrates (Malta) for the Island of

Malta;

(b) the Court of Magistrates (Gozo) for the Islands of

Gozo and Comino.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 5 Jurisdiction of superior and inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Save as otherwise provided by law, the jurisdiction of

the superior courts is general for Malta.

(2) The jurisdiction of the inferior courts is limited to

particular places.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 5A Extension of applicability to exclusive economic zone area or environment protection area. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of this Code and of any subsidiary legislation

made thereunder shall also apply, in accordance with the provisions of

the 1982 United Nations Convention on the Law of the Sea as ratified

by the Law of the Sea (Ratification) Act, to an exclusive economic

zone area or an environment protection area as defined in the

Exclusive Economic Zone Act. Any artificial island, installation,

structure, equipment or device therein shall, solely for the purposes of

this Code and any subsidiary legislation made thereunder, be treated as

if they were situated in Malta itself.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 6 Constitution of superior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Chief Justice and President of the Court of Appeal

and all other judges shall sit in the superior courts as by law

provided.

(2) Besides the Chief Justice, the judges of the Superior Courts

shall be thirteen or such greater number as the President of Malta

may by Order prescribe.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 7 Constitution of inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)

The magistrates shall sit in the inferior courts.

(2) The Chief Justice may designate one of the magistrates as

Senior Magistrate; such designation shall be for a specified time or

until another magistrate is so designated.

(3) Without prejudice to the provisions of this Code or of any

other law prescribing the court or courts in which a magistrate shall

sit, the Senior Magistrate shall perform such duties and functions as

may be assigned by the Chief Justice or as may be provided by any

law for the time being in force.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 8 Judges may not communicate with suitors, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Saving the cases expressly provided for in this Code,

the judges shall not, except in open court, either directly or

indirectly, hold any communication with any suitor in any of the

courts, or with any advocate, legal procurator, or other person on

behalf of such suitor, in regard to any suit which is pending at the

time, or is about to be commenced or prosecuted. Nor shall they,

without the permission of the President of Malta, first had and

obtained on an application to that effect, act as advocates or in any

case give counsel or advice in regard to any suit which they know

to be already commenced, or which they foresee as likely to

commence.

(2) The provisions contained in this article shall not apply in

the case of lawsuits concerning any of the parties mentioned in

article 734(a), (b), (c) and (e).

(3) Nothing in the preceding sub-article shall be deemed to

preclude a judge or magistrate from communicating with the

advocate or legal procurator of a party in connection with any

matter concerning the management of a cause pending before the

judge or magistrate

Provided that a magistrate shall not be debarred from

holding any communication for the purposes of any inquiry into

any criminal matter when such magistrate is holding an inquiry

under Title II of Part I of Book Second of the Criminal Code.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 9 Judges may not act as arbitrators etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Moreover, it shall not be lawful for any of the judges to act

as an arbitrator, or to accept any tutorship or other administration

except activities within the Judicial Studies Committee or such as

may be assigned to him by law.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 10 Oaths of allegiance and of office to be taken by judges. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The judges shall, before entering on the execution of

their office, take, before the President of Malta, the oath of

allegiance set out in the Constitution of Malta and the following

oath

Oath of Office

I........... do swear that I will faithfully perform the duties of

Judge without favour or partiality, according to justice and right,

and in accordance with the laws and customs of Malta, to the

honour of God and the Republic of Malta, and that I will not hold,

either directly or indirectly, any communication with any suitor in

any of the Courts, whether superior or inferior, his Advocates or

Legal Procurators, or with any other person on behalf of such

suitor, in regard to any suit pending or about to be commenced or

prosecuted in any of the said Courts, except in open court, saving

the cases expressly provided for by law; and that I will disclose in

open court, and make known to the President of Malta any such

communication as may be made to me. And I do further swear that I

will not act, either directly or indirectly, as an Advocate, or

arbitrator, nor give in any case counsel or advice to any person in

regard to any suit already commenced or to be commenced in any

of the said Courts, saving the cases excepted by law, without the

permission of the President of Malta first had and obtained upon an

application to that effect. So help me God.

(2) Where any communication as is referred to in the form of

oath contained in sub-article (1) consists in an anonymous letter or

in a letter the writer whereof cannot be readily identified, or where

any such communication contains insulting or offensive

expressions, the judge who received the communication need not

read out the communication in open court but may instead disclose

in open court the fact of such receipt and shall in any case make the

content thereof known to the President of Malta.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 11 Distribution of duties of judges. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The President of Malta shall assign to each of the

judges his duties by assigning to him the court or the chamber of

the court or section in which he is to sit ordinarily, and may transfer

a judge from one court or chamber or section of a court to another

Provided that a judge may be assigned to sit ordinarily in

more than one court or more than one chamber or section of one or

more courts.

(2) The President of Malta is also empowered to surrogate a

judge in case of a vacancy in the number of judges.

(3) Where more than one judge is assigned to sit ordinarily in a

court, or in a chamber or section of a court, the distribution of

duties in general between the said judges shall be made by the

Chief Justice, and the registrar shall assign cases and other judicial

acts to the judges as directed by the Chief Justice

Provided that, except where cases or judicial acts are

assigned according to general directives or according to rules made

pursuant to sub-article (6), where the Chief Justice may be

challenged or may abstain from taking cognizance of a case for any

of the reasons mentioned in article 734(1)(a), (b), (c), (d)(ii) and

(iii), (e) and (g), the assignement of such a case shall be made by

the Senior Administrative Judge referred to in sub-article (11).

(4) Whenever any judge, other than the Chief Justice, is

challenged or otherwise lawfully impeded, the Chief Justice shall

assign another judge to take cognizance of the case

Provided that, except where cases or judicial acts are

assigned according to general directives or according to rules made

pursuant to sub-article (6), where the Chief Justice may be

challenged or may abstain from taking cognizance of a case for any

of the reasons mentioned in article 734(1)(a), (b), (c), (d)(ii) and

(iii), (e) and (g), the assignement of a judge to take cognizance of

that case shall be made by the Senior Administrative Judge referred

to in sub-article (11).

(5) Without prejudice to the provisions of article 12(2), and

except where cases and judicial acts are assigned according to

general directives or according to rules made pursuant to sub-

article (6), where the Chief Justice is challenged or otherwise

lawfully impeded, the Senior Administrative Judge referred to in

sub-article (11) shall assign another judge to take cognizance of the

case.

(6) The Rule-Making Board established under article 29 may

make rules providing for the manner of the distribution of cases and

other judicial acts for the purposes of sub-articles (3), (4) and (5).

(7) Any assignement, transfer or subrogation made by the

President of Malta, and any distribution of duties in general, and

the assignment of cases pursuant to a challenge or abstention made

b y t h e C h i e f J u s t i c e o r, a s t h e c a s e m a y b e , b y t h e S e n i o r

Administrative Judge referred to in sub-article (11), shall be

deemed to have been properly and sufficiently notified for all

purposes if notice thereof is posted in such registry as the Minister

may under article 27 prescribe for the purpose before or at the

beginning of the period during which such assignment, transfer,

subrogation or distribution is to take effect.

(8) The registrar shall keep a record of all notices posted up in

terms of the last preceding sub-article and of the date of such

posting.

(9) Where any dispute arises as to whether a case or other

judicial act is to be assigned to one judge or to another judge sitting

in the same court or in the same chamber or section of a court, or

when a dispute arises as to which chamber or section of a court is to

deal with a particular case or a particular judicial act, the matter

shall be referred to the Chief Justice who shall, in camera,

determine the judge or chamber or section to which the case or

judicial act shall be assigned. The determination by the Chief

Justice shall be registered in the records of the case and shall be

final

Provided that where the Chief Justice may be challenged or

may abstain from taking cognizance of that case or judicial act for

any of the reasons mentioned in article 734(1)(a), (b), (c), (d)(ii)

and (iii), (e) and (g), the determination shall be made by the Senior

Administrative Judge referred to in sub-article (11).

(10) When more than one judge is assigned to sit in a chamber or

section of a court not being an appellate court, the Chief Justice

may designate one of the judges as President of that chamber or

section; such designation shall be for a specified time or until

another judge is so designated. The Judge so designated shall

perform such duties and functions as may be assigned by the Chief

Justice or as may be provided by any law for the time being in

force.

(11) For the purposes of this article, and in order to perform the

duties listed in this article, the Chief Justice shall nominate a

Senior Administrative Judge.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 12 Applicability of certain provisions to President of Court of Appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The provisions of articles 8, 9, 10 and 11(1) shall,

mutatis mutandis, also apply to the President of the Court of

Appeal.

(2) Whenever the President of the Court of Appeal is, in the

cases provided for by law, challenged or otherwise lawfully

impeded, the senior of the judges constituting the Court of Appeal

shall be the President of that court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 13 Appointment of supplementary judges. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.8.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 14 Oaths to be taken by supplementary judges. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.8.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 15 Applicability of certain provisions to magistrates. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of articles 8, 9, 10 and 11 shall, mutatis

mutandis, apply to magistrates; and the references to the Senior

Administrative Judge in sub-articles (3), (4), (7) and (9) of article

11 shall be construed as references to the Senior Magistrate

referred to in article 7(2).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 16 Judges and magistrates may not hold other offices of profit. Exceptions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall not be lawful for any judge or magistrate to carry

out any other profession, business or trade, or to hold any other

office of profit whatsoever, even though of a temporary nature,

with the exception of any judicial office on any international Court

or tribunal or any international adjudicating body, the office of

examiner at the University of Malta.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 17 Oaths to be taken by magistrates. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.11.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 18 Surrogation of magistrates. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.11.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 19 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.11.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 20 Supplementary magistrates for Gozo. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.11.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 21 Language of the courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Maltese language shall be the language of the

courts and, subject to the provisions of the Judicial Proceedings

(Use of English Language) Act, all the proceedings shall be

conducted in that language.

(2) Where any party does not understand the language in which

the oral proceedings are conducted, such proceedings shall be

interpreted to him either by the court or by a sworn interpreter.

(3) Any evidence submitted by affidavit shall be drawn up in

the language normally used by the person taking such affidavit. The

affidavit, when not in Maltese is to be filed together with a

translation in Maltese, which translation is furthermore to be

confirmed on oath by the translator.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 22 Causes to be tried in public. Exceptions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Causes shall be tried in public

Provided that it shall be lawful for the court to order that

the cause be heard with closed doors, should decency or good

morals so require.

(2) It shall also be lawful for the court, in any other case, at the

request of both parties, upon good reason being shown, to order

that the cause be heard with closed doors.

(3) In any of the said cases, the order of the court shall be

recorded.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 23 Judgments to be delivered in public. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The judgment shall in all cases be delivered in public. The

court delivering the judgment shall read out the operative part

which is to be included in the concluding part of the judgment. The

operative part of the judgment shall include a reference to the

claims or pleas which have been decided upon and every

declaration intended to be conclusive or binding. Immediately upon

delivery the judge or magistrate shall deposit a signed transcript of

the judgment in the records of the case.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 24 Each court to deal with matters pending before it. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any order in regard to any matter pending before the courts

shall be given by the court to which such matter appertains, and any

application for any such order shall be m ade to such cou rt

exclusively.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 25 Suitors, etc., not to have private communication with judges or magistrates. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving the proviso to article 15, suitors as well as

advocates, legal procurators and all other persons acting in the

name and on behalf of such suitors, are, under the penalties laid

down in article 997, forbidden to make any private application to

the judges or to the magistrates in regard to matters pending or to

be brought before any of the courts of justice.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 26 Mode of applying to court for any order. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any suitor, advocate or legal procurator, desiring to apply

to the court for any order, may do so either when the court is sitting

or at any other time; but, in the latter case, the application must be

made through the registrar.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 27 Registry of superior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) There shall be such number of registries as the

Minister responsible for justice may prescribe by regulations. Such

regulations may also establish the place of such registries, the acts

that each registry is competent to receive and all other matters

necessary for the proper functioning thereof.

(2) Any provision in this Code or in another law or regulation

which makes reference to a registry or to a section of a court shall

be construed as a reference to the registry of the specific court or

section established for the purpose under sub-article (1).

(3) The Minister responsible for justice shall designate a public

officer to be responsible for each registry that is established under

sub-article (1) and, in making any such designation, the Minister

responsible for justice may also determine the functions to be

performed by such person and all matters ancillary thereto.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 28 Court archives. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

There shall be such archives wherein there shall be deposited

all the acts of the courts which are to be deposited in terms of article

65. The Minister responsible for justice may prescribe the number of

archives to be set up, the acts which shall be deposited in each archive,

their location, the manner in which records are to be kept and any

other matter relating or ancillary thereto.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 29 Rule-Making Board. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) There shall be a Board composed of the Chief Justice,

as chairman, who shall also have a casting vote, a judge ordinarily

sitting in the Court of Appeal and a magistrate appointed by the

President of Malta on the recommendation of the Chief Justice, the

Attorney General, the State Advocate, the President of the Chamber

of Advocates and the President of the Chamber of Legal

Procurators whose function shall be to make rules, to be called

Rules of Court, for the purposes specified in sub-article (2) or in

any other provision of this Code or of any other law.

(2) Rules of Court may be made generally in respect of all

matters concerning the conduct of the courts and the conduct of

c a u s e s w i t h t h e o b j e c t o f e n s u r i n g a p r o p e r a n d e ff i c i e n t

administration of justice and, in particular, but without prejudice to

the generality of the aforesaid -

(a) for governing the conduct of the courts and for

securing and maintaining order and decorum within

the building of the courts;

(b) for fixing the days, hours, duration and number of the

sittings of the courts, determining the manner of

distribution of the causes among judges and the

magistrates appointed to sit in a particular court or

chamber thereof, and for making other provision in

respect of any matter aforesaid as the Board may deem

appropriate;

(c) for regulating leave of absence, for any reason, by

judges, or magistrates, including a requirement of

authorisation or sanctioning of such leave by the

competent authorities;

(d) for establishing any forms not provided for in this

Code;

(e) for carrying into effect the provisions of the Judicial

Proceedings (Use of English Language) Act, as

regards the language to be used in the proceedings;

(f)

for making provision with respect to judicial acts and

matters of or incidental to practice and procedure not

provided for in this Code or in any other law;

(g) for establishing case management procedures;

(h) for fixing the sessions of the forensic year and the

vacation days in the superior and inferior courts, and

matters ancillary or incidental to such sessions and

vacation days

Provided that nothing contained in such rules shall be

inconsistent with or repugnant to the provisions of this Code or any

other law

Provided further that the Minister responsible for justice may,

in the absence of the Rules of Court made in accordance with the

provisions of this sub-article, make regulations on any matter referred

to in this sub-article.

(3) The Board may act notwithstanding any vacancy in its

membership but shall not act unless at least the Chief Justice and

another two members are present.

(4) Rules made under this article shall be subject to the

approval of the President of Malta, and shall come into force on or

after the day of their publication in the Gazette, as may be specified

therein.

(5) The Minister responsible for justice may by regulations

confer on the Board additional powers and functions for the

amelioration of the administration of justice.

(6) The Chief Justice may from time to time convene meetings of

judges and magistrates, either separately or collectively, and shall

regularly consult with the same, individually or collectively, regarding

matters concerning the conduct and trial of causes, the application and

conduct of court procedures and proceedings, the implementation of

administrative procedures connected with the trial of causes and the

conduct of proceedings, the relationship between the judiciary and the

Commission for the Administration of Justice, the making of rules of

court and such other matters as the Chief Justice may deem

appropriate to discuss.

(7) Subject to the foregoing provisions of this article and to any

r u l e s o r r e g u l a t i o n s m a d e t h e r e u n d e r, t h e j u d g e s a n d t h e

magistrates shall have power to regulate the conduct of proceedings

and of the trial of the causes before the respective courts over

which they preside, and to give directives for the maintenance of

order at the sittings of the court, according to law.

(8) Without prejudice to the provisions of sub-article (7), the

Chief Justice may, in his discretion, transfer any case from one

court to another

Provided that in the execution of this function the Chief

Justice shall discuss the matter with the judges or magistrates

concerned, either during any of the meetings convened in

accordance with sub-article (6) or during an ad hoc meeting held

for the purpose.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 30 Advocates and legal procurators when appearing in court to be deemed officers of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Advocates and legal procurators, when they appear before

the superior or inferior courts, shall be deemed to be officers of the

court.

Title II

O F THE S UPERIOR C OURTS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 31 Civil Court. Division of same. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.15.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 32 Civil Court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) One Judge shall sit in each section of the Civil Court.

(2) The Civil Court shall take cognisance of all causes of a

civil and commercial nature, and of all causes which are expressly

assigned by law to the said Civil Court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 33 Voluntary jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The exercise of voluntary jurisdiction in matters of a civil

nature shall be assigned to the Civil Court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 34 Appeal from judgements of Civil Court, First Hall. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Save where otherwise provided by this Code or any other

law, judgments of the Civil Court, First Hall, are subject to appeal

to the Court of Appeal

Provided that in cases where a cause commenced by a

sworn application, and where no explicit decision has been

requested and given as to the interpretation of the Constitution in

terms of article 95(2)(d) of the said Constitution, is decided by the

First Hall of the Civil Court by a judgement wherein points of law

about fundamental human rights or references to the Constitution

are discussed and decided as part of the merits of the cause, the

Court of Appeal shall still be deemed to be competent and to have

jurisdiction to decide an appeal from such judgement of the First

Hall of the Civil Court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 35 Mode of impugning decrees of Court of voluntary jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No appeal shall lie from any decree of the Court of

voluntary jurisdiction; but it shall be lawful for any party, who

deems himself aggrieved, to bring an action before the Civil Court,

First Hall, for the necessary order.

(1) * The Civil Court, First Hall and the Civil Court

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 36 Competence of the Civil Court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(Family Section) shall be competent to hear cases in Malta and Gozo.

(2) † The Civil Court, First Hall and the Civil Court (Family

Section) shall hold sittings both in Malta and in Gozo.

(3) ‡ When the Civil Court, First Hall and the Civil Court

(Family Section) hold sittings in Malta, they shall take cognizance

of all claims against persons residing or having their ordinary

abode in the Island of Malta, and of all other causes expressly

assigned by law to such sections of the Civil Court.

(4) * When the Civil Court, First Hall and the Civil Court

(Family Section) hold sittings in Gozo, they shall take cognizance

of all claims against persons residing or having their ordinary

abode in the Islands of Gozo and Comino, and of all other causes

expressly assigned by law to such sections of the Civil Court.

(5) † The rules set out in this Code concerning the privilegium

fori and the exceptions thereto shall apply also between the Civil

Court, First Hall and the Civil Court (Family Section) when sitting

in the island of Malta and when sitting in the island of Gozo.

(6) ‡ Causes which are not included in the causes which may be

heard by the Civil Court, First Hall and the Civil Court (Family

Section) when holding sittings in the island of Gozo shall be heard

by the said Courts sitting in Malta.

(7) The Civil Court (Commercial Section) shall take

cognizance of all claims against persons, whether natural or legal,

residing or having their ordinary abode or registered office in the

Islands of Malta and the Islands of Gozo and Comino and of all

other causes, expressly assigned by law to such section of the Civil

Court

Provided that where the Civil Court (Commercial Section)

is to hear causes concerning claims against persons, whether

natural or legal, residing or having their ordinary abode or

registered office in the Islands of Gozo and Comino, it shall hold

its sittings in the building of the Courts of Gozo

Provided further that the provisions of Sub-title IV of Title I

of Book Third of this Code, sub-titled "Of Referees" shall, mutatis

mutandis, apply to matters relating to the Competition Act and any

regulations made thereunder and the Consumer Affairs Act and any

regulations made thereunder.

(7A)

The Civil Court (Asset Recovery Section) shall take

cognisance of all claims against persons whether natural or legal

residing or having their ordinary abode or registered office or owning

assets or property of any kind in the Island of Malta and in the Islands

of Gozo and Comino and of actions in rem, for the recovery of

proceeds of crime by the State or by an entity of the State or for the

non-conviction based confiscation of assets and property of any kind

as may be provided in any law from time to time in force and of all

other causes expressly assigned by law to such section of the Civil

Court

*Not yet in force. See Legal Notice 164 of 2018.

†Not yet in force.

‡Not yet in force.

*Not yet in force.

†Not yet in force.

‡Not yet in force.

Provided that when the Civil Court (Asset Recovery Section)

shall take cognisance of claims against persons, whether natural or

legal, residing or having their ordinary abode in the Islands of Gozo

and Comino it shall hold its sittings in the building of the courts of

Gozo.

(8) * The Civil Court (Voluntary Jurisdiction Section) shall also

sit in Malta and in Gozo.

(9) † It shall be lawful to add the words "(Gozo)" in any written

pleading, judicial act, court decree, court judgment, procès-verbal,

form or any other document whatsoever filed or used by the Civil

Court, First Hall, the Civil Court (Family Section) or the Civil Court

(Voluntary Jurisdiction Section) when such documents relate to acts,

claims or proceedings of the said courts in respect of which sittings are

held in the island of Gozo.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 36A Jurisdiction of the Courts of Gozo in constitutional cases. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)

The Civil Court, First Hall when exercising its

jurisdiction to hear cases filed under the provisions of the Constitution

or of the European Convention Act shall hold sittings in the building

of the Courts of Gozo when taking cognizance of cases where the

applicant is a natural person having his ordinary abode, or a legal

person having its registered office, in the islands of Gozo and Comino.

(2) Sub-article (1) shall not apply where, when the case is filed

the number of applicants and respondents, excluding respondents who

are representatives of the Government or of any public authority,

residing in the island of Malta exceeds the number of applicants and

respondents residing in the islands of Gozo and Comino, in which case

the sittings of the Court shall be held in the building of the courts in

Malta.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 37 Further jurisdiction of Commercial Court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.15.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 38 Jurisdiction in bankruptcy, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.15.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 39 Duties of Judge of Civil Court, First Hall in respect of proceedings concerning average and sea-protests. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any Judge sitting in the Civil Court, or any section thereof

shall regulate the proceedings concerning average and shall attend,

either personally or through an advocate deputed by him for the

purpose, at the drawing up of sea-protests.

*Not yet in force.

†Not yet in force.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 39A Courts may consist of more than one chamber. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXXI.2002.19.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 40 Appeal from judgements of Commercial Court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.17.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 41 Court of Appeal Constitution. Jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Court of Appeal shall consist of one or more

chambers.

(2) Where the Court of Appeal consists of one or two

chamberseach chamber shall consist of the Chief Justice and two

other judges.

(3) Where the Court of Appeal consists of three or more

chambers, the third and other chambers may each be presided by a

judge to be nominated upon the advice of the Chief Justice.

(4) Each chamber of the Court of Appeal shall exercise and

have all powers as are by this Code or any other law vested in the

Court of Appeal.

(5) The number of chambers shall be determined by an Order

of the President of Malta.

(6) Where an Order is made by the President of Malta

providing for more than one chamber of the Court of Appeal, the

rule-making board established under article 29 of the Code shall

provide the manner in which cases shall be distributed between the

various chambers.

(7) (a) An Order as is referred to in sub-article (3) hereof may

provide that where one of the judges, other than the Chief Justice,

sitting in one of the chambers, abstains or is otherwise challenged

and the challenge is accepted, the case in which such abstention or

challenge takes place shall be heard by such other of the chambers

as is prescribed in the Order.

(b) Where the Chief Justice is challenged and the challenge is

accepted or abstains, the senior judge (other than the Chief Justice)

in such other chamber as may be determined in the Order, shall be

surrogated for the Chief Justice in the chamber where the case is

being heard.

(c) Where notwithstanding the provisions of any orders made

under paragraphs (a) and (b) hereof the case may not be heard by

any of the chambers as provided for in such order because of a

challenge or abstention of the Chief Justice or any other of the

judges, the President of Malta shall surrogate another judge or

other judges to sit in lieu of the judges challenged or lawfully

impeded in the chamber in which the case was first assigned under

the provisions of sub-article (3) hereof.

(8) *

The Court of Appeal shall hear and determine all appeals

from judgments of the Civil Court, First Hall, Civil Court, First

Hall(Gozo), the Civil Court (Family Section), the Civil Court (Family

Section) (Gozo) and the Civil Court (Commercial Section).

(9) * The Court of Appeal shall also hear and determine appeals

from judgments of the Court of Magistrates (Malta) and Court of

Magistrates (Gozo) in its inferior jurisdiction. But, for the purposes

of such appeals, the Court of Appeal shall be constituted by one of

its members only, and any one of the judges, appointed by the

President of Malta to sit for the hearing of such appeals, shall be

deemed to be a member of such court. The Court of Appeal as

constituted under this sub-article may also be referred to as the

Court of Appeal (Inferior Jurisdiction).

(10) Where the Court of Appeal is to hear appeals from the

Court of Magistrates (Gozo) in its inferior jurisdiction or from

judgments or decisions of any board or tribunal delivered by such

board or tribunal when sitting in Gozo, it shall hold its sitting in the

building of the Courts in Gozo, and for the purpose of such appeals

the registry of the Court of Magistrates (Gozo) shall also be the

Registry of the Court of Appeal.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 42 Jurisdiction of Court of Appeal in respect of appeals under Marriage Legacies Law. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Court of Appeal shall be exclusively competent to take

cognizance of the appeals referred to in article 6 of the Marriage

Legacies Law.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 43 Jurisdiction of Court of Appeal in issues connected with execution of judgments or warrants. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.19.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 44 Further jurisdiction of Court of Appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Court of Appeal, besides taking cognizance of the

causes referred to in this Title, shall also take cognizance of all

other causes which by express provision of the law are assigned to

it.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 45 Constitutional Court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Constitutional Court shall be so constituted and shall

exercise such jurisdiction as is provided in the Constitution of

Malta.

* In force as from 11th June 2018, see also Legal Notice 187 of 2018.

Previous sub-article (8)

(8)It shall hear and determine all appeals from judgments of -

the Civil Court, First Hall; and

the Court of Magistrates (Gozo) in its superior jurisdiction

Provided that the reference to the "Civil Court, First Hall" in this sub-article shall be

deemed to include a reference to the Civil Court (Family Section) and to have included

such a reference as from the date of establishment of the sections of the civil courts.

* See Legal Notice 187 of 2018.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 46 Saving. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of article 34 and of article 41(9) shall be

without prejudice to the provisions of article 46(4), and article

95(2) of the Constitution of Malta and article 4(4) of the European

Convention Act.

Title III

O F THE I NFERIOR C OURTS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 47 Civil Court of Magistrates (Malta). Constitution and jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A magistrate shall sit in the Court of Magistrates

(Malta), and such court shall, as a court of first instance, hear and

determine all claims of an amount not exceeding fifteen thousand

euro (€15,000), against persons residing or having their ordinary

abode in any part of the Island of Malta.

(2) Such court shall also take cognizance of all other causes

expressly assigned to it by law.

(3) Nevertheless, causes involving questions of ownership of

immovable property, or relating to easements, burdens or other rights

annexed to such property, including any claim for the ejectment or

eviction from immovable property, whether urban or rural, tenanted or

occupied by persons residing or having their ordinary abode within the

limits of the jurisdiction of such court, shall not fall within the

jurisdiction of the Court of Magistrates (Malta) independently of the

value of the claim.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 48 Further jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Deleted by XXXI.2002.22.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 49 Appeal from judgment of Court of Magistrates. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

From the judgments of the Court of Magistrates (Malta) or

from the Court of Magistrates (Gozo), an appeal shall lie to the Court

of Appeal, constituted as provided in article 41(9).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 50 Court of Magistrates (Gozo) as court of first instance. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Subject to the provisions of article 770 and 771, the

Court of Magistrates (Gozo) shall, to the exclusion of the courts of

Malta, be competent to take cognizance of all claims against

persons residing or having their ordinary abode in the Island of

Gozo or Comino, as well as of all other causes expressly assigned

by law to such court.

(2) Such court shall consist of one magistrate, and shall have a

twofold jurisdiction, namely

(a) an inferior jurisdiction, by virtue of which it shall take

cognizance of all causes of the nature of those which,

according to articles 47 and 48, are triable by a

magistrate for the Island of Malta; and

(b) a superior jurisdiction, by virtue of which, subject to

the provisions of article 46 of the Constitution of

Malta and article 4 of the European Convention Act, it

shall take cognizance of all causes of the nature of

those which, according to article 32, are triable by the

Civil Court, First Hall.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 51 Judgments subject to appeal to Court of Magistrates as an appellate court in its superior jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.25.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 52 Judgments subject to appeal to Court of Appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.25.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 53 Applicability of provisions relating to superior courts, to Gozo Court in its superior jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In regard to causes within the superior jurisdiction of the

Court of Magistrates (Gozo) the provisions relating to the superior

courts shall apply.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 54 Gozo court as court of voluntary jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Court of Magistrates (Gozo), consisting of one

magistrate to be named by the President of Malta in that behalf,

shall also have, within the limits of its local jurisdiction, the same

powers as are assigned to the C iv il C ou rt , i n it s v ol un t a ry

jurisdiction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 55 Qualifications of magistrates and magistrates surrogate. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.25.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 56 Saving. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provision of article 49 shall be without prejudice to the

provision of article 46(4) and article 95(2) of the Constitution of

Malta, and article 4(4) of the European Convention Act.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 56A Small Claims Tribunal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Notwithstanding any of the provisions of this Code the

inferior courts shall not take cognizance of any claim falling within

the jurisdiction of the Small Claims Tribunal established under the

Small Claims Tribunal Act.

Title IV

O F THE EXECUTIVE OFFICERS OF THE COURT

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 57 Duties of Director General (Courts). — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Director General (Courts) shall be appointed by

the Prime Minister and, unless the Minister responsible for justice

otherwise directs, he shall be responsible for the administration of

all registries, archives, court services and all other administrative

offices of the courts.

(2) The Director General (Courts) shall have the functions,

powers and duties as are vested in him by this Code or by any other

applicable law, as well as by any regulations which may, from time

to time, be made by the Minister responsible for justice under this

article.

(3) The duties of the Director General (Courts) shall be carried

out by the Director General (Courts) personally or by such other

persons or by court executive officers as the Minister responsible

for justice may by regulation designate or, failing such regulation,

by any person so delegated by the Director General (Courts); such

regulation may also specify the duties that shall be carried out by

each such person or officer.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 58 Registries. Repealed by: XI.1858.3. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) There shall be such registries of the Courts and other

tribunals established by law, as the Minister responsible for justice

may by regulations under this article establish.

(2) Such regulations shall assign to each court or tribunal the

registry that is to serve it and more than one court or tribunal may

in accordance with such registries be so served by the same

registry.

(3) Any reference in any law to the registry of any particular

court or tribunal shall be deemed to be a reference to the registry

assigned to such court or tribunal by the Minister in regulations

made under this article.

(4) Each registry shall be headed by a public officer designated

by the Minister for the purpose and, failing such designation, by the

Director General (Courts). The head of each registry is hereinafter

referred to as ''the registrar''.

(5)

Each registrar shall have the functions, powers and duties

vested in him by this Code or by any other applicable law as well as

by any regulation which may, from time to time, be made by the

Minister responsible for justice.

(6) The duties of the registrar, including any duties during

sittings of the courts, shall be carried out by the registrar personally

or by such other persons or by court executive officers as the

Minister responsible for justice may designate or, failing such

designation, by any person so delegated by the registrar, and such

designation may also specify the duties that shall be carried out by

each such person or officer.

(7) Any provision in this Code or in any other law or regulation

which makes reference to the registrar shall be construed as a

reference to the registrar of such registry to which the provision

refers or the registrar heading the registry assigned to serve that

court and, failing any such reference, it shall be construed as a

reference to the registrar responsible for the registry assigned to

serve the Civil Court.

(8) Subject to the provisions of this Code and of any rules

made under article 29, the registrar shall take orders from the

judicial authorities in relation to any judicial proceedings and in

relation to any judicial act, that is to say

(a) in the superior courts in matters concerning a

particular court, he shall take orders from the judge or

from the judges, if there are two or more judges, of

that court; in other cases, he shall take orders from the

Chief Justice; and

(b) in the inferior courts, he shall take orders from the

magistrates of the particular court.

(9) The provisions of sub-article (8) shall, subject to the

provisions of article 69, apply, mutatis mutandis, to court executive

officers.

(10) The Director General (Courts), the registrar and any of the

court executive officers so designated by the Minister responsible

for justice shall, for the purposes of the Commissioners for Oaths

Ordinance, be ex officio Commissioners for Oaths.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 59 Cases in which registrar is debarred from acting as such. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall not be lawful for the registrar or any other officer

acting in his stead to discharge the duties of registrar in any of

those cases in which a judge may be challenged.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 60 Oath to be taken by Director General (Courts). — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Director General (Courts) and each registrar, on

entering upon the execution of their respective offices, shall take,

before the Court of Appeal, the oath of allegiance referred to in

article 10, and the oath of office in the following form

"I ............. do swear that I will faithfully and with all honesty

and exactness perform the duties of Director General / Registrar, to

the best of my knowledge, skill and ability. So help me God.".

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 61 Other duties of registrar. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The registrar, unless otherwise provided in this Code,

shall register the proceedings and the orders of the court, and the

register kept by him shall constitute an authentic proof thereof.

(2) Where a verbal demand for any act or procedure

whatsoever is made in cases in which such act or procedure may

take place upon a verbal demand of any party, the registrar shall

note down such demand, stating whether the same has been made

by the party personally or by a legal procurator or by any other

lawful representative; and such note shall constitute an authentic

proof as to the demand itself and as to the person by whom it has

been made.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 62 Authentication of copies. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The registrar shall certify the authenticity of every copy

which may be required of any act or document existing in the

registry.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 63 Liability of registrar. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The registrar shall be responsible for any loss, mutilation

or alteration of any act or document filed in the registry as well as

for any delay in the course of any such act or document.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 64 Taxing of judicial costs. Impugnment of assessment of costs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Judicial costs shall be taxed and assessed by the

registrar, and the assessment made by him may not be impugned

after the expiration of one month. Such action shall be instituted by

application which shall be heard summarily by the court. Such

period, in regard to the person applying for the taxed bill of costs,

shall commence to run from the day on which the taxed bill was

issued and, in regard to the debtor duly served with such taxed bill

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

(2) The applicant shall cause a copy of the application to be

served on any person having an interest therein, who shall have

twenty days within which to file a reply.

(3) The written pleadings in respect of the application shall be

deemed closed by the reply or failing such reply with the expiration

of the time allowed for such reply. The parties shall be notified

with the date for the hearing of the application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 65 Archives. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) There shall be such archives of the Courts and other

tribunals established by law, as the Minister responsible for justice

may by regulations under this article establish.

(2) Such regulations shall assign to each court or tribunal the

archives in which the records and acts of such court or tribunal

shall be deposited, and the records of more than one Court or

tribunal may, in accordance with such regulations, be deposited in

any one particular archive.

(3) The Director General (Courts) shall be responsible for the

administration of the archives and shall, subject to the provisions of

this Code and of any other law, issue such directives as he may

deem necessary for the proper storage of documents therein, access

thereto, the making and authentication of copies and for all other

matters relating to the archives.

(4) The said Minister may also from time to time make

regulations governing the archives and their management.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 66 Absence or other lawful impediment of Director General (Courts). — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Minister responsible for justice shall designate persons to

act for the Director General (Courts), the Registrar and any court

executive officer in the case of absence or other lawful impediment of

the Director General (Courts), the registrars, or any court executive

officer, as the case may be.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 67 Duties of court executive officers. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) There shall be court executive officers who shall be

entrusted with the service and the execution of any judicial acts,

warran ts and o th er orders g iv en by t he Cou rt s, Jud ges and

Magistrates and to perform such other duties as may be assigned to

them by the Director General (Courts) and the registrars.

(2) The Minister responsible for justice may, by regulations

made under this article, designate the officers who shall be court

executive officers prescribing their respective duties, powers and

responsibilities and may regulate any other matter which he may

deem necessary for the better performance of their functions.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 68 Maintenance of good order in Courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Court executive officers designated for the purpose by

the Minister responsible for justice are also charged with the

maintenance of good order and decorum in the building of the

courts.

(2) Without prejudice to the provisions of article 72, every such

officer shall, within the precincts of the building of the courts and

of any office, building or other premises occupied by, or under the

charge of, the Director General (Courts), be empowered to exercise

all such functions, powers and duties as are by law vested in Police

officers.

(3) Subject to the provisions of article 990 and 992, where such

officer detains or arrests any person for any offence committed

within the precincts mentioned in the previous sub-article, he shall

forthwith bring the offender before a magistrate and charge him

with breach of good order and decorum in the buildings of the court

and if the court, on summarily hearing the case, finds the offender

guilty of breach of good order and decorum in the building of the

court, shall condemn the offender to any of the punishments

mentioned in article 990.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 69 Court executive officers to execute duties personally. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Court executive officers shall execute their duties

personally unless otherwise prescribed by regulations made by the

Minister responsible for justice, by Rules of Court, or, in the

absence of such regulations or rules, in accordance with the orders

even verbal, of the judges or magistrates as provided in article 58.

(2) The provisions of article 59 shall apply to court executive

officers or other persons acting in their behalf.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 70 Opposition to court executive officers in the execution of their duties. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving the provisions of article 992, if any person

knowingly avoids, obstructs or refuses service of any act or court

order or execution of any warrant or order by any executive officer

of the courts, he shall be guilty of contempt of court and shall be

liable, on conviction, to the punishments mentioned in article 990.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 71 Executive officer to inform court of any warrant issued against an exempted person. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where, before the execution of any warrant, it shall come

to the knowledge of the executive officer that the person against

whom the warrant has been issued is a person in favour of whom an

exemption is granted by law, he shall, forthwith, through the

registrar, or, in case or urgency, personally, report the fact to the

court in order to receive such directions as may be requisite.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 72 Powers of executive officers. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Every officer charged with the execution of any order of

the court shall, for the discharge of his duties, have the same

powers as are by law vested in Police officers.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 73 Assistance of Police force. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the case of opposition by the use of violence, it shall be

lawful for an executive officer to demand the assistance of any

member of the Police force.

Title VI

O F A RCHIVISTS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 74 Archivist. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.37.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 75 Duties of archivist. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.37.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 76 Formation of list of records, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.37.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 77 Responsibility of archivist. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.37.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 78 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.37.

Title V

O F THE LEGAL PROFESSION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 78A Definitions in this Title. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) For the purposes of this Title and of Title VIII of Book

First of this Code, the expressions "Member State", "citizen of an

agreement State", "competent authority" and "the Treaty" shall

have the same meaning assigned to them in the Mutual Recognition

of Qualifications Act.

(2)

For the purposes of this Title, unless the context otherwise

requires

"advocate" means a person authorised under the

provisions of article 79;

"Committee" means the Committee for Advocates and

Legal Procurators established by article 3 of the Commission

for the Administration of Justice Act;

"law firm" means an association or civil partnership,

whether or not properly constituted, or any other legal structure

of advocates in the exercise of the profession;

"Register" means the Register maintained by the Committee in terms

of article 88D where information on individuals holding a warrant to

practice as advocates or legal procurators and on law firms is recorded.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 79 Administration of advocates and restrictions in respect of members of Parliament. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) No person may exercise the profession of advocate or

provide legal services in Malta or otherwise hold himself out as

providing any legal service in Malta without the authority of the

President of Malta granted by warrant under Public Seal of Malta acting

on the recommendation of the Committee and after such person is duly

admitted to the Register in accordance with the provisions of this Code.

(2) Upon the grant of a warrant in terms of sub-article (1), the

Committee shall register the advocate in the Register maintained by

the Committee.

(3) Any person who acts in contravention of the provisions of

sub-article (1) shall be guilty of an offence and shall on conviction, be

liable to a fine (multa) not exceeding twenty five thousand euro

(€25,000) or to imprisonment for a period not exceeding one (1) year,

or to both such fine and imprisonment.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 80 Oaths of allegiance and of office. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any person on being so authorized shall, before entering

upon the exercise of the profession, of advocate take before the

Court of Appeal, in a public sitting of the same court, the oath of

allegiance according to the form referred to in article 10, and the

oath of office in the terms following

I ............. do swear, that I will faithfully and with all honesty and

exactness perform the duties of advocate in the courts of justice of

Malta, to the best of my knowledge and ability. So help me God.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 81 Qualifications for obtaining warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) No person shall be entitled to obtain the warrant

referred to in article 79, unless -

(a) he is a fit and proper person as recommended by the

Committee;

(b) he is of good conduct and good morals, and is not or has

not engaged in or is not or has not been associated with

any activity or practice which in the view of the

Committee is not compatible with the exercise of the legal

profession or has not otherwise conducted himself in such

a manner which casts doubt on his honesty and integrity;

(c) he is a citizen of Malta or of a Member State or is

otherwise permitted to work in Malta under any law;

(d) he has obtained the academic degree in law in accordance

with the provisions of the Statue of the University of

Malta, or such other qualification as the Minister, after

consultation with the Committee, may from time to time

prescribe, or a comparable degree from such other

competent authority in accordance with the principles of

mutual recognition of qualifications, after having read

law in Malta or in a Member State;

(e) he has, after satisfying the requirement of paragraph

(d), or, in the case of persons regularly following the

academical course of law in the University of Malta, at

any time after the commencement of the last academic

year of the said course, for a period of not less than

one year regularly attended at the office of a practising

advocate of the Bar of Malta and at the sittings of the

superior courts;

(f)

he possesses a full knowledge of the Maltese language

as being the language of the courts;

(g) he has been duly examined and approved by two judges

who shall issue, under their signature and seal, a

certificate attesting that they have found him to possess

the qualifications mentioned in paragraphs (b) to (e) and

that he is competent to exercise the profession of

advocate in the courts of Malta.

(2) The Committee shall from time to time and with the

approval of the Minister, prepare and publish rules and guidelines

setting out the requirements that a person shall need to satisfy from

time to time to comply with the requirements of article 81(a), (b)

and (c).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 81A Regulations. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Minister responsible for justice may make regulations

for bringing into effect the provisions of the Mutual Recognition of

Qualifications Act and subsidiary legislation issued thereunder, in

relation to the mutual recognition of qualifications of advocates.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 82 Bargaining of fees prohibited. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Save as may be provided in regulations made under article

1004, it shall not be lawful for any advocate to fix by agreement his

fees in an amount higher or lower than that fixed in this Code,

except when, for some particular purpose of the contending party,

the action is restricted to an interest smaller than that on which the

decision will have a bearing; in which case only it shall be lawful

for the advocate to stipulate that his fees be reckoned on the basis

of the whole interest involved, or fixed at a sum higher than that

fixed in this Code in respect of the action as actually instituted.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 83 Advocates not to enter into or make agreements or stipulations quotae litis. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Advocates shall not, either directly or indirectly, enter into

or make any agreement or stipulation quotae litis.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 84 Causes of disqualification. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)

A person may be disqualified perpetually or for a

time to practice the profession of advocate on the recommendation of

the Commission for the Administration of Justice, if that person

(a) is no longer a fit and proper person;

(b) has seriously, repeatedly or systematically failed to satisfy

his obligations under the Prevention of Money Laundering

Act or the Prevention of Money Laundering and Funding

of Terrorism Regulations;

(c) has been found guilty by a court of law of a crime

affecting public trust or theft or of fraud or of

knowingly receiving property obtained by theft or

fraud or of any crime punishable by a term of

imprisonment exceeding one (1) year with the

exception of involuntary offences; and

(d) is considered to suffer from an infirmity of mind that

seriously affects the exercise of his profession.

(2) The temporary or permanent withdrawal, by the competent

authority in the Member State in which the advocate acquired the

right to use the professional title, of the authorisation to practice

the profession shall automatically lead to the advocate being

temporarily or permanently prohibited from practicing in Malta.

(3) The disqualification referred to in sub-article (1) shall be

declared by the President of Malta by means of a letter to the

registrars of the Courts of Malta and Gozo and to the advocate so

disqualified, unless the advocate is interdicted by means of a final

judgment delivered by a court

Provided that the Committee may advise the President of Malta

to remove the disqualification as aforesaid.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 84A The Chamber of Advocates. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)

The Chamber of Advocates shall be an independent

professional body for advocates in Malta and shall be regulated and

governed by its statute and this Code.

(2)

The Chamber shall exercise functions in relation to the

representation or promotion of the interests of the profession and of

advocates and law firms. Such functions shall include

(a) safeguarding and protecting the dignity, honour and

reputation of the profession of advocate;

(b) the encouragement of an independent, strong, diverse and

effective legal profession;

(c) promoting and maintaining adherence to high

professional principles and rules of ethical behaviour

by advocates;

(d) enhancing and promoting the level and standard of

competence and skill within the profession amongst

others through continued professional development

and to make arrangements and requirements for

continued professional development.

(3)

Membership of the Chamber shall be open to all advocates

and law firms that are eligible to be inscribed in the Register under this

Code in accordance with the Statute of the Chamber applicable from

time to time, against the payment of such membership and annual fees

as the Chamber may from time to time determine. The Chamber may

levy other fees for the provision of other services to members.

(4) In the exercise of its function as a professional body, if the

Chamber becomes aware of any misconduct on the part of an advocate

or law firm and it appears to it that such misconduct can have serious

and adverse repercussions on the overall dignity, honour and reputation

of the profession as a whole, the Chamber shall be entitled to file a

report to the Committee for disciplinary action to be taken against such

regulated person.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 85 Admission of legal procurators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)

No person may be admitted to practice as a legal

procurator without the authority of the President of Malta granted by

warrant under the Public Seal of Malta, acting on the recommendation

of the Committee.

(2)

Upon the grant of a warrant in terms of sub-article (1), the

Committee shall register the legal procurator in the Register

maintained by the Committee.

(3)

Any person who acts in contravention of the provisions of

sub-article (1) shall be guilty of an offence and shall, on conviction, be

liable to a fine (multa) not exceeding twenty-five thousand euro

(€25,000) or to imprisonment for a period not exceeding one (1) year,

or to both such fine and imprisonment.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 86 Oaths of allegiance and of office. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any person on being so admitted shall, before commencing

to practise as legal procurator, take before the Court of Appeal, in a

public sitting of the same court, the oath of allegiance according to

the form referred to in article 10, and the oath of office in the terms

following

I ............. do swear, that I will faithfully and with all honesty and

exactness perform the duties of legal procurator in the courts of

justice of Malta, to the best of my knowledge and ability. So help

me God.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 87 Qualifications for obtaining warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No person shall be entitled to obtain the warrant referred to

in article 85 unless -

(a) he is a fit and proper person as recommended by the

Committee;

(b) he is a citizen of Malta or of a Member State or is

otherwise permitted to work in Malta under any law;

(c) he has been approved by the examining board of the

Faculty of Law, at a regular examination in the

subjects of the course of studies to be followed by

candidates for the profession of legal procurator, in

accordance with the regulations of the University of

Malta, or a comparable degree from such other

competent authority in accordance with the principles

of mutual recognition of qualifications, after having

studied law in Malta or in a Member State;

(d) he has, after passing the examination referred to in

paragraph (c) or at any time after the commencement

of the last academic year of the said course, for a

period of not less than one year, attended at the office

of a practising advocate of the Bar of Malta and

trained himself in the practice of the profession;

(e) he has been duly examined and approved by two judges,

who shall issue under their signature and seal a certificate

attesting that they have found him to possess the

qualifications mentioned in paragraphs (b) to (d) and that

he is competent to practice as legal procurator in the

courts of Malta.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 87A Regulations. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Minister responsible for justice may make regulations

for bringing into effect the provisions of the Mutual Recognition of

Qualifications Act and subsidiary legislation issued thereunder, in

relation to the mutual recognition of qualifications of legal

procurators.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 88 Applicability of articles 83 and 84. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of articles 83 and 84 shall apply to legal

procurators.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 88A Law firms. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)A law firm shall be registered in the Register

maintained by the Committee following an application in writing

submitted to the Committee and no partnership or association of

persons or other legal entity, howsoever formed and called, shall

act or hold itself out as being a law firm and no person shall be

entitled, recognised or authorised to act in the name and on behalf

of a law firm unless and until it has been duly registered as

aforesaid

Provided that law firms already in existence shall have to

be registered within twelve (12) months from the coming into force

of this provision, and following such date no person shall be

entitled, recognised or authorised to act in the name and on behalf

of an unregistered law firm.

(2) The application for registration shall include the following

information and documentation

(a) name of the law firm;

(b) name and surname, date of birth, place of residence

and identification number of each member of that law

firm;

(c) the name of those advocates vested with the

representation and management of the law firm; and

(d) the address of the place from where the law firm shall

be providing its services.

(3) Without prejudice to the provisions of the proviso to sub-

article (1), any person, not being an advocate, who makes use of the

designation "law firm" or any similar designation, whether written

or otherwise, or of any other form of language or words that can be

perceived as a law firm or which misleadingly imply the existence

of a law firm providing legal services in Malta, when no such law

firm is registered in the Register maintained by the Committee,

shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) not exceeding twelve thousand euro (€12,000) or to

imprisonment for a term not exceeding six (6) months or to both

such fine and imprisonment.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 88B Name of law firms. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)The name of a law firm

(a) shall contain terms such as "advocates", "legal", "law

firm" or words of similar import that are intended to

indicate the nature of the firm and the services it

provides;

(b) shall not contain uncouth language or words which are

considered to be offensive or to have an adverse effect

on the decorum and dignity of the legal profession;

(c) shall not be misleading or calculated to mislead the

general public and the persons requiring legal services

as to the real nature of the firm and the services it

provides;

(d) may include

(i)

the name or names of one or more advocates

being a partner or partners in the law firm, or

any abbreviations thereof; or

(ii)

the name of an advocate or any abbreviation

thereof who has ceased to be a partner in the

firm, where the existing partners have decided to

retain the same name of the firm or the name of

the former partner as part of the name of the law

firm.

(2)

No person or entity shall use a name or brand that is

indicative of a law firm unless the law firm is registered in accordance

with this Title.

(3)

A law firm shall not be registered by the Committee unless

the name of the law firm satisfies the requirements of this article and

breaches of this provision by a law firm shall constitute misconduct.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 88C Obligations of advocates to apply to law firms. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Notwithstanding any provision in any other law and any

agreement to the contrary

(a) any act or service that may be done or provided by an

advocate may be done or provided by any one or more

of the partners in the name and on behalf of a law firm

and any act or service done or provided in the name of

the law firm shall be done or provided by one or more

of the partners; and

(b) any prohibition imposed by or under any law on

advocates shall also apply to law firms.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 88D Register of legal professionals and law firms. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)

The Committee shall maintain and keep updated a

Register containing the following information

(a) the names of persons who are in possession of a

warrant to practice as advocates;

(b) the names of persons who are in possession of a

warrant to practice as legal procurators;

(c) the name of law firms set up in terms of this Title,

including the names and identifying details of those

advocates and other warranted professionals being

members of such law firms.

(2) The Register shall be made available for public inspection

without charge.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 89 Appointment of official curators, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Minister responsible for justice shall nominate

such panels as he may deem fit, each panel consisting of such

number as he may deem fit of advocates, legal procurators and

other experts, to perform the duties of curators, advocates or legal

procurators ex officio and experts in the Courts of Malta and Gozo,

and public auctioneers as occasion may require under this Code.

(2) The advocates and legal procurators appointed under sub-

article (1) shall also be bound to give their assistance to any person

who, not being entitled to the benefit of legal aid, shall apply to the

competent court for such assistance, and shall satisfy the court, in

such manner and by such means as the court may prescribe, that

prima facie he has reasonable grounds for taking or defending or

being a party to proceedings and that he did not succeed in

engaging the services of another advocate or legal procurator

Provided that any advocate or legal procurator appointed by

the court to give such assistance as aforesaid, shall not be bound to

give his assistance, unless the applicant deposits with the registrar

a sum which, in the opinion of the registrar, is sufficient to cover

the fees of such advocate or legal procurator.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 90 Appointment of official curators, etc., for the Gozo court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Deleted by: III.2002.158.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 91 Publication of lists. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A list of the members of the panels appointed as aforesaid

shall be published in the Gazette.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 92 Performance of duty in rotation. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The persons appointed under the provisions of this Title

shall perform their duties in rotation.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 93 Order of rotation. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The rotation shall be according to the order in which the

names of the persons appointed are placed on the rota of the

respective court by which the selection is to be made, unless there

is some reasonable objection against the person whose turn it is on

the rota, in which case the person immediately next on the rota

shall be selected and the person objected to as aforesaid shall be

entitled to the next turn in regard to which there shall be no

objection.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 94 Appointment of person outside the rota. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where, owing to impediment or challenge of the persons

on the rota, the required selection of an advocate, legal procurator

or accountant cannot be made from among such persons, the court

shall appoint another person, although not on the rota.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 95 Gratuitous legal aid by curators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The curators selected under the preceding articles of this

Title, in causes where either both parties or the party at whose

request their selection was made have or has been admitted to sue

o r d e f en d w i th t h e b e n ef i t o f l eg a l a i d , o r t o b e a p ar ty t o

proceedings or continue such proceedings with such benefit, shall

g i v e t h e i r s e r v i c e s g r a t u i t o u s l y, s a v i n g t h e i r r i g h t t o s u c h

remuneration as is expressly allowed to them by this Code out of

the amount or property recovered.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 96 Misconduct or negligence of curators, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In case of misconduct, negligence or any reasonable

objection to any curator selected from the rota to perform the duties

of curator or advocate for legal aid, the court shall have the power

to remove him from the case and to appoint another curator from

the rota in his stead

Provided that the court shall through the registrar

communicate to the Minister responsible for justice, the relevant

decree.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 97 Illegal practices. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall be an abuse in the exercise of his profession

(a) for any advocate or legal procurator to knowingly,

directly or indirectly employ or accept the services of

any tout; or

(b) for any advocate to agree with a legal procurator or a

notary public, or for a legal procurator to agree with

any advocate or notary public, to give or to receive any

share of the fees or other remuneration earned by any

of them in respect of professional work; or

(c) for any advocate or legal procurator to act in

contravention of any law or Code of Ethics that may be

in force and applicable to him,

and any judge or magistrate shall report to the Commission for the

Administration of Justice any advocate or legal procurator whom

he suspects to be guilty of such abuse.

(2) In this article, the expression "tout" means any person who

undertakes in return for a fee, reward or remuneration, whether in

cash or in kind or for any other consideration, to find clients for any

advocate or legal procurator.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 97A Appointment of judicial assistants. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The President of Malta shall appoint judicial

assistants to perform such functions as are by this Code or by any

other law assigned to them.

(2) Judicial assistants shall be appointed from amongst persons

who hold the warrant of advocate.

(3) The functions of judicial assistants shall include the

following

(a) to assist in the judicial process and at the request of the

court to participate in the proceedings pending before

a court, including any research or other work required

therefor, and for the purpose of carrying out such

duties and exercise such powers as they may be

required or authorised to perform by such court;

(b) to administer oaths;

(c) to take the testimony of any person that is produced as

witness in any proceedings;

(d) to take any affidavit on any matter, including a matter

connected with any proceedings taken or intended to

be taken before any court or any court or tribunal of

civil jurisdiction established by law;

(e) to receive documents produced with any testimony,

affidavit or declaration, including in particular a

testimony, affidavit or declaration as is referred to in

this Code;

(f)

to hold such sittings as may be directed by the court, to

meet with the advocates and legal procurators of the

parties for the purpose of planning the management of the

lawsuit, and to issue deadlines for the submission of

evidence, pleadings or other judicial acts by the parties.

(4) In the performance of their functions judicial assistants

shall be assigned to a court and shall act under the direction and

control of the court before which the case is pending and shall, in

addition to any power lawfully assigned to them by such court,

have the power to order the attendance of any person for the

purpose of giving evidence or to make an affidavit or a declaration,

or to produce documents, at such place and time as they may

specify in the order.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 97B Oath of office. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A judicial assistant shall not enter upon the functions

of his office before he has taken, before the Court of Appeal, the

oath of office in the following terms

I............................do swear that I will faithfully and with all

honesty and to the best of my ability perform the duties of judicial

assistant as prescribed by law.

(2) The provisions of Sub-Title II of Title II of Book Third

shall apply to judicial assistants, except that the decision on any

such matter shall be taken by the court before which the case is

pending.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 97C Decisions by judicial assistants. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Without prejudice to the provisions of sub-article (2) of

article 97B, where in proceedings before a judicial assistant a

question arises relating to or connected with the same proceedings,

that question shall in the first place be decided by the judicial

assistant who shall without delay and in any case not later than

three days from the date of the said decision, inform the court of

the decision, and the decision of the judicial assistant shall be

binding unless the court shall by decree, decide otherwise.

BOOK SECOND

O F THE P ROCEDURE IN THE C OURTS OF J USTICE OF

C IVIL J URISDICTION

G ENERAL P ROVISIONS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 98 Nullity of judicial acts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any judicial act done in virtue or in pursuance of an act

which is null is equally null.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 99 Reiteration of an act which is null. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any act which is null may be replaced by another, provided

the peremptory time within which the act is to be done has not

elapsed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 100 Nullity of form not to be pleaded by person giving rise thereto. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No person may plead a nullity of form, of which he or his

agent has been the cause.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 101 Running of legal or judicial times. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any legal or judicial time the running of which is

dependent on an act requiring service or publication , shall

commence to run from the day on which such act has been duly

served or published.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 102 Dies a quo. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where any legal or judicial time is to be reckoned from a

stated day, such day shall not be considered as included in the time

itself; and where it is to be reckoned by hours, the hour in which

service is effected shall not be considered as included in the time.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 103 Computation of times. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the reckoning of any time, the day is reckoned at

twenty-four hours, and the month and the year are reckoned

according to the calendar.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 104 Time of twenty- four hours. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Save as otherwise expressly provided, the time of twenty-

four hours shall be deemed to expire on the following day at the

hour established for the closing of the registry.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 105 Legal or judicial time to run against both parties. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any legal or judicial time shall run also against the party

at whose request or for whose benefit such time is allowed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 106 Times, other than peremptory, may be extended. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any legal or judicial time, not being peremptory, may be

extended on good cause being shown, provided the request for such

extension is made within the time the extension of which is sought.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 107 Abridgement of legal time in urgent cases. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court, in cases of urgency, to

abridge any legal time and to order that an act be carried into

execution from one day to another or from one hour to another or

forthwith.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 108 Public holidays not to suspend the running of times. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The days referred to in the next following article shall not

suspend the running of times; but if the last day of any legal or

judicial time is any such day, the time shall be deemed to expire on

the next following day, not being any such day.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 109 When sittings are to be held, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Court sittings may be held on such days and at such

times as may be prescribed by the Minister responsible for justice

by regulations made under this article and during such other time as

the court may, in its discretion, fix.

(2) The registries of the courts shall be open for the filing of

judicial acts during such days and at such times as may, by

regulations, be prescribed by the Minister responsible for justice

under this article

Provided that any of the aforesaid registries may by special

order of the court or by order given in writing by the registrar, be

opened for the filing of judicial acts on any day or at any time.

(3) The Director General (Courts) and the registrar shall abide

by and fully execute any order of the court to open the court on any

day and at any time as the court may specify in the order.

(4) A judicial act may be served or carried into execution on

such days, at such times and in such manner as may be prescribed

by the Minister responsible for justice by regulations made under

this article

Provided that by special order of the court or by order given

in writing by the registrar in cases of urgency, it shall be lawful to

serve or carry into execution any judicial act on any other day or at

any other time.

(5) The Registrar shall not refuse to give an order under sub-

article (2) or (4) unless he has referred the matter to the competent

court for its decision.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 110 Power to administer oaths. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Every court and every judge or magistrate shall have

power to administer oaths.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 111 Form of oath in accordance with religious persuasion. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A witness professing the Roman Catholic faith shall be

sworn according to the custom of those who belong to that faith;

and a witness not professing that faith shall be sworn in the manner

which he considers most binding on his conscience.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 112 Oath of witnesses and referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Witnesses or other persons required to take the oath

shall swear to tell the truth, the whole truth and nothing but the

truth.

(2) Referees shall swear faithfully and honestly to perform the

duties assigned to them.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 113 Power of court to make warning as to obligation of oath. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court, before which an oath is to be taken, shall have

power to warn the party about to take the oath, as to the obligation

of the oath and the consequences of perjury.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 114 Oath to be taken personally. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The oath shall in all cases be taken personally by the party

to be sworn.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 115 Judicial acts accessible to all persons. Copies. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The acts of every court shall be accessible to all persons,

and copies thereof shall be given out at the request of any person.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 116 Original acts not to be taken out. Exception. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No original act may be given out to any advocate, legal

procurator, litigant or other person not employed in the courts,

unless the court, for any purpose connected with the cause or for

any other just reason, shall otherwise order.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 117 Acts issued in the name of the Republic of Malta. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

* Every warrant of the superior courts shall be issued in the

name of the Republic of Malta and shall be witnessed by a judge or

by a judicial assistant so delegated for the purpose by a judge; any

such delegation shall be published in the Gazette

Provided that no such delegation shall be made in respect of a

warrant of prohibitory injunction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 118 Signing of acts by judge or magistrate. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Without prejudice to the provisions of article 117, any act

requiring the signature of a judge or magistrate shall be signed by

the judge or magistrate of the respective court or, where the court

consists of more than one judge or magistrate, by one of such

judges or magistrates.

*Vide article 11(2) of Act VII of 2007 for commencement.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 119 Any judge may give directions on ex parte applications. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Notwithstanding the provisions of the last preceding

article, any judge may give the requisite directions upon any ex

parte application filed in any contentious matter in any of the

superior courts, and may sign any warrant to be issued under the

authority of any of the said courts.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 119A Number of copies to be filed. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any person shall, when filing in the registry of the court

any act or document which requires service to another party,

besides the original copy, file such number of copies as is equal to

the number of persons who are to be served with the act or

document.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 120 Forensic year. Sessions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Revoked by Act XXXI.2002.52.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 121 Vacations in superior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Revoked by Act XXXI.2002.52.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 122 No sittings to be held during recess. Exceptions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Revoked by Act XXXI.2002.52

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 123 Issue of warrants during recess. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Vacations as may be established by regulations under

article 109 shall not be a bar to the issue or execution of any

warrant, whether executive or precautionary.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 124 Meaning of "working days". — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In this Code, the phrase "working days" does not include

Saturdays.

P ART I

O F THE O RDINARY M ODE OF P ROCEDURE IN C ONTENTIOUS

M ATTERS

G ENERAL P ROVISION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 125 Procedure in superior courts and inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the superior courts and in the Court of Magistrates

(Gozo) in its superior jurisdiction, proceedings are ordinarily

instituted by application, whether sworn or not, as provided by law.

(2) In the Court of Magistrates (Malta), and in the Court of

Magistrates (Gozo) in its inferior jurisdiction, proceedings are

instituted by application.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

Title I

O F THE M ODE OF P ROCEDURE BY A PPLICATION FOR A PPEAL

Substituted by

XXIV.1995.56.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 126 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Proceedings by

libel in first

instance.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 127 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Libel.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 128 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Contents of libel.

Amended by

X.1856.1.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 129 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Documents to be

produced with

libel.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 130 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Mode of

production of

documents.

Amended by

IX.1886.4

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 131 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Security for

judicial costs.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 132 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Service of libel on

defendant.

Amended by

XV.1913.39;

XIX.1965.5.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 133 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Time for answer to

libel in Civil Court.

Amended by

IX.1886.15.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 134 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Time for answer to

libel filed in Gozo

court.

Amended by

IX.1886.15;

XV.1913.40;

VIII: 1990.3.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 135 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Contents of

answer.

Amended by

X.1856.3;

IV.1868.2.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 136 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Mode of admitting

claim.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 137 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Service of answer.

Time for reply.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 138 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Contents of reply.

Amended by

X.1856.4;

IX.1886.16.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 139 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Service of reply.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 140 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Power of court in

regard to pleadings

containing

unnecessary

matter.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 141 Closing of written pleadings in first instance. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.57.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 142 Ordinary procedure before appellate court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Save as otherwise provided by this Code or by or

under any other law, the mode of procedure before an appellate

court is by application.

(2) The application shall contain the prayer that the judgment

appealed from or any part thereof be reversed or varied.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 143 Contents of application of appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The application for the reversal of a judgment shall

contain a reference to the claim and to the judgment appealed from

together with detailed reasons on which the appeal is entered and a

request that the said claim be allowed or dismissed.

(2) The application for the variation of a judgment shall

contain a reference to the claim and to the judgment appealed from

and shall distinctly state the heads of the judgment complained of

together with detailed reasons for which the appeal is entered and,

in conclusion, shall state, specifically, the manner in which it is

desired that the judgment be varied under each head.

(3) The application for the reversal, annulment or variation of a

decree shall contain a reference to the contents of the decree

appealed from together with the detailed reasons for such reversal,

annulment or variation.

(4) In the case mentioned in this article a request for reversal

shall be deemed to include a request for annulment and variation of

a judgment or decree, and a request for annulment shall be deemed

to include a request for a reversal and variation of a judgment or

decree.

(5) The default of compliance with any of the requirements of

sub-articles (1), (2) and (3) shall not make void the application; but

the court shall, in any such case, make an order directing the

appellant to file, within two days, a note containing such particulars

as are required by law and which have not been duly stated in the

application.

(6) The cost of the order and of the filing of the note shall be

borne by the appellant.

(7) The provisions of sub-articles (5) and (6) shall, in the case

referred to in article 240, apply to the answer.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 144 Service of application of Appeal. Time for answer. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) An appeal may be entered by any party against all the

other parties or against any one of them. The appellant shall

indicate in the application of appeal the parties against whom the

appeal is directed. The application of appeal shall be served on all

the parties but only the parties against whom the appeal is directed

shall, within the time of thirty (30) days, file their respective

answer containing the reasons why the appeal should be dismissed

Provided that in causes where there are more than three

plaintiffs or more than three defendants the application of appeal

and any other notice, including the notice of trial relating to the

appeal, may be served upon any two of the plaintiffs or upon any

two of the defendants, as the case may be, and upon an advocate

and a legal procurator who before the court at first instance had

acted on behalf of the other plaintiffs or defendants

Provided further that where there is no advocate or legal

procurator as referred to in the first proviso or where any such

advocate or legal procurator has informed the appellant of the

cessation of the character in which the advocate or legal procurator has

acted, the party requesting to effect service of the application of appeal

may request the court before which the appeal is filed to authorise

service to all parties, other than the two plaintiffs or the two

defendants as the case may be, referred to in the preceding proviso, by

publication in the Gazette and in one or more daily newspapers as the

court may direct, without any further procedures or requirements.

(2) In the case of a cross appeal in terms of article 240, the

party against whom the cross appeal is directed shall within the

said time of thirty (30) days file a reply rebutting the allegations

included in the cross appeal.

(3) When two (2) or more parties file an application of the appeal

or the reply together, they shall, on filing the written pleading, state a

single 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.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 145 Production of documents. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No new documents may be produced together with the

application, reply, or rejoinder without authorization from the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 146 Closing of pleadings in appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The written pleadings in appeal shall be deemed to be

closed by the answer to the application, or, in default, on the

expiration of the time allowed for such answer.

(2) Where, according to the provisions of article 144(2), a reply

is allowed, the written pleadings shall be deemed to be closed by

the reply, or, in default, on the expiration of the time allowed for

such reply.

(3) The default of any party in filing an answer or reply within

the prescribed time limits shall not preclude such party from

appearing before, or making submissions to, the court during the

hearing of the appeal.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 147 Power of court to order additional pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court may, after the close of written pleadings in

line with article 146, whenever, under the circumstances, it shall

deem it expedient so to do, make an order allowing any of the

parties to file an additional written pleading with leave to the

opposite party to file, if he so desires, another written pleading in

reply, within such times as the court shall direct.

(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.

(3) If no time is fixed by the court, the party allowed to file

such additional written pleading shall do so within ten days from

the day of the order, and the opposite party shall file his answer

within an equal time to be reckoned from the service of the former

written pleading. Such times may be extended only once, on good

ground being shown.

(4) Nothing in the provisions of this article shall preclude the court

from requesting an oral hearing as provided in article 207(5).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 148 Time within which defendant may admit claim. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.63.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 149 Time for filing written pleadings not to run during vacations. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.63.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 150 Cases in which production of documents is permitted outside prescribed time. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Court of Appeal shall only allow the production of

new documents -

(a) if, notwithstanding all due diligence, the document

could not be obtained before the filing of the pleading

with which it should have been produced, and the

filing of such pleading could not, without prejudice, be

delayed; or

(b) if the court is satisfied of the necessity or expediency

of having the document before it

Provided that, in any such case, the court may, in

adjudging the costs of the cause, take into account the

tardy production of the document; or

(c) if the opposite party, by a separate note, or by an

annotation in the margin or at the foot of the note by

which the document is produced, gives his consent

thereto; or

(d) if it is proved, by oath or otherwise, that the party

producing the document, had not been aware of it, or

could not, with the means provided by law, have

produced it, in due time; or

(e) if the document to be produced is a book or other

paper in the original, copies whereof or extracts

wherefrom, relating to the matters at issue, were

produced in due time; or

(f)

before any referee, if bearing on the subject-matter of

his reference.

(2) Any necessary demand concerning any collateral issue

shall, however, be allowed at any stage of the cause, as occasion

may require.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 151 Cause book. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The registrar shall note down in a book to be kept for the

purpose, the causes the written pleadings whereof shall have been

closed as provided in article 146, following the order of the date on

which the written pleadings were closed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 152 List of causes set down for hearing. Parties to be served with notice of day of hearing. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(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.

(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.

(4 The said notice shall be in writing. If the appellant is not

served with the said notice, the registrar, unless he has been

exempted as stated in sub-article (1), shall, within ten 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.

(5) It shall be lawful for the court, to proceed to judgment or, to

order the hearing of a cause the written pleadings whereof have

been closed, irrespective of its turn.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 153 Default of written pleadings not to debar party from appearing at hearing of cause. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(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.

Title II

O F THE M ODE OF P ROCEDURE BY SWORN APPLICATION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 154 Proceedings by sworn application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The procedure by sworn application is considered to

institute a cause, when the court issues or gives an order to a party

to appear before it on the day and at the hour appointed, in order to

show cause why the claim contained in the sworn application

should not be allowed.

(2) In the appointment of such day allowance shall be made for

the time required for the preliminary written procedures of the case

to be closed, provided that in urgent cases the court may appoint a

day for the trial of the case before the close of the preliminary

written procedures.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 155 Form of writ of summons. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(Repealed by Act XXII.2005.16.).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 156 Drawing up and contents of sworn application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The sworn application shall be prepared by the

plaintiff and shall contain -

(a) a statement which gives in a clear and explicit manner

the subject of the cause in separate numbered

paragraphs, in order to emphasise his claim and also

declare which facts he was personally aware of;

(b) the cause of the claim;

(c) the claim or claims, which shall be numbered;.and

(d) in every sworn application, the following notice shall

be printed in clear and legible letters immediately

under the Court heading

“Whosoever is in receipt of this sworn

application in his regard shall file a sworn reply

within twenty (20) days from the date of service

thereof, which is the date of receipt. Should no

written sworn reply be filed in terms of the law

within the prescribed time, the Court shall

proceed to adjudicate the matter according to

law.

It is for this reason in the interest of whosoever

receives this sworn application to consult an

advocate without delay that he may make his

submissions during the hearing of the case.”.

(2) Such documents as may be necessary in support of the

claim shall be produced together with the sworn application.

(3) The sworn application shall be confirmed on oath before

the registrar or legal procurator appointed as Commissioner for

Oaths under the Commissioners for Oaths Ordinance.

(4) The plaintiff shall together with the declaration also give

the names of the witnesses he intends to produce in evidence

stating in respect of each of them the facts and proof he intends to

establish by their evidence.

(5) Where several actions are brought together as provided in

article 161(3), (4) and (5), it shall at least be one of the plaintiffs

wh o sh all confirm on oat h before t he registrar o r the legal

procurator appointed as Comm issioner for Oaths under the

Commissioners for Oaths Ordinance, and the provisions of sub-

article (1)(a) shall apply.

(6)

The application shall be served on the defendant.

(7) The registrar shall not receive any application which does

not satisfy the elements of sub-article (1) and the court shall not

allow any witness to be produced unless his name shall have been

given together with the application.

If the necessity of producing a witness arises at any time

after the filing of the sworn application or if the opposite party

gives his consent in the manner prescribed in article 150(1)(c), or if

the court deems it in the interest of justice to hear a particular

witness, the court may allow such witness to be heard.

(8) When the proof intended to be established by each witness

is not stated or adequately stated in the declaration, the court shall

on the first day appointed for the pretrial hearing order the plaintiff

to indicate adequately the proof he intends to establish by each

witness within a time to be fixed by the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 156A Cumulative writ of summons. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.68.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 157 Service of sworn application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be the responsibility of the plaintiff to cause a copy

of the sworn application, any affidavit of the plaintiff and of the

documents attached with the application to be served on the

defendant, and such service shall be effected through the Registrar.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 158 Sworn reply and note of admission, filing, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The defendant shall file his sworn reply within twenty

days from the date of service, unless he intends to admit the claim.

(2) Where the defendant intends to admit the claim wholly and

unconditionally, he shall file a note to that effect.

(3)

Otherwise, he shall file a sworn reply containing -

(a) any such pleas as would be taken to be waived if not

raised before the contestation of the suit;

(b) a clear and correct statement of the pleas on the merits

of the claim or claims without reference to authorities;

(c) the defendant, or one of the defendants if there are

more than one defendant, shall also confirm on oath in

the sworn reply with numbered paragraphs, all the

facts concerning the claim, denying, admitting or

explaining the circumstances of fact set out in

plaintiff’s declaration, while stating which facts are

within his own knowledge.

(4) The sworn reply shall be confirmed on oath before the

registrar or legal procurator appointed as Commissioner for Oaths

under the Commissioners for Oaths Ordinance. The defendant shall

also indicate the names of the witnesses he intends producing and

to state with regard to each one of them what he intends proving by

means of their evidence. There shall also be filed together with the

sworn reply such documents as may be required to sustain the

pleas.

(5) The registrar shall not receive any sworn reply which is not

accompanied by the listed requirements in sub-article (3), and the

court shall not allow any witness to be produced whose name shall

not have been given in such declaration. If the necessity of

producing a witness arises at any time after the filing of the

declaration, or if the opposite party gives its consent in the manner

prescribed in article 150(1)(c), or if the court deems it in the

interest of justice to hear a particular witness, the court may allow

such a witness to be heard.

(6) When the proof intended to be established by each witness

is not stated or adequately stated in the declaration, the court shall

on the first day appointed for the pretrial hearing order the

defendant to indicate adequately the proof he intends to establish

by each witness within a time to be fixed by the court.

(7) Where the defendant is absent or is a minor or a person

incapable according to law or a vacant inheritance, and is

represented by an attorney or a curator, then, instead of the

declaration referred to above, a declaration may be made to the

effect that the facts of the case are unknown and that it has not been

possible to obtain the necessary information to contest the claim.

(8) Simultaneously with the filing of the note admitting the

claim or of the sworn reply, as the case may be, the defendant shall

cause an identical copy thereof, certified by himself or his

advocate, to be served through the registry on the plaintiff or his

advocate.

(9) Non-compliance with the provisions of sub-article (7) may

be taken into account by the court in the application of the

provisions of article 223(3).

(10) If the defendant makes default in filing the sworn reply

mentioned in this article, the court shall give judgment as if the

defendant failed to appear to the summons, unless he shows to the

satisfaction of the court a reasonable excuse for his default in filing

the sworn reply within the prescribed time. The court shall,

however, before giving judgement allow the defendant a short time

which may not be extended within which to make submissions in

writing to defend himself against the claims of the plaintiff. Such

submissions shall be served on the plaintiff who shall be given a

short time within which to reply.

(11) The sworn reply, after the conclusion of the evidence of the

plaintiff and before the defendant produces his evidence, may be

amended by means of a separate statement either withdrawing any

of the pleas set up or adding new pleas, saving those pleas which

may be set up at any stage of the proceedings.

(12) With the filing of the sworn reply or on the expiration of the

t erm s l aid dow n i n su b-art icle (1 ), t he prelim in ary writ ten

procedures shall be deemed to be closed, and articles 151 and 152

shall apply.

(13) Notwithstanding the foregoing provisions of this article,

where the court has appointed a day for the trial of the case before

the time allowed for the filing of the sworn reply in accordance

with this article, the defendant shall file the sworn reply not later

than the time at which the case is first heard, and may also file them

before the court at such hearing and serve a copy thereof on the

plaintiff by delivering a copy to him or his advocate at that same

hearing.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 159 The sworn application and the reply not to contain comments or superfluous matter. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Except a reference to the law, the sworn application

and the sworn reply, which are to be in a summary form, may not

contain any comment nor any matter which is not necessary for a

statement of the material facts as regards the sworn application, or

for a rebuttal of those facts or for an indication of the pleas as

regards the sworn reply.

(2) In the case of non-compliance, the court may order any

superfluous matter to be struck out, or the written pleading to be

r e m o v e d f r o m t h e r e c o r d a n d r e p l a c e d b y a n o t h e r m a de i n

accordance with the provisions of this article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 160 Affidavits of witnesses. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any party intending to produce a witness in any

proceedings before any court may, together with the sworn

application or the sworn reply, as the case may require, file in the

registry of such court an affidavit taken by such witness before a

judicial assistant or any other p erson authorised by law to

administer oaths, and a copy of such affidavit shall be served on the

other party.

Title III

O F THE O RDINARY M ODE OF P ROCEDURE IN C ONTENTIOUS

M ATTERS AS APPLIED TO THE RESPECTIVE C OURTS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 161 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the Superior Courts and in the Courts of

Magistrates in Malta and in Gozo, proceedings are ordinarily taken

by application while those in the superior shall be sworn.

(2) Proceedings may also be taken by application in the cases

prescribed by or under a law.

(3) Two or more plaintiffs may bring their actions by one sworn

application or by one not sworn application as the case may be, if

the actions are connected in respect of the subject matter thereof or

if the decision of one of the actions might affect the decision of the

other action or actions and the evidence in support of one action is,

generally, the same to be produced in the other action or actions.

The cause and subject matter of the actions shall be clearly and

specifically stated in respect of each plaintiff.

(4) Nevertheless, any of the actions so brought together shall

be tried separately at the request of a plaintiff with regard to his

action; and the court may also order that any action be tried

separately when it is not expedient that the actions of all the

plaintiffs be tried together. Any such order may be made at any

stage of the proceedings before final judgement.

(5) Where the several actions are brought together as provided

in sub-article (3) they shall be taken cumulatively for determining

the competence of the court. Such court shall remain competent in

respect of any action separated in accordance with sub-article (4).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 162 Proceedings by writ of summons. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.73.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 163 Mode of procedure in Commercial Court and in Gozo court in its superior commercial jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.74.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 164 Nullity of proceedings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Saving the provisions of article 175, nullity shall

ensue if proceedings which should have been instituted by sworn

application or by application of appeal are instituted by any other

judicial act.

(2) No nullity shall ensue if a cause which should have been

instituted by application is instituted by sworn application

Provided that any additional costs incurred shall be borne

by the plaintiff

Provided further that the provisions of this sub-article shall

apply where in accordance with any law other than this Code

proceedings are to be instituted by application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 165 Leave to file written submissions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court, on the case being closed, at

the request of either of the parties, to grant leave for filing, within a

time to be fixed by the court, a written pleading containing a

summary of his submissions provided the opposite party shall not

show that such leave would cause a delay to his prejudice.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 166 Written submissions in reply. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where leave as provided in the last preceding article is

granted to either of the parties, the opposite party shall be entitled

to file in reply another written pleading within a time equal to that

which shall have been fixed by the court as aforesaid, to be

reckoned from the day of the service of the written pleading for the

filing of which the court shall have granted leave.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 166A Special procedures in respect of certain unopposed claims etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In actions for the recovery of a debt certain,

liquidated and due not consisting in the performance of an act, and

where the amount of the debt does not exceed twenty-five thousand

euro (€25,000), or such other sum as may be established from time

to time by Order in the Gazette by the Minister, it shall be lawful

for the creditor to proceed in accordance with the following sub-

articles of this article

Provided that where the debt is not liquidated the creditor

may proceed in accordance with this article if he limits his debt to

an amount not exceeding twenty-five thousand euro (€25,000) and

expressly renounces to any part of his claim that may upon liquidation

exceed the said sum of twenty-five thousand euro (€25,000), or such

other sum as may be established from time to time by Order in the

Gazette by the Minister

Provided further that the creditor may only proceed

according to this article if the debtor is present in Malta and is not a

minor or a person incapacitated according to law or if the debt is

not due by a vacant inheritance. The appointment of curators under

Title XI of Book Third of this Code shall not apply to proceedings

under this article

Provided further that, without prejudice to the provisions of

the Motor Vehicle Insurance (Third Party Risk) Ordinance, when a

debt to which this article applies is covered by an insurance policy

the insured shall, without prejudice to that stipulated in the

insurance policy, within fifteen days from service upon him of the

judicial letter made in accordance with this article, give to the

insurer notice in writing of the said judicial letter and of any

particulars of the claim of which he is aware. In default, any

executive title obtained in accordance with this article shall have no

effect with regard to the insurer.

(2) The creditor shall proceed by filing a judicial letter which

shall be drawn up in the form established by legal notice by the

Minister responsible for Justice and the content of which shall be

confirmed on oath by the creditor, either before the registrar or

legal procurator appointed as Commissioner for Oaths under the

Commissioners for Oaths Ordinance, to be served upon the debtor

wherein shall be stated clearly, under pain of nullity, the cause of

the claim, the reasons why the claim should be upheld, and a

statement of facts in support of the claim

Provided that sub-articles (3), (5) and (6) of article 187 of

this Code may not be availed of to effect the service of the

aforesaid judicial letter.

(3) The judicial letter shall also on pain of nullity contain an

intimation to the debtor that if he does not reply within thirty days

from service upon him of the said judicial letter by presenting a

note in the record of the said judicial letter rebutting the claim and

which note may be signed and presented in court by the debtor

himself without the signature of an Advocate or of a Legal

Procurator being required, such official letter shall, constitute an

executive title

Provided that

(a) the debtor may in such note admit the claim in part

only and oppose it in other parts, and where the claim

is opposed in part only it shall be deemed admitted to

the extent that it has not been so opposed;

(b) where the debtor shall have opposed a claim or part of

a claim which is subsequently upheld, the costs

relative to the claim or part thereof opposed and

subsequently upheld shall be borne by him;

(c) the costs of any claim or part thereof that is opposed

and not subsequently upheld shall always be borne by

the creditor;

(d) where the debtor has duly opposed the claim, the

special procedure contained in this article may not be

used again against the debtor as regards the same

claim contained in the judicial letter served on the

debtor; and

(e) where the claim arises under the Motor Vehicle

Insurance (Third Party Risk) Ordinance the said

judicial letter shall under pain of nullity be also

notified to the authorised insurance which shall have

the same rights under this article as though it were the

debtor as aforesaid.

(4) Where the debtor does not oppose the claim, within thirty

days from the notification thereof to the debtor, or where the debtor

only opposes the claim in part within the aforesaid term, the

judicial letter shall for the purposes of any law in respect of the

claim so unopposed or the part therein so unopposed, constitute an

executive title as if such judicial letter were included in article

253(a).

(5) Any executive title obtained according to the provisions of

this article in the absence of any opposition on the part of the

debtor shall be rescinded and declared null and void if upon a

request by application in the Court of Magistrates (Malta) or in the

Court of Magistrates (Gozo), as the case may be, to be filed by the

debtor within twenty days from the first service upon him of any

executive warrant or other judicial act based on the said title, the

court is satisfied that

(i)

the debtor was unaware of the said judicial letter

because he was not duly notified; or

(ii) the judicial letter did not contain the

requirements laid down in sub-articles (1), (2) or

(3)

Provided that the said application shall be appointed for

hearing within two weeks.

(6) No opposition other than that specifically provided for in

sub-article (5) shall stay the issue or execution of any executive act

obtained thereunder or the paying out of the proceeds of any

warrant or sale by auction carried out in pursuance thereof.

(7) Notwithstanding the other provisions of this article, where

a judicial letter filed in terms of this article is not notified upon the

debtor within six months from when the said letter is filed, the

procedure provided for in this article shall no longer apply without

prejudice to the right of the creditor to file another judicial letter in

terms of this article with respect to the same claim.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 166B Registration of Executive Titles obtained pursuant to article 166A. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A judicial letter issued in terms of article 166A shall

not constitute an executive title unless it is registered according to

the provisions of this article which shall apply to the registration of

such judicial letters as executive titles.

(2) The applicant for the registration of a judicial letter which

qualifies as an executive title shall present to the Registrar of the

Court a legal copy of the judicial letter, including evidence of

service, and a copy of any response received thereto, if any.

(3) Upon receipt of the documents described in sub-article (2)

the Registrar shall examine the documents presented and shall

verify whether the debtor has filed a note of reply within the

stipulated time and if he is satisfied that the conditions for the

registration of the judicial letter as an executive title subsist he

shall proceed to register the documents presented in a register to be

known as the Register of Judicial Letters as Executive Titles which

shall be maintained by the Registrar for the purposes of article

166A.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 167 Special summary proceedings. Repealed by: IX.1886.25. Re-enacted by: XV.1913.52. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)

In actions within the jurisdiction of the superior

courts or the Courts of Magistrates (Gozo) in its superior

jurisdiction, where the demand is solely -

(a) for the recovery of a debt, certain, liquidated and due,

not consisting in the performance of an act; or

(b) for the eviction of any person from any urban or rural

tenement, with or without a claim for ground rent, rent

or any other consideration due or by way of damages

for any compensation, up to the date of the surrender

of the tenement, or

(c) for the eviction of an operator, lessee or other occupants,

including any members of their staff from seagoing

vessels or aircrafts,

it shall be lawful for the plaintiff to pray in the sworn application

that the court gives judgment allowing his demand, without

proceeding to trial

Provided that the plaintiff shall, in his declaration made in

terms of article 156(3) state that in his belief there is no defence to

the action

Provided further that the plaintiff may also file a sworn

affidavit of any other person, containing facts relative to the claim,

and confirming that such facts are within the knowledge of such a

person.

(2) In the cases provided for in this article, the sworn

application shall be in writing according to the prescribed form and

shall contain an order to the defendant to appear before the court,

on an appointed day and at a stated time.

(3) The provisions of article 156(1)(a), (b) and (c), (2) and (3)

and of article 159 shall apply to the said sworn application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 168 Service on defendant. Repealed by: IX.1886.25. Re-enacted by: XV.1913.52. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A copy of the declaration and any affidavit and of the note

of the documents produced with the sworn application shall be

served upon the defendant, together with the sworn application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 169 Time for service of sworn application. Repealed by: IX.1886.25. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the cases referred to in article 167, the sworn application

shall be served on the defendant without delay; and he shall be

ordered to appear not earlier than fifteen days and not later than

thirty days from the date of service

Provided that in the case of non-observance of the

provisions of this article the court shall not stop proceedings by

special summary proceedings but shall give such orders as it may

consider appropriate so that the rights of the parties be not

prejudiced.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 169A Mode of service. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The sworn application, the declaration and any affidavit

and note produced therewith, and any order referred to in articles

168 and 169 shall be served by means of any executive officer of

the courts.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 170 Trial in special summary proceedings. Repealed by: IX.1886.25. Re-enacted by: XV.1913.52. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the defendant fails to appear to the sworn

application, or if he appears and does not impugn the proceedings

taken by the plaintiff, on the ground of irregularity or

inapplicability, or, having unsuccessfully raised such plea, does not

by his own sworn evidence, or otherwise, satisfy the court that he

has a prima facie defence, in law or in fact, to the action on the

merits, or otherwise disclose such facts or issues of law as may be

deemed sufficient to entitle him to defend the action or to set up a

counter-claim, the court shall forthwith give judgment, allowing

the plaintiff’s claim. The defendant may make his submissions to

impugn the proceedings taken by plaintiff on the ground of

irregularity or inapplicability by means of a note to be filed in the

registry of the court or during the hearing.

(2)

If the defendant successfully impugns the proceedings on

the ground of irregularity, or inapplicability, or if he satisfies the

court that he has a prima facie defence to the action, or discloses

such facts or issues of law as may be deemed sufficient to entitle

him to defend the action or to set up a counter-claim, he shall be

given leave to defend the action and file a statement of defence

within twenty days from the date of the order referred to in sub-

article (4), in which case the defendant shall comply with the

provisions of article 158 so far as applicable.

(3) Where leave to defend is given, the action shall be tried and

determined, on the same acts, in the ordinary course as provided in

this Code.

(4) The order giving leave to defend shall be made orally, a

record thereof being kept in the proceedings.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 171 Mode of procedure in inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the Court of Magistrates (Malta) and in the Court of

Magistrates (Gozo) in its inferior jurisdiction, proceedings shall be by

application which shall be according to the prescribed form and take

the form of a mere notice signed by the Registrar, containing the name

and the surname of the plaintiff and of the defendant, the demand of

the plaintiff, and the day and hour when the defendant is to appear,

besides other particulars as may from time to time be prescribed.

(2)

The cause shall be summarily heard in terms of article 215.

(3) Without prejudice to article 23, in the said courts, the

judgment need not contain all the reasons thereof, but may merely

list the main points upon which the court would have based its

conclusions.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 171A Mediation. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

On the day appointed for the first hearing, the Court shall

e x a m i n e p r i m a f a c i e w h e t h e r, d u e t o ci r c u m st an ce s o f t h e

particular case, there are grounds to refer the issue to mediation,

and the following provisions shall apply

(a) the Court shall give a decree to the effect, in camera,

on the appointed day itself;

(b) the provisions of article 18 of the Mediation Act shall

apply when the Court decrees that an attempt should

be made to resolve the dispute by means of mediation;

(c) no appeal shall lie against Court decree, delivered in

terms of paragraph (a); and

(d) the provisions of this article shall not apply in

instances when an obligation to resort to mediation

arises under another law or in cases of judicial review

under article 469A or in cases where the Civil Court

acts in its constitutional jurisdiction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 172 Mode of procedure in appeals from judgments of inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where a reversal or variation of any judgment

delivered by the Court of Magistrates (Malta) or by the Court of

Magistrates (Gozo) in its inferior jurisdiction, is sought,

proceedings shall in all cases be taken by application of appeal.

(2) The application of appeal as well as any other subsequent

act may even be signed by the appellant or by the respondent only.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 173 Orders in camera. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court may, in order to ensure full compliance

with all matters of procedure, or to seek more detailed information,

or to expedite or facilitate proceedings or to avoid the unnecessary

appearance of parties or witnesses, give in camera all such orders

and directives it may think fit, and it shall be sufficient that such

orders or directives be communicated by the registrar even by letter

to the advocates or legal procurators of the parties, which letter is

to be handed personally to such advocate or legal procurator, and,

by post, to the parties themselves. This provision shall apply to any

stage of the proceedings before judgment is delivered. An appeal

from such orders or directives, where admissible, may be entered

only after the definitive judgment and together with an appeal from

such judgment, and such orders or directives may not be challenged

before the definitive judgment is delivered.

(2) Without prejudice to the foregoing provisions of this article

the court may, at any stage of the proceedings -

(a) either on its own motion or on an application by any

party to the proceedings, direct that the evidence of

any person intended to be produced as a witness be

taken before a judicial assistant at such place and time

under such conditions as may be specified in the order;

(b) on an application by any party to the proceedings,

desiring to confirm a fact stated in the application, or

in a note accompanying it, by the affidavit of a person

named by the party, order the person so named to

appear for that purpose before a judicial assistant at

such place and time as may be specified in the order;

(c) either on its own motion or on a note filed by any party

to the proceedings, direct that proceedings be stayed

for such period as it considers appropriate, and refer

the parties to a mediator in accordance with the

Mediation Act.

(3) In the case of an order given under sub-article (2)(b), the

judicial assistant shall ask the person named whether he confirms

or denies each fact specified in the application or note and shall

make a record of th e repl ies given tog ether with any other

statement, if any, qualifying his reply, and cause such record to be

confirmed on oath by the person aforesaid. The judicial assistant

shall insert the affidavit in the records of the case and cause a copy

thereof to be served on the parties.

(4)

When an application as in referred to in sub-article (2)(b) is

CODE OF ORGANIZATION AND CIVIL PROCEDURE

filed together with any written pleading referred to in article 160,

the Court may direct that the service of such written pleading shall

be suspended for such period, not exceeding three months, as the

court may determine.

Title IV

P ROVISIONS APPLICABLE TO W RITTEN P LEADINGS AND OTHER

A CTS OF P ROCEDURE

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 174 Contents of written pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Every written pleading shall contain -

(a) an indication of the court or section thereof in which

the pleading is filed, and, in the case of the Court of

Magistrates (Gozo), an indication of the jurisdiction of

the court;

(b) the name and surname of the party pleading and of the

party against whom the pleading is directed, and the

designation, if any, of the capacity in which the parties

appear

Provided that in any case as is referred to in

article 181(1), it shall be sufficient to designate the

office of the party pleading or of the party against

whom the pleading is directed, as the case may be;

(c) the description of the pleading; and

(d) if the pleading refers to an action already brought

before any of the superior courts, the number of that

sworn application to which it refers.

(2) Every written pleading or other act requiring service, must

be accompanied by

(a) a legally valid identification document number, if any, if

the person is pleading in his personal capacity;

(b) the company number if the person pleading is a

partnership or company registered in accordance with

the Companies Act;

(c) a proper and full indication of the place of residence or

business of the party pleading and the professional

address of his advocate and, or, legal procurator;

(d) a proper and full indication of the place of residence or

business and of the party against whom the pleading or

act is directed;

(e) any other particulars as may serve to identify the said

parties as may be established by law or regulation.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 175 Power of court to order or permit amendment of written pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court may, at any stage of the proceedings, at the

request of any of the parties, until judgment is delivered after

hearing where necessary the parties, order the substitution of any

act or permit any written pleading to be amended, either by adding

or striking out the name of any party and substituting another name

therefor or by correcting any mistake in the name or in the

character of the parties, or by correcting any other mistake or by

causing other submission of fact or of law to be added even by

separate note, provided that no such substitution or amendment

shall affect the substance either of the action or of the defence on

the merits of the case.

(2) Any court of appellate jurisdiction may also order or

permit, at any time until judgment is delivered, the correction of

any mistake in the application by which the appeal is entered or in

the answer, including any mistake in the indication of the court

which delivered the decision appealed from, in the name or

character of the parties, or in the date of the judgment appealed

from

Provided that any court of appellate jurisdiction may also

order corrections in the judgment of the court of first instance and

other corrections that the court of appellate jurisdiction considers

to be justified in the acts of the case at any stage of the appeal

proceedings until the appeal is adjourned for judgment, at the

request of any of the parties, and after granting the parties an

opportunity to be heard

Provided further that a court of appellate jurisdiction may

also order corrections in a judgment which it has delivered upon an

application filed by any of the parties within thirty days from the

date of the judgment.

(3) Any judicial or administrative omission or mistake in a

judicial act may until the court shall have delivered judgment and

disposed of the case be remedied by a court of its own motion.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 176 Mode of drawing up pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Pleadings shall be printed, type-written or written in

ink

Provided that in every case they shall be drawn up in clear

and easily legible characters, without blank spaces, interlinear

words, abbreviations or erasures, and, except with the written

authority of the registrar given before the filing of the act, without

corrections, alterations or additions.

(2) Any quantity, sum or measure shall, at least where it first

occurs in the pleading, be expressed in words.

(3) The copies of the pleadings, as would be required for the

service thereof, shall be signed by the same persons as the original.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 177 "With costs." — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The words "with costs" shall in all cases be deemed to be

included in any written pleading where costs may be asked for.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 178 Signing of written pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The written pleadings and the applications whether sworn

or not shall be signed by the advocate and also by the legal

procurator, if any.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 179 Where, when and how written pleadings are filed. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Written pleadings shall be filed in the registry of the

respective court during the time in which, according to the

regulations, the registries are kept open.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 180 Persons who may file written pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Subject to the provisions of article 181, written

pleadings may be filed -

(a) personally by the party pleading in his own name, or

by the person pleading in a representative capacity as

the parent of the children placed under his parental

authority, or as the tutor, curator, administrator of the

community of acquests, executor, head of a department

or other public administrator, or as attorney on behalf

of any church, community, hospital, or other pious

institution or as administrator of property under

litigation, or as partner or representative of a

commercial firm, or as any of the persons mentioned

in article 181A(2) in the case of a body having a

distinct legal personality, or as agent or representative

of any other lawful association, or as attorney on

behalf of persons absent from the Island, either of

Malta or Gozo, in which the written pleading is filed;

(b) by a legal procurator;

(c) by any other partner of a commercial firm to which the

written pleading refers;

(d) by an ascendant, descendant, brother or sister, uncle or

aunt, nephew or niece, any one of the parents of his

spouse, any one of the spouses of his children, spouse,

appointed as an attorney for the purpose, by the party

pleading whose signature is duly attested in

accordance with article 634(2);

(e) by any joint party to the suit;

(f)

by an advocate, if the written pleading is to be filed in

any of the inferior courts, or in the Court of Appeal in

cases of appeal from judgments of the inferior courts.

(2) Nevertheless, no written pleading containing a waiver of

the proceedings or an admission of the claim or the consent for the

withdrawal of any deposit, may be filed by any person other than -

(i)

the persons mentioned in sub-article (1)(a) and

(c), or

(ii) an attorney specially authorized for the purpose,

or

(iii) the advocate, if any such written pleading is

filed during the hearing of the cause.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 181 Written pleadings filed by a Minister or a public officer. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) When a written pleading is to be filed by the Prime

Minister or other Minister, by a head of department or other public

administrator, it shall be sufficient if there is designated in such

pleading the office of the person filing it and it shall not be

necessary to name the person for the time being holding such

office.

(2) No formality shall be necessary in the records of a case or

in any court proceedings upon any change in the person of the

holder of any office designated as aforesaid or on the appointment

of any person in an acting capacity in any such office or where such

office is merged with another office.

(3) The provision of the last preceding sub-article shall apply

also where there is named in any written pleading the person for the

time being filling the office designated in such pleading, provided

that such office is clearly designated.

(4) The provisions of sub-articles (1), (2) and (3) shall apply

also in respect of the party against whom the pleading is to be

directed where such party is the holder of an office referred to in

the said sub-article (1).

181A.(1) Where a written pleading is filed by or against a body

having a distinct legal personality, it shall be sufficient to state the

name of such body.

(2) Any declaration or pleading to be sworn in terms of law

shall, in the case of a body having a distinct legal personality, be

sworn by the person or persons vested with the legal or judicial

representation thereof or by any company secretary or by any other

person authorised in writing by such body to file judicial acts on its

behalf or to make any such declaration, sworn reply or sworn

pleading.

(3) When a written pleading is to be filed by or against a ship

or other vessel, it shall be sufficient if there is designated the name

of such ship or other vessel, as the case may be, and it shall not be

necessary to mention the name of any person to represent such ship

or other vessel

Provided that the written pleadings mentioned in this sub-article

shall be served in accordance with the provisions of article 187(7).

Liġijiet ta' Malta — Kapitolu 12 — KODIĊI TA’ ORGANIZZAZZJONI U PROĊEDURA ĊIVILI

Art. 181A — KODIĊI TA’ ORGANIZZAZZJONI U PROĊEDURA ĊIVILI Open official source

(1) Meta tiġi preżentata skrittura minn jew kontra korp li

jkollu personalità ġuridika distinta, ikun biżżejjed li wieħed iniżżel

isem dak il-korp.

(2) Kull dikjarazzjoni, jew skrittura li għandha tinħalef skont

il-liġi għandha, fil-każ ta’ korp li jkollu personalità ġuridika

d i s t i n t a , t i n ħ a l e f m i l l - p e r s u n a j e w p e r s u n i l i j k o l l h o m i r-

rappreżentanza ġuridika ta’ dak il-korp jew minn kull segretarju

tal-kumpannija jew minn kull persuna oħra li tkun awtorizzata bil-

miktub minn dak il-korp sabiex tippreżenta atti ġudizzjarji f’ismu

jew li jagħmel dikjarazzjoni, risposta ġuramentata jew skrittura

bħal dawk imsemmija.

(3) Meta għandha tiġi preżentata skrittura minn jew kontra

bastimenti jew inġenji oħra tal-baħar, ikun biżżejjed jekk jissemma

l-isem ta’ dak il-bastiment jew ta’ dawk l-inġenji l-oħra, skont il-

każ, u ma jkunx meħtieġ li jissemma l-isem ta’ xi persuna sabiex

tirrappreżenta lil dak il-bastiment jew dawk l-inġenji

Iżda l-iskritturi msemmija f’dan is-subartikolu għandhom

jiġu notifikati skont id-dispożizzjonijiet tas-subartikolu (7) tal-

artikolu 187.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 181B Judicial representation of Government. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The judicial representation of the Government in

judicial acts and actions shall vest in the head of the government

department in whose charge the matter in dispute falls

Provided that, without prejudice to the provisions of this

article

(a) actions for the collection of amounts due to

Government may in all cases be instituted by the

Accountant General;

(b) actions involving questions relating to Government

employment or to obligations to serve Government

may in all cases be instituted by the Principal

Permanent Secretary;

(c) actions relating to contracts of supplies or of works

with Government may in all cases be instituted by the

Director of Contracts.

(2) The State Advocate shall represent Government in all

judicial acts and actions which owing to the nature of the claim

may not be directed against one or more heads of other government

departments.

(3) Every application, whether sworn or not, or other judicial

act filed against Government shall be served upon each head of a

government department against whom it is directed and upon the

State Advocate and every time limit for the filing of any reply to

any such act by any head of a government department being a

defendant or a respondent in judicial proceedings shall not

commence to run before the act is served upon the head or heads of

the government departments against whom it is directed and upon

the State Advocate. The registrar shall not charge any fees for

effecting the service on the State Advocate.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 181C Transfer of judicial acts and written pleadings between Courts in Malta and Courts in Gozo. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Saving the provisions of article 181D, a judicial act or

a written pleading may be filed in the registry of the Civil Courts

and Tribunals, Malta, for onward transmission by the registrar of

that court to the registrar of the competent civil court or tribunal

sitting in Gozo indicated in the judicial act or written pleading.

(2) It shall be sufficient for all purposes of law for a true copy

of a judicial act or written pleading to be scanned in the registry of

the Civil Courts and Tribunals, Malta, and e-mailed to the registrar

of the competent civil court or tribunal in Gozo indicated in the

judicial act or written pleading.

(3) The registrar receiving the scanned copy as aforesaid shall

acknowledge its receipt by return e-mail to the registrar sending the

scanned true copy of the judicial act or written pleading.

(4) The officer effecting service of the scanned copy of a

judicial act or written pleading as aforesaid shall deliver to the

registrar of the Civil Courts and Tribunals, Gozo, the certificate of

service, duly confirmed on oath before the registrar himself who

shall transmit it to the registrar of the competent civil court or

tribunal in Malta indicated in the judicial act or written pleading

and vice-versa. Such delivery may also be made by electronic mail

and the registrar receiving the certificate of service as aforesaid

shall acknowledge its receipt by return e-mail to the registrar

sending the certificate of service.

(5) The provisions of sub-articles (1) to (4), both inclusive,

shall mutatis mutandis apply when a judicial act or a written

pleading is filed in the registry of the Civil Courts and Tribunals,

Gozo, for onward transmission to the competent civil court or

tribunal in Malta indicated in the judicial act or written pleading.

(6) The date of filing shall be the date when the judicial act or

written pleading was first filed in the registry of the Civil Courts

and Tribunals, Malta and not when the judicial act or written

pleading was received by the registry of the Civil Courts and

Tribunals, Gozo and vice-versa.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 181D Transfer and execution of warrants and orders between courts in Malta and courts in Gozo. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A request for the issue of a warrant or garnishee order

by a civil court or tribunal in Gozo may be filed in the Registry of

the Civil Courts and Tribunals, Malta.

(2) The registrar of the Civil Courts and Tribunals, Malta, shall

transmit such a request to the registrar of the competent civil court

or tribunal in Gozo indicated in the request.

(3) The registrar of the Civil Courts and Tribunals, Gozo shall

forward such a request to the competent civil court or tribunal in

Gozo indicated in the request to deal with it in terms of law.

(4) If the competent civil court or tribunal in Gozo decrees that

such warrant or order is to be executed in Gozo or Comino, a copy

thereof shall be transmitted by the registrar of the Civil Courts and

Tribunals, Gozo indicated in the request to the registrar of the

competent civil court or tribunal in Malta from where the request

originated. A copy of the decree shall be served on the person

requesting the issue of such warrant or order.

(5) The officer effecting execution shall deliver to the registrar

of the competent civil court or tribunal in Gozo indicated in the

request the certificate of service or execution, duly confirmed on

oath before the registrar himself who shall transmit it to the

registrar of the competent court or tribunal in Malta from where the

request originated.

(6) The provisions of sub-articles (1) to (4), both inclusive,

shall mutatis mutandis apply when a judicial act is filed in the

registry of a competent civil court or tribunal in Gozo for onward

transmission to the competent civil court or tribunal in Malta.

(7) The date of filing shall be the date when the warrant or a

garnishee order was first filed in the registry of the Civil Courts

and Tribunals, Malta and not when the warrant or garnishee order

was received by the registry of the Civil Courts and Tribunals,

Gozo and vice-versa.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 182 Persons filing written pleadings are bound to accept service of other written pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where any of the persons mentioned in article

180(1)(b), (c), (d) and (e) has filed any written pleading in terms of

that article, such person shall be bound to accept service of any

other written pleading relating to the cause, unless the opposite

party has been informed by an intimation through the court of the

cessation of the character in which the said person had filed the

pleading.

(2) Notwithstanding the provisions of sub-article (1), the notice

of trial must be served on the party himself.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 183 Duties of registrar in connection with the filing of written pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

When a written pleading is filed, the registrar shall write

thereon the date of filing, the name and character of the person

filing the pleading, and the number of documents produced with the

pleading. He shall also draw up the bail bond in respect of costs,

whenever bail is required, as well as the bond of the parties where

such parties have been admitted to the juratory caution. He shall

note down in the margin the amount paid for fees and the name of

the person paying them.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 184 Difficulty about filing of written pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If any difficulty shall arise in or about the filing of

any written pleading, the registrar shall inform the party concerned,

but he may not refuse to receive such pleading, except in the cases

in which he is expressly enjoined or authorized so to do under the

provisions of this Code. In the case of any such difficulty, he shall,

as soon as possible, make a report thereof to the court, which shall

give the necessary directions for his guidance. He shall, however,

refuse to receive any written pleading which is in open violation of

the provisions of articles 174, 176 and 178.

(2) In all cases, the registrar shall, upon a request to that effect,

state in writing the reason for his refusal.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 185 Service on all parties. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving the provisions of article 186(1), where an act is to

be served on two or more persons even if they live together in the

same address each of them shall be served with a copy of such act.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 186 Designation of person to be served with written pleading. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where two or more parties are pleading together, they

shall, on filing the pleading, apart from giving their respective

addresses, designate, by means of a note, a person, being one of the

persons mentioned in article 180, as that on whom the answer and

any other act of the opposite party may be served on behalf of all

the parties pleading,

(2) If a pleading is directed against two or more persons, such

persons may, on filing a joint answer, designate, by means of a

note, a person, being one of the persons mentioned in article 180, as

that on whom any act of the opposite party may be served on behalf

of all of them.

(3) Where a person is so designated, any service relating to the

act in respect of which such designation was made, shall be

effected on such person

Provided that any of such persons may by means of another

note declare that he henceforth requires separate service at an address,

being the address of his residence or place of business, to be indicated

by him.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 187 Mode of service. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Service shall be effected by the delivery of a copy of the

pleading to the person on whom the pleading is to be served, wherever

such person may be found. Service may also be effected by leaving

such copy at the place of residence or business or place of work or

postal address of such person with a member of his family or

household or with a person in his service or with his attorney or person

authorized to receive his mail. If service is not effected on a first

attempt, the officer charged with the service shall make two other

a t t e m p t s t o s e r v e t h e c o p y o f t h e p l e a d i n g w i t h o ut f u r t h e r

authorisations by the court and such attempts shall be made at different

times of the day with the last attempt at service to be made after

judicial hours. Each attempt of service is to be made after the payment

of the appropriate fee due to the registry. The officer charged with the

service shall file a separate certificate of service for each attempt made

in the acts of the proceedings

Provided that it shall not be lawful to leave such copy with

any person under the age of fourteen years, or with any person who,

at the time of the service, has a mental disorder or other condition, which

renders him incapable of giving evidence of such service. A person

shall be presumed to be able to give such evidence unless the

contrary is proved; and no objection may be raised on the ground of

irregularity of the service for any of those reasons, if it is shown

th a t t he co py h a s a c t ua l ly r e a c h e d t h e p e r s o n to b e s e r v e d

therewith

Provided further that where a person to whom a pleading is

addressed refuses to receive it personally from an executive officer

of the courts, the court may upon an application by the interested

party and after hearing the executive officer of the courts and

considering all the circumstances of the incident, declare by means

of a decree that service shall have been effected on the day and

time of the refusal and such decree shall be considered as a proof of

service for all purposes of law.

(2) In the case of persons on board merchant ships, or members

of the crew having no place of residence in Malta, service may be

effected by delivering such copy to the master of the ship or any

other person acting in that behalf.

(3) If it appears from the certificate of the officer charged with

the service of a written pleading or any judicial act that, although it

does not result that the person upon whom such a pleading or act is

to be served, is abroad, access to his place of residence cannot be

obtained, or his place of residence in not known, the court may

direct service to be effected by the posting of a copy of the written

pleading or act at the place, in the town or district in which official

acts are usually posted up, and by publishing a summary of such

written pleading or act in the Gazette and in one or more daily

newspapers as the court may direct and, where possible, when the

residence is known, by posting up a copy of the pleading on the

door leading to such residence. The court may also adopt such other

measures as it may deem fit to bring the pleading or act to the

notice of the person upon whom the same is to be served. In such

cases, service shall be deemed to have been made on the third

working day after the date of last publication or after the date of

such posting, whichever is the later. In cases where service has

been ordered with urgency, service shall be deemed to have been

made at such time, after posting or publication as the court may

determine, which time is to be stated in the publication or posting.

(4) In the case of a body having a distinct legal personality,

service on such body shall be effected by leaving a copy of the

pleading

(a) at its registered office, principal office, or place of

business or postal address with any of the persons

mentioned in article 181A(2) or with an employee of

such body; or

(b) with any of the persons mentioned in article 181A(2)

in the manner provided for in sub-article (1).

(5) If it appears from the certificate of the officer charged with

the service of a written pleading that service as provided in sub-

article (4) has not been effected, the court may, if it appears that at

least one of the persons mentioned in article 181A(2) is in Malta,

direct service to be effected by the posting up of a copy of the

written pleading at the place in the town or district in which official

acts are usually posted up, where the body has its registered office,

principal office, or place of business, and by publishing a summary

of such written pleading in the Government Gazette and in one or

more daily newspapers as the court may direct and, where possible,

by posting up a copy of the pleading on the door of the registered

office, principal office, or place of business. The court may also

adopt such other measures as it may deem fit to bring the pleading

to the notice of any of the persons mentioned in article 181A(2).

(6) Where it appears that all the persons mentioned in article

181A(2) are absent from Malta or there exist no such persons, the

court shall appoint a curator in the interest of such body as

provided for in article 929(d).

(7) In the case of an action against a ship or other vessel,

service shall be affected by the delivery of a copy of the pleading to

the master thereof or any other person acting in that behalf or, in

the absence of such persons, on the agent of the ship or other

vessel, as the case may be, or in the absence of such persons and

agent, on curators appointed by the court in terms of article 929

Provided that the court may also adopt such other measures

as it may deem fit to bring the pleading to the notice of the person

upon whom the same is to be served.

(8) Saving the provisions of article 193, service may also be

effected by officers of the Post Office in such manner and under

such rules in conformity with postal regulations as the Minister

responsible for justice may order by notice in the Gazette

Provided that, applications of appeal, and sworn

applications made under the provisions of the Constitution of Malta

and the European Convention Act, shall be served by the executive

officers of the courts.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 187A Accessibility of electoral register in electronic format. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Chief Electoral Commissioner shall make

accessible online and free of charge the electoral register for

general elections to the court registries from where the courts, court

officers, advocates and legal procurators may access the data

contained in such register for purposes related to the service of

judicial acts.

(2) The Registrar of Companies shall make accessible, online

and free of charge at the Court Registry, such data related to

companies required for the purposes of service of judicial acts on

such companies, which the courts, court officers, advocates and

legal procurators may access.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 188 Certificate of service. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The officer charged with the service of an act shall, on

the same day when he serves or unsuccessfully seeks to serve the

act, or, at the latest, on the following day, draw up a certificate

stating whether the service was effected or not. In the affirmative,

the certificate shall state the name and surname of the person on

whom service was effected and, if the act was not served directly

on the person on whom service was to be effected, the name and the

surname of the person to whom the copy was delivered and the

place where the act was served; in the negative, the certificate shall

state the reason why service was not effected.

(2) Any certificate referred to in sub-article (1) shall be drawn

up in the manner prescribed by the registrar, who may also direct

that a form or forms printed, impressed or otherwise prepared be

used for the purpose.

(3) The registrar may also require that any such certificate be

confirmed on oath by the officer entrusted with the service and any

such oath shall be administered by the registrar.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 189 Service of acts and execution of warrants and orders in Gozo and Comino. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If an act filed in, or a warrant or garnishee order

issued by any court in the Island of Malta is to be served or, as the

case may be, executed in the Island of Gozo or Comino, a copy

thereof shall be transmitted by the registrar of the said court to the

Registrar of the Court of Magistrates (Gozo).

(2) The officer effecting service or execution shall deliver to

the Registrar of the Court of Magistrates (Gozo) the certificate of

service or execution, duly confirmed on oath before the registrar

himself who shall transmit it to the registrar of the court in which

the act was filed or by which the warrant or order was issued.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 190 Service of acts and execution of warrants and orders in Malta. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If an act filed in or a warrant or garnishee order issued

by the Court of Magistrates (Gozo) is to be served or, as the case

may be, executed in the Island of Malta, a copy thereof shall be

transmitted by any officer of the said court to the registrar.

(2) The officer effecting service or execution shall deliver to

the registrar the certificate of service or execution, duly confirmed

on oath before the registrar who shall transmit it to any officer of

the Court of Magistrates (Gozo).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 191 Mode of preparing copies. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Copies shall be printed, typewritten, made by other

mechanical or electronic means or by any photographic process or

written in ink

Provided that in every case they shall be drawn up in clear

and easily legible characters.

(2) Copies shall also be certified by the person presenting them or

by an advocate or legal procurator to be true copies of the originals.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 192 Penalty in case of irregular copies. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In case of non-compliance with the provisions contained in

the last preceding article, the party shall be entitled to have another

copy made in conformity with the said article at the expense of the

person who prepared the irregular copy, provided that the request

for such other copy be made to the registrar by the party concerned

within two days after the delivery of the irregular copy; and in any

such case, if a time is fixed, it shall not commence to run except on

the delivery of the regular copy.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 193 Provisions of this Title to apply to all courts and to all acts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions contained in this Title shall apply to all the

courts and to all other acts filed by the parties or issued by the

court, in so far as such provisions may be applicable to such courts

and to such other acts

Provided, however, that precautionary and executive

warrants may only be served or executed by officers of the courts.

Title V

O F THE T RIAL OF C AUSES

193A.(1) Causes shall be assigned in accordance with rules of

court or regulations made in accordance with article 29.

(2) Such rules or regulations may also provide for the procedure

to be followed in the pre-trial and trial stages of a cause which has

been set down for hearing.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 194 Posting up of cause list. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The registrar shall cause a list of the causes which are

to be tried at a particular sitting to be posted up at the side of the

entrance of the court room where the causes are to be heard at least

one hour before the case is to be heard, saving urgent cases referred

to in article 154(2).

(2) The list shall bear the date on which it is posted up as

aforesaid and shall be signed by the registrar.

(3) The list shall be deemed to be posted up, according to the

regulations, on the date which it bears and at the time of the closing

of the registry.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 195 Trial of causes. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A cause the written pleadings of which have been

concluded shall be set down either for pre-trial hearings or for trial

hearings as may be provided in regulations and shall be brought to

a conclusion as expeditiously as possible

Provided that in causes before the courts of inferior

jurisdiction, the conclusion of the written pleadings shall take place

when the party to be notified of the relative cause has been so

notified in accordance with the provisions of this Code.

(2)

(a) The Court shall -

(i)

at the first hearing of both at first instance as

well as at the court of appeal stage, make a

record stating the parties who have been served

with the application, with the application on

oath or with the application on appeal as the

case may be and, if it is determined that there

are any parties who have not been so served,

give such orders as it may deem fit so that

services may be effected or other acts prepared;

and

(ii) at the first hearing of both the pre-trial stage and

the trial stage, plan in advance, after consulting

with the advocates of the parties, all the sittings

to be held as well as the projected date of

judgement and shall also direct the parties on

what evidence and submissions it expects to be

made at each sitting

Provided that the court shall, for grave reasons to be

expressly stated in the records of the case or for

reasons of urgency, call any other sittings and request

any other evidence or submissions it deems fit.

(b) The Court may delegate its functions under paragraph

(a) to a judicial assistant.

(3) Unless rules of court are made under article 29, all causes

shall be appointed for hearing within two months and sittings shall

be held on a bi-monthly basis.

(4) The date and time for the hearing shall be determined at

least two months prior to the date fixed for the hearing, provided

that the court may decide, either where it deems to be appropriate

or after consultation with the advocates of the parties or in any

other case where the cause is to be heard with urgency, to fix an

earlier date, and where such date and time has been so fixed, no

adjournment of the hearing shall be granted except for grave and

exceptional reasons to be stated in the records of the case

Provided that in causes which are to be heard with urgency

the said period of two months shall not apply.

(5)

(a) Where a cause has been pending before a particular

court for three or more years, any party to the case

may, personally, and without the need of representation

by an y advocate, present an application, ( which

application shall, however, not form part of the acts of

the case) to the Chief Justice requesting that, for the

simple reason that the cause has taken so long, the

presiding member of the court be changed and the case

assigned to another member of the judiciary; the

decision of the Chief Justice, which shall be taken in

camera, shall be final and conclusive; and where such

assignment takes place there shall be no need for any

notification of such assignment.

(b) Where a cause has been pending for judgment before a

particular court for eighteen months or more, any party

to the case may, personally, and without the need of

representation by any advocate, present an application,

(which application shall, however, not form part of the

acts of the case) to the Chief Justice for this purpose,

and the Chief Justice may, for the simple reason that

the judgment has taken so long to be delivered, allow

the request for the presiding member of the court to be

changed and for the case for judgment to be assigned

to another member of the judiciary; the decision of the

Chief Justice, which shall be taken in camera, shall be

final and conclusive; and where such assignment takes

place there shall be no need for any notification of

such assignment.

(c) The Chief Justice shall draw up a yearly report on any

causes transferred in accordance with the provisions of

paragraphs (a) and (b), detailing the possible reasons

for such delays, and shall send the report to the

Commission for the Administration of Justice. The

Commission shall take such action as it may deem

appropriate in accordance with the provisions of the

Commission for the Administration of Justice Act, and

shall, within three months, publish such report.

(6) Nothing in this article contained shall preclude the court from

deciding a cause on the day fixed for first hearing where the claim is

not contested or the court is satisfied that the plaintiff has no claim or

the defendant has no valid defence.

(7) Where, after the written pleadings of an appeal are deemed to

be concluded, the Court of Appeal considers an appeal to be frivolous

and vexatious, the Court of Appeal may dismiss the appeal in open

court on the day fixed for the first hearing.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 196 Absence of witness to be a good ground for adjournment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The absence of any witness regularly subpoenaed,

shall be good ground for an adjournment of the cause, provided his

evidence be shown to be material.

(2) The court may in this case appoint a judicial assistant to

hear the evidence of such witness on such a day and at such a time

as the court shall determine. Such day and time shall be prior to the

date to which the cause is adjourned.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 197 Order of trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Causes shall be tried in the order in which they stand

on the list, unless the court for a good reason shall otherwise direct.

(2) Nevertheless, the causes to which the Government of Malta

is a party shall always be heard before any other cause unless the

court shall deem it necessary, on grounds of urgency, to follow the

order of the list or to try other causes.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 198 Calling on of causes. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Before the hearing of a cause commences, the proper

officer shall, outside the entrance of the court room, announce the

hearing, calling out aloud three times the names and surnames of

the contending parties

Provided that when there are several plaintiffs or defendants he

shall call out the name and surname of the party first mentioned in

the title of the record, and shall refer to the others by the general

nomenclature of "others".

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 199 Default of appearance of contending parties at trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If, after a cause is called on three times, the

contending parties or their advocates or, in the causes before the

inferior courts, the contending parties or their advocates or legal

procurators, fail to appear, it shall be lawful for the court to order

the cancellation of the cause from the list at the expense of the

plaintiff.

(2) If only the defendant or his advocate or legal procurator, as

the case may be, appears, he shall be entitled to demand that the

plaintiff be non suited with costs.

(3) In either case, if the plaintiff desires that the cause be

restored to the list to be heard and determined upon the same acts,

he shall, by means of an application to be filed within three months,

make a demand to that effect. Such demand shall be granted once

only, and the court shall appoint a day for the trial of the cause at

the expense of plaintiff, on condition that the plaintiff shall make

payment, or deposit in the registry of the court before the day fixed

for the trial, all the costs stipulated in the tariff, in the consequence

of the non-appearance of plaintiff, or of his advocate or legal

procurator, as the case may be.

(4) The provisions of this article shall not apply when a cause

is awaiting the outcome of another cause.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 199A Presence through live video conferencing link. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(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 t reated as being present in the court for an y p art of th e

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.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 200 Non suit of plaintiff in default of security for costs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The plaintiff shall likewise be non suited with costs if,

when the cause is called on, it is found that no security for the costs

of the suit has been given as provided in this Code, unless, within a

short time which the court may deem fit to allow, a sum in ready

money, sufficient to secure the costs of the suit, be deposited with

the registrar.

(2) The sum so deposited shall not be subject to the claims of

the creditors of the party making such deposit, so long as such sum

is intended to meet the costs of the suit.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 201 Default of appearance of defendant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the defendant or his advocate, or, in the causes before

the inferior courts, the defendant or his advocate or legal

procurator, fails to appear, the cause may be determined according

to law on the acts available after hearing such evidence as the court

may consider necessary, notwithstanding his default of appearance.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 202 Regulation of trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.74.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 203 Power of court to vary order of production of evidence. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.74.

204.(1)(a) The parties, either personally or through their

advocates or, in the inferior courts, either personally

or through their advocates or legal procurators, shall

have the right to make their submissions in writing or

o r a l l y a s t h e c o u r t m a y d e c i d e , b y t h e p l a i n t i ff

submitting his case and the defendant making his

answer

Provided that the court may in appropriate

circumstances allow a further reply by the plaintiff and

a rejoinder by the defendant.

(b) When the trial of the cause is closed, no further evidence

shall be allowed, except for just cause and by leave of the

court.

(2) If more than one advocate appears for the same party, it

shall be lawful, if such party be the plaintiff, for one advocate to

state the case and for another to make the reply and, if such party

be the defendant, for one advocate to make the answer and for

another to make the rejoinder. The advocates may also distribute

among themselves the several issues of the controversy and the

evidence.

(3) Nevertheless, in all cases the court is empowered to rule out

from the oral pleading all matter which, in its opinion, may be

calculated to cause useless delay, or consists in repetition, or is

irrelevant or extraneous to the cause.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 205 Party assisted by advocate not to address court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The party assisted by an advocate may not, without

leave of court, make any submission except through his advocate.

(2) The court may order the party who is not assisted by an

advocate to engage one if, in the opinion of the court, such party is

unable adequately to plead his case; and if such party fails to

engage an advocate, the court shall appoint, for the purpose, one of

the official curators to be selected according to the turn on the rota;

if the party refuses to give the necessary information to the

advocate so appointed, the court may dispose of the case after

hearing such evidence as the court may consider necessary.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 206 Close of trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.76.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 207 Order of trial in appellate court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)

Save for the provisions of sub-articles (5) and (7), all

proceedings before an appellate court shall be 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).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 208 Production of witnesses before appellate court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) No witness who was not produced in the court below

may be produced on appeal, unless -

(a)

the opposite party gives his consent thereto; or

(b) it is proved on oath or otherwise, that the party

tendering the evidence of such witness had no

knowledge thereof, or was unable, by the means

provided by law, to produce such witness in the court

below; or

(c) the evidence of such witness was tendered and

disallowed before the court below and the appellate

court considers it admissible and relevant; or

(d) the appellate court is satisfied of the necessity or

expediency of taking the evidence of such witness

Provided that in any such case, the court may, in

adjudging the costs of the case, take into account the

tardy production of such witness.

(2) If in the court of first instance the defendant had failed to

file the sworn reply as mentioned in article 158 and to appear at the

trial of the cause, he shall be precluded from producing witnesses

before the appellate court, unless he shows to the satisfaction of

such court a good reason for his default.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 209 Appeal to be declared abandoned in default of appearance of the parties. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(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.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 210 Parties or advocates not to interrupt each other. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall not be lawful for the parties or their advocates to

interrupt each other. Every person whose turn it is to speak shall

address the court only.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 211 Judgment to be given in the same or at earliest date. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

When the hearing is concluded, the court, if it does not

deliver judgment on the same day, shall reserve judgment for the

earliest possible date to be fixed for the purpose.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 212 Grounds of adjournment to be stated by court and noted down by registrar. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the court does not deliver judgment on the day

fixed for the trial of the cause, the court shall give the reason

according to law for adjourning the cause to another day.

(2) The registrar shall keep a procès-verbal, to be inserted in

the record, of the grounds of each adjournment and of everything

done in each sitting.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 213 In inferior courts, the court may adjudge on a right although not falling precisely within original claim. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In first instance, in the Court of Magistrates (Malta) and in

the Court of Magistrates (Gozo) in its inferior jurisdiction, where

the claim as stated in the application has not been made to appear,

but nevertheless, another right has been made to appear although

such other right does not fall precisely within the terms of the claim

as originally framed, the court may adjudge upon such other right

so made to appear on the same application

Provided that the court shall, if a request is made to that

effect, or if it shall deem it proper so to do, allow a short time to the

defendant to prepare his defence against such other right

Provided further that in no case shall the court award a sum

beyond that originally claimed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 214 Appearance of parties in inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the courts mentioned in the last preceding article, the

parties shall appear personally or through any of the persons

mentioned in article 180 who can lawfully represent them, or

through an advocate.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 215 Inferior courts to proceed summarily. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The courts mentioned in article 213 shall proceed

summarily and with the utmost despatch consistent with the due

administration of justice, and shall comply with the provisions

cont ain ed i n thi s Tit le in so far as su ch p ro vi si on s m ay b e

consistent with the manner of proceeding of the said courts as

aforesaid.

Title VI

O F D ECREES, J UDGMENTS AND A PPEALS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 216 Delivery of judgment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The judgment shall be delivered by the judge or magistrate

before whom the cause has been tried; and when the court consists

of more than one judge or magistrate, by one of such judges or

magistrates; sohowever that it shall be lawful for the judge or

magistrate presiding that court to deliver the judgment in the

absence of the other members of the court provided that the

judgment is signed by at least two of the members of the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 217 Decision of majority to form judgment of court consisting of more than one member. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In a court consisting of more than one member, the

decision of the majority shall form the judgment which shall be

delivered as the judgment of the whole court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 218 Judgment to include reasons. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court shall in the judgment premise the reasons on

which the decision of the court is based, and shall include a

reference to the proceedings, the claims of the plaintiff and the

pleas of defendant

Provided that the Rule-Making Board appointed under

article 29 may, by Rules of Court, derogate from the provisions of

this article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 219 Conclusive or binding declarations to be included in operative part of judgment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Every declaration intended by the court to be conclusive

or binding shall be included in the operative part of the judgment.

219A.(1) In proceedings for the recovery of a debt, a judgement

given upon admission of the claim or upon a claim that has not

been disputed by the defendant shall, so far as possible considering

the circumstances of the case, be delivered within ninety days of

the lodging of the action before the Court.

(2) The period mentioned in sub-article (1) shall not include

the period of time taken for service of the application upon the

defendant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 220 Recording of decision and reasons. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

When judgment is delivered, the registrar shall record the

decision together with the reasons given by the court for such

decision.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 221 Delivery and recording of interlocutory decrees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Saving the provisions of article 173, interlocutory

decrees shall be delivered and recorded in the manner provided in

the preceding articles of this Title.

(2) The provisions of article 218 shall also apply to the said

decrees, when they are subject to appeal according to the

provisions of article 229.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 222 Judgment upon claim for specific performance. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the claim is for some specific performance, the

judgment shall state a time, according to circumstances, within

which the party cast shall perform the act, and shall also state the

manner of execution in case of non-performance of the act.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 223 Costs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Every definitive judgment shall award costs against

the party cast.

(2) In the case of an interlocutory decree, it shall be lawful for

the court to reserve the issue as to costs for decision in the

definitive judgment or to award costs against the party cast.

(3) In all cases, it shall be lawful for the court to order that the

costs shall not be taxed as between party and party, when either

party has been cast in some of the points at issue, or when the

matter at issue involves difficult points of law, or where there is

any other good cause.

(4) In the case of any frivolous or vexatious appeal or re-trial,

the Court of Appeal or the Constitutional Court may award double

costs against the appellant in favour of the respondent.

(5) In the case where an ex parte expert witness is produced by

any of the parties in a cause, the court shall in the definitive

judgment establish a fair amount which can be claimed as costs for

the said witness. In determining the said amount, the court shall

take into account the seriousness of the claims, in the case of an

expert witness not resident in Malta, whether local expertise was

available and all the other circumstances of the case. The court

shall also establish how the said costs are to be apportioned

between the parties to the cause.

(6) Subject to article 173(2)(c), when a party without just cause

refuses or fails to participate before or collaborate with a mediator,

the Court may award double costs in the other party’s favour due to

such refusal or failure.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 224 Award of costs in solidum or pro rata. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If two or more persons are condemned in costs, each

person shall be deemed to be condemned in solidum or in

proportion to his interest in the cause according to the decision on

the merits.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 225 Costs against tutors, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where any tutor, curator, heir under the benefit of

inventory or other private or public administrator has in a cause

acted to the prejudice of his administration, the court may, in the

same judgment delivered in that cause, without the necessity of

sepa ra te p ro cee di ng s, c on de mn such tu to r, c urat or, h eir or

administrator to pay personally and without any right to

reimbursement costs as well as damages and interest according to

law, saving any other penalties to which he may be liable according

to circumstances.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 226 Time for filing application of appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) An appeal is entered by means of an application to be

filed in the registry of the Court of Appeal within thirty (30) days

from the date of the judgment.

(2) Where an appeal is not entered from the whole judgment,

there shall be stated in the application of appeal, the heads of the

judgment against which an appeal is entered.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 227 Judgments by appellate courts not subject to appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Judgments delivered by the Court of Appeal are not

appealable.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 228 Other judgments not subject to appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) No appeal shall lie from any judgment given upon

admission of the claim, or accepted by the renunciation of the right

of appeal or by acquiescence in the findings of the judgment.

(2) Nor shall an appeal lie from any judgment of the Court of

Magistrates (Malta), or of the Court of Magistrates (Gozo) in its

inferior jurisdiction as a court of first instance, where the amount of

the claim, assessed or assessable as provided in articles 748 and

761, does not exceed four hundred and sixty-five euro and eighty-

seven cents (465.87), and the matter at issue does not involve a point

of law determined in the judgment or the determination of a claim

for the eviction of any person from immovable property.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 229 Appeal from decrees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) An appeal from the decrees mentioned hereunder

shall only lie after the definitive judgment and together with an

appeal from such judgment, and such decrees may not be

challenged before the definitive judgment is delivered

(a) a decree allowing a request for urgency;

(b) any order or directive under the provisions of article

173;

(c) a decree allowing or disallowing a request for the

adjournment of a cause under article 195(3);

(d) a decree allowing or disallowing an objection to the

competency of a witness under article 567;

(e) a decree allowing or disallowing a request to put

questions to a witness under article 587;

(f)

a decree allowing or disallowing a request for the

production of documents under article 637 except if the

decree allows or disallows the production of a document

which is an exempt document in terms of article 637(4);

(g) the appointment of a referee under article 646;

(h) a decree allowing or disallowing a request for the

connection of actions under article 793(1);

(i)

a decree allowing or disallowing a request for

suspending the delivery of a decree;

(j)

a decree allowing or disallowing the expunging of a

document from the records of the case;

(k) subject to the provisions of this article, a decree

allowing or disallowing a request for the revocation or

amendment of a decree;

(l)

a decree disallowing a request for special leave to

appeal under sub-article (5);

(m) a decree disallowing a request for stay of proceedings.

(2) A decision of the court in the cause listed hereunder shall be

given by a decree to be read out in open court on a day duly

notified to the parties, and an appeal from such decree may be

entered before the definitive judgment subject to the procedure laid

down in sub-article (4) and (5)

(a) a decree refusing the appointment of additional

referees under article 674;

(b) a decree transferring an action for trial to another court

under article 792,

(c) a decree refusing the joinder of a third party under

article 961;

(d) a decree disallowing a request for urgency;

(e) a decree ordering the stay of proceedings;

(f)

a decree that orders the production of a document which

is an exempt document in terms of article 637(4).

(3) Save as otherwise specifically provided for in this Code an

appeal from any other interlocutory decree not included in sub-

articles (1) and (2) may be entered before the definitive judgment

only by special leave of the court hearing the case, to be requested

by an application to be filed within ten days from the date on which

the decree is read out in open court. The court, after hearing the

parties, may grant such leave of appeal if it deems it expedient and

fair that the matter be brought before the Court of Appeal before

the definitive judgment and the time limit for the filing of such an

appeal shall commence to run from the date of the said decree.

(4) In the case of any decree under sub-articles (2) and (3),

provided that any application for an appeal has not been filed, the

aggrieved party may file an application within six days from the

date on which the decree is read out in open court, requested the

court which delivered the decree to reconsider its decision. The

application is contain full and detailed reasons in support of the

request and is to be served on the other party who shall have the

right to file an answer thereto within six days from the date of

service.

(5) The court shall decide, as expeditiously as possible by

decree to be read out in open court, the application for special leave

to appeal in terms of sub-article (3) or the application to reconsider

its decision in terms of sub-article (4), expounding fully therein the

reasons for the decision.

(6) The period for appeal from a decree before a definitive

judgment shall be six days from the date on which the decree is

read out in open court

Provided that in the case contemplated in sub-articles (3)

and (4) such term for appeal shall run from the day on which the

decrees in terms of sub-article (5) are read out in open court.

(7) Subject to the provisions of this article, the provisions of

this Code relating to appeals from judgments shall apply to appeals

from decrees under this article.

(8) The security referred to in article 249 shall not be required

in the cases referred to in sub-article (6).

(9) In the case of any frivolous or vexations appeal, the Court

of Appeal shall award double costs against the appellant in favour

of the respondent, and may condemn appellant to pay respondent a

sum not exceeding two thousand and three hundred and twenty-nine

euro and thirty-seven cents (2,329.37) by way of penalty, saving any

right for damages that may be competent to respondent.

(10) Where an interlocutory decree has been given in camera, it

shall for the purposes of this article and for the purposes of the

calculation of any time therein established be deemed to have been

read out in open court on the date of the first sitting in the case

immediately after the decree was given in camera by the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 230 Interlocutory decrees not to operate as res judicata for court delivering them. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Interlocutory decrees shall not operate as a res judicata in

regard to the court by which they are delivered, if a good cause to

depart therefrom is shown to the satisfaction of the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 231 Appeal in case of separate judgments on several issues in the same action. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where several issues in an action have been

determined by separate judgments, appeal from any such judgments

may only be entered after the final judgment and within the

prescribed time, to be reckoned from the date of such final

judgment; and in such an appeal express mention of the judgment

or judgments appealed from shall be made

Provided that an appeal from such separate judgments may

be entered before the final judgment only by leave of court to be

read out in open court; such request for leave to appeal shall be

made either orally immediately after the delivery of such judgment

or by application within six days from such judgment and when

such leave to appeal from such separate judgements is granted the

time for the filing of the appeal in respect thereof shall commence

to run from the day on which the said leave is read out in open

court.

(2) In an action involving more than one plaintiff or more than

one defendant a judgment disposing of the action in respect of any

particular plaintiff or defendant may only be appealed from within

the prescribed time to be reckoned from the date of such judgment.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 232 Assessment of damages, etc., pending appeal. Liability for expenses in case of reversal of judgment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the party in whose favour damages,

interest, or fruits have been awarded, to proceed for the assessment

thereof pending the appeal; but such party shall be liable for all

expenses occasioned by such procedure in case the judgment

appealed from is reversed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 233 Power of appellate court to assess damages, interest or fruits. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where an appellate court reverses a judgment and

allows the claim for damages or interest or for the recovery of

fruits, it shall make such assessment without sending back the

record to the court of first instance, unless the court for exceptional

reasons considers it to be in the interest of justice to send back the

cause to the court of first instance.

(2) Likewise the appellate court shall, in the case of reversal of a

judgment of non-suit of plaintiff or of a judgment given under the

provisions of article 170(1) or (2), either remit the records to the

court of first instance or determine the merits, according to

circumstances.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 234 Decrees in regard to jurisdiction of court to be subject to appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Subject to other particular provisions of this Code

concerning pleas to the jurisdiction by reason of the subject-matter

of the cause, any judgment given by any court in regard to its

jurisdiction to take cognizance of any particular cause, is subject to

appeal; and the court may stay the hearing of the cause until the

determination of that point by the appellate court, provided none of

the parties shows to the satisfaction of the court that the delay

would be prejudicial to him.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 235 No appeal ab omissa decisione. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where a court of first instance omits to determine any of

t h e c l a i m s b r o u g h t f o r w a r d , n o a p p e a l s h a l l l i e a b o m i ss a

decisione

Provided that it shall be lawful for each of the parties,

within the time of fifteen days from the date of the judgment, by

means of an application, to request the court of first instance to

determine such claim; and upon such application, the parties being

summoned anew, the court shall adjudge upon the claim; in such

case, the time for entering appeal from the whole judgment, or from

any part thereof, shall commence to run from the day of the last

judgment

Provided further that it shall be lawful for each of the

parties, at any time, to sue by sworn application before the court of

first instance for a decision on the claim the determination of which

had been so omitted.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 236 Interested third parties may appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

An appeal may be entered not only by the contending

parties but also by any person interested.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 237 Judgment not to operate against third parties. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A judgment shall not operate to the prejudice of any

person who neither personally nor through the person under whom

he claims nor through his lawful agent was party to the cause

determined by such judgment.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 238 Persons who benefit from appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The reversal or variation of a judgment shall operate

in favour of the party at whose instance such reversal or variation is

obtained.

(2) Such reversal or variation shall also operate in favour of

any person -

(a) who has an interest essentially dependant upon that of

the party at whose instance such reversal or variation

is obtained;

(b) who, in any controversy relating to an indivisible

thing, was joint plaintiff or defendant with the party at

whose instance such reversal or variation is obtained;

(c) who in virtue of the judgment which is reversed or

varied was condemned in solidum with the party at

whose instance the reversal or variation is obtained

Provided that the reversal or variation shall not operate in

favour of the person referred to in paragraphs (b) and (c) where

such reversal or variation is obtained on grounds exclusively

affecting the party seeking such reversal or variation.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 239 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The judgments mentioned hereunder shall be

operative with respect to third parties, only from the time when

they are enrolled in the Public Registry, namely

(a) any judgment by which any act having the effect of

transferring the ownership of immovable property or

any other real right thereon, is dissolved, rescinded or

revoked;

(b) any judgment which directly adjudges the transfer of

the ownership of immovable property or of any other

real right thereon.

(2) Any interested party may obtain enrolment by delivering to

the said registry a note of enrolment together with an authentic

copy of the judgment as well as a certificate from the registrar that

the judgment has become res judicata. The provisions of the Public

Registry Act shall apply to the drawing up and filing of the said

note.

(3) In the case of any judgment referred to in sub-article (1)(a),

when the judgment shall have become res judicata, the registrar

shall, at the request and at the expense of the interested party,

deliver a note of reference to such judgment to the notary before

whom the act which has been dissolved, rescinded or revoked was

received, or who is the keeper thereof.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 240 Cross-appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any party may avail himself of an appeal entered

from a judgment, including a partial judgment and from a head or

heads of any judgment, or from an interlocutory decree and may

enter a cross appeal not only in respect of the judgment, partial

judgment, head or heads of a judgment, or interlocutory decree

appealed from, but also in respect of any judgment or heads thereof

or interlocutory decrees given in the same cause even if not

appealed from by the appellant. Such cross appeal may be made

even against or by any party not being one against whom an appeal

is directed in terms of article 144(1)

Provided that a party may not so avail himself of the appeal

in respect of the particular judgment, if he has already appealed

from such judgment or any head thereof.

(2) The party who intends to avail himself of such appeal shall

make a declaration to that effect in the answer stating therein his

demands and the grounds for his cross appeal.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 241 Cross-appeal to hold good notwithstanding abandonment of appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The declaration referred to in the last preceding article

shall continue to be operative even if the opposite party abandons

his appeal.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 242 Notice as to validity of laws. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) When a court, by a judgment which has become res

judicata, declares any instrument having the force of law or any

provision thereof to run counter to any provision of the

Constitution of Malta or to any human right or fundamental

freedom set out in the First Schedule to the European Convention

Act, or to be ultra vires, the registrar shall send a copy of the said

judgment to the Speaker of the House of Representatives, who shall

during the first sitting of the House following the receipt of such

judgment inform the House of such receipt and lay a copy of the

judgment on the table of the House.

(2) Where there has been a judgment as is mentioned in sub-

article (1) the Prime Minister may, within the period of six months

from the date that the judgment has become res judicata and to the

extent necessary in his opinion to remove any inconsistency with

the Constitution of Malta or with the relevant human right or

fundamental freedom set out in the First Schedule to the European

Convention Act as declared in the said judgment, make regulations

deleting the relevant instrument or any provision thereof declared

to run counter to the Constitution or the First Schedule to the

European Convention Act as mentioned in sub-article (1).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 243 Abridgement of time for appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court of first instance may, in urgent cases, upon

a demand, even verbal, by any of the parties, immediately after the

delivery of the judgment, abridge the time for the filing by the

appellant of the written pleading before the appellate court.

(2) If no such demand is made by the parties immediately after

judgment is delivered, it shall be lawful for the parties to make

such demand by an application upon which the court of first

instance, after summarily hearing the parties, will give the requisite

directions.

(3) The provisions of this article shall apply to the answer, and,

if there is a reply, to such reply.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 244 Lodging of record. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) On appeal proceedings being taken, the record of the

proceedings of the first court shall be lodged before the appellate

court.

(2) The fee prescribed for the lodging of the record shall be

paid concurrently with the fee for the filing of the application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 245 Mode of lodging record. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In regard to appeals from judgments or decrees of the Civil

Court, First Hall, and from determinations by the Rent Regulation

Board, the lodging of the record shall be effected as soon as

possible by the production thereof before the Court of Appeal by

the registrar.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 246 Lodging of record in appeals before Gozo court as appellate court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.124.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 247 Lodging of record in appeals from inferior court to Court of Appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In regard to appeals from judgments of the Court of

Magistrates (Gozo) and from judgments of the Court of Magistrates

( M a l t a ) , t h e l o d g i n g of t h e r ec or d sh a l l b e e ff e c t e d b y t h e

transmission thereof by any officer of the court concerned to the

registrar in the Court of Appeal.

(2)

For the purposes of sub-article (1) -

(a) the registrar shall, on the same day on which an appeal

is entered, notify in writing the entering of such appeal

to the officer of the court concerned;

(b) when notification is made to any officer of the Court

of Magistrates (Gozo) the registrar shall, in addition to

the notification in writing, make notification by telefax

or other electronic device or orally by telephone.

(3) In respect of appeals entered against a judgment of the

Court of Magistrates (Gozo) the transmission of the record shall be

deemed to have been effected by the delivery of the record

addressed to the registrar, to the Post Office, in Victoria, Gozo.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 248 Fee on lodging of record, in appeal from Gozo court to Court of Appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.126.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 249 Security for cost: — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

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.

(2) Such security shall be in an amount determined by the

registrar and is to be made either by a deposit of ready money or by

a guarantee of a bank licensed in terms of the Banking Act in

accordance with Schedule C to this Code.

(3) The deposit shall not be subject to the claims of the

creditors of the party making such deposit, so long as it remains to

meet the costs of the suit.

(4) The Government of Malta, public corporations, the Central

Bank of Malta and banks licensed under the Banking Act are

exempt from giving the said security.

(5) The Minister responsible for justice may by regulations

exempt any other category of persons or bodies from providing the

said security.

(6) The provisions of articles 893 to 905 where inconsistent

with this article shall not apply to the security given under this

article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 250 Exemptions from security. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The security referred to in the last preceding article shall

not be required in the cases referred to in articles 42 and 172, or in

the case of an appeal from a judgment disallowing a demand for the

benefit of the juratory caution, or in the case of any demand for

admission to the benefit of juratory caution, or in the case of other

collateral demands.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 251 Times mentioned in article 226 to be peremptory. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Subject to the provisions of article 143, the times

prescribed in article 226 are peremptory.

Title VII

O F THE E NFORCEMENT OF J UDGMENTS AND OTHER E XECUTIVE

T ITLES

Sub-title I

GENERAL PROVISIONS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 252 Mode of enforcement of executive title. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving any other provision of the law in respect of

warrants in factum, execution by any of the means mentioned in

article 273 may be issued only in virtue of an executive title.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 253 Executive titles. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The following are executive titles

(a) judgments and decrees of the courts of justice of

Malta;

(b) contracts received before a notary public in Malta, or

before any other public officer authorised to receive

the same where the contract is in respect of a debt

certain, liquidated and due, and not consisting in the

performance of an act;

(c) taxed bills of judicial fees and disbursements, issued in

favour of the Registrar, any advocate, legal procurator,

notary public, perit, judicial referee or witness, unless

such taxed bills are impugned according to law;

(d) awards of arbitrators

registered

with

the

Malta

Arbitration Centre;

(e) bills of exchange and promissory notes issued in terms

of the Commercial Code

Provided that the court which is competent

according to the value of the bill of exchange or

promissory note may, by decree which shall not be

subject to appeal, suspend the execution of such a bill

of exchange or promissory note in whole or in part and

with or without security, upon an application of the

person opposing the execution of such bill of exchange

or promissory note, to be filed within twenty days

from the service of the judicial letter sent for the

purpose of rendering the same bill of exchange or

promissory note executable, on the grounds that the

signature on the said bill of exchange or promissory

note is not that of the said person or of his mandatory

or where such person brings forward grave and valid

reasons to oppose the said execution and in such case

any person demanding the payment of the bill of

exchange or promissory note shall file an action

according to the provisions of the Commercial Code.

The judicial letter referred to above in this

proviso shall, under pain of nullity, notify the debtor of

the right given to him by this proviso;

(f)

mediation agreements made enforceable by the parties

thereto in accordance with the provisions of the

Mediation Act;

(g) decisions of the Consumer Claims Tribunal;

(h) decisions and awards of the Arbiter for Financial

Services in accordance with the provisions of the

Arbiter for Financial Services Act.

(i)

Decisions of the Adjudicating Panel for Private

Residential Leases;

(j)

uniform instrument permitting enforcement in

accordance with Council Directive 2010/24/EU of 16

March 2010 concerning mutual assistance for the

recovery of claims relating to taxes, duties and other

measures.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 254 Judgments ordering release from imprisonment for debt to be enforceable immediately. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XII.1985.8.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 255 Judgments enforceable after twenty-four hours. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The following may be enforced after the lapse of twenty-

four hours from delivery

(a) any judgment on any collateral issue or any

interlocutory decree, provided the time for

enforcement is not stated in the judgment or decree

itself;

(b) any judgment rescinding a warrant of impediment of

departure of any ship, or rescinding any warrant of

seizure or any garnishee order relating to ships or

merchandise;

(c) any judgment ordering the supply of maintenance;

(d) any award of an arbitrator in accordance with the

Arbitration Act.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 256 All other judgments to be enforceable after two days from delivery. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any other definitive judgment which does not contain

any suspensive condition, and which condemns a debtor to pay a

liquidated sum, or to deliver up or surrender a specific thing, or to

perform or fulfil any specific act or obligation whatsoever, may be

enforced after two days from the day of its delivery.

(2) The enforcement of any other executive title may only take

place after the lapse of at least two days from the service of an

intimation for payment made by means of a judicial act.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 257 Power of court to abridge time for enforcement of judgments. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court may, on grounds of urgency, order the

enforcement of any judgment even before the expiration of the

times referred to in the last two preceding articles. The order for

such enforcement may be made in the judgment itself.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 258 Procedure for enforcement of executive titles. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where -

(a) a period of fifteen years has expired since the day on

which according to law an executive title mentioned in

paragraphs (a), (c) and (d) of article 253, in respect of

judgments and decrees of the Superior Courts could

have been enforced; or

(b) a period of ten years has expired since the day on

which according to law an executive title mentioned in

paragraphs (a), (c) and (d) of article 253, in respect of

judgments and decrees of the Inferior Courts or of the

Small Claims Tribunal could have been enforced; or

(c) a period of five years has expired since the day on

which according to law an executive title mentioned in

paragraphs (b) and (e) of article 253, or in respect of

proceedings taken under article 166A could have been

enforced,

the enforcement may only be proceeded with upon a demand to be

made by an application filed before the competent court. The

applicant shall also confirm on oath the nature of the debt or claim

sought to be enforced, and that the debt or part thereof is still due.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 259 Procedure for enforcement of executive title where debtor is dead. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The demand by application mentioned in the last

preceding article shall in all cases be necessary where it is sought

to enforce an executive title against the heirs of the debtor, even

though the period referred to in the said article shall not have

elapsed.

(2) If there be no known heir, or if the heir has not as yet

declared his intention as to the acceptance of the inheritance, a

curator shall be appointed to represent the inheritance, and

execution proceedings shall be taken against such curator.

(3) The time allowed to deliberate upon the acceptance of the

inheritance shall not operate as a stay of the execution proceedings.

(4) The heirs, successors or assignees of the creditor may, by

application served on the debtor, his successors or assignees,

request the court to enforce any executive title in the name of the

creditor even though the period referred to in the previous article

shall not have elapsed. Such request shall be allowed by the court if

it is satisfied that

(a) the applicants are the sole heirs, successors or

assignees of the creditor;

(b) the executive title is still valid for what is being

claimed; and

(c) the persons against whom enforcement is sought are

the debtor, or his heirs, successors or assignees.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 260 Executive titles to be enforceable on movable and immovable property of debtor. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving the provisions of article 353, the enforcement of

any of the executive titles referred to in article 253, may be carried

out on the movable as well as on the immovable property of the

debtor, as the creditor shall state.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 261 Joint enforcement of executive titles. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any creditor of the same person under more than one

executive title within the jurisdiction of the same court, may

enforce such executive titles jointly in respect of all the claims due.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 262 Payment or fulfilment in part of debt or claim not to operate as waiver of execution. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The receipt of any payment on account of the debt, or the

fulfilment of or the release from any part of the claim, shall not

operate as a waiver of execution in respect of that part of the debt

or claim as yet unpaid or unfulfilled, unless the contrary be made to

appear.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 263 Enforcement by creditor of creditor. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall be lawful for the creditor of a creditor, by

sworn application, to enforce or prosecute the enforcement of the

title which his debtor was entitled to enforce.

(2) The sworn application shall be served on the debtor against

whom enforcement is sought and on his creditor.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 264 By which court executive titles are enforceable. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Save as otherwise provided in this Code, judgments

are enforceable by the court by which they are delivered, even

though the execution is to take place beyond the limits of the local

jurisdiction of such court.

(2) Any other executive title mentioned in article 253 is

enforceable by the court competent to take cognizance of the

subject-matter thereof.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 265 Enforcement of judgment of appellate court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In cases of appeals, the judgement shall be enforceable by the

court of first instance independently of whether the Court of Appeal

confirms, varies or reverses the judgement of the court of first

instance.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 266 Provisional enforcement of judgments by order of the court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Except in the cases mentioned in article 267, a

judgment which does not constitute a res judicata shall not be

enforceable unless, on the demand of the interested party, such

judgment has been declared by the court to be provisionally

enforceable.

(2) Such demand shall be made by means of an application

which shall be served on the opposite party who shall be entitled to

file an answer thereto within two working days.

(3) The court of first instance shall, after summarily hearing

the parties, dispose of the application as soon as may be after the

filing thereof

Provided that -

(a) if the application is filed before the delivery of the

judgment, the court of first instance shall dispose of

the application as soon as may be after such judgment

is delivered; and

(b) if, on appeal from the judgment of the court of first

instance, the lodging of the record of the proceedings

before the appellate court takes place prior to the

disposal of the application by the court of the first

instance, such application shall be dealt with and

disposed of by the appellate court, and, in any such

case, if the answer to the application has not been filed

prior to such lodging, it shall be filed in the appellate

court.

(4) Where the court of first instance has declared a judgment to

be provisionally enforceable, the appellate court may, at any time

before delivering judgment, on the application of the interested

party, confirm, vary or revoke the decision.

(5) The provisions of sub-article (2) shall apply to any

application filed under the last foregoing sub-article.

(6) Where a demand for a declaration under sub-article (1) is

not made to the court of first instance, such demand may be made

to the appellate court at any time prior to the delivery of the

judgment on appeal.

(7) The court shall declare the judgment to be provisionally

enforceable if it is satisfied that delay in the execution of the

judgment is likely to cause greater prejudice to the party

demanding a declaration under sub-article (1) than such execution

would cause to the opposite party.

(8) The party against whom execution of a judgment declared

provisionally enforceable under this article is sued out, shall, in

case of reversal or variation of such judgment, be entitled to

damages and interest.

(9) The court before which the record of the proceedings

relating to a judgment declared provisionally enforceable under this

article is for the time being lodged, may at any time order the party

entitled to the execution of such judgment to give to the opposite

party sufficient security for the payment of the damages and

interest which may become due under sub-article (8).

(10) Where a judgment has been declared provisionally

enforceable under this article, its execution shall be stayed if the

interested party gives sufficient security for the execution of the

judgment on its becoming res judicata, including, where the matter

refers to the payment of moneys, security for the payment of

interest, and, where the matter refers to other things, security to

make good any damage which may be caused thereto through his

negligence or fault and to restore any fruits derived therefrom.

(11) If any question arises as to the sufficiency of the security

tendered under sub-article (10), the court may give such directions

as it may deem proper as to whether the execution of the judgment

should be suspended until such question is decided by another

judgment constituting a res judicata.

(12) In this article the expression "court of first instance" shall

be construed as if it included a reference to the Rent Regulation

Board.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 267 Provisional enforcement by operation of law. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The following shall be in all cases provisionally

enforceable

(a) any judgment referred to in article 255(c);

(b) any judgment providing redress against infringement

of the individual’s right to life or providing remedies

against illegal arrest or forced labour; and

(c) any interlocutory decree.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 268 Other articles applicable to provisional enforcement. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of articles 255, 256 and 257 shall apply to

any provisional enforcement.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 269 Appeal from judgment authorizing enforcement of other judgment, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

An appeal from a judgment authorizing the enforcement of

another judgment, shall in no case operate as a stay of execution of

such other judgment.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 270 Condition for registration in Public Registry of notes of reference deriving from a judgment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Director of the Public Registry shall not receive any

note of reference resulting from a judgment relating to any

hypothecary registration unless an authentic copy of the judgment

together with a certificate from the registrar that no appeal against

such judgment has been entered and that the time for entering an

appeal has elapsed or that the judgment is not subject to appeal, as

the case may be, are delivered to the said registry with the

aforementioned note

Provided that the foregoing shall not apply where the

Director of the Public Registry is party to the suit, in which case he

shall take the necessary steps as aforesaid as soon as the judgment

has become a res judicata.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 271 Enforcement of part of judgment notwithstanding appeal from another part. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for a litigant to sue out execution of such

heads of a judgment as are in his favour, notwithstanding an appeal

from such heads as are against him.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 272 Power of the court in the execution of titles. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the absence of an express provision of law to the contrary,

the court may, in the course of the execution of an executive title, on

the application of the court executive officer, or the parties, or any

other interested person, without delaying such execution, adopt such

measures as it may deem necessary in order to safeguard the rights of

the parties.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 273 Executive acts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The executive titles mentioned in article 253 may,

according to circumstances, be enforced by any of the following

executive acts

(a) warrant of seizure of movable property;

(b) warrant of seizure of immovable property;

(c) warrant of seizure of a commercial going concern;

(d) judicial sale by auction of movable or of immovable

property or of rights annexed to immovable property;

(e) executive garnishee order;

(f)

warrant of ejection or eviction from immovable

property;

(g) warrant in factum;

(h) warrant of arrest of sea vessels;

(i)

warrant of arrest of aircraft;

(j)

warrant in procinctu;

(k) warrant of ejection or expulsion from seagoing vessels

or aircraft.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 274 Preparation and issue of executive warrants. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any of the warrants or the order mentioned in the last

preceding article is issued by the court on the demand of the party

suing out execution

Provided that where in the opinion of the registrar the

signature of the judge or magistrate empowered to issue a warrant

of seizure of movable property or an executive garnishee order,

cannot be obtained within a reasonable time and that delay may be

prejudicial, the said warrant or order may be issued over the

signature of the registrar personally after having first obtained

verbal authorisation from the judge or magistrate to do so, the

judge or magistrate shall append his own signature under that of the

registrar at the earliest opportunity as proof that the said authority

had been given or, if it is not possible for the registrar to obtain

such authorisation, the registrar shall issue the said warrant or order

over his signature subject to the ratification of such action by a

judge or magistrate as soon as possible and no action shall be

available to impugn the regularity of such warrant or order on the

grounds that the warrant or order could have been issued over the

signature of a judge or a magistrate, as the case may be.

(2) The demand for the issue of the warrant or order shall be

made by application, and such application shall indicate the sum

and, or the article due in virtue of the title, and also such remedies

and, or provisions that are being demanded.

(3) Where the executive title be other than a judgment of the

court to which the demand is made, a copy of such title and of the

act containing the intimation, where such intimation is required

under article 256, shall be filed together with the demand.

(4) If by the same warrant or order it is sought to recover also

judicial costs, the amount thereof shall be stated in the demand and the

taxed bill of such costs shall be attached thereto.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 275 Powers of executing officer. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court executing officer may, in connection with

the execution of any warrant committed to him, after calling in two

witnesses, exercise all such powers as are reasonably required of

him to execute the warrant, which includes the breaking open of

any outer or inner door as well as any box or other thing in which

there might be effects liable to seizure, saving the exceptions laid

down in this Code.

(2) In the case of any warrant for the seizure of any property of

the Government of Malta, the court executing officer shall not

execute such warrant before the lapse of four working days from

the day on which he shall have communicated in writing the issue

of such warrant to the officer charged with the custody or care of

such property.

(3) The Prime Minister may from time to time by regulations

establish a list of property pertaining to the State which may not be

the subject of an executive or a precautionary warrant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 276 No opposition to the execution of warrants. Re-numbered by: XIV.2006.7. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No opposition to the execution of any warrant or garnishee

order shall be considered until the execution has been effected.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 277 Time for execution of warrants and orders. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Saving the exceptions laid down in this Code, no

warrant or garnishee order may be executed other than during such

time as may be prescribed by the Minister responsible for justice by

regulations made under this article.

(2) Regulations made under this article may also provide for

such cases in which the execution of a warrant or an order is

allowed to take place other than during the prescribed time, the

method of execution and the statements which have to be included

in the certificate of service

Provided that, for reasons of urgency to be confirmed on

oath by the applicant, the court may allow the execution of any

warrant or order other than during the prescribed time.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 278 Service of copy of warrant on party against whom it is issued. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court executing officer shall deliver a copy of the

warrant or order at the first available opportunity to the party

against whom it is issued, or to his lawful representative.

(2) Unless the court shall otherwise direct, or unless otherwise

prescribed by the Minister responsible for justice as prescribed in

article 277(2), the court executive officer shall execute the warrant

or order without delay, and, on the execution thereof, he shall

return it to the registrar together with a certificate stating whether

the warrant or order was executed: in the affirmative, the certificate

shall also state the details of the execution, and in the negative, the

reason why the execution was not effected.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 279 Damage in case of nullity of warrant or its execution. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The nullity of any warrant or order or of the execution

thereof shall entitle the party against whom the warrant or order is

issued to an action for damages and interest against the person

suing out execution if the nullity arises out of any act of such

person, or against the court executing officer who executed the

warrant or order if the nullity arises out of any act of the court

executing officer.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 280 Duty of notary to give notice to registrar of the publication of a deed ordered by a judgment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any notary before whom any deed under a judgment

is received shall, within fifteen days, and on pain of a penalty not

exceeding forty-six euro and fifty-nine cents (46.59), or such greater

sum not being more than two hundred and thirty-two euro and ninety-

four cents (232.94) as the Minister responsible for justice may from

time to time by order in the Gazette establish, to be awarded by the

court and enforceable as a civil debt give notice to the registrar of

the publication of such deed.

(2) The registrar shall make an entry of such notice at the foot

or in the margin of the judgment and shall, on request, deliver to

the notary a certificate that the notice has been given.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 281 How executive acts may be impugned. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Without prejudice to any other right under this or any

other law, the person against whom an executive act has been

issued or any other person who has an interest may make an

application, containing all desired submissions together with all

documents sustaining such application, to the court issuing the

executive act praying that the executive act be revoked, either

totally or partially, for any reason valid at law.

(2) The application shall be served on the opponent who shall,

within ten days, file a reply containing all submissions which such

opposite party may wish to make together with all documents

sustaining the reply which are within its ability to file

Provided that the court may, in urgent cases, reduce the

period referred to in this sub-article. In default of such opposition

the court shall accede to the demand.

(3) The court shall decide on the application after hearing the

parties and receiving such evidence as it may deem fit, if it so

considers, within a period not later than one month from the filing

of the said application.

(4) An appeal from a decree delivered under sub-article (3)

may be entered by application within six days from the date on

which the decree is read out in open court. The Court of Appeal

shall appoint such appeal for hearing within one month from the

date when the decree is read out in open court, and the appeal shall

be decided within three months from the date when it has been

appointed for hearing.

(5) The security referred to in article 249 shall not be required

in the cases referred to in the previous sub-article.

Sub-title I

O F THE W ARRANT OF S EIZURE OF M OVABLE P ROPERTY

CODE OF ORGANIZATION AND CIVIL PROCEDURE

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 282 Warrant of seizure on movable property. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The warrant for the seizure of movable property shall,

besides the particulars stated in article 274, contain Court orders

about

(a)

(i)

the appointment of the day, place and time for

the judicial sale by auction and the subsequent

seizure and removal thereupon of all such

articles from the place which has been indicated

by the creditor or from the person of the debtor;

or

(ii) the seizure from the place indicated by the

creditor, including from the person of the debtor,

of any such article which the debtor may possess

or such article or articles as may be mentioned in

the warrant; and also that after the execution of

the warrant, the court executing officer shall be

ordered to fix, together with the advocate or the

legal procurator of the creditor, the day when the

judicial sale by auction is to be held in

consultation with the executing officer

responsible therefor, and such executing officer

shall also fix with the creditor the date, which

shall at least be seven days prior to the date of

the judicial sale by auction, when the removal of

the articles which the executing creditor selects

to have removed shall take place;

(b) the execution of the warrant, if so required, after legal

hours or on a Sunday or public holiday, and if after

two attempts to execute the warrant the court

executing officer fails to effect such execution, he

shall be authorised to force open the place;

(c) the transport of the property seized and to be removed

to the storage places indicated by the consignee, and

about the transfer of their possession from the debtor

to the consignee;

(d) the appointment of a consignee and the taxing and

receipt of payment due to the consignee by the creditor

for such period during which the articles seized and to

be removed would be under the care of the consignee,

so however that such payment may be divided in

proportion to the periods established by the Registrar

depending on the nature of the articles seized and to be

removed. Such payment is made subject to the right of

regress against the debtor when such right exists;

(e) the appointment of experts to make a valuation of the

property seized, if so required by law, either in special

circumstances which the court may deem appropriate,

or on the demand of any interested party or of the

debtor;

(f)

the appointment of an auctioneer who shall receive a

fee in terms of the Auctioneers Act, if so required by

law;

(g) an order for the judicial sale by auction of such articles

as are seized and to be removed on the appointed day

in terms of regulations to be made by the Minister

responsible for justice, without further service of any

notice to the debtor.

283.(1)(a)The court executing officer shall attach to the said

warrant a detailed description of the property seized.

(b) The creditor or the debtor or any interested party may

demand the court executing officer to take any

photograph or filmshot of the detained articles either

by electronic or by any other means at the expense of

the party making the demand.

(2) If the court executing officer finds no movable property, or

finds only such property as is not liable to seizure, he shall make a

certificate to that effect, stating therein the nature of the movable

property, if any, not liable to seizure, and he shall attach such

certificate to the warrant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 284 Payment of the amount due. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) When a warrant of seizure is being executed, it is only

the full amount claimed by the creditor that may be paid by the

debtor to the court executing officer.

(2) The court executing officer shall describe in detail the

property seized and -

(a) where the property includes any merchandise, he shall

cause such merchandise to be weighed, measured or

gauged, as the case may be;

(b) where money or securities for money, jewellery, or

articles of precious metal are seized, he shall

accurately state the amount or nominal value or weight

thereof and he shall within the shortest time possible

take the same to the registry and lodge them therein by

means of a schedule;

(c) where papers are seized, he shall seal them and deliver

them to the Registrar, and such seals may not be

removed except by the authority of the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 285 Seizure of other movable property. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Seizure may be effected on any movable property

including

(a) shares in commercial partnerships;

(b) licences issued by any competent authority as may be

established by regulations made by the Minister

responsible for justice;

(c) insurance policies;

(d) credit securities and any intellectual or industrial

property right

Provided that on such property the warrant shall have effect

as from the date of the service on such authority or such person

who would have issued such movable property. Any transfer made

or burthen incumbent on such property after that date shall be ipso

jure null as from the date of the service of the certificate of seizure

to such person or authority issuing same

Provided further that, in respect of any shares or securities

registered at a central securities depository, as defined in terms of

article 2 of the Financial Markets Act, a warrant of seizure shall

also be served on such central securities depository and shall take

effect only if no transfer order or netting affecting the said shares

or securities shall have been entered in a securities settlement

system, authorized in terms of article 34 of the Central Bank of

Malta Act, prior to the service of the warrant to the depository.

(2) Where in any commercial partnership its statute attributes

any right of preference with regard to the transfer of shares, the

shareholders shall be informed of the date when such sale is due to

take place and they may exercise the said right during that sale.

(3) When the judicial sale by auction of an insurance policy is

due to take place, notice shall be given to the insurance company of

the date of such sale.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 286 Consignee. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Such property as is removed from the possession of

the debtor, in terms of article 282(1)(c) subject to the provisions of

article 293, shall be transferred forthwith to be retained in the

hands of the consignee in the presence of the court executing

officer, and the consignee shall receive and hold such property in a

storage place authorised by the Registrar until such time as that

property is sold or the consignee is ordered to do otherwise.

(2) The consignee shall issue a receipt, to be signed by him, for

such property as would have been seized and removed from the

possession of the debtor and which he would have received

Provided that the consignee may, with the written consent

of the Registrar, retain such property in any place other than the

official storage place in such circumstances where, due to the

nature or the size of the articles seized, it would not be feasible to

dispose otherwise.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 287 Persons who may not act as consignees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A consignee may not be appointed under this Title when he

is either

(a) the execution creditor;

(b) the spouse of the debtor or of the creditor;

(c) any one of the parents, the creditor, his daughter or

son, or his brother or sister, his uncle or aunt, any one

of the parents of his spouse or any one of the spouses of

his children;

(d) directly or indirectly employed with the creditor;

(e) the person who claims to be the owner of the property

seized.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 288 Attendance of the consignee. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

At the time of execution of the warrant of seizure under

article 282, the consignee shall attend together with the court

executing officer to execute the warrant. The court executing

officer may seize and remove property without informing the

creditor.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 289 Consignee to preserve property seized. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The consignee shall be responsible for the proper

preservation of the property entrusted to him and he shall not use,

nor sh a ll he a ll ow a ny p e rson t o u s e , such p rop e r ty un le s s

otherwise ordered by the court

Provided that the debtor may be allowed to use or retain in

possession such articles of the property seized as the court may

authorise if the court considers that such articles are normally

required by an average household for decent living to maintain the

human dignity of the debtor and his family.

(2) Where the property seized is of a perishable nature, the

Registrar shall, without further authorisation, sell the goods seized

and with the profit made from that sale, he shall proceed according

to the provisions of article 284.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 290 The consignee to act as a bonus paterfamilias. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The consignee is bound to exercise for the safe keeping of

the property seized, such care as is exercised by a bonus

paterfamilias; if the consignee fails to present such property when

called upon to do so, the court shall order him to appear before it to

explain his failure to do so; the consignee shall be responsible for

damages and interest and the court, after examining the

circumstances of the case, may issue such orders as appear to be

appropriate, including the personal arrest of the consignee for a

period not exceeding three months, to compel him to present such

property. The failure of the consignee to present such property

when ordered by the court shall of itself constitute contempt of

court in terms of the applicable provisions under this Code.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 291 Other creditors may not oppose execution. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The creditors of any person, whose property has been

seized, may not, for any cause whatsoever, make any opposition to

the execution of the warrant or to the sale of the property

Provided that it shall be lawful for such creditors to enforce

their claim on the proceeds of the sale of the property seized.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 292 No identification is to be made of property already seized. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If, when executing a warrant of seizure, the court

executing officer finds that another warrant has already taken place

and that the articles have not been removed, he shall likewise

execute the warrant again at the place indicated to him by the

creditor. Identification of the property so seized shall no longer be

permitted. The court executing officer shall, at the creditor ’s

expense, inform the creditors that on their demand other warrants

had been executed by means of the first warrant.

(2) When a consignee has already been appointed, and the

articles have been removed, no other warrant may be executed on

such articles.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 293 Property not subject to seizure. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The property mentioned hereunder is not subject to

seizure

(a) such clothes for daily wear, bedding and such utensils

and furniture as are considered reasonably necessary

for the decent living of the debtor and his family;

(b) personal documents and books relating to the

profession of the debtor, of the debtor’s spouse or of the

debtor’s children;

(c) the registers and minute-books of notaries public;

(d) tools and implements necessary for the instruction in

or the exercise of any science or of any art of the

debtor, of the debtor’s spouse or of the debtor’s children;

(e) animals and tools required for agriculture and any fruit

either cut or not yet separated from the ground;

(f)

aircraft, exclusively appropriated to a state service,

including the postal service, but excluding commercial

service;

(g) sea vessels wholly chartered in the service of the

Government of Malta;

(h) sacred vestments and vessels which are used in a

consecrated church, or belonging to a priest, a

religious order or any member thereof;

(i)

any property of any member of the Police Force or of

the Armed Forces of Malta being arms, ammunition,

equipment, instruments or clothing used by him in the

discharge of his duties

Provided that any such property as is mentioned in

paragraphs (a) to (g) may be seized -

(i)

if the execution is demanded in respect of the

(ii) if the execution is demanded in respect of rent or

ground-rent of the tenement in which such

property is kept;

(iii) if the executive title by virtue of which the

warrant has been issued specifically condemns

the debtor to effect the return of such property.

(2) The seizure may be effected of unseparated movable

property belonging to both debtor and a third party, insofar as no

sale of such property may take place except after their separation.

(articles 294 to 304 were deleted by XIV.2006.13).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 304A Procedure for the sale of movable property. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The procedure for the sale of movable property shall

follow the same procedure, mutatis mutandis, as that referred to in

article 305.

Sub-title II

OF THE WARRANT O F SEIZURE OF IMMOVABLE PROPERTY

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 305 Form of demand by application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The demand for the seizure of immovable property is

made by an application.

(2) The application shall contain a detailed description of the

property of which the sale by auction is demanded, including the

mode in which the property has been acquired and any burthen

attached to the same land and a plan clearly indicating the site

Provided that the provisions of this article apply to ships or

other vessels exceeding ten metres in length and such articles shall

also be described in detail, including any rights and encumbrances

thereon; and an appraisement shall only be made if required by the

creditor or by the debtor.

(3) In the event of a decree as provided in the proviso to sub-

article (2), the procedure to be followed shall be that laid down in

this Sub-title for the judicial sale by auction of immovable

property.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 306 Duties of the court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the court decree ordering the issue of a warrant of

seizure of immovable property, the court shall

(a) order the Registrar to appoint experts in terms of

article 89 as may be required and to fix a short and

peremptory time within which such appraisments have

to be filed and give any such order as may be

necessary for the better execution of such

appointment;

(b) appoint a day, time and place for the judicial sale;

(c) order the Registrar to inform the Director of the Public

Registry and the Registrar of Lands or any competent

authority which may be appointed according to

regulations made by the Minister responsible for

justice, about the issuing of the decree on the first

working day thereafter;

(d) order the Registrar of the Public Registry to register

forthwith the decree in a book kept for the purpose at

the Public Registry, which book shall be accessible to

the public; and

(e) appoint a public auctioneer who shall receive a fee in

terms of regulations made by the Minister under this

article.

(2)

Such decree shall be served on the debtor.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 307 Appraisement by debtor. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Within twenty days from the time notice of the court

decree is served on the debtor, he may file a separate appraisment

and demand that a new appraisment need not be effected, provided

that such appraisement be a sworn appraisement.

(2) The sworn appraisement filed by the debtor shall, within

twenty days, be served on the creditor who shall then have twenty

days to lodge an opposition to it.

(3) When a creditor lodges such opposition to the appraisement

filed by the debtor, the court shall, after hearing both parties,

decide whether it shall appoint a new expert or not.

(4) An appraisement of the property to be sold shall always be

made before the sale takes place provided that if an appraisement,

made not earlier than twelve months before the judgement that is

being executed, has been accepted by the court in its judgement, the

court shall take cognizance of such appraisement and it shall not

appoint new experts to effect a new appraisement.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 308 Expert to be appointed by court, unless agreed on by parties. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The expert shall always be appointed by the court ex

officio, according to the panel established in article 89 and on a rota

system, unless the parties shall have already filed a note submitting

the name of an expert agreed on between them, or the appraisement

filed in terms of article 307 has been accepted.

(2) The expert shall draft a valuation of the property together

with a detailed description thereof, including encumbrances and

burthens, and file same under oath with the Registrar.

(3) The debtor shall under oath give such information relating

to the property as may be required by the Registrar or by the

experts, and the provisions relating to evidence shall apply to the

debtor.

(4) The appraisement may not be contested but the court may,

by way of an application, order the correction of any mistake made

in the description or appraisement.

(5) The expert appointed under this Title shall be remunerated

in terms of a tariff to be established according to regulations made

by the Minister responsible for justice.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 309 Appraisement of gold or silver articles to show intrinsic value, etc. Revoked by: XIV.2006.16. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In any appraisement of gold or silver articles, the expert

shall state separately the intrinsic value thereof and the cost of

manufacture, as well as the total.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 310 Valuation of immovable property to contain description of property, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the valuation of immovable property, the experts

shall include a description of the property stating the burdens,

leases and other rights whether real or personal, if any, to which the

property is subject, as well as the last transfer of such property

according to the information obtained from the creditor or from the

debtor and such description shall include the following

(a) an indication of the area and height of the property

subject to judicial sale;

(b) a plan or a sketch which shows the number of rooms

constituting the property and their size;

(c) a report as to whether the property is built in line with

building permits and sanitary rules;

(d) a copy of the deed of acquisition; and

(e) a declaration as to whether the place is inhabited or

occupied by third parties, and under which title it is so

occupied

Provided that if the occupier, when so requested by the

expert to give the information referred to in paragraph (e), fails to

do so, the expert shall include a declaration to that effect in his

report

Provided further that if the Court is satisfied that the

occupier failed to give the information referred to in the first

proviso without just cause, the Court may find the occupier to be in

contempt of court and he shall be liable on conviction to a

punishment consisting of a fine (multa) of not less than two

hundred euro (€200) and not more than one thousand euro (€1,000)

(2) It shall be lawful, at the written or verbal request of the

expert or the creditor, to compel the debtor to confirm on oath, to

be administered by the court or the registrar, the information given

to or required by the expert.

(3) The debtor shall be called upon to give the above

information by means of a letter from the registrar.

(4) The provisions relating to witnesses shall apply to any

debtor called upon as aforesaid.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 311 Valuation or appraisement to be sworn by expert. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The report containing the valuation or appraisement

shall be filed by the expert within the time allowed in the decree of

the court according to circumstances, and be sworn by him in the

presence of the Registrar.

(2) Where a sale by auction of immovable property or of rights

annexed to immovable property situated in the Island of Gozo or of

Comino, is ordered by any of the superior courts, it shall be lawful

for such court to order the expert to swear his report at the Court of

Magistrates (Gozo) in the presence of any of the officers mentioned

in article 57(2)(a) to (c), and to deliver the said report, so sworn, to

the said officer, to be by him transmitted to the superior court

which made the aforesaid order.

(3)

When a sale by auction of immovable property or of rights

annexed to immovable property situated in the Island of Malta, is

ordered by the Court of Magistrates (Gozo), it shall be lawful for

such court to order the expert to swear his report in the presence of

the Registrar and to deliver the said report, so sworn, to the said

Registrar, to be by him transmitted to the Court of Magistrates

(Gozo).

(4) The fee payable to the expert shall be taxed by the

Registrar, subject to appeal to the court. Such appeal shall be made

by application by any interested party within one month from the

service of the taxed fee. Such fee shall always be paid by the

creditor, saving his right against the debtor for the reimbursement

of such fee together with the other expenses of the sale

Provided that when an appeal is lodged, the creditor shall

deposit the fee taxed by the Registrar and the proceedings for sale

shall be further proceeded with and brought to a conclusion.

Sub-title III

OF THE WARRANT OF SEIZURE

OF A COMMERCIAL GOING CONCERN

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 312 Sale by auction of movable or immovable property and going concerns. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The movable or immovable property or the going concerns

which are seized from the possession of the debtor, shall be sold by

public auction according to the provisions of this Title.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 312A Auctions to be held whenever the need arises. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Such auctions shall be held whenever the need arises,

there being a sufficient amount of property to be sold.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 312B Provisions apply both to movable and immovable property and to going concerns. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The provisions of this Subtitle shall apply both to

movable and immovable property and to going concerns. The

Registrar and the public auctioneer shall not in any way be impeded

from selling movable property, immovable property or a going

concern during the same auction.

(2) For the purposes of this Sub-title, the meaning of movable

property shall be the same as that given in Sub-title I of this Title

and the meaning of immovable property shall be the same as that

given in Sub-title II of this Title, saving that in the case of a going

concern the meaning is that given in article 312K but for the

purposes of this Title a going concern shall be deemed to be

immovable property.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 312C Demand for seizure of a going concern. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The demand for the seizure of a going concern shall be

made by means of an application to be served on the debtor.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 312D Decree upholding the demand for the issue of the warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In a decree upholding the demand for the issue of a

warrant of seizure of a going concern, the court -

(a) shall order the Registrar to appoint such experts

according to article 89 who may be required to

(i)

enlist and evaluate all the assets of the going

concern;

(ii) file a report whether or not, considering the debt

of the going concern, such going concern should

be sold or put under administration for a period

of time during which it could pay back its debts;

and

(b) appoint a short and peremptory time for the filing of

such appraisements and report and give such orders as

may be necessary for the carrying out of these

instructions

Provided that where the enlisting and the appraisement of

the whole complex would have already been made in the

proceedings of a precautionary warrant of seizure of a going

concern, the court shall adopt same and only appoint experts to file

a report whether the going concern should be sold or put under

administration.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 312E Appointment of application for hearing. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Following the confirmation on oath of the appraisements

and reports, the court shall within one week appoint the application

for hearing and, after hearing the parties, it shall decide whether the

judicial sale by auction of the going concern is nevertheless to be

proceeded with or an administrator is to be appointed to manage the

going concern until the amount due is paid.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 312F Appointment of date, place and time for the sale. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the court decides about the holding of a sale, it

shall appoint a date, place and time for the sale of the whole

complex as a going concern.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 312G Appointment of administrator. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court shall appoint an administrator to carry on with

the administration of the going concern until it is sold

Provided that where in the proceedings of a precautionary

warrant an administrator would have already been appointed, he

shall be confirmed as such.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 312H Applicability of articles 308 to 311. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Articles 308 to 311 shall apply mutatis mutandis to this

warrant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 312I Where court decides that going concern shall continue to be administered. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the court decides that the going concern shall

continue to be administered until payment of the amount due is

effected, it shall appoint an administrator and give such orders and

make such provisions which it deems appropriate, taking into

consideration the debt, nature and value of the going concern.

(2) The appointed administrator shall take control of the going

concern and he shall have the right to sell and carry on trade in its

day to day business, provided that with regard to any decision of an

extraordinary nature he shall be bound to demand the court for its

authorisation

Provided that a commercial bank cannot be appointed as

administrator.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 312J Demand for the sale of the going concern. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Notwithstanding the provisions of article 312I, if

during his appointment the administrator is of the opinion that the

going concern is about to lose its market value, he may demand the

court to authorise him to sell the going concern in whole or in part.

(2) The appointed administrator under article 312I shall be

entitled to such payment as the court, in its discretion, may deem fit

that he should receive considering the value of the going concern

and the work done in connection with the running of the business.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 312K Definition of going concern. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

For the purposes of this Title, the term ''going concern''

means any kind of commercial enterprise conducting a business

activity and includes machinery, apparatus, goods, corporeal and

in co rporeal righ ts, m ovable property, i mm ovable property,

licences, copyright and good-will.

Sub-Title IV

O F J UDICIAL S ALES BY A UCTION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 313 Form of advertisement of sale by auction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Registrar shall publish regularly in two

newspapers, one being in Maltese and the other in the English

language, lists of the judicial sales by auctions which are about to

be held and he shall indicate clearly therein the property in such

manner that the public is well informed in order to safeguard the

parties’ interests

Provided that the debtor, creditor or any other interested

p e r s o n m ay pu b l i s h a n d i nf o r m , a t t h e ir o w n ex p e n s e , an y

particular sale in any newspaper of their choice or broadcast same

over any other broadcasting medium.

(2) The advertisement of a judicial sale by auction shall

include

(a) an indication of the court reference of the judicial sale

by auction;

(b) the names of the parties thereto and their identity card

or other identity document numbers if available;

(c) a clear indication of the property to be sold;

(d) the value of each property, where a valuation has been

carried out in terms of the law; and

(e) the date, time and place of the judicial sale by auction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 314 Place and time of sale by auction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Subject to the provisions of this article, the auction

shall be held in public either -

(a) in the building of the courts of justice; or

(b) in any other building provided by the Minister

responsible for justice for the purpose of such auctions

and at such time as may be determined by the court

Provided that the court shall have the power for just cause to

order that an auction shall be held at any place and at any time, due

notice of such place and time being given in the advertisement.

(2) In the case of sacred vestments and vessels, the auction

shall not be held in public but the court shall give such directions as

it may deem proper for their disposal in the manner most

advantageous to the interested parties with due respect to the sacred

nature of the object to be sold by auction.

(3) In the case of a judicial sale by auction of listed securities

in regulated markets, the auction shall be held in accordance with

the procedures prescribed in rules and bye-laws made under articles

4(2) and 28(2) of the Financial Markets Act.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 315 Valuation of property to be sold by auction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Immovable property or rights annexed to such

property, or movable property consisting of gold or silver articles,

pearls or precious sto nes or of other preci ous art icl es, and

commercial going concerns, shall always be appraised before the

sale thereof by auction.

(2) With regard to other movable property, an appraisement

shall only be made if required by the creditor or by the debtor.

(3) An appraisal made in conformity with the provisions of

articles 308, 311 and 312F and existing in the records of a sale by

auction shall be accepted by the court to be the appraisement for

the purpose of this article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 316 Appraisement of gold or silver articles to show intrinsic value. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In any appraisement of gold or silver articles, of pearls or

precious stones or of other precious articles the expert shall

consider the intrinsic value thereof and the cost of manufacture,

together with any distinctive characteristic of the said article and

appraise the total value thereof.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 317 Removal of movable property to place of sale. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The marshal shall cause the movable property to be

removed to the place of sale where it shall be exposed to public

view at least two hours before the auction begins.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 318 Sale by auction in gross, in lots, or under separate items. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Subject to the provisions of article 305, movable property

may be sold by auction in gross, or in separate lots, or under

separate items, as the court shall direct, regard being had to the

circumstances of the case.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 319 Opening of sale by auction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The auction shall be, save the exceptions mentioned

in the preceding articles, conducted by a public auctioneer in the

presence of the Registrar.

(1A) The auction shall commence at the time established by the

Court and shall continue until the highest public bid is adjudicated.

(1B) The sale of different items to be sold by auction may be

held during the same time, each one separately and in consecutive

order.

(2) Bids are made orally. Each bid shall be announced at least

three times, unless a higher bid is previously made. The highest

bidder, within the time stated in the advertisement, shall be the

purchaser.

(3) An offer shall no longer be valid immediately when a

higher offer is accepted, even though such higher offer is later

declared to be null.

(4) The public auctioneer or broker shall be entitled to a fee

which is taxed by the Registrar in accordance with a tariff to be

established by the Minister responsible for justice.

(5) No offer may be accepted if such offer is less than sixty per

cent (60%) of the value at which the movable or immovable

property or the going concern has been appraised

Provided that if no offer is made which is at least

equivalent to sixty per cent (60%) of the value at which the

movable or immovable property or the going concern has been

appraised, the creditor may request that the movable or immovable

property or the going concern be placed again for public auction

Provided that this sub-article shall not apply to ships and

other vessels exceeding ten metres in length only.

(6) The public auctioneer shall have the right to demand that a

person submitting an offer should be in possession of the necessary

guarantees.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 320 Bids pro persona nominanda etc., not to be accepted. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The auctioneer shall cause that no bid shall be accepted if

it is either made pro persona nominanda or by any person who is

notoriously incapable of fulfilling the obligations arising out of the

adjudication.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 321 Bids subject to the issue of edicts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.157.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 322 Binding force of bids. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XIV.2006.27.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 323 Duration of auction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Minister responsible for justice shall by regulations

establish the duration of the auction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 324 Adjudication not to be made on day of sale in certain cases. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XIV.2006.29.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 325 Appointment of another day for continuation of sale. Adjudication to be made on such other day. Saving. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XIV.2006.29.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 326 Suspension of auction or adjudication. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The auction or adjudication shall in all cases be

suspended upon the demand of the debtor with the consent of the

creditor, or upon the demand of the creditor with the consent of the

debtor, and in such cases, as well a s in the ca se where the

suspension is caused by any other lawful impediment, a fresh

advertisement shall be issued for the continuation of the auction on

another day which shall be appointed by the Registrar within two

weeks.

(2) If the suspension of the auction is demanded by the debtor

or a third party, without the consent of the creditor, the demand

shall not be entertained, unless contemporaneously with the

demand a deposit is made with the registrar of a sum which in his

opinion is sufficient to cover the expense occasioned by the

suspension.

(3) Nor shall any demand for the suspension of an auction be

entertained if such demand is made, without the consent of the

creditor, less than seven days before the day appointed for the

auction, unless the person making the demand shall declare on oath

before the registrar, that the reason for the suspension has arisen

within that time, or that he was not aware of such reason before that

time.

(4) Any interested person may by application request the court

to revoke contrario imperio its decree authorising the suspension of

the auction or of the adjudication, and the court shall summarily

hear the parties before delivering its decree. Any such decree may

not be challenged in any court.

(5) The court shall hear the parties about the demand for

suspension, and it shall not give its decree relating to such

application prior to a deposit having been made of all the expenses

with regard to the judicial sale by auction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 327 New bids within fifteen days of adjudication. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XIV.2006.31.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 328 Payment into court of purchase money. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The purchaser shall pay the price into court within seven

days from the date of the final adjudication, in the case of sale of

immovable property or of rights annexed to such property, or of

ships, or of aircraft, or of commercial going concerns; and, within

twenty-four hours of the adjudication, in the case of other movable

property.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 329 Defaulting purchaser liable to personal arrest. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In default of such payment into court, the purchaser

shall, upon the demand by application of the party at whose suit or

against whom the execution was granted, be liable to personal

arrest.

(2) Moreover, in such case, the property adjudicated may, upon

a demand by means of an application made by the party at whose

suit or against whom the execution was granted, be again put up for

auction at the expense of the purchaser; in which case, if the bids

be lower, such purchaser shall be responsible for the difference;

and if the bids be higher, the difference shall go in favour of the

debtor, saving any right thereon of the execution creditor.

(3) The decree made on the said application shall be served on

the purchaser.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 330 Lodging of purchase money of movable property. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The purchase money of movable property sold by auction

may be deposited by the purchaser with the registrar, who shall

wit hin twenty-fo ur hours lodge it i nto court by m eans of a

lodgement schedule.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 331 Delivery of immovable or movable property to purchaser. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The delivery of immovable property or of rights

annexed to such property, or of commercial going concerns, takes

place ipso jure on the final adjudication and upon the payment of

the price into court or the approval of the set-off.

(2) The delivery of movable property takes place upon the

handing over of the thing and the deposit of the price or the

approval of the set-off.

(3) In the case of ships or other vessels or aircraft, the court

may make such orders, as it may deem fit, to ensure that the

property adjudicated be delivered to the purchaser forthwith, upon

the purchaser giving such security as the court may determine to

safeguard the claims of the parties. Such orders may also be made

in other cases in which the court considers that delay in the delivery

of the property can cause serious prejudice to the purchaser. An

order made under this sub-article shall not be challenged in any

way and shall be implemented forthwith.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 332 No payment into court is necessary on adjudication upon a bid animo compensandi. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving the provisions of article 337(1) and (2), the

purchaser is not bound to pay the money into court if he shall have

made his bid animo compensandi.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 333 Animo compensandi bid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any person to whom a liquidated debt is owing under

any judgement or executive title or deed or other obligatory writing

may bid animo compensandi.

(2) Any person who is intent on bidding animo compensandi

shall register his name by means of a note before the

commencement of the sale by auction by making a sworn

declaration before the Registrar about the reason why he wishes to

bid animo compensandi.

(3) Any person bidding animo compensandi may be served

notice by any person having an interest in the judicial sale by

a u c t i o n a t l e a s t t w o w e e k s b e f or e t h e d a t e o f t h e s a l e a n d

whosoever is not served such notice or is not served notice within

such time may exercise the right under article 356.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 334 Conditional leave to bid animo compensandi. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any bid animo compensandi is made on condition that the

bidder shall bind himself to pay the price into court in case it shall

be so adjudged by the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 335 Opposition to bids animo compensandi. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any opposition to an application to bid animo

compensandi may only be made after the sale. No opposition may

be made before or during the sale.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 336 Conditional leave to several creditors to bid animo compensandi. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XIV.2006.39.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 337 Demand for approval of set-off. Payment into court of surplus of price, if any. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A purchaser animo compensandi shall, within the

times stated in article 328, demand by means of an application

accompanied by a lodgment schedule, the approval of the proposed

set-off, and he shall pay into court the surplus of the price where

such price exceeds the amount of the debt and costs, producing the

necessary vouchers.

(2) If the purchaser be a person other than the execution

creditor, he shall likewise pay into court the amount of the costs

incurred by such execution creditor in respect of the judicial

recognition of his claim and in respect of the auction proceedings.

(3) The execution creditor shall recover the costs of the auction

proceedings unconditionally, and shall recover the legal fees and

the costs of the judicial recognition of his claim, upon entering into

a bond with sufficient surety to restore the amount thereof to the

purchaser in the event of eviction of the immovable property

adjudicated.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 338 Application for approval of set-off. Service of application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The aforementioned demand shall be published in the

Government Gazette and served on the debtor and all known

creditors, including such persons who shall have sued out any

warrant of seizure or garnishee order or impediment of departure,

and such persons as are mentioned in the warrant of seizure which

preceded the judicial sale by auction.

(2) Any person who may have an interest and the persons so

served shall be allowed the time of twenty days to file an answer

stating in detail the reasons for their opposition and the amounts in

contestation; and where such opposition is based on a claim against

the proceeds of sale an alleged cause of preference, they are to state

the amount of such claim and the basis for the preference. Such

p ers on s s ha l l w i th t he an sw er f i l e al l r e l e v a n t ev i de n c e t o

substantiate their opposition.

(3) It shall be lawful for the court, in approving the set-off, to

require the purchaser to give sufficient security to pay into court

the price together with interest, in case it shall be so adjudged.

(4) When the court upholds the demand, any person who may

have an interest to enter suit may within twenty days file an appeal

by application, which appeal shall be appointed and decided within

three months from the date of the decree.

(5) When the Court of Appeal revokes a decision to grant a bid

animo compensandi, it shall remit the judicial proceedings to the

first court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 339 Competition of creditors. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

When there are more than one creditor filing a demand for

payment from the proceeds in such manner that a competition of

creditors would have to take place, it shall be the same court to

commence such proceedings in terms of articles 416 et sequitur.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 340 Effect of approval or disallowance of set-off. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the set-off be not approved, the provisions of article

329(2) and (3) shall apply

Provided that whosoever makes made a bid animo

compensandi under the condition specified in article 334 shall,

within seven days from the date on which he is served with the

court order rejecting his application for the set-off, pay the price in

the registry of the court in which case the provisions of this article

shall not apply. In the event that such party fails to pay the price

within such time limit, article 329 shall apply

Provided further that in the event that the property adjudicated is

transferred and delivered to the purchaser in terms of article 331(3)

the provisions of this article shall not apply and the provisions of

article 338(6) shall apply to the security ordered to be provided by

the court.

(2) If the set-off be approved unconditionally, the purchaser

shall be entitled to the formal transfer and delivery of the movable

property adjudicated or, in the event that the property had already

been delivered under article 331(3), the purchaser shall be entitled

to the release of any security made by him.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 341 Execution creditor, etc., may demand fresh executions in case of deficiency of proceeds. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the proceeds of the sale by auction be not sufficient to

meet the claims of the execution creditor and of the persons suing

out a garnishee order, as well as the costs, fresh executions may be

allowed upon the demand of any of them.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 342 Restoration of balance of deposit to debtor. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If after payment of the claims of the creditors and of the

costs, there still remains a balance, the court shall, upon the

demand of the debtor, order such balance to be restored to him.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 343 Discontinuance of sale by auction and restoration of unsold property to debtor. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If it appears during the sale that a sufficient sum to meet

the debts and the costs of the auction has been obtained, the

Registrar shall order the auction to be immediately discontinued.

Upon a verbal demand by the debtor, the court shall order that the

unsold property is to be restored to the debtor.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 344 Withdrawal of amount of claim and taxed costs by execution creditor. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The amount of the debt due to the execution creditor

together with his taxed costs shall, upon his demand, be paid to him

out of the proceeds lodged into court, provided there be no lawful

impediment.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 345 Sale of perishable articles. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the case of seizure of perishable merchandise or other

articles which are in a state of progressive deterioration or of

articles which are about to go out of fashion or become

technologically obsolete, it shall be lawful for the court, upon the

de m a n d o f a n y p e r s on h a v i n g a n i n t e r e s t o r o f t h e o ff i c i a l

consignee, to order such merchandise or other articles to be sold in

such manner as the court shall deem proper, including the sale to be

effected forthwith by the Registrar or by the consignee.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 346 Right of other creditor to continue auction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any other creditor may by a note to be served on the

execution creditor and the debtor join in the auction proceedings as

an addition execution creditor and such additional execution

creditor shall have the same rights and obligations as the original

execution creditor.

(2) Any execution creditor can continue the auction

proceedings independently of the withdrawal by, or the death of

any other execution creditor.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 347 Procès-verbal of sale by auction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The registrar shall draw up a procès-verbal,

specifically stating therein the day and hour of the auction, the

nature of the property put up for auction, the name, surname and

place of abode of the highest bidder and of the next highest bidder,

and other incidental particulars.

(2) Such procès-verbal shall be drawn up by the marshal, if the

sale by auction does not take place in the building in which the

court sits.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 348 Procedure in auctions of merchandise or other property. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XIV.2006.47.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 349 Persons who may not bid in auctions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall not be lawful for any judge, magistrate, registrar,

court executing officer or licensed auctioneer or broker to bid,

either directly or indirectly, in an auction in which he is concerned

by reason of his office. Nevertheless, if any of them desires to bid,

another person shall be surrogated by the competent authority in his

stead.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 350 Expulsion of debtor from place of sale if he hinders proceedings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The debtor shall, upon an order of the registrar or court

executing officer, be expelled from the place where the auction is

held, if he attempts to hinder the proceedings or to dissuade

bidders.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 351 Consequences of suspension of sale for over one year. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the creditor leaves the auction suspended for more

than one year, all the acts thereof shall become void.

(2) In all cases, the effects of the decree by which a sale by

auction of immovable property or of rights annexed to such

property is ordered, shall cease in regard to third parties on the

expiration of one year from the date of the registration required

under article 306, unless such registration shall have been renewed

within that time, on the demand of the execution creditor.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 352 Disposal of immovable property, etc., by debtor within a year from registration of order of sale to be null. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any disposal of immovable property or of rights

annexed to such property made by the debtor within a year to be

reckoned from the date of the original or renewed registration of

the judgment or decree by which the sale by auction of such

property or rights was ordered, shall be null in regard to the person

at whose suit the judgment or decree was obtained, in which case

the court shall on a demand made by application proceed, after

hearing the parties, to declare such transfer as null and void and to

adopt such measures as it may deem necessary.

(2) In regard to such person, any lease or other disposal of the

enjoyment of such property or rights and any diminution or

restrictions of the enjoyment of such property or rights made by the

debtor within the said year without the authority of the court by

which the judgment or decree was delivered shall also be null.

(3) If, pending the auction proceedings, the debtor remains in

possession of such property, he may be compelled to lodge into

court the fruits actually collected or which might have been

collected.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 353 Substitution of movable for immovable property put up for sale. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the debtor offers for auction movable property

sufficient to meet the claim of the creditor without any obstacle or

d i ff i c u l t y, t h e a u c t i o n o f t h e i m m o v a b l e p r o p e r t y o r o f a

commercial going concern shall be suspended.

(2) The auction of the immovable property or commercial

going concern stated by the creditor shall likewise be suspended, if

the debtor offers other immovable property sufficient to meet the

claim of the creditor without any obstacle or difficulty.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 354 Execution of a judgement of the Court of Magistrates (Malta) on immovable property. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) When the judgement the execution of which is sought

is a judgement given by the Court of Magistrates (Malta), its

execution, insofar as it has to be executed on immovable property

or rights attached to immovable property, is to be effected by the

Civil Court, First Hall.

(2) The same rule applies when a demand is made for the

execution of two or more judgements, whose total joint amount, not

taking into account any expenses, exceeds the sum of fifteen

thousand euro (€15,000).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 355 Jus redimendi. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The debtor shall have the right to repurchase his

immovable property and of a commercial going concern sold by

auction provided such right is exercised within four months from

the date of registration of the act of adjudication in the Public

Registry.

(2) The right of repurchase shall be exercised by the filing of a

schedule of redemption, and a concurrent deposit as is provided

mutatis mutandis, in Sub-title VI of Title VI of Part II of Book

Second of the Civil Code.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 356 Right of creditor to re-sell immovable property to be exercised within two years. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The time period contemplated in article 2086 of the

Civil Code, in respect of property adjudicated in a judicial sale,

sh all be of tw o y ears to com me nce t o r un f rom the date of

enrolment of the act of adjudication in the Public Registry.

(2) The said period of two years shall be reduced to four

months from the date of service by a judicial act of a copy of the act

of adjudication, or of a copy of the note of enrolment of the act of

adjudication in the Public Registry, and this in respect only of any

hypothecary or privileged creditor on whom such service is made.

(3) Where the judicial sale is of a commercial going concern

that includes immovable property, the said period of two years shall

be reduced to four months to commence to run from the date of

enrolment of the act of adjudication in the Public Registry.

(4) Any action by the hypothecary or privileged creditor

against the third party in possession of an immovable acquired by

virtue of a judicial sale shall be barred if the protest mentioned in

article 2072(1) of the Civil Code, (calling upon the debtor to

discharge the debt and the third party in possession either to

discharge the debt or to surrender the property), is not filed within

the period of two years or four months mentioned in the preceding

sub-articles of this article, or if the creditor fails to demand

judicially the sale of the immovable within six months from the

filing of the protest mentioned in article 2072(1) of the Civil Code.

Such action shall also be barred if the third party in possession

surrenders the property and the creditor fails to start proceedings

for the judicial sale within six months from the service of a copy of

the note of such surrender.

(5) Notwithstanding the provisions of article 2072(2) of the

Civil Code, the demand for the judicial sale of the immovable can

be made at any time after the expiration of sixty days from the date

of filing of the protest.

(6) The creditors whose action has been barred in terms of the

provisions of this article shall not have any right against the third

party in possession who had acquired the immovable as a result of

the new judicial sale under the said provisions; provided that such

creditors shall retain their ranking prior to sale.

(7) If before an adjudication or after an adjudication, the bidder

or purchaser, as the case may be, finds that the immovable property

is subject to any burdens, leases or other rights whether real or

personal, which have not been included in the valuation in terms of

article 310, the bidder or purchaser, as the case may be, shall have

the right in the former case to demand either to withdraw his bid or

to have his bid reduced, and in the latter case the purchaser shall

have the right to demand the rescission of the sale.

(7A) When such action is exercised and the sale is effected, the

third party which has acquired possession of the immovable thing

in whose favour the property would have been originally

adjudicated, who shall not also be the same person in whose favour

during the second sale the property has been adjudicated, shall be

paid from the proceeds of the second sale the sum of money which

he would have defrayed together with all expenses made before any

other creditor

Provided that where the third party which has acquired

possession of the immovable thing during the second sale at a

higher price is also the same person in whose favour the property

had been originally adjudicated, such third party shall be required

to deposit in court only the difference in price, and not the full

(8) Such demand for the rescission of the sale is to be made not

later than six months from the date of the adjudication by means of

an application to be served on the execution creditor and the debtor.

(9) The court shall allow the demand of the bidder or of the

purchaser; as the case may be, if it is satisfied that the omission in

the said valuation or in the said list was relevant so as to affect the

bid made by the purchaser.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 357 Eviction after adjudication. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The adjudication of immovable property as of itself

constitutes an executive title and if either the debtor against whom

execution is being sought or a third party occupying the premises

without title fails to vacate the premises so adjudicated, the

purchaser shall be entitled, within one year from the adjudication, to

seek the issue of a warrant of eviction on the basis of the said title of

adjudication.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 357A Action to annul or rescind a judicial sale by auction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No action to annul or rescind a judicial sale by auction of

an immovable property shall be filed or acceded to unless such

action is filed before the lapse of one year from the date when the

adjudication of the immovable property has been registered in the

Public Registry.

Sub-title V

OF COURT APPROVED SALES FOR SHIPS, VESSELS

AND AIRCRAFT

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 358 Private sale of a ship, vessel or aircraft. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Notwithstanding any other provision of this Code, the

Court may, on the application of any creditor with an executive

title, approve a private sale of a ship or vessel or aircraft, in favour

of an identified buyer and in consideration of a determined price.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 359 Appraisements by independent and reputable valuers. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The applicant shall together with the application submit

appraisements by two independent and reputable valuers

confirming the value of the ship or vessel or aircraft; it shall also be

incumbent on the applicant to adduce to the Court evidence that

such private sale is in the interest of all known creditors and that

the price offered by the proposed buyer is reasonable in the

circumstances of the case.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 360 Persons called upon to make submissions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No order shall be made by the Court before the application

has been served on such persons as the Court, in the circumstances

and upon information given by the applicant, deems it appropriate

to call upon to make their submissions.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 361 Hearing. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Court shall appoint the application for hearing within

ten days of its filing.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 362 Where Court accedes to application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the Court accedes to the application and approves a

private sale in accordance with the provisions of this Subtitle, the

Court shall in its decree of approval nominate a person who shall

thereupon be entitled to transfer the ship or vessel or aircraft in

accordance with the terms and conditions approved by the Court,

and as if he were the registered owner thereof.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 363 Deposit of price in Court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The person so appointed by the Court shall deposit the price

in Court within seven days from the date of the completion of the

sale.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 364 Title which is free from all privileges and encumbrances. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The sale of the ship or vessel or aircraft in accordance with

the provisions of this Sub-title gives the purchaser a title which is

free from all privileges and encumbrances, and after the sale all

claims or demands against the ship or vessel or aircraft may be

enforced only against the proceeds of the sale.

(the original articles 357 to 374, both inclusive, were repealed

by Act XII of 1985)

Sub-title VI

O F THE E XECUTIVE G ARNISHEE O RDER

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 375 Executive garnishee order. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where a creditor under a judgment or any other executive

title, in order to obtain the payment of a debt owing to him, desires

to attach in the hands of a third party moneys or movable property

due or belonging to his debtor, he may do so by means of a

garnishee order.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 376 Contents of garnishee order. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The creditor shall, in the application for the issue of a

garnishee order, correctly state the name and surname of the debtor,

giving other particulars concerning the debtor as may be ordered by

the Minister responsible for justice for the purpose of the

identification of the debtor by the garnishee.

(2)

The order shall

(a) state the name and surname of the debtor and other

particulars included in the application for the purpose of

identification of the debtor, including, where possible, a

legally valid identification document number or the

company registration number;

(b) state the amount or thing due;

(c) state the title under which the creditor sues out

execution;

(d) enjoin the garnishee not to pay or deliver up to the

debtor, or any other person, such moneys or things as

may be in his hands but which belong to the debtor,

under penalty of payment of damages and interest; and

(e) enjoin the garnishee to lodge, at the debtor’s expense

within nineteen days from the date of service of the

warrant, through the Registrar any moneys or things

belonging to the debtor, as attached by the order.

(3) The lack of any of these particulars in the garnishee order

shall render the said order to be ipso jure null.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 377 Mode of executing garnishee order. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A garnishee order is executed by the delivery of a

copy thereof, by the court executing officer, to the garnishee or by

such electronic means as may be prescribed by the Minister

responsible for justice.

(2) A copy of the order shall also be served on the debtor in the

same way as is provided under article 187, or if he is absent from

Malta, on his lawful representative.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 378 Declaration by garnishee. Time for such declaration. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A garnishee who, although being in possession of moneys

or other articles, belonging to the debtor, or which are due to the

debtor, which may have been attached by means of the order, and

who does not effect the deposit referred to in article 376 within

such time as may be laid down in the order, shall be responsible for

ensuing damages and interest in favour of the creditor and the court

may, upon application being made for that purpose by the creditor,

issue such orders as may be required, including his personal arrest

for a period not exceeding three months, in order to force him to

lodge such property

Provided that where the garnishee is a Bank, that Bank

shall declare what fixed deposits or other bank books are in its

possession, the property of the debtor, without having to deposit

them; however the person responsible for the Bank’s management

shall always remain responsible in accordance with the provisions

of this article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 379 Garnishee may be enjoined to deposit. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the case of attachment of moneys, the garnishee

may before lodging such moneys in court retain the costs in respect

of such lodgement and, in the case of attachment of other movable

property, the garnishee shall have a privileged claim over the

property so lodged in respect of such costs.

(2) In all cases, the execution creditor and the debtor shall be

notified of any such lodgement into court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 380 Form of injunction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Deleted by XIV.2006.63.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 381 Property not subject to attachment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall not be lawful to issue a garnishee order upon -

(a) any salary, or wages (including bonus, allowances,

overtime and other emoluments);

(b) any benefit, pension, allowance or assistance

mentioned in the Social Security Act or a private

pension or any other pension, benefit or allowance

issued by the Government or other foreign

government

Provided that in the case of private pensions and

pensions issued by foreign governments the amount

which is not subject to attachment shall not exceed the

amount established for the highest pension issued by the

Government;

(c) any charitable grant or donation made by the

Government;

(d) any bequest expressly made for the purpose of

maintenance, if the debtor has no other means of

subsistence and the debt itself is not due in respect of

maintenance;

(e) any sum due for maintenance whether awarded officio

judicis, or by public deed if the debt itself is not due in

respect of maintenance;

(f)

moneys which have been made available to the debtor

by deed of loan for the building, construction and

maintenance of houses intended as a main dwelling

place for the debtor;

(g) overdraft banking facilities excluding credit cards by

means of which commercial going concerns run by the

debtor are being operated;

(h) bank guarantees and letters of credit;

(i)

benefits or subsidies issued by the Housing Authority;

(j)

bank accounts which are used solely and exclusively to

receive therein deposits in accordance with paragraphs

(b), (c) and (i). Banks which are indicated as

garnishees in a garnishee order shall ensure that these

accounts are not affected by the same garnishee order

Provided that banks are obliged to open, and

maintain, bank accounts for the above-mentioned

purposes.

(2) Notwithstanding the foregoing provisions of this article, in

causes for maintenance, the court may, either in the judgment or in

a subsequent decree upon an application to that effect by the

creditor suing for maintenance, where such creditor is the spouse,

or a minor or an incapacitated child, or an ascendant of the debtor,

order that a specified portion of the salary, allowance or bequest

mentioned in sub-article (1)(a), (b) and (d) or of the salary of any

person, be paid directly to the creditor; the service of any such

order on the person by whom the said salary, allowance or bequest

is payable shall have the same effect as a garnishee order; and the

person so served shall pay directly to the creditor the portion of the

salary, allowance or bequest specified in the order.

(3) The provisions of article 149, 150 and 151 of the Malta

Armed Forces Act shall apply in respect of the pay of an officer or

man of the regular force of Malta.

(4) Notwithstanding any provision in this Code or any other

law, when the debtor is an employer, the order shall not attach upon

any salary, wage (including bonus, allowances, overtime and other

emoluments) of the employees of the debtor

Provided that, the garnishee be formally notified in this regard.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 382 Salary or wages not subject to attachment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the case of any salary or wage mentioned in article

381(1)(a), when the same exceed one thousand two hundred and thirty-

three euro (€1233.00) per month or such amount as may from time to

time be established by order made by the Minister responsible for

justice, the issue of a garnishee order shall be applicable on that

part in excess of the amount afore-stated

Provided that if the debtor, upon an application shows to

the satisfaction of the court that he needs such excess or part

thereof for his maintenance or for the maintenance of his family,

the court shall revoke the garnishee order with respect to the excess

or such part thereof, whereupon the said order shall be deemed to

be and to have been without effect to the extent to which it had

been revoked

Provided further that this article shall not apply to the pay

of an officer or man of the regular force of Malta.

(2) The court may, at any time, vary the order given under sub-

article (1), on a demand by application of the creditor or the debtor,

if there be any change in the material circumstances of the debtor.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 383 Garnishee order may not be extended. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A garnishee order may not be extended and shall remain in

force up to such time as it is revoked by a decree issued by the

court.

Sub-title V

O F THE W ARRANT OF E JECTMENT OR E XPULSION FROM

I MMOVABLE P ROPERTY

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 384 Mode of execution of warrant of ejectment or expulsion from immovable property. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the execution of any warrant of ejectment or expulsion

of tenants or other occupants of immovable property, the court

executing officer shall enjoin the tenants or occupants to quit the

tenement within a period of not less than four and not more than

eight days; at the expiration of such period, the court executing

officer shall cause the tenant or occupant to quit the tenement

which shall be cleared of all things belonging to such tenant or

occupant.

Sub-Title V bis

OF THE WARRANT OF EJECTMENT OR EXPULSION FROM

SEAGOING VESSELS OR AIRCRAFT

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 384A Warrant of ejectiment or expulsion from seagoing vessels or aircraft. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)

In the execution of any warrant of ejectment or

expulsion, on the demand of a lessor or a mortgagee, of the operator,

lessee or other occupants, including any members of their staff from

seagoing vessels or aircraft, the court executing officer shall enjoin the

operator, lessee or other occupants, including any members of their

staff to quit the vessel or aircraft indicated in the warrant in favour of

the lessor or a mortgagee or his duly authorised representative within a

period of not less than four (4) and not more than eight (8) days. If the

operator, lessee or other occupants, including any members of their

staff do not quit the vessel or aircraft indicated in the warrant at the

expiration of such period, the court executing officer shall ensure that

the operator, lessee or other occupants, including any members of their

staff are removed from the vessel or aircraft concerned, which shall

also be cleared of all things belonging to such persons.

(2) The vessel or aircraft indicated in the warrant shall be

detained in Malta for the purposes of the execution of a warrant of

ejectment or expulsion and insofar as the detention of the vessel or

aircraft is concerned, the provisions of article 388C for vessels and

article 388E for aircraft shall apply, mutatis mutandis.

Sub-title VIII

O F THE W ARRANT I N F ACTUM

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 385 Warrant in factum. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the execution of a warrant in factum, the court

executing officer shall proceed in such manner as ordered in the

warrant.

(2) The warrant in factum shall contain the order that the party

against whom the warrant is issued is to be conveyed to prison, in

order to be therein kept at his own expense, until the performance

of the act ordered by a judgment or until such time as the court may

deem necessary to ensure such performance.

(3) The warrant may not be issued other than by an explicit

order of the court to be issued on a demand made by application by

the creditor.

(4) The court shall only issue the warrant if it is satisfied that

the creditor does not have any other means of execution available.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 386 Where and against whom warrant in factum may be executed. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A warrant in factum, if so required for the enforcement of

any judgment and where an express order to that effect is made by

the court, may be executed in any place, other than a church, and

against any person, other than the ascendants of the person suing

out the warrant or any minister of religion while in the exercise of

his ministry.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 387 Maintenance at the expense of person demanding issue of warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) No warrant in factum shall be executed unless the

person demanding the issue of the warrant shall have first delivered

to the court executing officer a sum, to be fixed by the court, to be

given, through the gaoler, to the person against whom the warrant

has been issued in respect of his maintenance for four days,

including the day of apprehension; and the gaoler shall not take the

person apprehended in custody until such deposit is made.

(2) A like sum shall be deposited in the hands of the gaoler

every four days in advance and not later than twelve noon of the

last day of each weekly period. Such sum shall be immediately

delivered to the person apprehended.

(3) The court executing officer and the gaoler respectively

shall give a receipt for the said deposit.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 388 Execution of warrant in factum not to bar action for damages. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The execution of any warrant in factum shall not

affect the right of action for damages and interest consequent upon

the non-performance of the act ordered by the judgment.

(2) Saving other provisions of the law as to damages and

interest or for other purposes, no warrant in factum may be

demanded for the purpose of compelling any one of the spouses to

live with the other spouse.

Sub-title X

OF THE EXECUTIVE WARRANT OF ARREST OF SEA VESSELS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 388C Application for the issue of a warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

An executive warrant of arrest of sea vessels is effected by

application in terms of articles 858 and 860.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 388D Court to decide about the sale or to fix time-limit for payment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court shall, when a demand is made for the issue

of an executive warrant of arrest, establish whether it shall order

the sale of the said article or fix a time-limit within which the

debtor is to pay the amount due or order the said article to be returned

to the owner or lessor or mortgagee.

(2) When the court orders such sale, it shall proceed according

to the procedures laid down in the provisions relating to judicial

sale by auction.

(3) When the court fixes a time limit within which the debtor is

to pay, it shall order the executive warrant to be definitely in force

until payment of the amount due is effected.

(4) When the said time limit passes without any effect the court

shall, on a demand to be made by the interested party, order the sale

to take place according to the provisions of sub-article (2).

(5) When a demand is made for the execution of an order pursuant

to article 1526 of the Civil Code for the issue of an executive warrant

of arrest of the ship for the purposes of repossession thereof, the court

shall expeditiously order the operator, lessee or other occupants,

including any members of their staff to return the seagoing vessels in

favour of the owner or lessor or mortgagee as the case may be and, if

necessary, issue such orders as are stated in article 384A.

Sub-title XI

OF THE EXECUTIVE WARRANT OF ARREST OF AIRCRAFT

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 388E Application for the issue of warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

An executive warrant of arrest of aircraft is effected by

application in terms of articles 865D and 865F.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 388F Court to decide about the sale or to fix time-limit for payment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court shall, when a demand is made for the issue

of an executive warrant of arrest, establish whether it shall order

the sale of the said aircraft or fix a time-limit within which the

debtor is to pay the amount due or remedy the default which in any

case shall not be a term exceeding thirty calendar days from the date

of the application or order the said article to be returned to the owner

or lessor or mortgagee.

(2) When the court orders such sale, it shall proceed according

to the procedures laid down in the provisions relating to judicial

sale by auction.

(3) When the court fixes a time limit within which the debtor is

to pay, it shall order the executive warrant to be definitely in force

until payment of the amount due, or the performance of the

obligation is effected.

(4) When the said time limit passes without any effect the court

shall, on a demand to be made by the interested party, order the sale

to take place according to the provisions of sub-article (2).

(5) When a demand is made for the execution of an order pursuant

to article 1526 of the Civil Code for the issue of an executive warrant

of arrest of the aircraft for the purposes of repossession thereof, the

court shall expeditiously order the operator, lessee or other occupants,

including any members of their staff to return the aircraft in favour of

the owner or lessor or mortgagee as the case maybe and, if necessary,

issue such orders as are stated in article 384A.

Sub-title XII

OF THE WARRANT IN PROCINCTU

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 388G Court may issue other orders. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Subject to the other provisions contained in Title VII

of this Code, the court may on demand of the party, issue such

orders to the Registrar as it may deem necessary for the orders

contained in the judgement to be executed

Provided that this warrant shall not be issued except after

an application has been made to this effect by the creditor and after

the court is satisfied that the creditor does not have any other means

of execution.

(2) There shall be clearly indicated in the application the

reason for the necessity of such orders and a decree shall be given

thereon after that the debtor has been served notice thereof, to

which he may file a reply within four days.

Sub-title VII

O F THE R ENDERING OF A CCOUNTS AND L IQUIDATION OF

F RUITS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 389 Account to be supported by documents. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any person who is bound to render an account, shall,

together with such account, produce all the documents in support

thereof.

(2) If any of the documents is a public deed, a reference thereto

shall be sufficient.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 390 Contents of account. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The account shall contain -

(a) a clear statement of the matter of which an account is

rendered;

(b) the items of receipt;

(c) the items of expenditure;

(d) the balance still due and the things to be recovered.

(2) The account shall end with a summary.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 391 Payment of balance not to imply approval of account. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the receipts exceed the expenditure, the court, on

the application of the interested party, shall order the payment of

the balance

Provided that this shall not be taken to be an approval of the

account.

(2) No appeal shall lie from the order given on any such

application and such order may be enforced after the lapse of two

days from the service thereof, in the same manner and with the

same means as judgments may be enforced.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 392 Objection to account. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the party to whom an account is rendered desires to

impugn such account, he shall lodge his objection thereto

specifying the items to which objection is taken, by sworn

application against the opposite party

Provided that in the case of a rendering of accounts under

the Condominium Act, such action shall be taken at the Malta

Arbitration Centre.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 393 Certain items may be allowed although unsupported by vouchers. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Such items as cannot be or are not usually supported

by vouchers may be allowed if they appear to be true and

reasonable

Provided that the party rendering the account may be

compelled, where it is deemed necessary, to confirm the truth

thereof on oath.

(2) On the demand of the party producing the account, the court

may, according to circumstances, allow him such expense as it was

necessary for him to incur for making out and rendering the

account.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 394 Failure to render account within prescribed time. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the party bound to render an account fails to

produce such account within the prescribed time, it shall be lawful

for the court to allow the party suing for the account to fix, even by

oath, the amount due.

(2) If the party to whom an account is rendered makes no

objection thereto as provided in article 392, it shall be lawful for

the court, on the demand of the opposite party, to approve the

account.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 395 Liquidation of fruits. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of the preceding articles of this sub-title

shall, so far as applicable, apply in cases of liquidation of fruits.

Title VIII

O F CERTAIN S PECIAL P ROCEEDINGS

Sub-title I

O F R ECONVENTION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 396 Reconvention. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In any action, it shall be lawful for the defendant to set up

a counter-claim against the plaintiff, provided the claim of the

defendant be connected with the claim of the plaintiff as stated

hereunder

(a) if the claim of the defendant arises from the same fact

or from the same contract or title giving rise to the

claim of the plaintiff; or

(b) if the object of the claim of the defendant is to set-off

the debt claimed by the plaintiff, or to bar in any other

manner the action of the plaintiff, or to preclude its

effects.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 397 Effects of reconvention. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The effect of reconvention as regards procedure, is that the

original and the counter-claim are dealt with in one single record

and both claims are disposed of in the same action.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 398 Form of reconvention. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The defendant who desires to set up a counter-claim

shall set up his claim in the written reply to the application,

whether sworn or not.

(2) The counter-claim shall be set up after the defence to the

original claim made out as required by law; and the defendant shall,

with respect to the counter-claim, observe, as far as practicable, the

rules established by this Code or by any other law for the written

pleading by which the proceedings were first instituted.

(3) Where proceedings are by sworn application, the setting up

of a counter-claim in a sworn reply shall be equivalent to the filing

of a sworn application with respect to that claim, and shall be

served on the plaintiff, who shall proceed as if he were the

defendant with respect thereto; and in any such case, the closing of

the preliminary written procedures and the application of articles

151 and 152 shall take place with the filing of that sworn reply by

the plaintiff or the expiration of the term for its filing.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 399 Security for costs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.184.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 400 Capacity of parties in reconvention. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The defendant may not set up a counter-claim in a capacity

other than that in which he has been sued, nor may he, in setting up

the counter-claim, sue the plaintiff in a capacity other than that in

which the plaintiff has claimed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 401 Discontinuance of action by plaintiff not to bar prosecution of counterclaim. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If, in any case in which the defendant sets up a

c o u n t e r c l a i m , t h e a c t i o n o f t h e p l a i n t i ff i s i n a n y m a n n e r

discontinued, the defendant may nevertheless insist on his counter-

claim lawfully set up being proceeded with.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 402 Connection of actions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the defendant in an action brings another action in

respect of a claim connected with that of the plaintiff as provided in

article 396, it shall be lawful for the court to order the two actions

to be heard simultaneously.

Sub-title II

O F J ACTITATION S UITS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 403 Jactitation. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where any claim is vaunted in any judicial act, or

otherwise in writing, the party wishing to be liberated from such

jactitation may, within a year of such jactitation, demand, by sworn

application, that a time be fixed within which the jactitator shall

bring the claim for trial, and that in default thereof, the jactitator be

precluded from ever proceeding on that claim.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 404 Time for bringing claim for trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The time mentioned in the last preceding article shall

not exceed three months.

(2) Such time shall be suspended during the pendency of an

application to sue with the benefit of legal aid, provided the

application is filed by the jactitator within the first four days of the

said time.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 405 When jactitation suit is inadmissible. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court shall not allow the demand referred to in article

403 if the jactitation is in respect of an uncertain right, contingent

upon any event or condition, or of a right with regard to which no

action can, for the time being, be taken.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 406 Jactitator to proceed before court to the jurisdiction of which the party aggrieved is subject. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any jactitator to whom a time has been fixed within which

to bring his claim for trial, shall institute proceedings before the

court to the jurisdiction of which the party aggrieved by the

jactitation is subject.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 407 Where jactitator declares before court that he has no claim against party aggrieved. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the jactitator, on appearing before the court,

declares, by means of a note, that he has no claim against the

plaintiff or his property, as the case may be, according to the

demand in the sworn application, the court shall not dispose of the

merits, but shall only adjudge on the costs, where necessary; and in

such case the said declaration of the jactitator shall have the same

effect as an injunction of perpetual silence and it shall no longer be

lawful for the jactitator to proceed on the claim to which the

demand refers.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 408 Fixing of time to jactitator. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the fact of the jactitation is proved and no

declaration as provided in the last preceding article is made, the

court shall allow the jactitator a time in accordance with the

provisions of article 404, and shall reserve giving judgment as to

the issue of perpetual silence in one of the first sittings to be held

after the expiration of the time allowed as aforesaid.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 409 Extension of time. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If in the course of the said time the jactitator shall ask for

an extension thereof, the judgment on the issue of perpetual silence

reserved as provided in the last preceding article, shall be

adjourned until the demand for the extension be dealt with, or until

the enlarged time shall elapse.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 410 Injunction of perpetual silence. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the jactitator shall fail to bring his claim for trial within

the time fixed, the court shall dispose of the second demand

contained in the original sworn application enjoining perpetual

silence upon the jactitator in respect of such claim.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 411 Perpetual silence to apply only to jactitation referred to in a sworn application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The perpetual silence enjoined as provided in the last

preceding article shall be deemed to be restricted to the jactitation

to which reference was made in the sworn application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 412 Where jactitator brings his claim for trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the jactitator shows that he has, within the time fixed,

brought his claim for trial, the court shall abstain from disposing of

the second demand contained in the original sworn application, and

shall leave the question of costs to be determined in the action

instituted by the jactitator.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 413 Effects of non-suit in action by jactitator. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where in the action instituted by the jactitator the court

shall give judgment of non-suit against the jactitator, the time

allowed under article 408, shall commence to run anew from the

day on which the judgment of non-suit shall have become a res

judicata but may not be enlarged.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 414 Effects of default by jactitator to take fresh proceedings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If, within the time renewed as provided in the last

preceding article, the jactitator fails to institute fresh proceedings,

t h e p l a i n t i ff i n t h e j a c t i t a t i o n s u i t m a y d e m a n d , b y s w o r n

application before the court which fixed the original time, that

perpetual silence be enjoined on the jactitator in regard to the claim

which he had brought for trial.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 415 Jactitation suit inadmissible against absent persons, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A jactitation suit may not be instituted against any absent

person nor may any such suit be instituted or prosecuted against

any minor or other person who is under any disability to sue or to

be sued

Provided that the provisions of this article shall not apply in

relation to any person who within three months immediately

preceding the institution of the jactitation suit shall have, either

personally or through a mandatory, filed a judicial act vaunting his

claim.

Sub-title III

O F C OMPETING C LAIMS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 416 Competition of creditors on moneys deposited in court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If, in the superior courts or in the Court of

Magistrates (Gozo) in its superior jurisdiction, there shall be

deposited money in respect of which more than two parties allege

claims of preference or priority or any other interest whatsoever,

the court, upon the application of any of such claimants, shall,

through the registrar, cause a notice to be published in one or more

periodical newspapers, including in any case the Government

Gazette, stating that the said money is standing in court, that there

are claims upon such money, and calling upon all parties interested

therein, to put in their respective claims within the time of one

month, on the expiration of which it shall not be lawful for any

party failing to put in a claim within that time, to delay or

otherwise hinder the decision on the competition proceedings

between the parties putting in a claim.

(2) The said notice shall state the day on which, after the

expiration of the said time of one month, all the parties interested

who shall have put in a claim shall appear in court for the trial of

the claims.

(3) In commercial matters, the time above referred to may be

abridged to any such shorter period as the court may deem

adequate.

(4) The said notice shall be served on the persons making the

deposit, the debtor, the execution creditors as well as on any other

creditor at whose suit any garnishee order may have been issued.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 417 Jus avocandi. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The judgment given on the claims put in by the competing

creditors within the prescribed time shall not operate so as to bar

the exercise of any right on the part of any person who failed to put

in his claim; and it shall be lawful for such person subsequently to

recover, wholly or in part, from any ranked creditor the money

received by him, if the claim of such person shall, on separate

proceedings, prove to be prior, or equal to, that of the ranked

creditor: but if it shall be proved that such person having a prior or

an equal claim could have put in such claim within the prescribed

time, his default may be taken into account in adjudging the costs.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 418 Competing claimants to proceed by application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any person desiring to compete on the money deposited in

c ou r t sh al l, w it h in th e pre scr ib e d ti m e , f il e an a p pl i c a t io n

containing his demand to be ranked on the fund. The first

competitor shall together with his application file a copy of the

lodgment schedule.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 419 Service of application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The application shall be served on the debtor and on

the person making the deposit, but no answer to such application

shall be allowed.

(2) The trial of the claims shall not take place before four days

from the expiration of the time referred to in article 416.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 420 Closing of written pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Upon the expiration of the time referred to in article

416, the written pleadings shall be deemed to be closed both by the

filing of the respective application of each claimant.

(2) At the trial, the court shall hear each competing claimant

both in support of his claim and the alleged priority or preference

t hereof, as w ell as i n op positi on t o th e claim s of the ot her

competitors, and on any other matter which may be necessary for a

full statement of the claims. The debtor, the person making the

deposit and any other interested person appearing at the trial shall

also be heard.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 421 Additional pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the court, for a further and better statement of the

claims, in view of the intricacy of the issues involved, shall deem

an additional written pleading to be necessary, the court may order

such additional written pleading and make any other special order

which it may consider expedient.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 422 No money to be paid out without consent of parties interested or without order of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

During the compilation of the competition proceedings, no

money forming the subject-matter of such proceedings may be paid

out without the consent of all the parties interested, unless the

court, with a view to avoiding the accruing of interest to the

prejudice of all the parties, or for any other good reason, shall deem

it proper to satisfy the claim of any one of the competitors the

priority or preference of which has not been contested.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 423 Withdrawal of deposit subject to condition of surety. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving the provisions of articles 424, 425 and 427, if the

competition refers to money deposited in court subject to the

condition that it may not be withdrawn without a surety, such

money or any part thereof shall not be paid out under any title or

for any reason whatsoever without such surety.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 424 Hypothecary security in lieu of surety. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the payment out is demanded by a government

departm ent, or any administration thereof, or by any pious

institution or foundation, or any other body corporate, which can

offer sufficient security on immovable property, the hypothecation

of such immovable property made by a person lawfully authorised

for the purpose, may be allowed in lieu of the surety referred to in

the last preceding article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 425 Exemption from surety. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The following persons are exempt from giving surety

notwithstanding that such surety be required by the person making

the deposit

(a) the dominus, where the claim is for payment of the

ground-rent of the tenement on the proceeds of the sale

of which there are competing claims;

(b) any seaman of any ship, where the claim is for

payment of wages due for the last voyage, provided

the money deposited in court is derived from the sale

of such ship, or from the sale of the cargo of the said

last voyage, or from the recovery of the ship or cargo,

or from the freight earned in the said voyage.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 426 Duration of obligation of surety. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The obligation of the surety referred to in article 423 shall

remain in force -

(a) if the money deposited in court is derived from the sale

of immovable property, until such time as the right of

action to which the immovable property may be

subject is exercisable;

(b) if the money deposited in court is derived from the sale

of any ship, for a period of one year;

(c) if the money deposited in court is derived from any

other source, until such time as the person making the

deposit may be liable to any molestation against which

he is entitled to be secured.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 427 When condition requiring a surety is not operative. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The condition of the production of a surety referred to in

article 423, shall not be operative -

(a) if the money deposited in court represents the price of

movable property, with the exception of ships; or

(b) in any other case, if the court is satisfied that the

depositor cannot be subjected to molestation.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 428 Competing claims on primogenitures, etc. Filing of the application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In case of competing claims respecting any

primogeniture, majorat, entail, succession or benefice, any person

claiming to have a right thereto, and desiring to establish such

right, shall file an application setting out his claim causing such

application to be served on any person whom he believes to have a

competing claim.

(2) The documents in support of the claim shall be produced

together with the application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 429 Answer and respective statement. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for each of the parties on whom any such

application shall have been served to file an answer containing the

pl e a s e w h i c h he de s i r e s t o r a i s e i n op p o s i ti o n t o t he o t h e r

competing claims and a statement of his own claim.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 430 Service of answer and respective libel. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The written pleading referred to in the last preceding

article shall be served on all the parties who shall have put in a

claim as well as on any other person whom the party filing such

pleading deems it to be in his interest to notify judicially of such

pleading.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 431 Closing of pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the cases referred to in article 428, the pleadings

shall be deemed to be closed -

(a) on the filing of the answers and respective applications

of the contending parties; or

(b) on the expiration of the time prescribed in sub-article

(2), if the parties or any of the parties served with the

application shall fail to file the answer and respective

application within such time.

(2) The party served with an application shall file an answer or

a respective application within fifteen days from the date of

service.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 432 Parties served with answer and respective application may file a note. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

There shall be no reply to the answer and respective

application but it shall be lawful for the parties served with an

answer and respective application to file a note in support of their

own claim and in opposition to the claim of the other parties not

later than the day appointed for the trial of the claims.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 433 Other claimants may file application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any other party claiming to have a right to the

primogeniture, majorat, entail, succession, or benefice under

litigation, may file his application at any time before the closing of

the pleadings, causing it to be served on all parties who had put in a

claim, in which case the provisions of the last four preceding

articles shall apply.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 434 Additional written pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Should a further and better statement of the claims prove

to be necessary, it shall be lawful for the court to order all or any of

the competing parties to file an additional written pleading in

regard to such issues of law or fact as in the opinion of the court

may require further elucidation.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 435 Person not expressly notified not to be debarred from claiming his rights by separate proceedings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Non-appearance, except in the case of a person served

with a judicial notice, shall not debar any claimant who has not

entered an appearance from exercising, by separate proceedings,

any right of action to which he may be entitled against the

successful party.

Sub-title IV

O F U NCERTAIN OR U NKNOWN H EIRS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 436 State Advocate to take possession of inheritance where no known heirs are present in Malta. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If a person dies without leaving any known heir present in

Malta, the State Advocate shall take possession of the inheritance to

safeguard the interests of any person who may be entitled thereto.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 437 Warrant of description. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Civil Court, First Hall, or the Court of Magistrates

(Gozo) in its superior jurisdiction, as the case may be, shall, on the

demand of the State Advocate, by an application, issue a warrant

directing the marshal to make a description of the hereditary estate.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 438 Interested parties may apply for leave to be present at description. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any person claiming to have an interest in the estate,

either in his own name or on behalf of any other person, may, upon

an application, obtain leave from the court to be present at the

description.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 439 Seizure of movable property. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In virtue of the said warrant all movable property

belonging to the deceased shall be seized.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 440 Sale by auction of perishable property, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The State Advocate may, by an application, demand

that such property as he may think perishable or liable to

deterioration, be sold by auction.

(2) The same rule shall also apply where the hereditary estate is

of very small value.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 441 State Advocate to be lawful representative of inheritance. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The State Advocate shall be the lawful representative of

the inheritance whether as plaintiff or defendant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 442 Estate not to be disposed of without order of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall not be lawful to dispose of the hereditary estate or

any part thereof without an order of the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 443 Duties of State Advocate where inheritance is of considerable value. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The State Advocate vested with the possession of the

hereditary estate shall, by means of a notice in the Gazette and in a

daily newspaper, call upon all parties who may have a claim on

such estate, to bring forward their claim before the competent court

within a period of one year.

(2) It shall not be lawful for the court to put any person in

possession of the inheritance before the expiration of the said time,

unless such person shall give a bond with a sufficient surety to

restore such inheritance to any other person having a better claim

who may appear within the said time.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 444 Persons exempted from giving security. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The following persons are exempted from giving the

security referred to in the last preceding article

(a) the heir institute;

(b) the legitimate children of the deceased;

(c) the parent or the brother or sister of the deceased,

provided such parent, brother or sister shall state on

oath before the respective court, that it is to his

knowledge that the deceased had no legitimate

children.

(2) In such cases it shall be lawful for the court to allow the

heir institute or the child, parent, brother or sister of the deceased

to take possession of the entire inheritance, under an obligation on

his or her part to surrender such portion as may be due to any other

heir institute, child, parent, brother or sister of the deceased.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 445 Delivery of estate to creditor. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the hereditary estate is of very small value, it

shall be lawful for the court, in the absence of any opposition on the

part of the State Advocate, to order, even on an application, that such

estate be delivered to any creditor claiming it in fall or partial

payment of a debt owing to him.

(2) In any such case, the court may allow the creditor to verify

his account on oath if, in the circumstances of the case, it is difficult

to produce other evidence and the court is satisfied that such

verification on oath is sufficient.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 446 Summary procedure for delivery of estate to creditor where claim is proved by documentary evidence. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the case referred to in the last preceding article, the

delivery of the estate to a creditor in full or partial payment of a

debt owing to him, may also be made, without any order of the

court and without any application on the part of the creditor, upon a

note to that effect filed by the State Advocate, where the debt is

proved by documentary evidence.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 447 Sale by auction of estate and deposit of proceeds in court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The State Advocate may, at the expiration of one year from

th e day on which he was vested wit h the p ossessi on of the

hereditary estate, obtain an order from the court for the entire

property of the deceased to be sold by auction, in which case the

proceeds of the sale, after deducting therefrom the expenses

i n c u r r e d , sh a l l b e d e p o s it e d i n c ou r t f o r th e b e n e f i t of t he

inheritance.

Sub-title V

O F D ISENTAIL

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 448 Procedure for disentail. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving the provisions of Title I of Part II of Book Second

of this Code, the demand for a disentail, in the cases permitted by

l a w, i s m a d e b y a n a p p l i c a t i o n t o t h e c o m p e t e n t c o u r t o f

contentious jurisdiction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 449 Contents of application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The application shall state the nature of the entail to which

the immovable property is subject, as well as the object for which

the disentail is demanded.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 450 Production of documents and security for costs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The application shall be accompanied by documents in

support of its contents and by security for costs.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 451 Issue of banns for appointment of curators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where any such application is made, the court shall, upon

a separate demand by the applicant, or upon the demand which

shall have been made for the purpose in the application itself, issue

banns for the appointment of a curator or curators.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 452 Publication of notice in newspapers announcing application for disentail. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The registrar shall simultaneously with the issue of banns

cause a notice to be published in one or more periodical

newspapers, including in any case the Government Gazette,

announcing that an application for the disentail has been filed, and

calling upon any interested party who may desire to enter an

opposition to such application to file, within one month or within

such shorter time as the court in some particular case sees fit to

prescribe, an answer containing the grounds of his objection to the

said application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 453 Service of application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Moreover, the application shall be expressly served on the

curator or curators appointed as aforesaid and on the parties next

entitled to succeed to the entail, being present in Malta and known

to the applicant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 454 Answer by curators, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

After the application has been duly served, the curator or

curators and the other parties on whom the application has been

expressly served as well as any other person claiming to be

interested in the matter, shall be entitled to file an answer.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 455 No written reply allowed. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No written reply to such answer shall be allowed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 456 Closing of written pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The written pleadings shall be deemed to be closed on the

expiration of the time referred to in article 452, although no answer

shall have been filed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 457 Appointment of day for hearing of application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court shall not appoint a day for the hearing of the

application before the time fixed in the notice referred to in article

452 has expired.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 458 Effect of judgment ordering the disentail. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The judgment ordering the disentail shall, as soon as it

becomes a res judicata, have the effect of freeing the immovable

property from any entail to which the same may have been subject.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 459 Power of court to order cessation of effects of disentail. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall be lawful for the court, at any time before the

alienation of such property, upon the demand of any person

interested, to order the cessation of the effects of the disentail if,

owing to supervening circumstances, the object for which the

disentail was granted shall have ceased to exist.

(2) In the absence of any such order or of a demand for such

order, the alienation may not be impugned on the ground that it was

made after the object for which the disentail was granted had

ceased to exist.

Sub-title VI

O F C AUSES OF THE G OVERNMENT

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 460 Proceedings against the Government. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Subject to the provisions of sub-article (2), no judicial

act commencing any proceedings may be filed, and no proceedings

may be taken or instituted, and no warrant may be demanded,

against the Government, or against any authority established by the

Constitution, other than the Electoral Commission, or against any

person holding a public office in his official capacity, except after

the expiration of ten days from the service against the Government

or such authority or person as aforesaid, of a judicial letter or of a

protest in which the right claimed or the demand sought is clearly

stated.

(2)

The provisions of sub-article (1) shall not apply -

(a) to actions for redress under article 46 of the

Constitution; or

(b) to warrants of prohibitory injunction; or

(c) to actions for the correction of acts of civil status; or

(d) to actions to be heard with urgency;

(e) to referrals of disputes to arbitration,

and where in accordance with the provisions of any law a particular

procedure including a time-limit or other term is to be observed, the

provisions of sub-article (1) shall not apply and the procedure

aforesaid, including any time-limit or other term, shall apply and be

observed in lieu thereof.

(3) Causes against the Government in respect of which there is

in force a warrant of prohibitory injunction shall be heard by the

court with urgency in preference to other causes.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 461 Proceedings for recovery of fine (multa) by civil process. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

For the recovery of any fine (multa) recoverable by civil

process, the State Advocate shall proceed in the Civil Court, First

H a l l , o r in th e C ou r t o f M a g i s t ra te s ( Go z o ) i n it s s u pe r io r

jurisdiction, as the case may be, by application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 462 Proceedings for forfeiture of goods by civil process. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the case of seizure of goods subject to forfeiture by civil

process according to law, the State Advocate shall likewise proceed

in the Civil Court, First Hall, or in the Court of Magistrates (Gozo)

in its superior jurisdiction by application demanding that the goods

in question be declared forfeited.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 463 Person against whom application is to be directed. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The application referred to in the last preceding article

shall be directed against the person in whose possession the goods

shall have been found.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 464 When application is to be directed against official curators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the goods were not in the possession of any

person, the application shall be directed against the advocate and

the legal procurator next in turn as curators on the rota.

(2) Such curators shall represent the unknown owner of the

goods.

(3) A copy of such application shall be posted up at the

entrance of the building in which the court sits, at least two days

before the day appointed for the hearing.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 465 Any interested person may appear at the trial to contest action. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for any person interested, although not

summoned, to appear at the trial of the action, and enter his

objections against the demand referred to in article 462.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 466 Proceedings for debts due to Government. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the head of a government department or the

person vested with the legal representation of a body corporate

established by law or with the legal representation of any company or

other body which has been authorised by or under any law to collect

any amounts due to a government department or to a body corporate

established by law, desires to sue for the recovery of a debt due to a

government department or to any administration thereof or to a body

corporate established by law, for any services, supplies, penalties, rent,

ground rent, other burdens on property, compensation for occupation

and or for any licence or other fee or tax due, he may make a

declaration on oath before the registrar, a judge or a magistrate

wherein he is to state the nature of the debt and the name of the

debtor and confirm that it is due

Provided that the provisions of this article shall also apply in

respect of amounts due for the supply of water and electricity and for

the rental of the relative meters but they shall not apply where prior to

the service required under sub-article (2) the person from whom the

amount is claimed shall have notified the claimant either by means of a

judicial act or by registered post that he is disputing the metering,

calculation or the charge in respect of such supply or rental.

(2) The declaration referred to in sub-article (1) shall be served

upon the debtor by means of a judicial act and it shall have the

same effect as a final judgment of the competent court unless the

debtor shall, within a period of twenty days from service upon him

of the said declaration oppose the claim by filing an application

demanding that the court declare the claim unfounded.

(3) The application filed in terms of sub-article (2) shall be

served upon the head of department, who shall be entitled to file a

reply within a period of twenty days. The court shall appoint the

application for hearing on a date after the lapse of that period.

(4) In the cases of an urgent nature the court may, upon an

application of the creditor or the debtor, shorten any time limits

provided for in this article by means of a decree to be served upon

the other party.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 467 Opposition to proceedings under article 466. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any executive title obtained according to the

provisions of the last preceding article in the absence of any

opposition on the part of the debtor shall be rescinded if upon a

request by application to be filed by the debtor within twenty days

from the first service upon him of any executive warrant based on

the said title or of any other judicial act wherein reference is made

to the said title, the court is satisfied that the debtor was unaware of

the service of the declaration referred to in sub-article (1) of the

last preceding article during the period during which he could

oppose the same and that the claim contained in the said declaration

is unfounded on the merits.

(2) No opposition other than that specifically provided for in

this article and in the last preceding article shall stay the issue or

execution of any executive act obtained thereunder or the paying

out of the proceeds of any warrant or sale by auction carried out in

pursuance thereof.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 468 Summary proceed- ings for eviction from certain land. Repealed by: XXIV.1995.200. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XVII.2017.84.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 468A Procedure subsequent to a request made under article 468. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XVII.2017.84.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 468B Regulations. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Minister may make regulations and prescribe schemes

which promote mediation and out of court settlement schemes

which involve the Government, thereby also promoting principles

in line with Commission Recommendations 2001/310/EC.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 469 Government costs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any taxed fees due to the law officers of the Government

of Malta shall be paid into the Consolidated Fund.

Sub-Title VII

J UDICIAL R EVIEW OF A DMINISTRATIVE A CTION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 469A Judicial review of administrative action. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Saving as is otherwise provided by law, the courts of

justice of civil jurisdiction may enquire into the validity of any

administrative act or declare such act null, invalid or without effect

only in the following cases

(a) where the administrative act is in violation of the

Constitution;

(b) when the administrative act is ultra vires on any of the

following grounds

(i) when such act emanates from a public authority

that is not authorised to perform it; or

(ii) when a public authority has failed to observe the

principles of natural justice or mandatory

procedural requirements in performing the

administrative act or in its prior deliberations

thereon; or

(iii) when the administrative act constitutes an abuse

of the public authority’s power in that it is done

for improper purposes or on the basis of

irrelevant considerations; or

(iv) when the administrative act is otherwise

contrary to law.

(2) In this article -

"administrative act" includes the issuing by a public authority of

any order, licence, permit, warrant, decision, or a refusal to any

demand of a claimant, but does not include any measure intended

f or i n t e r n a l o rg a n i z a t io n o r ad m i n is t r a t i on w i t hi n t he sa id

authority

Provided that, saving those cases where the law prescribes a

period within which a public authority is required to make a

decision, the absence of a decision of a public authority following a

claimant’s written demand served upon it, shall, after two months

from such service, constitute a refusal for the purposes of this

definition;

"public authority" means the Government of Malta, including its

Ministries and departments, local authorities and any body

corporate established by law and includes Boards which are

empowered in terms of law to issue warrants for the exercise of any

trade or profession.

(3) An action to impugn an administrative act under sub-article

(1)(b) shall be filed within a period of six months from the date

when the interested person becomes aware or could have become

aware of such an administrative act, whichever is the earlier.

(4) The provisions of this article shall not apply where the

mode of contestation or of obtaining redress, with respect to any

particular administrative act before a court or tribunal is provided

for in any other law.

(5) In any action brought under this article, it shall be lawful

for the plaintiff to include in the demands a request for the payment

of damages based on the alleged responsibility of the public

authority in tort or quasi tort, arising out of the administrative act.

The said d am ages shall not be awarded by the court wher e

notwithstanding the annulment of the administrative act the public

authority has not acted in bad faith or unreasonably or where the

thing requested by the plaintiff could have lawfully and reasonably

been refused under any other power.

(6)

For the purposes of this article, and of any other provision

of this and any other law, service with the government is a special

r e l a t i o n s h i p r e g u l a t ed b y t h e l e g a l p r o v i s i o n s sp e c i f i c a l l y

applicable to it and the terms and conditions from time to time

established by the Government, and no law or provision thereof

relating to conditions of employment or to contracts of service or of

employment applies, or ever heretofore applied, to service with the

government except to the extent that such law provides otherwise.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 469B Judicial review of a decision of the Attorney General. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the Attorney General takes a decision

(a) not to prosecute in accordance with the powers

conferred upon him by any law; or

(b) not to allow the inspection or the issuing of copies of a

procès-verbal or of any depositions or documents filed

therewith in terms of the proviso to article 518 of the

Criminal Code,

the courts of justice of civil jurisdiction, giving due account to the

constitutional independence of the Attorney General, may enquire into

the validity of the said decision and declare such decision null, invalid

or without effect and consequently send back the matter to the

Attorney General for review in accordance with the judgment of the

court only in the case of a finding that the decision is not properly

directed on legal considerations or is unreasonable in that it is not open

to a reasonable prosecutor.

(2)

An action for judicial review of a decision of the Attorney

General as provided in paragraph (a) of sub-article (1) may be filed

only by the injured party and an action in terms of paragraph (b) of

sub-article (1) shall be filed by the claimant within two months from

when the injured party or the claimant becomes aware or could have

become aware of the decision, whichever is the earlier

Provided that where the law provides for a procedure

whereby the Attorney General may be requested to conduct an internal

review of the decision, the said period of two months shall commence

to run as from the date when the injured party is informed of the results

of the said review

Provided further that for the purposes of this article, the

Auditor General, the Commissioner for Standards in Public Life, the

Permanent Commission Against Corruption and the Ombudsman shall

be entitled to make any claim and to exercise any action which

according to this article pertains to the injured party when they shall

have reported any corrupt practice as defined in the Permanent

Commission Against Corruption Act to the Attorney General.

(3) Judicial review cannot be made where an agreement has been

reached with the competent authorities of another country that the

courts of that country shall exercise jurisdiction over the crime.

PART II

O F THE M ODE OF P ROCEDURE BEFORE THE

C OURT OF VOLUNTARY JURISDICTION

G ENERAL P ROVISIONS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 470 Procedure in matters of voluntary jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Saving the provisions of article 489 of this Code and

of article 37 of the Civil Code, any demand for any authorization or

leave to enter into or make any contract or disposition in respect of

which the law requires a previous authorization or leave, or for any

other order or direction in civil matters of voluntary jurisdiction,

shall be made to a section of the Civil Court as may be prescribed

by regulations.

(2) Such application shall be signed by the applicant himself or

by an advocate, notary, or legal procurator.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 471 Powers of judge. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Upon any such application the judge shall obtain the

necessary information, and for such purpose he shall order the

production of documents, examine, on oath or otherwise, the

applicant himself or any other person, and also, if he deems it

material to ascertain the value of the property forming the subject-

matter of the application, appoint one or more experts.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 472 Court may, in certain cases, order the production of an opinion in writing of an advocate. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the matter refers to any waiver, compromise or security,

or to an authorization to begin a suit, it shall be lawful for the court

to order the applicant to produce a reasoned opinion in writing of

one or more practising advocates.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 473 Judge may examine any person on subject- matter of application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court to order any person to

appear on a given day, at a stated time, to be examined on the

subject-matter of the application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 474 Collection of information. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall also be lawful for the court to appoint one or more

persons to collect the necessary information on the subject-matter

of the application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 475 Any person may spontaneously appear to give information. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for any person spontaneously to appear to

give to the court the said information.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 476 Act to be within terms of decree. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any act done in pursuance of an authorization granted by

the court shall be within the terms of the decree; and if after a

decree is given, it shall be found necessary to add any new

stipulation, or agreement, or any other matter requiring

authorization, another application shall be made for the necessary

authorization.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 477 Act to be valid only as far as authorized. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

An act done in pursuance of a decree of the said court shall

not be valid as regards such parts thereof as require judicial

authorization, except in so far as such parts have been authorized.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 478 Presence of judge at execution of acts — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where at the execution of any act, the presence of the

j u d g e o f t h e s a i d c o u r t i s r e q u i r e d b y l a w, h e s h a l l a t t e n d

personally

Provided that the presentation or withdrawal of a secret will may

be effected in the presence of any other judge, notwithstanding that

such judge may not be the judge assigned to the said court.

(2) The presence of the judge at the execution of an act shall

not cure any defect arising from any departure from the express

terms of the decree of authorisation, nor shall it validate such part

of the act as requires authorization if such authorization has not

been granted by a decree of the court.

(3) It shall be lawful for the judge to depute a judicial assistant

to be present at the execution of the act. It shall also be lawful for

the judge to depute a judicial assistant to receive the information

referred to in article 471, or any sworn declaration mentioned in

this Part, if the person to be examined or heard, or the deponent, is

prevented by illness from attending in court or in such other place

as may have been appointed by the judge.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 479 Decrees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Decrees are issued in the name of the court, and shall be

signed by the judge and countersigned by the registrar.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 480 Hearing of application for provisional maintenance etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXXI.2002.152.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 481 Mode of service. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.202.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 481A Review of maintenance decree. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXXI.2002.152.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 482 Examination of applications with closed doors. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court may, and in the case of adoption

proceedings shall, proceed with closed doors in examining and

determining applications.

(2) In the case of adoption proceedings, every application,

decree and record connected therewith shall be secret and shall not

be accessible to any person except by authorisation of the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 483 Service of application on interested third parties. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If it shall appear from the contents of the application, or

from the examination, or from the information obtained, that any

third party is interested in the matter, the court shall order the

application to be served on such interested party to whom a

reasonable time shall be allowed to file an answer.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 484 Default of answer by third party. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the party so served shall fail to file an answer within the

prescribed time, the court shall dispose of the matter according to

law.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 485 Opposition to demand. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If any person enters an opposition to the demand, the court

shall examine the grounds of opposition, and shall either grant the

order applied for, or refer the parties to the court of contentious

jurisdiction, as it shall deem proper

Provided that the court shall not refer the parties to the court of

contentious jurisdiction where, in the case of a demand made in

accordance with the proviso to article 470(1), the court shall have

upheld the opposition to the said demand.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 486 Custody of applications and decrees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Every application and every decree shall be kept in

the Registry.

(2) A decree authorizing the execution of any deed shall state

the name of the notary before and by whom such deed is to be

received and published.

(3) Any copy of a decree to be inserted in any notarial act shall

be countersigned by the judge.

(4) Regular indexes shall be kept of all applications and

decrees.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 487 Cognizance of matters of voluntary jurisdiction not to be ground for challenge or abstention of judge. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The judge who shall have granted or refused the leave or

authorization applied for, or who shall have otherwise taken

cognizance of any matter of voluntary jurisdiction, may not on such

ground be challenged or precluded from taking cognizance of any

cause in any of the courts of contentious jurisdiction in which any

issue relating to such matter may afterwards arise.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 488 Grounds for impugning acts executed by leave or with authorization of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In regard to any act executed by leave or with the

authorization of the court, it shall not be lawful to adduce evidence

to prove that the consent was given by error, or extorted by

violence or fraud, or that the act was in any manner whatsoever

injurious or prejudicial.

(2) Nevertheless any such act may be invalidated, if it is

proved that the leave or authority of the court was granted in

consequence of any misstatement or concealment of facts.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 489 Applicability of provisions of this Part to court of Gozo as court of voluntary jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of this Part of this Code relating to the

Voluntary Jurisdiction section of the Civil Court, and to the judge

thereof shall also apply to the Court of Magistrates (Gozo) as a court

of voluntary jurisdiction, constituted under the provisions of article 54,

and to the magistrate sitting in such court.

Title I

O F D ISENTAIL BY D ECREE OF C OURT OF

V OLUNTARY J URISDICTION

1868.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 490 Disentail where fruits do not exceed ninety- three euro and seventeen cents (93.17) per annum. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Notwithstanding any other provision of this Code relating

to disentail, any person in possession of property subject to entail

may, upon an application to that effect, obtain a disentail, in regard

to all or any part of such property, by a decree of the court of

voluntary jurisdiction, provided -

(a) the entail be dividual; and

(b) the fruits of all the property possessed by the applicant

under the entail to which the application refers, do not,

after deducting all burdens, exceed the sum of ninety-

three euro and seventeen cents (93.17) per annum; and

(c) the consent of all the parties next entitled to succeed to

the entail be obtained

Provided that if at the time of the application there be only one

person next entitled to succeed, then, besides the consent of such

person, it shall also be necessary to obtain the consent of any other

person who, in the event of the predecease of the former, would be

the person or one of the persons next entitled to succeed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 491 Where person whose consent is required is a minor, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where any of the persons whose consent is required as

provided in the last preceding article, is a minor or is insane or

interdicted, it shall, nevertheless, be lawful for the court to order

the disentail if it is satisfied of the necessity or utility of such

disentail in the interest also of such person.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 492 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the fruits of all the property possessed by the

applicant under the entail to which the application refers, do not,

after deducting all burdens, exceed the sum of thirty-four euro and

ninety-four cents (34.94) per annum, the court may order the

disentail independently of the consent of any of the persons entitled

to succeed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 493 Where fruits of tenement do not exceed nine euro and thirty-two cents (9.32) per annum. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the fruits of any tenement possessed by the

applicant under the entail, whether dividual or individual, to which

the application refers, do not, after deducting all burdens, exceed

the sum of nine euro and thirty-two cents (9.32) per annum, the court

may likewise order the disentail independently of the consent of

any of the persons entitled to succeed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 494 Anterior dividual entail. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A decree ordering a disentail shall free the property

from any other anterior dividual entail to which the property may

be subject although no mention of such other entail shall have been

made in the application.

(2) Such decree shall also free the property from any other

anterior individual entail, if forty years shall have elapsed from the

day of the death of the entailer, where the entail mentioned in the

application was constituted by a will, or from the date of the deed

where such entail was constituted by a deed inter vivos.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 495 Substitution. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The provisions of the foregoing articles shall also

apply where the demand contained in the application is for the

substitution of some immovable property for other property,

whether movable or immovable, subject to a dividual entail.

(2) In such case, the substitution may be authorized by a decree

of the said court, even though the fruits of the property in regard to

which the disentail is demanded, exceed the sum of ninety-three euro

and seventeen cents (93.17) per annum.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 496 Letting out of property subject to entail. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall also be lawful for the said court to grant to any

person in possession of property of any value whatsoever, subject

to any dividual or individual entail, authorization to give such

property on lease for any period exceeding eight years, in the case

of rural property, or four years, in the case of urban property, if it is

shown to the satisfaction of the court that such lease would be for

the benefit of the persons entitled to succeed

Provided that the court may not grant any such authorization for

a period exceeding twelve years, in the case of rural property, or

eight years, in the case of urban property.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 497 Letting out of property subject to entail on emphyteusis. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall also be lawful for the said court to grant to any

person in possession of property of any value whatsoever, subject

to any dividual or individual entail, authorization to give such

property on emphyteusis for a definite period or in perpetuity,

provided the persons whose consent would, according to the

provisions of article 490, be necessary for a disentail, give their

consent thereto.

(2) The provisions of article 491 shall also apply in the case

referred to in this article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 498 Where person refuses consent. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where any person whose consent is required under the

provisions of the foregoing articles fails, without just cause, to give

such consent and thereby causes recourse to be had to the court of

contentious jurisdiction for the disentail or other authorization,

such court shall, in granting to the applicant that which, in the

event of such consent, he could have obtained from the court of

voluntary jurisdiction, condemn such person in the costs of the

action.

Title II

O F THE D ISENCUMBERMENT OF I MMOVABLE P ROPERTY

BY THE P ROCEDURE OF E DICTS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 499 Issue of edicts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The liberation of any immovable property from any entail,

hypothec, easement or other burden whatsoever, may be obtained

by means of edicts issued by the Court of voluntary jurisdiction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 500 Application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The demand for the issue of edicts shall be made by

an application.

(2) The application shall state the mode in which the property

has been acquired as well as every transmission of the possession

thereof which may have taken place within the last preceding ten

years.

(3) The applicant shall, together with the application, or

subsequently thereto, file a list of his hypothecary debts, showing

distinctly the sums due by him, the name of the creditors and their

respective titles, as well as the burdens and any other

encumbrances to which the immovable is subject; and such list

shall be by him verified on oath before the registrar.

(4) The applicant shall also produce a certificate from the

office of the Public Registry, showing the liabilities, if any,

registered against him as well as against such others as were vested

with the possession of the property during the last preceding ten

years.

(5) In default of the production of such certificate, it shall not

be lawful to order the issue of edicts.

(6) If the applicant declares that the property is not subject to

any debt or other burden, he shall confirm such declaration on oath.

(7) Where the application is made by an attorney or other

representative of a person not residing in Malta, or incapable of

taking an oath, the oath prescribed under this article shall be taken

by such attorney or representative, who will declare that it is not to

his knowledge whether the property in question is subject to any

debt or other burden, or whether the property is subject to any other

debt or burden besides those mentioned in the said list.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 501 Court to issue two edicts with interval of fifteen days. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court shall issue two edicts with an interval of at

least fifteen days between the first and the second edict.

(2) A copy of each edict shall be posted up at the entrance of

the building in which the court sits.

(3) Such edicts shall call upon any person interested to appear

and put in his claim by a protest within two months from the

expiration of the time of fifteen days from the date of issue of the

second edict; provided that any curator appointed by the court

according to the provisions of article 504(1) may by application

request the court to extend the said time. The court may, after

considering the circumstances of the case, grant such other time as

it may deem fit.

(4) The edicts shall contain a warning to the effect that at the

expiration of the said time of two months, the property shall

become free from any entail, hypothec, easement or other burden as

regards any person who fails to appear, unless such person has been

mentioned in the list referred to in the last preceding article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 502 Notice by registrar. Contents of notice. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The registrar shall, within fifteen days from the issue

of the second edict, cause a notice, signed by him, containing the

demand for the issue of edicts together with an intimation in terms

of sub-articles (3) and (4) of the last preceding article, to be

published in the Government Gazette, and posted up in the place in

which Government Notices or other official acts are ordinarily

posted up in the city, suburb or district in which the applicant

resides, as well as in the city, suburb or district in which the

property is situate.

(2) Where, in regard to any liability shown on the certificate of

the Public Registry, the applicant, if he appears in his own name,

shall swear that such liability does not concern him and that he is

not aware whether such liability concerns any of the persons vested

with the possession of the property within the last preceding ten

years, or, if he appears as attorney or representative of another

person as provided in article 500(7), shall swear that it is not to his

knowledge whether such liability affects the property, then in any

such case, the said notice shall contain the names, as stated in the

certificate, of the creditors in whose favour such liability is

registered and shall contain an express warning to such creditors

that, should they fail to appear and put in a claim, by a protest,

within the time prescribed in sub-article (3) of the last preceding

article, such liability shall be deemed to be non-existent in so far as

the property referred to in the notice is concerned.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 503 Posting up of notice. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the applicant does not reside in Malta, the said

notice shall be posted up in the place in Malta wherein it is proved

to the satisfaction of the court that he has resided within the last ten

years; and failing such proof, the said notice shall be posted up

only in the place within the limits of which the property is situate.

(2) Nevertheless it shall in all cases be lawful for the court to

order that the said notice be also posted up in any other place.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 504 Appointment of curators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court shall appoint curators to represent any

interested parties who are absent or minors or pupils having no

tutor or curator or other lawful representative.

(2) It shall be the duty of the curators so appointed to make due

inquiry as to the rights of the parties whom they represent, as well

as to ascertain in the best possible manner whether the property is

subject to any entail.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 505 Written report by curators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The curators so appointed shall make a written report to

the court, stating therein the inquiries made by them for the

purposes mentioned in the last preceding article; and if it shall

come to their knowledge that the parties whom they represent have

any claim whatever on the property, they shall bring forward such

claim by entering the requisite protest.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 506 Compilation of record. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The application, the certificate of the Public Registry, the

list as verified on oath, the two edicts together with the certificate

of the marshal with regard to their publication, the notice inserted

in the Government Gazette, the documents, the protests of the

interested parties who have entered an appearance and the report as

well as the claims put in by the curators appointed as aforesaid,

shall be compiled in a single record in chronological order and kept

in their original.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 507 Decree of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

On the expiration of the time mentioned in article 501(3),

the court shall examine the record, and if it is satisfied that the

provisions contained in articles 499 to 506 inclusive have been

complied with, shall give a decree declaring that the edicts have

been purified, that it is proved that all the formalities prescribed by

this Code have been complied with, and that the immovable

property is free from any entail, hypothec, easement or other

burden, which might be claimed by any person, or body corporate,

although privileged, including the Government, except such as are

available to the creditors or other interested parties who put in a

claim, or whose claim appears from the certificate of the Public

Registry, or from the list filed by the applicant, or from the protest

of the curators.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 508 Time for which hypothecs remaining in force as provided in article 507 shall subsist. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any hypothec remaining in force as provided in the

last preceding article shall subsist only for a period of one year to

be reckoned from the day on which the debtor, who has disposed of

the property, shall have, by protest or judicial letter, called upon the

creditor to exercise his rights.

(2) If at the time of any such intimation, the rights of the

creditor cannot as yet be exercised, the said period shall be

suspended until such time as such rights can be exercised.

(3) The said period shall also be suspended, where the time for

payment has been agreed upon in favour of the creditor.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 509 Issue of edicts in pursuance of condition attached to bid in judicial auction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the demand for the issue of edicts is made in

consequence of a bid made in a judicial sale by auction subject to

the condition of the issue of edicts, the purchaser shall, together

with the application, file a copy of the act of adjudication; and in

such case the list mentioned in article 500 shall be made by the

purchaser himself, unless he states on oath before the court that he

is not acquainted with the circumstances required to be mentioned

in the list.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 510 Curators to investigate history of title to property. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The curators appointed by the court under the provisions of

article 504, shall use all due diligence to ascertain the history of the

title to the property, and shall make an express mention thereof in

their report. If the history of the title to the property is established

by the curators, the court shall cause another edict to be published

in the manner prescribed in article 501.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 511 Extension of original time of two months. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the publication of the history of the title to the property

as provided in the last preceding article, takes place during the

second of the two months prescribed in the edicts, or during the

extension of the period granted in terms of article 501(3), such time

of two months or such extension of the period shall be extended by

another month.

Title III

O F THE A PPOINTMENT OF T UTORS, C URATORS

AND OTHER A DMINISTRATORS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 512 Application for the appointment of tutors, curators, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any person may apply to the Court of voluntary

jurisdiction, for the appointment of a tutor or curator to a minor, or

for the appointment of a curator to a vacant inheritance or to an

absent person, or of any other administrator, according to law.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 513 Appointment of experts for examination of accounts, — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Upon the application of tutors, curators or other

administrators for the examination and approval of their accounts

and for their discharge, it shall be lawful for the court to appoint

advocates and accountants from the rota, who shall file a report

upon which the court shall give the requisite decree.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 514 for fixing maintenance allowances. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where it shall be necessary to fix a maintenance

allowance, it shall be lawful for the court to appoint a practising

advocate or a head of a family, in order to report thereon, and on

any such report, the court shall give the requisite decree.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 515 Power of court to exempt tutors, etc. from continuing to act, — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court, on good cause being shown,

to exempt any tutor, curator, or other administrator, appointed by

the court, from continuing to act as tutor, curator, or administrator.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 516 or to suspend such tutors, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall likewise be lawful for the court, of its own motion

or upon the demand of any person, to suspend from the exercise of

his office, any tutor, curator or other administrator appointed by the

court, pending an action for his removal, or for any other just

cause, and to appoint another tutor, curator or administrator to act

in his stead.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 517 Duration of suspension. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The suspension shall continue until it is revoked by the

court which issued the relative order, or until, upon proceedings

taken by the tutor, curator, or administrator so suspended, against

the party who demanded the suspension, it is revoked by the

competent court of contentious jurisdiction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 518 Substitution of executors, administrators, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Applications for the substitution of any executor,

administrator, procurator, or counsellor, for that appointed under a

will or other instrument, where the latter refuses to accept office, or

dies, or otherwise becomes unable to perform the duties of his

office, shall likewise be made to the Court of voluntary

jurisdiction, unless according to law such substitution is to be made

by any other authority or person.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519 Service of application for substitution. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where no positive refusal or incapacity to perform the

duties referred to in the last preceding article is made to appear, the

court shall order the application for the substitution to be served on

the party in lieu of whom the substitution is demanded, who shall

be allowed the time of four days within which to file an answer;

and the default of an answer within the said time shall be deemed to

be an admission of the demand contained in the application.

(2) Where there are reasons to believe that the incapacity arises

from insanity or any other cause which prevents such answer, the

court shall take such steps as it may deem just and expedient in

order to ascertain the facts.

Title III A

O F G UARDIANSHIP

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519A Guardianship Board. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) There shall be a Guardianship Board (hereinafter in

this Title referred to as the ‘Board’) which shall be appointed by

the President of Malta acting on the advice of the Prime Minister

given after consultation with the Social Affairs Committee of the

House of Representatives.

(2) The Guardianship Board shall be composed of three

members as follows

(a) a Judge or Magistrate or a person who has acted as a

Judge or Magistrate who shall also be the President of

the Board;

(b) one member appointed after consultation with the

National Commission Persons with Disability after

this has consulted organizations working in the field of

persons with disability;

(c) one member appointed after consultation with the

relevant authority responsible for safeguarding the

rights of persons with mental disorder after this has

consulted organizations working in the field of persons

with mental disorder

Provided that persons who satisfy the requirements of

paragraphs (a), (b) or (c) above may be appointed as substitute

members to act on the Board in cases where any of the persons

appointed under the respective paragraph cannot hear a specific

application.

(3) The President and the other members of the Board shall

hold office for a period of three years and shall be eligible for re-

appointment for further terms of office

Provided that if a member of the Board is appointed at any

time after the other members, the term of office of such member

shall end on the same date as that of the other members.

(4) A person shall not be qualified to hold office as member of

the Board if that person:-

(a) is a Minister, a Parliamentary Secretary or a member

of the House of Representatives or a Mayor or a

Councillor in a Local Council; or

(b) is legally incapacitated or interdicted; or

(c) is subject to guardianship; or

(d) has been declared bankrupt; or

(e) has been convicted of a crime affecting public trust or

of theft or fraud, or of knowingly receiving property

obtained by theft or fraud, or of a crime affecting the

good order of families.

(5)

The office of a member of the Board shall become vacant:-

(a) at the expiration of the term of office; or

(b) if any circumstances arise that, if that person were not

a member of the Board, would cause that person not to

qualify for appointment; or

(c) on the resignation of that member.

(6) The appointment of any person as a member of the Board

and the termination of office or resignation of any such person shall

be notified in the Gazette

Provided that the failure to publish any such appointment,

termination or resignation as the case may be, shall not prejudice

the validity of such appointment, termination or resignation.

(7) The Board shall perform such functions as are assigned to it

in this Title and in Sub-title IA of Title VI of Book First of the Civil

Code and in any regulations as the Minister responsible for Social

Policy, in conjunction with the Minister responsible for Justice and

the Minister responsible for Health may from time to time make.

(8) Where in the course of the exercise of its functions the

Board becomes aware of any fact which raises a reasonable

suspicion of a breach of professional conduct it shall refer such fact

to the appropriate authorities.

(9) Where in the course of the exercise of its functions the

Board becomes aware of any fact which raises a reasonable

suspicion of the commission of a criminal offence it shall report

such fact to the appropriate authorities.

(10) In the exercise of its functions the Board shall not be

subject to the direction or control of any other person or authority.

(11) The Minister shall appoint a public officer to act as

Registrar to the Board.

(12) Unless the Board otherwise determines the Board shall

proceed with closed doors.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519B Procedures. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Board, in the exercise of its functions, shall act

within a reasonable time and shall observe the rules of natural

justice. Every case shall be heard not later than thirty days

commencing on the day it is filed before the Board.

(2) Without prejudice to what is stated in sub-article (1), the

Board shall regulate its own procedure

Provided that all members of the Board shall be present at

the Board’s sittings.

(3) Evidence before the Board may be given orally or in

writing or partly orally and partly in writing or by any other

suitable means of communication.

(4) The President of the Board may administer an oath, or take

an affirmation.

(5) The Board may of its own motion, or on the application of

any party to the proceedings before it, direct the Registrar of the

Board to serve through an executive officer of the Courts or of the

Board upon any person a summons to appear before it to give

evidence and or to produce the documents specified in the

summons.

(6) It shall also be lawful for the Board, by means of a warrant

of escort, to compel such witnesses to attend for the purpose of

giving evidence. The Board may request that its officers be assisted

by the executive officers of the Courts or by Police in the execution

of a warrant of escort.

(7) If any person duly summoned fails to appear when called,

such person shall be guilty of an offence and shall upon conviction

by the competent court of criminal jurisdiction be liable to a

punishment of a fine (multa) of two hundred and fifty euro (€250)

or to imprisonment for a period of three months or to both such fine

and imprisonment.

(8) The provisions of this Code relating to contempt of court

shall, mutatis mutandis, apply to the Board.

(9) Where the Board is of the opinion in a particular case that

there are circumstances which justify it in doing so, the Board may

make such orders as to the payment of costs in respect of

proceedings before it as the Board sees fit.

(10) When in any proceedings the Board makes an order or a

decision such order or decision shall include reasons and shall be

served on any person as may be specified by the Board.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519C Appointment of experts and request for information. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Board may appoint any person with appropriate

expertise to assist it in the course of any proceedings before it.

(2) The Board may, in the course of any proceedings, require

any government department, agency or entity, local council,

guardian, other entity or other person, to report to the Board on any

matter relating to the said proceedings and it may also order that

such report be submitted to the Board within a period of time as

may be specified.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519D Application for the appointment of a guardian. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A demand for the appointment of a guardian shall be

made by application to the Guardianship Board in accordance with

article 188A of the Civil Code.

(2) The application shall contain a statement of the facts on

which the demand is founded and an indication of the witnesses, if

any to such facts.

(3) Any documents in support of the demand shall be filed

together with the application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519E Examination of persons in respect of whom guardianship is demanded and appointment of temporary guardian. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Guardianship Board shall cause the person in

respect of whom guardianship is demanded to appear before it, to

question such person and, or to cause him to be examined by one or

more independent experts; and the Board may, in all cases, subject

to such conditions as it considers appropriate, appoint a temporary

guardian to act as a guardian to such person whilst proceedings

before it are pending

Provided that the appointment of a temporary guardian

shall not in any case exceed the duration of twenty-six weeks

during which period the Board shall determine whether a

Guardianship Order should be made.

(2) For the purpose of conducting the examination referred to

in sub-article (1), the Board shall, where exceptional circumstances

so require, hold sittings or inspections in faciem loci at such places

as it may determine.

(3) Where the Board considers that the interests of justice so

require, it shall appoint an advocate for legal aid to assist the

person in respect of whom an application for guardianship has been

made.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519F Appointment of guardian. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the Guardianship Board finds that there is just

cause for the appointment of a guardian it shall proceed to make

such appointment and the person so appointed as guardian shall

exercise all the functions, obligations and duties provided in

respect of guardians under Sub-title IA of Title VI of Book First of

the Civil Code and under this Title.

(2) In determining whether or not a person is in need of a

guardian, the Board must consider whether the needs of the person

in respect of whom the application is made could be met by other

means less restrictive of the person’s freedom of will and action.

(3) Where the Board makes an order appointing a guardian in

respect of a person, the order must be as least restrictive of that

per s o n’s fr e e do m o f d e c i s io n an d a c t io n a s p os s i bl e in th e

circumstances.

(4) Where the Board makes an order appointing a guardian it

shall also order that a hearing for the review of the order shall be

held within a specified period, not being longer than two years, as

may be stipulated in the order

Provided that the Board may at any time of its own motion

or on the application of any person mentioned in article 188A(3) of

the Civil Code hold a hearing to review the Guardianship Order.

(5) The Board shall through its Registrar notify the Registrar of

the Court of Voluntary Jurisdiction of all Guardianship Orders

approved or revoked.

(6) The Registrar of the Board shall keep an updated register of

all Guardianship Orders approved or revoked and of the terms

thereof.

(7) No information taken from the register mentioned in sub-

article (6) may be given by the Registrar, unless the Board would

not have ascertained itself of the legitimate interest of the person

requesting the said information.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519G Persons eligible as guardians. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Board may appoint as a guardian any person who

has attained the age of 18 years, is ordinarily resident in Malta and

consents to act as such if the Board is satisfied that such person

(a) is in a position to be able to perform all the functions,

obligations and duties provided in respect of guardians

under Sub-title IA of Title VI of Book First of the

Civil Code and under this Title; and

(b) will act in the best interests of the person subject to

guardianship; and

(c) is not in a position where his interests conflict or may

conflict with the interests of the person subject to

guardianship, in that, such interest shall be

communicated to the Board as soon as it is known or is

suspected that it exists; and

(d) is not a Minister, a Parliamentary Secretary or a

member of the House of Representatives or Mayor or

Councillor in a Local Council; and

(e) is not legally incapacitated or interdicted; and

(f)

is not subject to guardianship; and

(g) has not been declared bankrupt; and

(h) has not been convicted of a crime affecting public trust

or of theft or fraud or misappropriation, or of

knowingly receiving property obtained by theft or

fraud, or of a crime affecting the good order of

families

Provided that the Board may appoint joint guardians of the

person subject to guardianship each of whom shall perform such

functions, obligations and duties as the Board may determine.

(2) In determining whether a person is suitable to act as the

guardian of a person subject to guardianship, the Board shall take

into account the wishes of the person in relation to whom an

application for guardianship has been filed, the desirability of

preserving existing family and social relationships and the

compatibility of the person proposed as guardian with the person

subject to guardianship.

(3) A guardian is not entitled to receive any fee, remuneration or

other reward for acting as such unless the Board otherwise specifies

in the order appointing the guardian.

(4) Where it appears to the Board that a proposed guardian, even

if temporary, or a person appointed to act as a guardian does not

fulfil the requirements of sub-article (1) for appointment as

guardian, it may appoint any other person suitable to act as guardian .

(5) The Board may also order the substitution of a guardian at

any time during the term of a Guardianship Order for good and

sufficient cause.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519GA Appointment of guardians. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Minister responsible for Persons with Disability

shall nominate a pool of guardians as he may deem fit, consisting

of advocates, legal procurators, social workers and other experts, to

perform the duties of guardians.

(2) A list of the members of the pool appointed as aforesaid

shall be published in the Gazette.

(3) The persons appointed under the provisions of this article

shall perform their duties in rotation unless the Guardianship Board

deems fit to appoint a particular guardian to suit the needs of a

particular guardianship application.

(4) The rotation shall be according to the order in which the

names of the persons appointed are placed on the rota unless there

is some reasonable objection against the person whose turn it is on

the rota, in which case the person immediately next on the rota

shall be selected and the person objected to as aforesaid shall be

entitled to the next turn in regard to which there shall be no

objection.

(5) The provisions of articles 519F, 519G, 519H, 519I and 519J

relating to functions, duties and responsibilities of guardians shall

mutatis mutandis apply to the pool of guardians.

(6) In case of misconduct, negligence or any reasonable

objection to any guardian selected from the rota to perform the

duties of guardian, the Board shall have the power to remove him

from the case and to appoint another guardian from the rota in his

stead.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519H When Guardian- ship Order includes administration of property. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A guardian who is authorised in a Guardianship Order

to administer monies or other property of a person subject to

guardianship shall within two months of his appointment submit to

the Board a list of assets and liabilities, that result, of the person

subject to guardianship as at the date of issue of the Guardianship

Order.

(2) A guardian who receives monies or other property due to

the person subject to guardianship shall keep a separate account

and record of such monies or other property.

(3) A guardian shall notify and seek the prior approval of the

Board in respect of any transfer of or imposition of a burden upon

property belonging to a person subject to guardianship

Provided that any transfer of or imposition of a burden on

any property belonging to the person subject to guardianship made

in contravention of the provisions of this sub-article shall be null

and void

Provided further that nothing in this sub-article shall be

construed as limiting the powers of the guardian to provide for the

ordinary personal needs of the person subject to guardianship.

(4) A guardian shall also submit to the Board, an income and

expenditure account confirmed on oath in respect of the

guardianship

(a) every year; and

(b) upon revocation

or

other

termination

of

the

guardianship; or

(c) upon the termination of a temporary Guardianship

Order.

(5) Within thirteen weeks from the death of the person subject

to guardianship, the guardian shall provide the Board with a

detailed report of his administration of the assets of the person

subject to guardianship including, income, expenditure and

administration of property and, where relevant, funeral and burial

expenses.

(6) Any person interested as a creditor, beneficiary, family

member, or otherwise in any monies or other property administered

by a guardian may apply to the Board to intervene and give its

advice or any order appropriate in the circumstances regarding any

matter arising out of the administration of the said monies or

property by the guardian and the Board, after having heard the

guardian, may make such order in relation to such application as

the circumstances of the case may require.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519I Guardian may seek advice. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A guardian may request the advice of the Board

regarding any matter relating to the Guardianship Order or the

exercise of any of the functions, obligations and duties of the

guardian under the Guardianship Order.

(2) The Board shall order that notice of a request under sub-

article (1) be served on any person that it directs.

(3)

The Board may -

(a) approve or disapprove of any act proposed to be done

by the guardian;

(b) give such advice as it considers appropriate;

(c) make any order or decision as it considers necessary or

amend or revoke the Guardianship Order.

(4) No legal proceedings shall be instituted against a guardian

on account of an act or thing done or omitted by the guardian under

any order or decision or on the advice of the Board made or given

under this article unless in representing the facts to the Board the

guardian shall have acted fraudulently, or shall have wilfully

concealed or misrepresented facts.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519J Revocation of Guardianship. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any person mentioned in article 188A(3) of the Civil

C o d e m a y, b y a p p l i c a t i o n , r e q u e s t t h e B o a r d t o r e v o k e a

Guardianship Order and the Board, after due consideration, may

r e v o k e g u a r d i a n sh i p i n r e s p e c t o f a n y p e r s o n i f t h e B o a r d

determines that

(a) the cause which gave rise to the guardianship has

ceased to exist; or

(b) there is good and sufficient cause to revoke such

guardianship.

(2) When a person subject to guardianship dies the guardian

shall report the death to the Board within a period that shall not

exceed a maximum of one week from the demise of the person who

was under his guardianship.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519K Special powers of the Board. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the Board receives information that a person with

disability or other condition is suffering serious damage to his

physical, emotional or mental health or well-being as a

consequence of ill-treatment, abuse or neglect, the Board may

appoint a person or more than one person to visit the person with

disability or mental disorder for the purpose of investigating the

case and preparing a report to the Board on the situation of the said

person with disability or mental disorder. Such a report is to be

made to the Board within four days or any other time limit as may

be stipulated in the order

Provided that the Board, if and when it deems it

appropriate, may demand that such information be confirmed on

oath.

(2) Where any person appointed by the Board in terms of sub-

article (1) to investigate the case informs the Board that he was

unable to carry out this function due to obstruction by any person,

the Board may request the assistance of the police and such police

assistance shall be provided for the purpose of the execution of the

said function.

(3) On receipt of the report, the Board may, after granting any

person concerned a right to be heard, request any appropriate

authority to take such measures as the said authority may deem

necessary for the purpose of addressing any ill-treatment, abuse or

neglect or the consequences thereof.

(4) For the purpose of providing such assistance as may be

required in terms of sub-article (2) the police shall have the power

to enter any premises and to use such force as is reasonably

necessary to enable the person or persons appointed by the Board to

visit the person with disability or mental disorder in accordance

with the provisions of sub-article (1).

(5) No matter or thing done by any member of the Board, the

Registrar or any other person acting under the direction of the

Board in good faith in the exercise or purported exercise of any

power or duty conferred or imposed upon the Board or upon any

member of the Board, the Registrar or any said other person by or

under this Title or under in Sub-title IA of Title VI of Book First of

the Civil Code, shall make any member of the Board, the Registrar,

or any said other person personally subject to any action, liability,

claim or demand.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519L Appeal from decisions of the Board. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any person who feels aggrieved by a decision of the

Board may by application appeal therefrom to the Court of

Voluntary Jurisdiction.

(2) An appeal under sub-article (1) shall be filed not later than

twenty days from the date of the decision of the Board.

(3) An appeal filed under this article shall not stay the

execution of the decision taken by the Board unless the Court of

Voluntary Jurisdiction, upon an application of the appellant,

decides otherwise.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519M Persons subject to interdiction or incapacitation. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any person mentioned in article 189(3) of the Civil

Code or in article 521 of this Code may request the Court of

Vo l u n t a r y J u r i s d i c t i o n t o c o n v e r t a n i n t e r d i c t i o n o r a n

incapacitation into a Guardianship Order and the said Court may

consult the Guardianship Board.

(2) Where the Court considers that there are sufficient grounds

for the conversion referred to in sub-article (1) to be made, it shall

issue a Guardianship Order and notify the Guardianship Board of

this fact.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 519N Power to make regulations. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Minister responsible for Justice, in conjunction with

the Minister responsible for Social Policy and the Minister

responsible for Health may make regulations for the better

implementation of the provisions of this Sub-title and without

prejudice to the generality of the foregoing such regulations may

(a) prescribe matters in relation to the practice and

procedures of the Board;

(b) establish the procedure for entry and removal of

registrations of Guardianship Orders and access,

including electronic access, to such registrations and

prescribe the format of the register to be kept by the

Registrar under this Title;

(c) prescribe forms to be used for the purposes of this

Title;

(d) establish offences against regulations made under this

Title and establish a range of fines which shall not

exceed a maximum of a fine (multa) of three thousand

euro (€3000) for any contravention of any provision of

regulations made under this Title, or for non-

compliance with any provision thereof or with any

requirement imposed under such provision;

(e) prescribe the fees to be paid in respect of the

administration of monies or other property which are

the subject of Guardianship Orders;

(f)

prescribe the fees due to the registry, as well as other

fees including fees to be paid to the experts nominated

by the Board under this Title.

Title IV

O F I NTERDICTION AND I NCAPACITATION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 520 Application for interdiction or incapacitation. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A demand for the interdiction or incapacitation of

persons who have a mental disorder or other condition, which renders

them incapable of managing their own affairs, or who are insane or

prodigal, is made by an application to the Court of voluntary

jurisdiction.

(2) The application shall contain a statement of the facts on

which the demand is founded and an indication of the witnesses, if

any, to such facts.

(3) Any documents in support of the demand, shall be filed

together with the application.

(4) For the purposes of this Title, and for the purposes of the

provisions of articles 187, 747, 781 and 929

(a) ''other condition'', where used in the context of a

condition that renders a person incapable of managing

his own affairs, means a long-term physical, mental,

intellectual or sensory impairment which in interaction

with various barriers may hinder one’s full and

effective participation in society on an equal basis with

others; and

(b) ''mental disorder'' shall have the meaning assigned to it

in the Mental Health Act

Provided that any reference in such definitions to

''disability of mind'' or ''arrested or incomplete development of

mind'' shall not be construed to mean a mental disorder for the

purposes of this Title and of such provisions.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 521 Persons who may demand interdiction or incapacitation. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Interdiction or incapacitation may be demanded -

(a) by any one of the spouses against the other spouse;

(b) by any person against another related to him by

consanguinity;

(c) by any person who is related by affinity to the person

whose interdiction or incapacitation is demanded and

who may be called upon to supply maintenance to such

person;

(d) in case of a mental disorder or other condition, which

renders a person incapable of managing his own

affairs, by the State Advocate; unless the demand shall

have been made by any other person.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 522 Examination of person whose interdiction is demanded. Appointment of temporary curator. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court to cause the person whose

interdiction or incapacitation is demanded to appear before it, to

question such person and cause him to be examined by one or more

experts; and the court may, in all cases, appoint a temporary curator

to take charge of his person and property.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 523 Appointment of curator. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the court finds that there is just cause for the

interdiction, it shall appoint a curator to administer the property of

the person interdicted.

A curator shall be appointed for a period not exceeding

three years. Such appointment can be renewed, where the court

considers it so appropriate, after evaluating the reports submitted

by the curator in accordance with sub-article (4).

(2) The provisions relating to the tutorship of minors shall, in

so far as applicable, apply to the curatorship of persons interdicted.

(3) The court may also, on the demand of the curator, either at

t h e t i m e o f h i s a p p o i n t m e n t , o r s u b se q u e n t l y, a l l o w h i m a

remuneration, regard being had to the nature of the services and to

the property of the person interdicted.

(4)

(a) During the term of his appointment, the curator shall

submit a yearly sworn report to the court declaring the

circumstances relating to his curatorship and the

general state of the person interdicted or incapacitated,

and shall also comply with the other duties of curators

as may be provided in accordance with the

requirements of any other law.

(b) The court, after taking cognizance of the report, shall

hear the curator and any other person it may deem fit

to ensure the well-being of the person interdicted or

incapacitated and the fulfilment of the rights and

duties of the curator.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 524 Incapacitation. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If no sufficient cause for the interdiction is made to

appear, it shall be lawful for the court by a decree to order, if the

circumstances of the case so require, that the person whose

interdiction is demanded be incapacitated from suing or being sued,

from effecting any compromise, borrowing any money, receiving

any capital, giving a discharge, transferring or hypothecating his

p r o p e r t y, o r p e r f o r m i n g a n y a c t o t h e r t h a n a n a c t o f m e r e

administration, without the aid of a curator to be appointed in the

same decree.

(2) It shall also be lawful for the court, if it deems it necessary,

to incapacitate any person from performing all or any of the acts of

mere administration, entrusting the performance thereof to a

curator in such manner as the court may deem fit to direct.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 525 Interdiction or incapacitation to date from decree. Nullity of acts performed after decree. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Interdiction or incapacitation shall take effect from

the day of the relative decree; and any act performed by the person

interdicted or incapacitated, subsequently to such decree, or even

subsequently to the appointment of the temporary curator, shall be

null.

(2) Any act performed previously to the interdiction or

incapacitation may be annulled, if the cause of interdiction or

incapacitation existed at the time of the performance of the act.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 526 Revocation of interdiction or incapacitation. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Interdiction or incapacitation shall be revoked, when the

cause of the interdiction or incapacitation shall cease to exist.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 527 Notice containing terms of inhibition to be published in Gazette. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court shall, in the decree of interdiction or

incapacitation, direct that a notice thereof, specifying the terms of

the inhibition, be published in the Gazette

Provided that the court shall order that the decree be

transmitted to the Archivist of Notarial Acts who shall enter a note

of such interdiction or incapacitation in a book to be kept for the

purpose.

(2) The registrar shall keep an official online Register of

Interdicted and Incapacitated Persons. Such register shall be

continuously kept updated by the registrar. The register shall be

held in electronic version and shall be accessible to the Commissioner

for the Promotion of Rights of Persons with Mental Disorders and to

advocates, notaries and legal procurators and to such other persons

who the Minister may by regulations designate.

(3) The register shall be divided into three parts. The first part shall

contain a list of interdicted persons, the second part shall contain a list of

incapacitated persons and the third part shall contain a list of persons in

respect of whom a certificate of lack of mental capacity has been issued

in accordance with the Mental Health Act. Each part of the register

shall be held in alphabetical order.

(4) The registrar shall enter in the register the name, the

surname, the parents’ name, and surname at birth and after

marriage of the parents, the place of birth, place of residence and a

reference to a legally valid identification document number of the

person interdicted or incapacitated and the date and summary of the

decree of interdiction or incapacitation

Provided that from the register there shall be excluded

cases

(a) where more than eighty years have elapsed since the

date of the decree;

(b) where the person would have reached the age of one

hundred and ten years;

(c) where the decree has been revoked in terms of article

526; and

(d) where the person interdicted or incapacitated has died.

(5) The register shall be accessible to the public under the

supervision of an officer from the court from the premises of the Court

of voluntary jurisdiction.

(6) Until an electronic register in accordance with this article is

established, such register may be kept in hard copy by the Registrar

of the Court of voluntary jurisdiction who shall allow access to the

said register during the times when the registry is open.

Title V

O F THE P RESENTATION AND P UBLICATION OF S ECRET W ILLS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 528 Presentation of secret wills. Receipt. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The registrar shall, in the presence of the judge, receive

any secret will presented to him by any testator or notary, and shall

give a receipt therefor to such testator or notary.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 529 Particulars to be noted down by registrar on presentation of will. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The registrar shall, either on the paper on which the will is

written, or on the paper used as an envelope for same, note down

the following particulars

(a) the date of the presentation of the will;

(b) the personal details of the testator, as listed in article

2042 (a) and (b) of the Civil Code;

(c) by whom the will is presented, that is to say, whether

by the testator himself, or by a notary, and, in the latter

case, the name and surname of the notary;

(d) if the will is presented by the testator himself, his

declaration that the paper so presented contains his

will;

(e) the circumstance of the presence of the judge at the

presentation of the will.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 530 Note of particulars to be signed by registrar, etc. and registered in a book. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The note of such particulars shall be signed by the

registrar, and countersigned by the testator or notary who shall

have presented the will, and by the judge; and the registrar shall,

within twenty-four hours, register such particulars in a book to be

kept by him for the purpose.

(2) If the testator declares that he is unable to write, a mention

of such declaration shall take the place of his signature.

(3) A copy of the said book shall be kept by the judge who

shall, at least once every quarter, compare the registered particulars

with the wills which, according to such book, must be in the

custody of the registrar.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 531 Wills to be endorsed with act of delivery. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The judge shall not allow the registrar to receive from

any notary any secret will, unless it is endorsed with the act of the

delivery made by the testator to the notary.

(2) Nor shall the judge allow the receipt of any will endorsed as

aforesaid, unless such endorsement contains the declaration

required by law to the effect that the paper delivered to the notary

contains the will of the person from whom the notary has received

such paper.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 532 Withdrawal of will. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A secret will may not be withdrawn before the time

comes for its opening, except by the testator himself or by an

attorney specially authorized for the purpose.

(2) The testator or attorney withdrawing the will shall sign in

the presence of the judge, in the margin or at the foot of the entry in

the book referred to in article 530(1) recording the receipt of such

will, a declaration that he has withdrawn the will; and such

declaration shall also be countersigned by the judge.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 533 Appointment of time for opening and publication of will. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where a will is to be opened, the court shall by a

decree, upon the application of any party interested, appoint the

day, time and place for the opening and publication of the will, and

order that all interested parties be summoned: those known, by

application, and those unknown, by means of banns to be posted up

at the entrance of the building in which the court sits and published

in the Government Gazette and in a daily newspaper.

(2) The opening and publication of the will shall not take place

before the expiration of four days from the date of service of the

said application, or of four days from the date of the posting up of

the banns and their publication whichever is the later.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 534 Opening of will. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The will shall be opened by the registrar in the

presence of the judge, at the time and place appointed by the decree

of the court, after the signatures affixed by the judge and the

registrar at the foot of the note of the particulars mentioned in

article 530, shall have been verified.

(2) After the will is opened, it shall be published in the

presence of the judge and the registrar, by the notary who had

presented it or, if such notary is dead or absent, or is prevented

from attending on account of sickness or for any other reason, or if

the will had been presented by the testator himself, by a notary to

be selected by the party who made the application for the opening

of the will.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 535 Delivery of will to notary. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) When the will is published as provided in the last

preceding article, it shall be delivered to the notary by whom the

publication of the will shall have been made.

(2) The notary shall, in the presence of the judge, sign a receipt

in the book referred to in article 530; and such receipt shall be

countersigned by the judge.

(3) Any will delivered in terms of sub-article (1) shall not be

deemed to be cancelled from the book referred to in article 530; for

the purpose of any document certifying the existence or non-

existence of secret wills, and there shall be indicated in any such

document, in respect of any such will, the name of the notary who

published it and the date of its publication.

535A.(1) Where any secret wills have been received by the

Registrar in accordance with the provisions of this Title which have

not been withdrawn by the testators, or opened and published, and

one hundred and fifty years have elapsed since the date of the

presentation of the wills, the registrar shall prepare and publish a

list of the said wills in the Gazette.

(2) After the publication of the list mentioned in sub-article (1)

in the Gazette, the court shall establish a day and time in which the

wills mentioned in the list shall be opened in public without the

necessity of their being read. The court shall then order that the

said wills be transmitted to the archivist of Notarial Acts who shall

register these wills in a book to be kept by him and the other

provisions of this Title regarding the opening and publication of

secret wills shall not apply. The court shall draw up a procès-verbal

of the opening of the said wills, which shall only state the date and

place of their opening, and whether the document so published

contains a will or not. A copy of such procès-verbal, together with

those wills shall be transmitted to the archivist of Notarial Acts,

and from that date such wills shall be open to inspection and to the

issue of copies thereof.

Title VI

O F THE D ECLARATION OF THE O PENING OF A S UCCESSION

Liġijiet ta' Malta — Kapitolu 12 — KODIĊI TA’ ORGANIZZAZZJONI U PROĊEDURA ĊIVILI

Art. 535A Ftuħ ta’ testmenti li jkunu saru aktar minn mija u ħamsin sena qabel. Miżjud: XI.1999.3. — KODIĊI TA’ ORGANIZZAZZJONI U PROĊEDURA ĊIVILI Open official source

(1) Meta r-reġistratur ikun irċieva testmenti sigrieti skont

id-dispożizzjonijiet ta’ dan it-Titolu iżda dawn ma jkunux ittieħdu

lura mit-testaturi, jew ma jkunux infetħu u ġew pubblikati, u jkunu

għaddew mija u ħamsin sena mid-data tal-preżentata tat-testmenti,

ir-reġistratur għandu jħejji u jippubblika elenku ta’ dawk it-

testmenti fil-Gazzetta.

(2) Wara l-pubblikazzjoni tal-elenku msemmi fis-subartikolu

(1) fil-Gazzetta, il-qorti għandha tappunta jum u ħin meta t-

testmenti msemmija fl-elenku għandhom jinfetħu fil-pubbliku

mingħajr il-bżonn li jinqraw. Il-qorti għandha mbagħad tordna li

dawk it-testmenti għandhom jintbagħtu għand l-arkivist tal-Atti

Nutarili li għandu jirreġistra dawn it-testmenti fi ktieb li għandu

jinżamm minnu u d-dispożizzjonijiet l-oħra ta’ dan it-Titolu dwar

il-ftuh u l-pubblikazzjoni ta’ testmenti sigrieti m’għandhomx

japplikaw. Il-Qorti għandha tagħmel proċess verbal dwar il-ftuħ ta’

dawk it-testmenti, liema proċess verbal għandu jikkonstata biss id-

dat a u lo k tal -ftu h tag ħh om , u jek k id -d ok um ent p ub bli kat

jikkontjenix testment jew le. Kopja tal-proċess verbal flimkien ma’

dawk it-testmenti għandhom jintbagħtu lill-arkivist tal-Atti Nutarili

u minn dakinhar jkunu miftuħa u jiġu spezzjonati u jistgħu jinħarġu

kopji tagħhom.

Titolu VI

FUQ ID-DIKJARAZZJONI TAL-FTUĦ TA’ SUĊĊESSJONI

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 536 Declaration of the opening of succession. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the absence of opposition, the declaration of the opening

of a succession may be made by the Court of voluntary jurisdiction,

upon an application, in favour of any person in whose name a claim

thereto is made.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 537 Issue and posting up of banns. Time for opposition. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Upon the filing of the application, the court shall

issue banns which shall be published in the Gazette and in at least

one daily newspaper and be posted up at the entrance of the

building in which the court sits, calling upon all parties interested

to enter their opposition by a note, within a time of not less than

eight days nor exceeding one month, to be fixed by the judge.

(2) Such time shall commence to run from the day on which the

banns are posted up, or last published in either the Gazette or the

periodical newspaper, whichever is the latest.

(3) The registrar shall cause a notice signed by him, containing

a summary of the contents of the banns, to be published in the

Government Gazette, and affixed in the place in which Government

Notices or other official acts are ordinarily affixed in the city,

suburb or district in which the deceased resided at the time of his

death.

(4) If at the time of his death the deceased did not reside in

Malta, the said notice shall be affixed in the place in which

Government Notices or other official acts are ordinarily affixed in

the city, suburb or district, in Malta, wherein it is proved to the

satisfaction of the court that he has resided within the last ten years

preceding his death; and, failing such proof, the said notice shall be

affixed in the place where Government Notices and other official

acts are ordinarily affixed in Valletta.

(5) Nevertheless it shall in all cases be lawful for the court to

order that the said notice be also affixed in any other place.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 538 Decree of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

At the expiration of the said time, the court, in the absence

of opposition, shall examine the claim of the applicant; and if the

claim appears to be justified, the court shall allow the demand and

shall declare the succession opened in his favour and may, at the

request of the applicant, also establish in its decree, the identity of

any other person called to the inheritance and his relative share

therein.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 539 Conservatory measures. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Pending the application and until the expiration of the said

time, it shall be lawful for the court to make any special order with

a view to preserving such hereditary rights or property as might

suffer prejudice or deterioration.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 540 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The declaration of the opening of a succession in favour of

a n y p e r s o n i n v i r t u e o f a d e cr e e o f t h e C o u r t o f v o l u n t a r y

jurisdiction, shall not operate so as to bar any other person entitled

thereto from claiming the inheritance or any portion thereof before

the competent court of contentious jurisdiction.

Title VII

O F THE I NVENTORY

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 541 Acceptance of inheritance with benefit of inventory to be made by a note. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The declaration by any person that he accepts an

inheritance, whether testamentary or ab intestato, with the benefit

of inventory, or that he will not accept the inheritance before the

making up of an inventory, shall be made by a note to be filed in the

Court of voluntary jurisdiction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 542 Oath by person filing the note. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Upon the filing of such note, the person desiring to

make up the inventory shall swear, before the registrar, that he will

faithfully describe the estate.

(2) The registrar shall at the foot of the note make a mention of

the oath so taken.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 543 Contents of inventory. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The inventory shall contain a description of all the

estate, specifying in detail all wearing apparel and household

goods, gold and silver articles, jewellery, money and other movable

property, the debts due to the deceased, all rights of action and all

immovable property as well as all debts or other liabilities of the

estate.

(2) The inventory shall also state the value of the movable

property, according to a valuation made by experts, unless the

court, if it be satisfied that the absence of such valuation will not be

prejudicial to the parties interested, shall, in lieu of such valuation,

allow a mere statement of the value to be made by the person

making the inventory.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 544 Appointment of time for publication of inventory. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Upon the application of the person making the inventory,

the court shall, by a decree, fix the place, day and time for the

publication of the inventory by a notary to be nominated by the

applicant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 545 Summoning of interested parties, — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court shall, in the said decree, direct that all parties

interested be summoned to be present, if they so desire, at the

publication of the inventory.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 546 by application, by banns. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The parties interested shall be summoned: those

known, by application, and those unknown or uncertain, by means

of banns to be posted up at the entrance of the building in which the

court sits. The registrar shall also publish a notice in the Gazette

and in a daily newspaper inviting all those parties interested to be

present at the publication of the inventory.

(2) The application as well as the banns shall state the time and

place of the publication of the inventory, and the name of the notary

by whom the publication is to be made.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 547 Publication of inventory. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The publication of inventory shall take place on the

date and at the place and time established by the court.

(2) The inventory, after its publication, may be impugned by

any person interested, even though such person may have been

present at such publication.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 548 Forfeiture of benefit. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The default of compliance with the provisions of the

preceding articles of this Title, with intent to cause prejudice to any

party interested, shall deprive the heir of the benefit of inventory.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 549 Applicability of ss. 542 to 547 to all inventories under the authority of the Court of voluntary jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of articles 542 to 547 inclusive shall apply

to every inventory which, according to law, is to be made under the

authority of the Court of voluntary jurisdiction.

Title VIII

O F THE E XECUTION OF A CTS IN PURSUANCE OF D ECREES OF

THE C OURT OF VOLUNTARY JURISDICTION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 550 Emancipation. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Emancipation is effected by virtue of the decree by

which it is granted.

(2) Nevertheless, if the court in the decree orders that such

emancipation be effected by means of a notarial deed, the decree

shall not become operative until such deed is executed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 551 Agreements requiring authorization of court to be effected by notarial deed. Exception. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any agreement the validity of which is dependent upon

the authorization or leave granted by the court, shall in all cases,

under pain of nullity, be effected by means of a notarial deed

Provided that this article shall not apply to any obligation

entered in the acts of this court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 552 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The decree of the court shall not make valid any obligation

assumed by any minor in any contract in which other parties have

expressly bound themselves to indemnify such minor, unless such

contract be registered in the Public Registry within one month from

the date of the decree or from the day stated in the decree.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 553 Period of validity of decrees of authorization. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any decree granting authorization or leave to enter into

any agreement or to make any waiver shall cease to be operative, if

the deed relating to the said agreement or waiver is not executed

within six months from the date of the decree or from the day stated

in the decree.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 554 Duty of registrar to cause registration of hypothecs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The registrar shall cause every obligation with

hypothecation of property entered in the acts of the court to be

registered in the Public Registry, within four days from the date of

such obligation, unless within such time the registration shall have

been made by any other person.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 555 Duties of notaries. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of article 283 shall apply in the case of

notarial deeds executed in pursuance of decrees of this court.

Title IX

O F THE T AXATION OF C ERTAIN F EES

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 556 Taxing of extra- judicial fees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Upon the demand of any party interested, the registrar

shall tax the fees due to advocates, notaries public or legal

procurators, for extra-judicial services performed by them, saving

the right of appeal by application, within one month, to the court of

contentious jurisdiction praying that the taxation be amended.

(2) The demand for the taxation of fees shall be made by means

of a note showing the services in respect of which the taxation is

demanded.

(3) f the taxation is demanded by the creditor he shall verify on

oath, before the registrar, the contents of the note.

(4) The said time shall commence to run, in regard to the

person demanding the taxation, from the day on which the taxation

is made, and in regard to the debtor, from the day on which the

taxed bill is served on him.

(5) The expiration of the said time shall not operate so as to bar

the debtor from impugning the existence of the claim or from

proving its extinguishment in any manner admissible according to

law.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 557 Taxing of fees in respect of proceedings under authority of superior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of the last preceding article shall not

dispense the registrar from taxing the fees due to advocates,

notaries or legal procurators, where such fees, although not relating

to causes brought before the courts, refer to proceedings under the

authority of the courts.

BOOK THIRD

O F C ERTAIN M ATTERS RELATING TO J UDICIAL P ROCEDURE

Title I

O F E VIDENCE

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 558 Relevance of evidence. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

All evidence must be relevant to the matter in issue

between the parties.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 559 Best evidence to be produced. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In all cases the court shall require the best evidence that

the party may be able to produce.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 560 Rejection of irrelevant evidence. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court shall disallow any evidence which it

considers to be irrelevant or superfluous, or which it does not

consider to be the best which the party can produce.

(2) Where evidence tendered by any party is disallowed, it

shall be lawful for such party to demand that the ruling of the court

in regard to the disallowing of such evidence be made by a decree;

but, where only a question to a witness has been disallowed, the

party may demand only that a record thereof be made in the

proceedings, in the manner which the court shall, according to

circumstances, direct.

(3) Where in any cause or matter it is not possible, in

consequence of damage to or loss of any court or other document,

for any party to such cause or matter to comply with any

requirement of this Code relating to the formal production of

documents or otherwise, the court may either dispense with such

requirement or give such other directions as the circumstances of

the case require

Provided that in proceedings before the courts of civil

jurisdiction, the parties to the cause shall be bound to assist the

regi strar i n com pi li ng a cop y of t he cou rt r ecords or o th er

documents which have been damaged or lost and, within such time

as the court may establish, they shall provide the registrar with

such information and documentation in their possession which will

assi st th e reg ist ra r in co m pi ling the court rec ords or o ther

documents damaged or lost in as full a manner as possible.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 561 Power of court to require object of evidence. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court to require the party

tendering evidence to state the object of the evidence.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 562 Onus of proof on person alleging. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving any other provision of the law, the burden of

proving a fact shall, in all cases, rest on the party alleging it.

Sub-title I

O F W ITNESSES

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 563 Competency of witnesses. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

All persons of sound mind, unless there are objections

against their competency, shall be admissible as witnesses.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 563A Admissibility of ex parte expert opinion and certain expressions of non- expert opinion. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where a person is called as a witness, his opinion on

any relevant matter on which he is qualified to give expert evidence

shall be admissible in evidence only if, in the opinion of the court,

he is suitably qualified in the relevant matter.

(2) Where a person is called as a witness, a statement of

opinion by him on any relevant matter on which he is not qualified

to give expert evidence, if made as a way of conveying relevant

facts personally perceived by him, is admissible as evidence of

what he perceived.

(3) The opinion given by any person according to the

pr o v i s i o ns of t h i s a r t i c l e sh a l l b e w i t ho u t pr e j ud i c e t o t h e

provisions of article 681 and to the court’s power to appoint a

referee according to the provisions of article 646.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 563B Evidence of foreign law. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A person who is suitably qualified on account of his

knowledge or experience, is competent to give expert evidence as

to the law of any other foreign state, irrespective of whether he has

acted or is entitled to act as an advocate, or in any judicial or legal

capacity in that state.

(2) The provisions of article 563A(3) shall mutatis mutandis

apply to the provisions of this article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 564 Age not to constitute ground of inadmissibility. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Whatever may be the age of a witness whom it is intended

to produce, he is admissible as such, provided he understands that it

is wrong to give false testimony.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 565 Admissibility of parties to give evidence. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any of the parties to a suit, whatever his interest

therein, shall be competent to give evidence, either at his own

request, or at the request of any of the other parties to the suit, or if

called by the court ex officio.

(2) The provisions of this Code respecting witnesses shall

apply to such party.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 566 Admissibility of spouses, civil union partners and cohabitants of party to a suit as witness. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The spouse, civil union partner or cohabitant of a party

to a suit shall be competent and compellable to give evidence in

such suit at the request of any of the parties thereto

Provided -

(a) that the spouse, civil union partner or cohabitant may

not be compelled to disclose any communication made

to him by his spouse, civil union partner or cohabitant

during the marriage, civil union, or cohabitation, and

vice versa;

(b) that the spouse, civil union partner or cohabitant may

not be compelled to answer any question tending to

incriminate his spouse, civil union partner or

cohabitant.

(2) The provisions of this Code respecting witnesses shall also

apply in the case of the spouse, civil union partner or cohabitant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 567 Interest in suit not to be a bar to admissibility of witness. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No objection to the competency of any witness shall be

admitted on the ground that he is interested in the issue in regard to

which his evidence is required or in the event of the suit, saving

any objection touching his credibility.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 568 Summoning of witnesses. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Witnesses shall be summoned to appear by means of a

subpoena to be issued on the application of the party interested.

(2) No adjournment of a cause shall be granted for the purpose

of enabling the parties to summon witnesses, or on the ground of

the non-attendance of any witnesses summoned, unless -

(a) the necessity for the production of the witness arises

during the hearing of the cause; or

(b) the application for the summoning of the witness has

been made in time to allow an interval sufficient for

the service of the subpoena on the witness and for the

lapse of the term before the expiration of which the

witness, according to the provisions of article 572, is

not bound to attend; or

(c) by a note, the opposite party gives his consent, in the

manner provided in article 150(1)(c).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 569 Subpoena ad testificandum. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The subpoena shall contain an order to appear at a

stated place and time, for the purpose of giving evidence, whether

before the court, arbitrators, or before referees, or before one or

more officers authorized by law to examine witnesses.

(2) The writ of subpoena shall be in the prescribed form. The

party applying for a subpoena shall fill in the particulars to be

contained in the writ as provided in sub-article (1) and in article

570, and shall file the writ simultaneously with the application for

the issue thereof.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 570 Subpoena duces tecum. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The writ may require the witness to produce any book,

document, or other thing, which belongs to the contending parties

or to any of them, or which is under the charge or custody of such

witness, or which, according to law, he is bound to produce.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 571 Demand for issue of subpoena in inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the Court of Magistrates (Malta), and in the Court of

Magistrates (Gozo) in its inferior jurisdiction, the demand for the

issue of a subpoena may be made orally.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 572 Time for attendance of witness. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A witness is bound to appear in court on the date and time

prescribed in the subpoena provided that he is served with the said

subpoena four days before such date, which period is to run from

the date of service of the subpoena

Provided further that it shall be lawful for the court, in

urgent cases, to order any witness to appear from day to day, or

from hour to hour, or even only within such interval of time as may

be necessary for him to appear in court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 573 Oath as to relevancy of evidence of witness outside the jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No witness residing in Malta is bound to attend to give

evidence in Gozo, or vice versa, unless the advocate of the party

applying for such evidence, or the party himself if he has no

advocate, shall swear that in his opinion the evidence is material,

and unless, simultaneously with the issue of the subpoena, he

deposits with the registrar such allowance as may be due to the

witness according to law.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 573A Another person to give evidence instead of the person sub- poenaed. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any officer or employee of a government department or

any officer or other employee of any body having a distinct legal

personality may be authorised by the person subpoenaed to give

evidence in his stead on any matter about which he is more

knowledgeable and relating to the said department or body and on

which the said person subpoenaed was required to give evidence

Provided that the person subpoenaed shall give such evidence

personally if it is so stated in the subpoena.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 574 Persons present in court may be called to give evidence. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any person being present in the court may, upon the oral

dem and of either of the contending parties, be called upon

forthwith to give evidence, as if he had been summoned to attend

by means of a subpoena.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 575 Penalty for non- attendance of witness duly summoned. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If any witness duly summoned fails to appear when called

on, he shall be guilty of contempt of court and shall forthwith be

punished accordingly; and it shall also be lawful for the court, by

means of a warrant of escort or arrest, to compel such witness to

attend for the purpose of giving evidence.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 576 Power of court to remit punishment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the case referred to in the last preceding article, it shall

be lawful for the court, on good cause being shown to its

satisfaction, to remit the punishment.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 577 Witnesses to be examined viva voce. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Save as otherwise provided in this Code, the

witnesses shall be examined in open court at the trial of the action

and viva voce.

(2) Witnesses may not be assisted or advised by any person.

(3) Witnesses shall be sworn previously to their examination,

and the oath shall, unless the law provides otherwise, be

administered to them by the registrar.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 578 Leading or suggestive questions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Leading or suggestive questions may not, without special

permission of the court, be put on an examination-in-chief.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 579 Cross- examination. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The opposite party has the right to cross-examine a

witness; and in such cross-examination leading or suggestive

questions are allowed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 580 Questions in cross- examination. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In cross-examination, a witness may only be

questioned on the facts deposed in his examination, or on matters

calculated to impeach his credit.

(2) When the party cross-examining desires to prove by the

same witness any circumstance not connected with the facts

deposed in the examination, he must, unless the court, for just

cause, shall direct otherwise, produce such witness in due time and

examine him as his own witness; and in such case, it shall be lawful

for the court, upon the oral demand of such party, to order the

witness not to leave the court in order that he may be again called

and questioned; and such order shall have the effect of the

subpoena mentioned in article 568(1).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 581 Questions arising out of answers given by witness. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

When both the examination and cross-examination are

concluded, no further questions may be put by either of the parties;

but it shall be lawful for the court, or for the party with the

permission of the court, to ask such questions as arise out of the

answers given in the course of the examination or cross-

examination.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 582 Questions by court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court, at any stage of the

examination or cross-examination, to put to the witness such

questions as it may deem necessary or expedient.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 583 Witness may refresh his memory. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A witness may refresh his memory by referring to any

writing made by himself or by another person under his direction at

the time when the fact occurred or immediately thereafter, or at any

other time when the fact was fresh in his memory and he knew that

the same was correctly stated in the writing; but in such case, the

writing must be produced and may be seen by the opposite party.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 584 Party producing witness may not impeach his credit by evidence of bad character. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A party producing a witness shall not be allowed to

impeach the credit of the witness by evidence of bad character, but

he may contradict him by other evidence, and may also show that

he has made at other times statements inconsistent with his present

testimony.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 585 How opposite party may impeach witness. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A witness may be impeached by the party against whom he

is called by contradictory evidence, or by evidence that his general

reputation for truth is bad.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 586 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Before impeaching the credit of a witness by evidence

that he has made at other times statements inconsistent with his

present testimony, the alleged statements together with the

circumstances of time, place and persons present must be related to

him and he must be asked whether he has made such statements and

he must be allowed to explain them.

(2) If the statements be in writing, they must be shown to the

witness before any question concerning such statements is put to

him.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 587 Witness bound to answer questions allowed by court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The witness shall answer any question which the court

may allow to be put to him; and the court can compel him to do so

by committing him to detention until he shall have sworn and

answered.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 588 Privileged communications. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) No advocate or legal procurator without the consent

of the client, and no clergyman without the consent of the person

making the confession, may be questioned on such circumstances

as may have been stated by the client to the advocate or legal

procurator in professional confidence in reference to the cause, or

as may have come to the knowledge of the clergyman under the seal

of confession or loco confessionis.

(2) Unless by order of the court, no accountant, medical

practitioner or social worker, psychologist or marriage counsellor

may be questioned on such circumstances as may have been stated

by the client to the said person in professional confidence or as may

have come to his knowledge in his professional capacity.

(3) This privilege extends to the interpreter who may have been

employed in connection with such confidential communications.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 589 Incriminating questions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A witness cannot be compelled to answer any question the

answer to which may subject him to a criminal prosecution.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 590 Discretionary power of court as to degrading questions, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall be in the discretion of the court to determine,

in each particular case, when a witness is not bound to answer a

particular question on the ground that the answer to such question

might tend to expose his own degradation, or when a witness will

not be compelled to give evidence as to facts the disclosure of

which will be prejudicial to the public interest.

(2) No witness may be compelled to disclose any information

derived from or relating to any document to which article 637(3)

applies.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 591 Person present at trial may not be produced as witness. Discretionary power of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In general, no person who has been present during the trial

of a cause may be produced as a witness in the same cause;

nevertheless it shall be in the discretion of the court, for just cause,

to dispense with this rule in particular cases.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 592 Witnesses to be examined separately. Confronting witnesses. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Each witness shall be examined separately. It shall,

however, be lawful for the court to allow two or more witnesses to

be confronted with each other; and in any such case, each of the

witnesses may be questioned in the presence of the other witnesses.

(2) Referees shall be examined in the presence of each other,

unless the court deems it expedient, in any particular case, to

examine each referee separately.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 593 Deaf and dumb witnesses, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If a witness is deaf and dumb but able to write, the

questions shall be put to him in writing; and in such case the

questions and the answers shall be publicly read out by the

registrar, and afterwards kept in the record of the cause.

(2) If the witness is deaf and dumb and unable to write, it shall

be lawful for the court to appoint as interpreter some person able to

understand him.

(3) If the witness is dumb but not deaf, or vice versa, the court

shall cause his examination to be conducted in such manner as may

appear to it most conducive to ascertain the true testimony of the

witness.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 594 Notes of the evidence. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The substance of the answers given by the witnesses

shall be taken down. Every answer which may have a material

bearing on the merits of the case shall be taken down word for

word

Provided that in the inferior courts, it shall be sufficient that

notes of the evidence of the witnesses be taken down in brief.

(2) The notes of the evidence so taken down shall be read over

to the witness, and, after being signed by the registrar, shall be filed

in original in the record of the cause.

(3) The fact of the reading over of the notes of the evidence to

the witness shall be recorded at the foot thereof before they are

signed as aforesaid.

(4) The notes of the evidence shall be clearly and legibly

typewritten or written in ink. Any alteration, correction or addition

required to be made before or after the reading over of such notes

to the witness, shall be made by means of a postil in the margin or

at the foot of the notes, to be countersigned by the registrar, and

any cancellation shall be made in such manner as to leave the

words cancelled distinctly legible.

(5) The inclusion of the notes of the evidence in the record

shall not operate so as to bar any witness heard before the court

below from being recalled before the appellate court either by the

parties or upon an order of the court ex officio.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 595 Employment of stenographers. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Notwithstanding the provisions of the last preceding

article, the court may, at the request of both parties, or, having

regard to the circumstances of the case, ex officio, order that the

answers given by the witnesses, or the substance thereof, be taken

down in shorthand by means of stenographers appointed for the

purpose or be recorded by electromagnetic means. Shorthand notes

shall be taken down in indelible ink and signed on each page by the

stenographers and shall, together with the transcript, be inserted in

original in the record. The electromagnetic recording shall be

transcribed under the direction of the registrar and the transcript

shall be inserted in the record. In either case, the transcript may be

handwritten or typewritten and shall be read over to the witness,

during or after the sitting, by the registrar who shall make a note of

such reading at the foot of the transcript.

(2) Should the witness desire to correct or add anything in or to

the deposition as transcribed, the registrar shall make a note of such

addition or correction, and in any such case it shall be lawful for

either of the parties to reproduce the witness before the court in

order that he may confirm the addition or correction.

(3) The witness may be called upon to appear before the

registrar by means of a letter signed by him, and the provisions of

this Code enforcing the attendance of witnesses shall apply to any

such witness so called upon.

(4) The party producing the witnesses shall deposit with the

registrar an amount sufficient to secure the stenographers’ or

recording fees.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 596 Employment of interpreter. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the court does not understand the language in which

the evidence is given, it shall appoint a qualified interpreter at the

provisional expense of the party producing the witness.

(2) The official interpreter shall, on entering upon the duties of

his office, swear before the court that he will faithfully report the

words of the witnesses.

(3) The interpreter appointed by the court shall take the said

oath previously to the examination of the witness.

(4) The oath shall be administered to the interpreter by the

registrar.

(5)

Any interpreter may be objected to on good cause shown.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 597 Examination or cross-examination not to be interrupted. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The examination or cross-examination of any witness shall

not be interrupted, without leave of the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 598 Hearsay evidence. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) As a rule, the court shall not consider any testimony

respecting facts the knowledge of which the witness states to have

obtained from the relation or information of third persons who can

be produced to give evidence of such facts.

(2) The court may, either ex officio or upon the objection of

any party, rule out or disallow any question tending to elicit any

such testimony.

(3) Nevertheless the court may require the witness to mention

the person from whom he obtained knowledge of the facts to which

any such question refers.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 599 When hearsay evidence is admissible. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court may, according to circumstances, allow and take

into consideration any testimony on the relation of third persons,

where such relation has of itself a material bearing on the subject-

matter in issue or forms part thereof; or where such third persons

cannot be produced to give evidence and the facts are such as

cannot otherwise be fully proved, especially in cases relating to

births, marriages, de aths, abse nc e, e asements, boundarie s,

possession, usage, public historical facts, reputation or character,

words or deeds of persons who are dead or absent and who had no

interest to say or write a falsehood, and to other facts of general or

public interest or of public notoriety.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 600 Dying declarations, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful to produce any declaration made in

writing in any place before a magistrate or other person, whether in

articulo mortis or at any other time, in the presence or in the

absence of the parties, with or without oath, provided it is shown

that such declaration was made deliberately and in such

circumstances as lead to the belief that there was no intention to

depart from the truth, and that the party who made such declaration

would have been a competent witness if he could be called to give

his evidence at the trial.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 601 Arrest of false witness. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where it appears to the court that a witness has

become guilty of false testimony, it shall order that he be forthwith

arrested, and shall cause a copy of the acts to be transmitted,

without delay, through the registrar, to the Court of Magistrates in

order that proceedings may be taken according to law.

(2) In any such case, it shall be lawful for the court, upon the

oral demand of either of the parties, to stay the proceedings in the

action in which the witness has deposed, until the criminal

proceed ings against the witness shall have terminated, provided this

may be done without prejudice to the other party, and provided the

testimony impeached as false be such as to be likely to bear

substantially on the merits of the cause.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 602 Addition or correction by witness or interpreter. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the witness or interpreter, at any time before the

hearing of the cause is concluded, wishes to make any addition or

correction, the court shall allow such addition or correction and

shall give weight thereto according to circumstances.

(2) Any such addition or correction shall be noted down and

certified in accordance with the provisions of articles 594 and 595.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 603 Identification of persons or objects. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In order to prove the identity of any person or object it

shall not be necessary that the witness should point out such person

from among other persons, or pick out such object from among

other similar objects, unless the court should think it expedient to

adopt such course.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 604 Witness not to leave court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No witness may leave the court until he is dismissed by

the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 605 Communication between witnesses. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court, either of its own motion or

upon the demand of the parties, to prevent any witness who has

been examined from holding any communication whatever with

any other witness who is about to be examined.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 606 Examination of witness about to leave Malta, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where any person whose evidence is required in a

cause which is pending, is about to leave Malta, or is so infirm or

advanced in years that he might die or become unable to give his

evidence before the time when such cause will come up for trial, or

is unable to attend the trial, it shall be lawful for the court, saving

the cases referred to in article 611, to commit the examination of

such person to a judicial assistant; and in any such case, the

questions put to the witness, together with his answers thereto,

shall be taken down in writing, and the deposition shall be signed

or marked by the witness himself.

(2) The demand for the examination of any person as provided

in sub-article (1), if made before the day appointed for the trial or

the continuation of the trial of the cause, shall be by an application

and the applicant shall swear that he has reason to believe that the

witness is about to leave Malta or is unable to appear before the

court, as the case may be; during the hearing such demand may be

made orally.

(3) Where the cause is pending before any of the superior

courts, or before the Court of Magistrates (Malta), and the person

to be examined under the provisions of this article is in the Island

of Gozo or of Comino, it shall be lawful for the court to commit the

examination of such person to a judicial assistant; and where the

cause is pending before the Court of Magistrates (Gozo), and the

person to be examined as aforesaid is in the Island of Malta, it shall

be lawful for the court to commit the examination of such person to

a judicial assistant.

(4) In the cases referred to in this article, the oath may be

administered by the judicial assistant.

(5) The party by whom the evidence is required shall, before

the order of the court is carried out, deposit with the registrar a

sufficient sum to cover any expense which may be incurred for the

execution of the order; and in default of such deposit, it shall be

lawful for the court to decide the cause without such evidence.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 607 Judicial assistant to take down objections to competency or credit of witnesses. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The judicial assistant shall record any objection raised by the

contending parties against the competency or credibility of any

witness.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 608 Examination of witness under article 606 may be ordered at any stage of the proceedings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

An examination under the provisions of article 606 may be

ordered at any stage of the proceedings.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 609 Signing and sealing of deposition. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any deposition taken in the manner provided in articles 606

and 607 shall also be signed by the judicial assistant, and shall then be

sealed by the Registrar, and filed in the record of the proceedings.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 610 Deposition may be taken independently of reasons mentioned in article 606. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The provisions of article 606 shall, independently of

the reasons mentioned in that article, apply also in any case in

which, in an action before the Civil Court, First Hall, a demand to

that effect is made, by means of a note, by all parties to the action,

and also in the case where the court so orders.

(2) In any such case, the provisions of the last part of article

606(1) shall not apply; but the answers given by the witnesses shall

be taken down in the manner provided in article 594(1), and the

deposition shall be signed or marked by the witness and

countersigned by the judicial assistant who shall transmit it to the

registrar.

(3) If any question shall arise before a judicial assistant as to

the competency or relevancy of a witness, or as to the admissibility

or relevancy of any question put to a witness, the judicial assistant

shall decide the question and record his decision, saving the right

of the party aggrieved, in the case of rejection of the witness or

question, to apply to the court.

(4) All other provisions of this Code relating to the

examination of witnesses before the court shall apply to any

examination under this article, in so far as they are applicable.

(5) Nothing in this article contained shall prevent the court

from ordering, either of its own motion or upon the demand of any

of the parties, where necessary, that a witness examined under the

provisions of this article be recalled and re-examined before it.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 611 Examination of witness about to leave Malta, etc., whose evidence is required before inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the evidence of any person as provided in

article 606 is required before the Court of Magistrates (Malta), or

before the Court of Magistrates (Gozo) in its inferior jurisdiction,

the witness shall be examined by the magistrate himself, but in the

latter case the magistrate shall reduce the evidence to writing and

shall cause it to be signed or marked by the witness.

(2) Whenever the Magistrate of the Court of Magistrates

(Gozo) is temporarily absent from Gozo with the permission of the

Minister responsible for justice, or is, through a lawful impediment,

precluded from performing his duties, the registrar of the said court

may be authorized by the State Advocate to take the evidence of any

person as provided in article 606 and to administer the necessary

oath.

(3) Nevertheless, the provisions of article 606(3) shall be

applicable to any of the courts mentioned in sub-article (1) where

the person to be examined is not in the Island or Islands where the

court, before which the evidence is required, sits.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 612 Applicability of article 606 in cases of witnesses disallowed by court of first instance. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The provisions of article 606 shall also apply in the

case where, for the reasons set out in that article, there are

sufficient grounds to believe that a witness whose production has

been disallowed in the court of first instance will not be able to

attend before the appellate court.

(2) In any such case, the examination of the witness shall be

ordered by the court before which the cause is pending, but the

deposition shall be kept closed and sealed until the appellate court

shall have declared the witness to be competent.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 613 Evidence of person residing abroad. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where it is made to appear to the satisfaction of any of the

superior courts, or of the Court of Magistrates (Gozo) in its

superior jurisdiction, that the evidence of any person who is absent

from Malta is indispensable for the determination of any cause

pending before any of such courts, it shall be lawful for the court to

make an order declaring the examination of such witness to be

necessary and the court may stay the proceedings after having

complied with the provisions of article 158 and adjourn the cause to

a time within which such evidence is to be obtained.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 614 Form of application for letters of request. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The demand for any such examination shall be by

application if made at any time before the hearing of the cause, or

oral if made during the hearing; and in either case, the party

demanding the examination shall produce the interrogatories

reduced into writing, and state the name and address of the person

who is to represent him during the examination.

(2) The court shall not receive such interrogatories if they are

not accompanied by a translation in the language of the place where

the witness is to be examined, unless it is made to appear to the

satisfaction of the court that it is impracticable to prepare such

translation; in which case, a note of such fact shall be entered in the

record of the cause and mention thereof shall be made in the letters

of request referred to in article 618.

(3) Any such translation shall be signed, and its correctness

verified on oath before the registrar, by the translator.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 615 Oath by person applying for letters of request. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The party demanding the examination shall affirm upon

oath that he knows, or, that he possesses information which he has

sufficient reason to believe to be true, that the proposed witness is

in the place stated by him and that such witness is in a position to

certify the truth of the facts stated in the interrogatories.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 616 Opposite party may appoint a representative. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the demand referred to in article 614 is allowed, the

opposite party shall have the right to appoint a person to represent

him at the time of the examination, the name and address of such

person being stated to the court within the time fixed in the decree.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 617 Interrogatories to be accessible to opposite party. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A copy of the interrogatories reduced into writing shall be

served on the opposite party or on his advocate.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 618 Drawing up of letter of request. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

On the expiration of the time referred to in article 616, the

registrar, upon a decree to be made by the court for the purpose,

shall draw up a letter of request addressed to one of the judges or

magistrates of the place in which the request is to be executed, or to

any other person or persons as stated in the decree, requesting such

judge, magistrate or other person or persons to examine on oath the

witness; a copy of the decree and of the interrogatories shall be

annexed to the letter of request which shall contain the name and

description of the persons appointed by the parties as their agents.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 619 Transmission of letter of request and documents to Minister responsible for justice. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The letter of request referred to in the last preceding

article, together with the accompanying documents, shall be

transmitted by the registrar to the Minister responsible for justice,

who shall forward it to the proper authorities with a request that it

may be executed

Provided that the court may dispense with the requirement

o f t h i s a r t i c l e w h e r e a n y t re a t y, c o n v e n t i o n , a g r e e m e n t o r

understanding, between Malta and another country or which applies

to both such countries or to which both such countries are a party,

provides for direct transmission of letters of request between

judicial authorities.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 620 Duty of person demanding examination. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be the duty of the party demanding the

examination to solicit the authority or person requested to take the

examination, to carry out such examination in accordance with the

terms of the letter of request.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 621 Method of examination by interrogatories. Powers of examiner. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Before the authority or person requested to take the

examination, the questions shall be put according to the

interrogatories transmitted with the letter of request, and, in cross-

examination, there shall be put such other questions as the agent of

the opposite party may require; the examiner may also put any

other questions which, as a result of the answers given, he may

deem or the agent of the party demanding the examination may

show to be necessary or expedient.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 622 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The agents of the contending parties duly informed by

the authority or person requested to take the examination shall

attend on the day and at the place appointed for the examination;

and it shall be the duty of the agent of the party producing the

evidence to bring with him the witness to be examined; the

examination shall be reduced into writing, signed or marked by the

witness and signed by the examiner.

(2) The provisions of sub-article (1) shall be duly stated in the

letter of request, which shall also contain a request to the effect that

the said authority or person will transmit the examination, when

completed, to the Minister responsible for justice, who shall cause

it to be forwarded to the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 622A Evidence by affidavit of witness residing abroad. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Notwithstanding the provisions of articles 613 to 622,

where the evidence of a witness residing outside Malta is required,

and such person has made an affidavit about facts within his

knowledge before an authority or other person who is by the law of

the country where the witness resides empowered to administer

oaths, or before a consular officer of Malta serving in the country

where the witness resides, such affidavit duly authenticated may be

produced in evidence before a court in Malta; and the provisions of

articles 623, 624 and 625 shall apply to such affidavits.

(2) The affidavit so obtained shall be served on the opposite

party or parties, and any party to the proceedings desiring to cross-

examine such a witness shall apply to the court for the examination

of such witness by letters of request not later than twenty days from

the service of the affidavit; and the provisions of this Code relative

to letters of request shall apply with such modifications and

adaptations as may be necessary.

(3) If no application is made as aforesaid no cross-examination

of the witness shall be allowed unless the court for a good reason

otherwise directs; and the affidavit shall be taken into consideration

notwithstanding the absence of cross-examination.

(4) Notwithstanding the foregoing provisions of this article, if

the parties agree, and the court deems it proper so to act, the court

may make such other provisions concerning the conduct of the cross-

examination as may be appropriate according to circumstances.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 622B Audio-recording or video-recording of evidence. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Without prejudice to the provisions of article 622A,

the court may, if it deems it proper so to act, allow for the audio-

recording or for the video-recording of any evidence required from

a witness as aforesaid, in accordance with such codes of practice as

the Minister responsible for justice may, by regulations, prescribe.

(2) The Court may also allow for the testimony of any witness

even if present in Malta to be given by video conference or by

teleconference from such place as the court may order and subject

to such conditions and directions as the court may deem necessary

Provided that the Minister responsible for justice may, by

regulations, provide for any procedures, formalities, modalities or

restrictions which are to apply to the taking of evidence in Malta in

respect of pro ceedi ngs in Mal ta by video co nference o r by

teleconference and where the Minister makes such regulations the

said regulations shall apply and any conditions or directions given

by the Court under this sub-article shall not conflict with such

regulations.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 623 Resumption of trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

When the court shall have received the examination, or if

the authority or person requested to take the examination shall have

reported that it was not possible to take the same, either because the

witness was not produced, or for any other cause, or if, in the

opinion of the court, having regard to the distance of the place and

to all other circumstances, sufficient time has elapsed without the

examination having been received, it shall be lawful for the court,

of its own motion or upon the application of the party interested, to

order that the cause be set down for hearing, tried and determined.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 624 Production of evidence taken upon letters of request. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The examination taken in accordance with the

provisions of articles 613 to 620 inclusive, may be produced as

evidence not only in the court of first instance and in the appellate

c o u r t , b u t a l s o i n t h e a p p e l l a t e c o u r t o n l y, w h e n e v e r t h e

examination, although ordered by a decree of the court of first

instance, shall have been received after the cause has passed to the

appellate court.

(2) If the cause in which the examination was ordered has

terminated and has subsequently been re-instituted in terms of law,

the examination may also be produced both before the court of first

instance and before the appellate court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 625 Reading of depositions in court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The depositions of witnesses taken in the manner

provided in articles 606, and 613 to 624, shall be read at the trial of

the cause, if at the time of such trial, the witnesses who had been so

examined be dead, or unable to attend, or kept out of the way by

means of the procurement of the opposite party, or absent from

Malta.

(2) Such depositions, although taken during the pendency of

the cause before the court of first instance, may be made use of also

before the appellate court, provided the impediment referred to in

this article continues to exist.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 626 Examination of witnesses by referee. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall be lawful for the court, in making an order of

reference, to empower the referee to examine witnesses and to

administer oaths.

(2) Any witness examined by the referee may, by leave of

court, be again produced before the court, and it shall also be

lawful for the court of its own motion to order the production of

any such witness.

Sub-title II

O F D OCUMENTARY E VIDENCE

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 627 Documents requiring no proof of authenticity other than that which they bear on the face of them. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The following documents shall be admissible in evidence

without the necessity of any proof of their authenticity other than

that which appears on the face of them, and shall, until the contrary

is proved, be evidence of their contents

(a) the acts of the Government of Malta, signed by the

Minister or by the head of the department from which

they emanate, or in his absence, by the deputy,

assistant, or other officer next in rank, authorized to

sign such acts;

(b) the registers of any department of the Government of

Malta;

(c) all public acts signed by the competent authorities, and

contained in the Government Gazette;

(d) the acts of the Government of Malta printed under the

authority of the Government and duly published;

(e) the acts and registers of the courts of justice and of the

ecclesiastical courts, in Malta;

(f)

the certificates issued from the Public Registry Office

and the Land Registry;

(g) the sea-protest made under the authority of the Civil

Court, First Hall;

(h) the documents mentioned in article 68, in article 95(3),

in article 227 and, in so far as it applies article 227, in

article 274 of the Merchant Shipping Act, as provided

in the said provisions.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 628 Acts of foreign Governments, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The acts of any foreign Government, or of any department

of a foreign Government, or of foreign courts of justice, or of any

foreign establishment, authenticated by the diplomatic or consular

representative of the Government of Malta in the country from

which they emanate, or by a person serving in a diplomatic,

c o n s u l a r o r o t h e r f o r e i g n s e r v i c e o f an y c o u n t r y w h i c h b y

arrangement with the Government of Malta has undertaken to

represent this Government’s interests in that country, or by any

other competent authority in the country from which they emanate,

shall also be admissible as evidence in the same manner as the

documents mentioned in the last preceding article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 629 Acts requiring proof of authenticity. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The following documents are admissible and shall, until

the contrary is proved, be evidence of their contents, provided their

authenticity be proved

(a) the acts and registers of any establishment, or public

body, authorized or recognized by law or by the

Government;

(b) the parochial acts and registers relative to births,

marriages and deaths, and the dispositions made

according to law in the presence of a parish priest;

(c) the acts and registers of notaries public in Malta;

(d) the books of traders kept according to law, only with

regard to any agreement or other transaction of a

commercial nature;

(e) the books of public brokers kept according to law, with

regard to anything which may have taken place

between contracting parties in commercial matters;

(f)

the documents mentioned in article 134(3), in article

176(2) and in article 190(6) of the Merchant Shipping

Act, as provided in the said provisions.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 630 Acts and registers of foreign notaries. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The acts and registers of notaries public of other countries,

authenticated in the manner provided in article 628, shall be

admissible and shall be evidence of their contents, in the same

manner as the acts mentioned in article 627.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 631 Traders’ books, etc., to constitute evidence against traders, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The books of traders and ships’ books shall constitute

evidence against the traders themselves or the masters or owners of

the ships, notwithstanding that such books are not kept according to

law.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 632 Declarations against interest, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any declaration made by a party against his interest,

or any other writing containing any admission, agreement, or

obligation is admissible as evidence.

(2) Any writing, whether printed or not, and any inscription,

seal, banner, instrument or tool of any art or trade, tally or score,

map, sign or mark, which may furnish information, explanation or

ground of inference in respect of the facts of the suit, are

admissible as evidence.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 633 Defective public act which may be admissible in evidence as private writing. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any act which, by reason of the incompetence or

incapacity of the officer by whom it was drawn up, compiled, or

published, or which, owing to the absence of some formality

prescribed by law, has not the force of a public act, shall be

admissible as evidence as a private writing between the parties, if

the parties have signed or marked the same, or if it is proved that

such act has been drawn up or signed by some other person acting

on their instructions.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 634 Rules of evidence as to signatures or marks. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A person against whom any paper apparently signed

by him is produced, is bound to declare positively whether the

writing or signature is his own or not, and in default of such

declaration, such writing or signature shall, until the contrary is

proved, be deemed to be his own.

(2) Any signature or mark attested by an advocate, a notary or a

legal procurator shall, unless the contrary is proved, be deemed to

be genuine if in the attestation it is declared by the advocate or

n otary or legal pro cu rato r t hat such si gnatu re or m ark w as

subscribed or set in his presence and, where the person cannot sign

his name, in the presence of two witnesses whose signature appears

on the act, and that he has personally ascertained the identity of the

persons setting such signature or mark.

(3) For the purposes of article 1233(1)(g) of the Civil Code,

any signature or mark attested by a parish priest in the manner

provided in sub-article (2) shall also, unless the contrary is proved,

be deemed to be genuine.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 635 Modes of proving handwriting. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where it shall be necessary to ascertain the handwriting of

any person by whom a document has been written or signed, such

proof may be made -

(a) by the person who wrote or signed the document

acknowledging his own handwriting;

(b) by means of witnesses who actually saw the person

write or sign the document;

(c) by means of witnesses who, although they have not

seen the person write or sign the document, are

acquainted with his handwriting;

(d) by the comparison of handwritings, or by other

circumstances or presumptions;

(e) by means of experts in handwriting, in cases of

writings difficult to verify.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 636 Copies. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Authentic copies of the documents mentioned in

articl es 627 , 628 and in arti cle 6 29( a), ( b) , (c) and (e) are

admissible as evidence.

(2) Copies shall be deemed to be authentic, when they are made

in the form prescribed by law by the officer by whom the original

was received or is preserved, or by the person lawfully authorized

for the purpose.

(3) Authentic copies shall be evidence to the same extent as the

originals.

Sub-title III

O F THE D EMAND FOR THE P RODUCTION OF D OCUMENTS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 637 Actio ad exhibendum. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall be lawful to demand the production of

documents which are in the possession of other persons -

(a) if such documents are the property of the party

demanding the production thereof;

(b) if such documents belong in common to the party

demanding their production and to the party against

whom the demand is made;

(c) if the party demanding the production of the

documents, although he is not the owner or a co-owner

thereof, shows that he has an interest that such

documents be produced by the other party to the suit;

(d) if the person possessing the documents, not being a

party to the suit, does not declare on oath that,

independently of any favour for either side, he has

special reasons not to produce the documents;

(e) if the documents are public acts, or acts intended to

constitute evidence in the interest of the public in

general.

(2) It shall be lawful for the court to order the production only

of such part of books or other documents as relate to the matter in

issue.

(3) It shall not be lawful to demand the production of any

document which is held by a public authority and -

(a) which is an exempt document under articles 29, 30 or

36(1) or sub-articles (4) or (5) of article 32 of the

Freedom of Information Act; or

(b) the disclosure of which is prohibited by any other law.

(4) Where a demand is made for the production in court of a

document held by a public authority, and the public authority is of

the view that sub-article (3)(a) applies to that document, the public

authority shall reply to the demand as if that demand were a request

for disclosure of the document under the Freedom of Information

Act; and the provisions of Parts II and IV and of articles 39, 40 and

43 of the Freedom of Information Act shall apply accordingly.

(5) Saving the provisions of article 518 of the Criminal Code it

shall not be lawful to demand the production of any procès-verbal,

record of inquiry, or other document relating to criminal matters,

unless such procès-verbal, record of inquiry, or document be

deposited in the registry.

(6) In this article "public authority" shall have the meaning

assigned to it by the Freedom of Information Act.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 638 Documents kept by administrator presumed to belong to person whose estate he administers. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any person whose affairs are administered by another

person, shall be deemed to be the owner of the books or other

documents kept by the administrator in the discharge of his

functions.

(2) Documents relating to any succession, partition, or

partnership, or to the affairs of any bankrupt debtor, shall be

deemed to be common property.

(3) It shall rest with the court to decide as to the interest of the

party demanding the production, regard being had to the nature of

the case and to the nature of the document the production of which

is demanded.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 639 Contents of demand for production of documents. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The demand for the production of documents shall state

the nature of the documents, and all the particulars which may be

known to the party making the demand.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 640 Form of demand for production of documents. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the demand for the production of documents is

made by one contending party against another, it shall be made in

the same manner as the demand for a reference to the oath of the

opposite party; and where such demand is made against third

parties, it shall be made by application or in the subpoena to give

evidence as witness.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 641 Proof of possession of documents. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In all cases, the party demanding the production of the

document must prove that the document is in the possession of the

person from whom the production is demanded.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 642 Time in which demand for production of documents may be made. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The production of documents may be demanded at any

stage of the cause, so long as evidence may still be adduced.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 643 Indirect proof arising from default of production. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court to consider the contents of a

document to be as averred by the party demanding its production, if

the opposite party, notwithstanding the order of the court, refuses to

produce such document.

Sub-title IV

O F R EFEREES

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 644 Order of reference. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The proof by means of a referee or referees is ordered on

the demand of the parties or one of them, or by the court of its own

motion.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 645 Contents of order. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court shall not appoint a referee solely for the

purpose of examining witnesses on oath and taking down their

depositions in writing and establishing the relevant facts.

(2)

In the decree appointing the referee, the court shall -

(a) state the object of the reference;

(b) fix the day and time when the referee is to conduct an

inspection in faciem loci where necessary;

(c) give directions for the guidance of the referee in the

execution of his task.

(3) The court may at any time, at the request of the registrar or

on its own motion, order the referee to return the records of the

cause that are in his possession, to the registrar there to remain for

such time as shall be specified in that order. In case of non-

compliance with the court’s order, the referee shall without

prejudice to any other proceedings which may be instituted against

him be guilty of contempt of court.

(4) The court may order the referee to attend for the hearing of

the trial and to put to the witnesses any questions he may deem

necessary or relevant to enable him to complete his report.

(5) Where affidavits have been filed in the registry of the court,

the referee shall be served with a copy of such affidavits before the

hearing.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 646 Appointment of referee. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the parties agree on the submission of a name

of a referee, the court shall appoint the referee agreed upon by the

parties.

(2) Where the parties fail to agree, the court shall appoint a

referee of its own choice.

(3) No social worker or psychologist who has already provided

services to a party to a suit including as an ex parte expert witness

according to the provisions of article 563A may be appointed as a

referee.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 647 No person may have more than two references at the same time. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) No person may be appointed as a referee in any cause

or matter if such person has already two references upon neither of

which he has yet filed his final report; and any appointment made

in violation of this provision shall be null and void

Provided that the provisions of this article shall not apply -

(a) in any cause or matter which requires special technical

knowledge if the number of persons possessing such

special technical knowledge is very limited; or

(b) where the necessity arises of referring to the same

referee the consideration of further questions raised in

the same cause or matter;

(c) to the appointment of additional referees in accordance

with the provisions of this Code.

In the case provided under paragraph (a), the court shall in the

order of reference state the reasons for appointing the person

mentioned in the order.

(2) The registrar shall keep a record of any order of reference

made by the court stating the date of the order and the date on

which the referee shall have filed his report.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 648 Challenge of referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A referee may be challenged by any of the parties on good

cause being shown to the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 649 Good cause for challenge. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.246.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 650 Time for making peremptory challenge. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.246.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 651 Power of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.246.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 652 Challenge of referee named by court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.246.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 653 Time for challenging referee for good cause. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A referee may be challenged for good cause at any time

until he has filed his report, provided the party making the

challenge declares upon oath that he was not aware of such cause at

the time of the appointment, and that he never appeared before the

referee, nor performed any act before him, from the time when he

became aware of such cause.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 654 Mode of making challenges for cause. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Challenges for any cause existing and known at the time of

the appointment of the referee shall be made orally during the

hearing; and challenges for any cause supervening after the

appointment, or which, although existing previously to the

appointment, was unknown, shall be made by an application

demanding the appointment of another referee in his stead.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 655 Hearing of grounds of objection. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Upon any such application, the court shall make an

order suspending the proceedings before the referee and shall

appoint a day for the hearing of the grounds of the objection.

(2) The decree of the court allowing or disallowing the

objection shall not be subject to appeal.

(3) Where the court allows the objection, it shall in the same

decree appoint another referee.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 656 Service of order of reference on referee. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The decree making the order of reference shall be served

by order of the court on the referee.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 657 Declination of appointment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any referee who declines the appointment shall give

notice in writing of his refusal to the registrar, within two days

from the service of the decree.

(2) Failing such notice, the referee shall be deemed to have

accepted the appointment.

(3) The registrar, upon recording the refusal, shall forthwith by

letter call upon the parties to appear on a date to be fixed by the

court in order that another referee may be appointed in case the

refusal is accepted by the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 658 Penalty for certain persons refusing without reasonable excuse to act as referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the referee appointed by the court is a person duly

authorized by the Government to act as an expert, or to exercise

any trade or profession, and such referee shall, without reasonable

excuse, refuse to accept the appointment, it shall be lawful for the

court which made the appointment to interdict him from acting as

referee in any of the superior or inferior courts for a period not

exceeding six months.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 659 Penalty for default of referee to carry out reference. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any referee who, after having accepted the appointment,

shall, without reasonable excuse, fail to attend on the day and at the

time fixed for the carrying out of the reference, may be condemned

in costs and damages.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 660 Submissions by parties to referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The parties or their advocates or legal procurators, as the

case may be, may, in the course of the proceedings before the

referee, make such submissions as they may consider to be in their

interest, and a mention thereof shall be made by the referee in his

report.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 661 Sittings of referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If for the carrying out of the reference one sitting is not

sufficient, the referee may hold other sittings on such days and at

such time as he may fix.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 662 Extension of time to carry out reference. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the referee is for any just cause unable to carry out the

reference within the appointed time, he may, before the expiration

of that time, apply for an extension provided that the court may for

good and sufficient grounds, to be recorded, grant a further

extension or extensions.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 663 Penalty for delaying or refusing to file report without reasonable excuse. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If any referee shall, without reasonable excuse, delay the

report or refuse to file the report within the prescribed time,

original or enlarged, his appointment shall ipso facto lapse and the

court shall ex officio appoint another referee in his stead; in which

case he shall not be entitled to any fee or reimbursement and shall

be liable for costs and damages.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 664 Summoning of witnesses before referees. Penalty for non-attendance of witnesses. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court shall issue writs of subpoena to witnesses to

appear before the referee, and if any such witness fails to attend,

the court shall, upon a report in writing by the referee, proceed in

the manner provided in article 575.

(2)

The provisions of article 569(2) shall apply to such writs.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 665 Contents of report. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The report of the referee shall state the inquiries made

and his findings together with the grounds of such findings.

(2) The documents produced by the parties and the depositions

of the witnesses shall be annexed to the report.

(3) The report shall not be supplemented by plans or models,

unless the court so directs or the parties give their consent thereto.

(4) The report shall be signed by the referee or referees as the

case may be unless otherwise provided by the court.

(5) The report shall be clearly and legibly typewritten or written

in ink.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 666 Taxation of fee due to referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Before the day appointed for the publication of the

report, or on the same day, but before the cause is called, the

referee shall present his report unsealed to the registrar for the

taxation of his fees in accordance with the Tariffs in Schedule A

annexed to this Code.

(2) Except where otherwise provided, the referee shall not be

required to publish his report until the fee taxed by the registrar has

been paid to him or deposited with the registrar, and the registrar

shall not disclose to any person any part of the report, until the fee

has been paid or deposited as aforesaid, under penalty of paying to

the referee the fees due to him.

(3) Upon the payment or deposit as aforesaid, the registrar

shall insert the report in the record of the cause and such report

shall thereupon be accessible in the same manner as other parts of

the record.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 667 Appeal by referee or party from taxation of fee. Time for appeal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any referee or party may appeal from a taxation made

under the last preceding article to the court by which the referee

was appointed, whatever the amount taxed or claimed, within eight

days from the day mentioned in article 672 or, where the attendance

of the referee has been dispensed with as provided in that article,

from the day on which the referee or the contending parties shall

have been notified of the taxation by letter of the registrar.

(2) Pending the decision of the cause in which the order of

reference was made, such appeal may be entered by means of a

note.

(3) After the decision, such appeal shall be by application and

shall be heard by the court summarily.

(4) If the appeal appears prima facie justified, the court shall,

after hearing the parties, direct the registrar to make a fresh

taxation.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 668 By whom fee of referee is to be provisionally paid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The decree ordering the reference shall state the party

by whom the fee of the referee shall provisionally be paid or

deposited.

(2) When the reference is required by the plaintiff to prove

some fact upon which he relies for his claim, the fee of the referees

shall provisionally be paid or deposited by the plaintiff.

(3) In all other cases, it shall be in the discretion of the court to

determine whether, and if so, in what proportion, each of the parties

shall provisionally bear a part of such fee, regard being had to the

respective interest of the parties to the action.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 669 Court may order deposit of fee due to referee. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court may in the decree appointing the referee or at

any time before the referee presents his report to the registrar, order

the party by whom the fee is to be provisionally paid, to deposit

with the registrar, within such time as the court shall direct, a sum

which, in the opinion of the court, approximately corresponds to

the fee which will be due to the referee.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 670 When court may decide cause without the reference. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court may decide the cause without the reference or

independently of the evidence produced before the referee -

(a) where the reference was not carried out within the

original or extended time, for some cause attributable

to the party in whose interest the order of reference

was made; or

(b) where the fee taxed in favour of the referee as

provided in article 666 has not been paid or deposited;

or

(c) where the deposit mentioned in the last preceding

article has not been made.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 671 Referee to divide fee in cases where parties are admitted to sue or to defend with the benefit of legal aid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where one of the parties to an action has been

admitted to sue or to defend with the benefit of legal aid, the

referee shall be entitled to such part of the fee as may have been

paid by the party not appearing with such benefit

Provided that the referee shall be entitled to claim the other part

of the fee if the party not appearing with the benefit of legal aid is

condemned in costs.

(2) Where both parties appear with the benefit of legal aid, the

referee, if he belongs to the class of persons mentioned in article

658, shall publish his report, although he may not have been paid

the fee; and in the case of other referees, the fee will be paid by

Government.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 672 Publication of report. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) On the day appointed for the publication of the report,

the referee shall attend before the court for the object of publicly

reading it out and confirming it on oath, unless his attendance is

dispensed with by the court.

(2) The oath shall be administered to the referees by the

registrar.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 673 Time for examination of report. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court shall allow the parties time to consider the

report and to make their submissions thereon.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 674 Additional referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall be lawful for the court, on the demand of any

of the parties, to proceed to the appointment of additional referees

who shall make their report on reaching a majority decision on the

subject of the reference.

(2) Where the findings have been arrived at by a majority of

votes, the report shall include a mention of the fact that there has

been a dissenting member, what constituted the dissent as well as

the grounds thereof.

(3) Subject to the provisions of this article, the provisions of

this Sub-title shall mutatis mutandis apply to additional referees.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 675 Average of amounts assessed by referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the subject-matter of the reference is a valuation or

an assessment, it shall be lawful for the court, in either of the cases

referred to in the last preceding article, on the demand of any of the

parties, to appoint two additional referees; and upon their report, to

fix an average of the amounts found in all the disagreeing reports.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 676 When additional referee cannot be appointed. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.261.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 677 Time for making demand for additional referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The demand for the appointment of additional

referees shall be made by means of a note to be filed within ten

days.

(2) Such time shall commence to run from the date of the

publication of the report. If the referees have been dispensed from

attending before the court according to the provisions of article

672(1), such time shall commence to run from the date of the

receipt by the party or his legal procurator of a notice signed by the

registrar, stating that the report has been published.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 678 Appointment of additional referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The additional referees, whatever their number, shall

be appointed by the court, unless the parties agree as to the referees

to be appointed.

(2)

The additional referees may be challenged for good cause.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 679 Inadmissibility of fresh documents or witnesses after the filing of the report. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where authority has been granted to the referees to receive

documents or to examine witnesses, no further documents or

witnesses on the subject-matter of the reference shall be admissible

before the court, ex cept in the cases as provided in article

150(1)(a), (b), (c), (d) and (e) and in article 208(1)(a), (b) and (d).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 680 Examination of referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The referees may be examined and cross-examined on

their report in the same manner as witnesses.

(2) The provisions of articles 594 and 595 shall apply to the

answers given by the referees.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 681 Court not bound to adopt report. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court is not bound to adopt the report of the referees

against its own conviction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 682 When reference is permitted before appellate court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In an appellate court, no reference may be ordered, except

in the following cases

(a) where there was no reference made in the court below

and no express renunciation of such reference was

made;

(b) where the subject-matter of the reference is, wholly or

in part, different from that of the reference made in the

court below, or in respect of which there was a

renunciation;

(c) where the directions given to the referee by the court

below were, in the opinion of the appellate court,

defective or insufficient;

(d) where the appellate court is of opinion that the report

is not so complete as to enable it to decide the cause

Provided that nothing in this article shall operate so as to bar the

appellate court from requiring further elucidations from the

referees appointed by the court below.

Sub-title V

O F I NSPECTION IN FACIEM LOCI

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 683 Inspection in faciem loci. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall he lawful for the court, on the demand of the

parties or of its own motion, to order an inspection of the place,

whenever it may deem it expedient for the disposal of the cause.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 684 Contents of decree. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court shall, in the decree ordering an inspection of the

place, appoint the day and time for the inspection, and may also

order one referee or three referees to attend.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 685 Service of decree on referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The decree shall be communicated to the parties and to the

referee or referees in the manner provided in and for the purposes

of article 656.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 686 Deputing judicial assistant for inspections outside jurisdiction of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where an inspection outside the jurisdiction of the court is

necessary, the court may in the decree delegate a judicial assistant

to hold the inspection and to perform all acts relative thereto.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 687 Presence of one member of court to be sufficient. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.264.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 688 Court to repair to place at the appointed time. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) On the day and at the time appointed, the court shall

repair to the place of inspection.

(2) The contending parties may, and, if their attendance is

required shall, be present at such inspection.

(3) In all cases, the parties may he represented or assisted by

their advocates or legal procurators.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 689 Record of inspection. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A record of the inspection shall he kept by the registrar in

the form of a procès-verbal.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 690 Directions to referees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court shall, whensoever it may deem it necessary,

order the referee or referees to draw up plans and to state the

measurements, the distance, and any other thing which the court

may consider conducive to the object of the inquiry.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 691 Examination of witnesses. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court either to examine the

witnesses at the place of inspection, or to reserve examining them

during the hearing in court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 692 Costs of inspection. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

As regards the payment or deposit of the expenses of the

inspection, the provisions respecting proof by referees shall apply.

Sub-title VI

O F THE P ROOF BY A DMISSION OR BY R EFERENCE TO THE O ATH

OF THE OTHER P ARTY

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 693 Admission made in or out of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any admission of a fact whether written or verbal, made in

or out of court, may be received in evidence against the party who

made it.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 694 Probatory force of admissions made out of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) An extrajudicial admission is no evidence except

against the party who made it.

(2) An admission made upon a reference to the oath of one of

the parties may be received in evidence of a fact even against the

other parties to the suit.

(3) In all cases, only such part of an admission as the court may

deem worthy of credit shall constitute evidence.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 695 Declarations, etc., made by advocate, etc., can be withdrawn at any time before judgment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any declaration or statement made, whether viva voce

o r i n w r i t i n g , b y a n y a d v o c a t e o r l e g a l p r o c u r a t o r, c a n b e

withdrawn by a note at any stage of the suit, even in the appellate

court, before judgment is given, provided it shall not be proved that

the advocate or legal procurator made the declaration or statement

with the special authority of the party.

(2) The presentation of an act in court by the party personally,

shall not of itself, without other circumstances, be evidence that the

declaration or statement of fact was made by the advocate or legal

procurator with the special authority of the party.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 696 Reference to oath of defendant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the superior courts and in the Court of Magistrates

(Gozo) in its superior jurisdiction, a plaintiff who intends to furnish

evidence by a reference to the oath of the defendant shall give him

notice thereof in the written pleading commencing proceedings.

(2) Where the plaintiff omits to give the defendant such notice

as provided in sub-article (1), he shall, at least two days before the

day appointed for the hearing of the cause, present a note in the

registry in order that the defendant may be informed, by letter of

the registrar, that reference to his oath is required.

(3) The letter shall be drawn up by the plaintiff and shall he

filed simultaneously with the note.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 697 Reference to oath of plaintiff. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of sub-article (1) of the last preceding

article shall apply in the case where the defendant requires

reference to the oath of the plaintiff.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 698 Non-appearance of party to whose oath reference is required. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the party, to whose oath reference is required, fails

to appear on the day appointed for the trial, the party referring

shall, upon the issues being settled, make a declaration to the effect

that he intends making such reference and shall present questions

and statements which shall be formulated in an affirmative manner

as to require an affirmative answer which shall be sealed by the

registrar.

(2) If the party to whose oath reference is made fails to appear

on the day to which the court shall adjourn the trial of the cause,

without good cause being shown for his non-appearance, the

questions shall be deemed to be admitted and accepted.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 699 In the superior courts, questions to be in writing. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In all courts of civil jurisdiction, the questions shall

be made in writing.

(2) The questions shall, during the hearing of the cause, be

presented to the court for approval.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 700 Written questions to be clear, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The questions shall be clear, concise and numbered,

and signed by the advocate or legal procurator, as the case may be,

or by the party referring.

(2) In all cases, questions which are superfluous or which the

court may deem it fit to reject, may be cancelled or rejected.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 701 Affirmative or interrogative form of questions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.270.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 702 Demand for reference to oath in inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the Court of Magistrates (Malta) and in the Court

of Magistrates (Gozo) in its inferior jurisdiction, the demand by the

plaintiff for the reference to the oath of the defendant shall be made

in the notice referred to in article 171.

(2) If the reference is required by the defendant, the demand

shall be made orally, either before or during the hearing of the

cause; and in the former case notice of such demand shall be given

to the plaintiff.

(3) If the party to whose oath reference is required fails to

appear on the day appointed for the trial -

(a) the questions as taken down by the court shall be

deemed to be admitted, unless good cause is shown for

his non-appearance, in any case other than cases for

ejectment or eviction from immovable property, in

which the claim before the court does not exceed the

amount of five hundred and eighty-two euro and thirty-

four cents (582.34);

(b) the court shall adjourn the trial to a date not later than

fifteen days from the date of the sitting, unless the

party making the reference renounces thereto, in any

case for ejectment or eviction from immovable

property or in any case in which the claim before the

court exceeds the amount of five hundred and eighty-two

euro and thirty-four cents (582.34), and the questions as

taken down by the court shall be deemed to be

admitted if the party to whose oath reference is

required, without good cause being shown for his non-

appearance, fails again to appear on the day to which

the court has adjourned the case as aforesaid.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 703 Replies to questions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The party to whose oath reference is made shall answer in

terms of the questions.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 704 Taking of answers to questions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The provisions of article 2(e) of the Judicial

Proceedings (Use of English Language) Act, shall mutatis mutandis

apply to the answers to the questions in all courts.

(2) Such answers shall be certified by the registrar and shall

form part of the record.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 705 Further queries. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall be lawful for the court to put or allow the

party referring to put to the other party to whose oath reference is

made any query which, although not included in the interrogatories,

is connected with the subject-matter of the questions, or tends to

elicit true and precise answers on the matter of the questions.

(2) The answers to any such queries shall also be taken down

and certified by the registrar, and shall be inserted in the record.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 706 Deputing judicial assistant to take answers upon a reference to oath. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the party to whose oath reference is required is

lawfully prevented from appearing in court, it shall be lawful for

the court, on the demand of the other party, to order that the

answers to the questions be taken, on the day and at the time to be

stated in the order, at the place of abode of the party to whose oath

reference is required, by a judicial assistant; and such order shall be

served on the person or persons to whose oath reference is required.

The party seeking the reference shall pay for such service, saving

any right of reimbursement thereof in terms of the eventual

decision of the court.

(2) It shall be lawful for the opposite party and for the

advocates or legal procurators to attend.

(3) The answers shall be taken down and signed at the end

thereof by the judicial assistant.

(4) The provisions of article 606(4) and (5) shall apply in the

case provided for in this article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 707 Reference to oath of other parties not under impediment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where, in the same cause, reference is required to the

oath of other parties in respect of whom there is not the impediment

stated in the last preceding article, it shall be lawful for the court to

order that the depositions of such other parties under the reference

be taken, one after the other, on the same day, by a judicial assistant

at the place of abode of the party in respect of whom there exists

the impediment, immediately after the deposition of such party

under the reference, and in the same manner as provided in that

article; and such order shall be served on the person or persons to

whose oath reference is required. The party seeking the reference

shall pay for such service, saving any right of reimbursement

thereof in terms of the eventual decision of the court.

(2) In any case under this article, the oath may likewise be

administered by a judicial assistant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 708 Before inferior courts reference to be taken by sitting magistrate. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the cases referred to in the last two preceding articles, if

the cause is pending before the Court of Magistrates (Malta), or

before the Court of Magistrates (Gozo) in its inferior jurisdiction,

the reference shall be taken by the magistrate before whom the

cause is pending.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 709 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the cases referred to in articles 706 and 707, if the cause

is pending in Malta and the party to whose oath reference is

required is in the Island of Gozo or Comino, or if the cause is

pending in Gozo and the party to whose oath reference is required

is in the Island of Malta, the provisions of article 606(3), (4) and

(5) shall apply with regard to the person by whom the deposition

under the reference is to be taken and the oath administered, as well

as with regard to the person by whom the expenses are to be

prepaid.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 710 Power to forbid presence of one party during deposition of another. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.276.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 711 Reference to oath of party absent not allowed. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall not be lawful to make reference to the oath of any

party who is absent from Malta.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 712 Deputing judicial assistant to take deposition upon reference of party who might die before day of trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where any party to a cause pending in any of the

superior courts, or in the Court of Magistrates (Gozo) in its

superior jurisdiction, desires to make a reference to the oath of the

other party and has reasons to fear that at the time of the hearing of

the cause, such party might be dead or unable, through absence

from the country, or sickness, to attend, it shall be lawful for the

party requiring the reference to demand, by means of an

application, that a judicial assistant be deputed to take down the

deposition on the reference in the manner laid down in articles 706

and 707, provided he presents, simultaneously with the application,

the questions, and the court considers such questions to be

admissible; and if the court accedes to the party’s request as

aforesaid, the order of the court shall be served on the person or

persons to whose oath reference is required. The party seeking the

reference shall pay for such service, saving any right of

reimbursement thereof in terms of the eventual decision of the

court.

(2) Where the impediment anticipated be that of absence, the

court shall appoint the place where the deposition on the reference

is to be taken.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 713 Evidence by reference admissible at any stage of proceedings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Reference to the oath of the other party shall be competent

in all cases, whether before or after the production of other

evidence, both before the first court and before the appellate court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 714 Evidence by reference may not be refused, even if no other evidence is available. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall not be lawful to refuse evidence by reference to the

oath of the other party, even though no other evidence is available

in support of the claim or defence in respect of which the reference

is required.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 715 Subject-matter of reference. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A reference to oath may be made in regard to the

whole matter in issue, or to any part thereof, as well as in regard to

any particular fact connected with the cause.

(2) Before the appellate court a reference to oath may be made

in regard to facts not included in the questions presented before the

court below; and it shall also be lawful for the appellate court upon

a demand to that effect to order an explanation in regard to answers

given before the court below.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 716 Power to defer back questions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The party to whose oath reference is made may defer

back the questions or any part thereof to the party referring.

(2) The provisions of this article shall not apply unless the

matter relates to a factum proprium of the party referring.

For the purposes of this article, any act whatsoever in which the

party referring participated or of which he has personal knowledge

shall be deemed to be a factum proprium of such party, whether he

appears in the proceedings in his own name or in the name of

others.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 717 Refusal of party to whom reference is made to answer or defer back questions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the party to whose oath a reference is made,

refuses to answer the questions or, in the cases provided under the

last preceding article, fails to defer them back to the oath of his

adversary, the questions shall be deemed to be proved in favour of

the party referring.

(2) Where, in the cases allowed by law, the questions have been

deferred back to the party referring and such party refuses to

answer them, the questions shall be deemed to be proved against

him.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 718 Retracting of questions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The party referring or deferring may not retract the

questions, if the adversary declares that he is prepared to answer.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 719 Party present in court to declare whether he intends answering or deferring back questions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The party to whose oath a reference is made shall, if

present at the hearing of the cause, forthwith declare whether he

proposes to answer the questions, or to defer them back to the

adversary.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 720 Suppletory oath. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the evidence produced is not of itself sufficient to

establish the proof required, and the court is of opinion that such

evidence, if supplemented by the oath of the party, would establish

to its satisfaction the proof required, it shall be lawful for the court

to require a suppletory oath.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 721 Oath may be administered before or after judgment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The suppletory oath may be administered either during the

hearing of the cause, or after the judgment if expressly ordered by

such judgment.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 722 Judgment to fix time within which suppletory oath is to be taken. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The judgment ordering the suppletory oath shall fix the

time within which such oath is to be taken.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 723 Oath in litem. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where a party who has proved his case generally is,

through the negligence or fraud of the opposite party, unable to

prove the amount, or the quantity, in whole or in part, due to him,

he shall be admitted, if the court deems it proper, to the oath in

litem.

(2) The party may also be admitted to such oath, independently

of any negligence or fraud of the opposite party, provided there are

sufficient inferences in support of the alleged amount or quantity.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 724 Party admitted to oath in litem to produce list of sums, etc., due. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The party applying to be admitted to the oath in litem,

shall produce a list showing distinctly the sums or things due to

him, and the amount or quantity in regard to which the oath is to be

taken, together with a declaration to the effect that he is prepared to

verify on oath the contents of such list, both as regards the

existence as well as the amount or quantity of the sums or things

stated therein.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 725 Power of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The amount or quantity shown on the list shall be accepted

by the court in so far as, having regard to all the circumstances of

the case, it shall deem it just

Provided that it shall be lawful for the court to require further

elucidations and for such purpose to appoint one or more experts.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 726 Applicability of article 606(3), (4) and (5). — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of article 606(3), (4) and (5) may also be

applied in the case of any of the oaths referred to in articles 720 and

723, if the party whose oath is required is residing outside the

jurisdiction of the superior or inferior court by which the oath is

ordained.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 727 Oaths to be administered by registrar. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving the provisions of articles 706, 707 and 708 and of

the last preceding article, the oaths referred to in the foregoing

articles of this sub-title shall be administered by the registrar.

Title II

O F P LEAS

Sub-title 1

O F P LEAS GENERALLY

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 728 Pleas to be raised in sworn answer. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Subject to the provisions of article 731 in actions

instituted by sworn application, all pleas whether dilatory or

touching the merits shall be raised in the sworn answer, as the case

may be. Those pleas touching the merits shall be raised without

prejudice to the dilatory pleas.

(2) No other pleas can be set up at a later stage; provided that

the court may on an application by the defendant or respondent

allow the setting up of additional pleas, if it is satisfied that there

were valid reasons for not including them in the note of pleas or in

the answer.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 729 Power of court to hear merits of case in order to dispose of preliminary plea. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the court deems it expedient, before proceeding further,

to deal with the dilatory plea, the court may hear the merits so far

as the same may affect the decision on the preliminary issue.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 730 Certain pleas to be determined under separate heads. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any plea to the jurisdiction of the court or to the capacity

of the parties, and any plea of compromise, arbitration, res

judicata, prescription, or nullity of acts, shall be determined under

a separate head, either before, or together with the decision on the

merits.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 731 Pleas which may be raised at any stage of proceedings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of article 728 shall not apply to such pleas

as by an express provision of this Code may be raised at any stage

of the proceedings, or to pleas the reason for which arises during

the trial.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 732 Peremptory pleas. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Saving always the provisions of this Code respecting

the production of evidence, peremptory pleas may be raised even

before the appellate court although they may not have been raised

before the court of first instance.

(2) Nevertheless, the plea of desertion of a cause shall be

deemed to have been waived, if not raised before any other

peremptory plea.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 732A Ex officio pleas raised by the court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving the provisions of any other law, in those instances

where the law allows the court to raise ex officio a plea in a

judgment without raising such plea prior to the action being put off

for judgment, without allowing the parties to take cognizance of

such plea before judgment is delivered, and without the parties

being allowed to produce such evidence or plead in relation to the

plea, the court shall not raise such a plea in its judgment but shall

raise such a plea in open court or by decree in camera and the

parties shall be allowed to produce evidence and make oral

submissions thereupon before judgment on the plea raised by the

court is delivered.

Sub-title II

O F THE C HALLENGE OF J UDGES AND MAGISTRATES AND OF

S URROGATION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 733 Challenge or abstention of judge. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The judges may not be challenged, nor may they abstain

from sitting in any cause brought before the court in which they are

a p p o i n t e d t o s i t , ex ce p t f o r a n y o f t h e r e a s o n s h e r e i n a f t e r

mentioned.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 734 Grounds for challenge or abstention of judge. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A judge may be challenged or abstain from sitting in a

cause -

(a) if he is related by consanguinity or affinity in a direct

line to any of the parties;

(b) if he is related by consanguinity in the degree of

brother, uncle or nephew, grand-uncle or grandnephew

or cousin, to any of the parties, or if he is related by

affinity in the degree of brother, uncle, or nephew, to

any of the parties;

(c) if he is the tutor, curator, or presumptive heir of any of

the parties; if he is or has been the agent of any of the

parties to the suit; if he is the administrator of any

establishment or partnership involved in the suit, or if

any of the parties is his presumptive heir;

(d) (i)

if he had given advice, pleaded or written on the

cause or on any other matter connected

therewith or dependant thereon;

(ii) if he had previously taken cognizance of the

cause as a judge or as an arbitrator

Provided that this shall not apply to any

decision delivered by the judge which did not

definitely dispose of the merits in issue or to any

judgment of non-suit of the plaintiff;

(iii) if he has made any disbursement in respect of

the cause;

(iv) if he has given evidence or if any of the parties

proposes to call him as a witness;

(e) if he, or his spouse, is directly or indirectly interested

in the event of the suit;

(f)

if the advocate or legal procurator pleading before a

judge is the son or daughter, spouse or ascendant of the

said judge;

(g) if the advocate or legal procurator pleading before a

judge is the brother or sister of the said judge;

(h) if the judge or his spouse has a case pending against

any of the parties to the suit of happens to be his

creditor or debtor in such manner as may reasonably

give rise to suspicion of a direct or indirect interest

that may influence the outcome of the case.

(2) A judge may be challenged or abstain from sitting in a

cause when he has previously taken cognizance of and expressed

himself on the same merits of that cause when sitting as a judge in

the Court of voluntary jurisdiction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 735 Abstention by judge. Written or oral declaration thereanent. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any judge being aware of the existence in his respect

of any of the grounds of challenge mentioned in the last preceding

article, shall make a declaration to that effect previously to the trial

of the cause, either verbally in open court, in which case a record of

such declaration shall be entered in the proceedings of the cause, or

in writing, in which case it shall be lodged in the registry before the

day appointed for the trial of the cause, notice thereof being given

to the parties.

(2) Nevertheless, it shall be lawful for the judge to hear and

determine the cause if the parties shall expressly give their consent

thereto, unless, in the particular circumstances of the case, he shall

deem it proper to abstain from sitting notwithstanding such

consent.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 736 Judge to sign applications or warrants despite being otherwise precluded from dealing with cause. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The existence of any of the grounds of challenge

mentioned in article 734 shall not preclude the judge from signing,

where necessary, any application, whether sworn or not, or warrant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 737 Objection to judge to be made in open court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any objection to a judge shall be raised by the parties in

open court, and the reasons thereof shall be alleged and, where

necessary, proved.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 738 Decision on grounds of challenge or abstention. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the court consists only of one judge and such

judge is objected to, he himself shall decide on the alleged ground

of challenge, and no appeal shall lie against his decision, and he

shall either abstain from sitting and rule that a surrogation of

another judge is required, or else proceed with the trial, as the case

may be.

(2) Where the court consists of more than one judge, all the

judges, including the one objected to, shall decide on the ground of

challenge, and where there is any reason to doubt as to whether an

alleged ground of abstention is a good ground or otherwise, all the

judges, including the judge alleging such ground, shall decide on

such ground.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 739 When objection to judge is not admissible. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The challenge of a judge shall not be admissible where the

party raising the objection, if the plaintiff, has already submitted

his claim at the trial, or, if the defendant, has already set up his

pleas in defence, unless the ground of challenge shall have arisen

subsequently, or unless the party raising the objection, or his

advocate, shall declare upon oath that he was not aware of such

ground, or that it did not occur to him at the time.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 740 Application of provisions to magistrates. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of this sub-title shall be applicable to

magistrates of the inferior courts.

Sub-title III

O F P LEAS TO THE J URISDICTION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 741 Plea to the jurisdiction. Grounds of plea. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful to plead to the jurisdiction of the court -

(a) when the action is not one within the jurisdiction of

the courts of Malta;

(b) when the action, although one within the jurisdiction

of the courts of Malta, is brought before a court

different from that by which such action is cognizable

Provided that if the court considers that the plea is

justified, the court shall by a decree in camera, which

shall not be subject to appeal, order that the acts of the

proceedings be transferred to the court, board or other

tribunal by which it considers that such action is

cognizable

Provided further that if the court, board or other

tribunal to which the acts of the proceedings are

transferred considers that it is not vested with

jurisdiction to take cognizance of the action

transferred to it, the court, board or other tribunal shall

within ten days from the receipt of the acts of the

proceedings or from the first hearing of the action

before it transmits the acts of the proceedings to the

court of appellate jurisdiction entitled to take

cognizance of appeals from judgments of the court,

board or other tribunal which court shall within thirty

days and by a decree in camera determine by which

court, board or other tribunal such action is

cognizable;

(c) when the privilege of being sued in a particular court

is granted to the defendant.

(d) Any reference to a "court" in the first sentence and in

paragraph (b) of this article shall be deemed to include a

reference to a Board or Tribunal established by law, so

however that when a cause is commenced before a Board

or Tribunal it may also be transferred for hearing before a

court in accordance with the provisions of paragraph (b) of

this article. When a cause is transferred to be heard in front

of the Court, Board or Tribunal in accordance with

paragraph (b) the said Court, Board or Tribunal may give

all orders and make provisions as necessary, subject to

such conditions and time limits as appear to them to be

appropriate, so that the hearing of the cause will proceed in

accordance with the formal and procedural requirements,

including those relating to the payment of fees, applicable

before that Court, Board or Tribunal.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 742 Persons subject to jurisdiction of civil courts of Malta. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Save as otherwise expressly provided by law, the civil

courts of Malta shall have jurisdiction to try and determine all

actions, without any distinction or privilege, concerning the

persons hereinafter mentioned

(a) citizens of Malta, provided they have not fixed their

domicile elsewhere;

(b) any person as long as he is either domiciled or resident

or present in Malta;

(c) any person, in matters relating to property situate or

existing in Malta;

(d) any person who has contracted any obligation in

Malta, but only in regard to actions touching such

obligation and provided such person is present in

Malta;

(e) any person who, having contracted an obligation in

some other country, has nevertheless agreed to carry

out such obligation in Malta, or who has contracted

any obligation which must necessarily be carried into

effect in Malta, provided in either case such person is

present in Malta;

(f)

any person, in regard to any obligation contracted in

favour of a citizen or resident of Malta or of a body

having a distinct legal personality or association of

persons incorporated or operating in Malta, if the

judgment can be enforced in Malta;

(g) any person who expressly or tacitly, voluntarily

submits or has agreed to submit to the jurisdiction of

the court.

(2) The jurisdiction of the courts of civil jurisdiction is not

excluded by the fact that a foreign court is seized with the same

cause or with a cause connected with it. Where a foreign court has a

concurrent jurisdiction, the courts may in their discretion, declare

defendant to be non-suited or stay proceedings on the ground that if

an action were to continue in Malta it would be vexatious,

oppressive or unjust to the defendant.

(3) The jurisdiction of the courts of civil jurisdiction is not

excluded by the fact that there exists among the parties any

arbitration agreement, whether the arbitration proceedings have

commenced or not, in which case the court, saving the provisions

of any law governing arbitration, shall stay proceedings without

prejudice to the provisions of sub-article (4) and to the right of the

court to give any order of direction.

(4) On the demand by any person being a party to an arbitration

agreement, the courts may issue any precautionary act, in which

case, if such party has not yet brought forward his claim before an

arbitrator, the time limits prescribed in this Code for bringing the

action in respect of the claim shall be twenty days from the date of

issue of the precautionary act.

(5) A precautionary act issued in terms of the preceding sub-

article shall be rescinded

(a) if the party against whom it is issued makes such

deposit or gives such security sufficient to secure the

rights or claims stated in the act; or

(b) if the applicant fails to bring forward his claim,

whether before the arbitrator or before the court,

within the said time limit of twenty days; or

(c) on the expiration of the duration, original or extended,

of the particular act in terms of this Code; or

(d) for just cause on the application of the debtor as the

court may deem proper in the circumstances.

(6) Where provision is made under any other law, or, in any

regulation of the European Union making provision different from

that contained in this article, the provisions of this article shall not

apply with regard to the matters covered by such other provision

and shall only apply to matters to which such other provision does

not apply.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 742A Immunity of the President of Malta. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No civil proceedings whatsoever shall be taken against the

President of Malta in respect of acts done in the exercise of the

functions of his office.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 742B Jurisdiction in rem against ships or vessels. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Save as otherwise expressly provided by law, the civil

courts of Malta shall have jurisdiction in rem against ships or

vessels in the following maritime claims

(a) any claim to the possession, ownership or title to or of

a ship or to the ownership of any share therein;

(b) any question arising between the co-owners of a ship

as to the ownership, possession, employment or

earnings of that ship;

(c) any claim in respect of a mortgage, hypothec or charge

on a ship or on any share therein;

(d) any claim arising out of the contract for the sale of the

ship;

(e) any claim for damage received by a ship;

(f)

any claim for damage done or caused by a ship, either

in collision or otherwise;

(g) any claim for loss of life or personal injury caused,

whether on land or on water, by any ship or occurring

in connection with the operation of any ship or

sustained in consequence of any defect in a ship or in

her apparel or equipment or in consequence of the

wrongful act, neglect or default of -

(i)

the owners, charterers or persons in possession

or control of a ship; or

(ii) the master or crew of a ship, or any other person

for whose wrongful acts, neglects or defaults the

owners, charterers or persons in possession or

control of a ship are responsible,

being an act, neglect or default in the navigation or

management of the ship, in the loading, carriage or

discharge of goods in, in or from the ship, or in the

embarkation, carriage or disembarkation of persons

on, in or from the ship;

(h) any claim for loss of or damage to goods, including

baggage, carried in a ship;

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(i)

any claim arising out of any agreement relating to the

carriage of goods in a ship or to the use or hire of a

ship, whether by charter party or otherwise;

(j)

any claim in the nature of salvage operations or any

salvage agreement including, if applicable, special

compensation relating to salvage operations in respect

of a ship which by itself or its cargo threatened

damage to the environment;

(k) any claim for -

(i)

damage or threat of damage caused by the ship

to the environment, coastline or related

interests;

(ii) measures taken to prevent, minimize or remove

such damage; and for compensation for such

damage;

(iii) costs of reasonable measures of reinstatement to

the environment actually undertaken or to be

undertaken;

(iv) loss incurred or likely to be incurred by third

parties in connection with such damage; and

(v) for damage, costs or loss of a similar nature to

those listed in sub-paragraphs (i) to (iv);

(l)

any claims regarding costs or expenses relating to the

raising, removal, recovery, destruction or the rendering

harmless of a ship which is sunk, wrecked, stranded or

abandoned, including anything that is or has been on

board such ship, and costs or expenses relating to the

preservation of an abandoned ship and maintenance of

her crew;

(m) any claim in the nature of towage in respect of a ship;

(n) any claim in the nature of pilotage in respect of a ship;

(o) any claim in respect of goods, materials, provisions,

bunkers, supplies and necessaries supplied or services

rendered to a ship for her operation, management,

preservation or maintenance;

(p) any claim in respect of the construction, re-

construction, repair, conversion or equipping of a ship;

(q) any claim in respect of port, dock or harbour dues and

charges;

(r) any claim by the master, officers, or member of the

crew, or complement of a ship, for wages and other

sums due to them in respect of their employment on

the ship including costs of repatriation, and social

security contributions payable on their behalf;

(s) any claim by a master, shipper, charterer or agent in

respect of disbursements made by them on account of

a ship or her owners;

(t)

any claim for commissions, brokerages, or agency fees

payable in respect of the ship, by or on behalf of the

ship owner or demise charterer;

(u) any claim arising out of an act which is or is claimed

to be a general average act;

(v) any claim arising out of bottomry;

(w) any claim for the forfeiture or condemnation of a ship

or of goods which are being or have been carried or

have been attempted to be carried in a ship or for the

restoration of a ship or any such goods after seizure;

(x) any claim for insurance premia, including mutual

insurance calls, in respect of the ship payable by or on

behalf of the ship owner or demise charterer;

(y) any claim for fees and other charges due to the

Registrar-General of Shipping and Seamen arising

under the provisions of the Merchant Shipping Act,

and any claim for tonnage dues.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 742C Action in rem in cases mentioned in article 742B(a) to (c). — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the cases mentioned in article 742B(a) to (c), an action

in rem may be brought before the civil courts of Malta against the

ship in connection with which the claim or question arises.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 742D Action in rem in cases mentioned in article 742B(d) to (y). — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Save for those claims which attract a special privilege in

accordance with article 50 of the Merchant Shipping Act, and

which, in terms of article 37D(3) of the said Act, survive the

voluntary sale of a vessel by up to one year, in the cases mentioned

in article 742B(d) to (y), an action in rem may be brought before

the civil courts of Malta against -

(a) that ship or vessel, where the person who would be

liable on the claim for an action in personam (''the

relevant person'') was, when the cause of action arose,

an owner or charterer of, or in possession or in control

of, the ship or vessel, if at the time when the action is

brought the relevant person is either an owner or

beneficial owner of that ship or the bareboat charterer

of it;

(b) any other vessel of which, at the time when the action

is brought, the relevant person is the owner or

beneficial owner as respects all shares in it.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 742E Jurisdiction in rem against aircraft. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Save as otherwise provided by law, the civil courts of

Malta shall have jurisdiction in rem against aircraft in the following

claims

(a) any claim to the ownership, or title to or of an aircraft,

or to the ownership of any share therein;

(b) any claim for possession of the aircraft;

(c) any claim in respect of a mortgage or international

interest registered in terms of the Aircraft Registration

Act;

(d) any claim giving rise to a special privilege in terms of

article 42(1) of the Aircraft Registration Act;

(e) any claim based on a registered non-consensual right

or interest registered in the International Registry in

terms of the First Schedule and article 42(2) of the

Aircraft Registration Act for which the owner of the

aircraft would be liable in personam;

(f)

any claim in the nature of salvage in respect of an

aircraft;

(g) any claim in the nature of towage in respect of an

aircraft;

(h) any claim in the nature of pilotage in respect of an

aircraft.

(2) The reference in sub-article (1)(f) to claims in the nature of

salvage includes a reference to such claims for services rendered in

saving life from an aircraft or in preserving cargo, apparel or wreck

as, under article 14 of the Civil Aviation Act, are authorized to be

made in connection with an aircraft.

(3) For the purposes of sub-article (1)(g) and (h), "towage" and

"pilotage" mean towage and pilotage while the aircraft is

waterborne.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 742F Action in rem. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) An action in rem may be brought against the relevant

aircraft before the civil courts of Malta on a claim mentioned in

article 742E when

(a) the claim arises in connection with that aircraft;

(b) the person who would be liable on the claim for an

action in personam ("the relevant person") was, when

the cause of action arose, the owner or lessee of, or in

possession or in control of, the aircraft, if at the time

when the action is brought the relevant person is either

an owner or beneficial owner of that aircraft or the

lessee of that aircraft under a dry lease agreement; and

(c) the relevant threshold for the issue of a warrant of

arrest of aircraft as provided in article 865E is

satisfied.

(2) Notwithstanding the previous sub-article, in the case of a

claim in terms of article 742E(1)(e), (g) and (h) in respect of an

aircraft, an action in rem may be brought before the civil courts of

Malta against the aircraft only if, at the time when the action is

brought, it is beneficially owned by the person who would be liable

on the claim in an action in personam.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 742G Jurisdiction in rem against aircraft engines. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Save as otherwise provided by law, the civil courts of

Malta shall have jurisdiction in rem over aircraft engines in the

following claims

(a) any claim to the ownership, or title to or of an aircraft

engine, or to the ownership of any share therein;

(b) any claim for possession of the aircraft engine;

(c) any claim in respect of an international interest in an

engine which international interest is registered or

recognised in terms of the Aircraft Registration Act;

(d) any claim giving rise to a special privilege over an

engine in terms of article 42(1) of the Aircraft

Registration Act;

(e) any claim based on a registered non-consensual right

or interest registered in the International Registry in

terms of the First Schedule and article 42(2) of the

Aircraft Registration Act.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 742H Action in rem in cases mentioned in article 742G. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) An action in rem may be brought against the relevant

a i r c r a f t e n g i n e b e f o r e t h e ci v i l co u r t s o f M a l t a o n a c l a i m

mentioned in article 742G when

(a) the claim arises in connection with that aircraft engine;

(b) the person who would be liable on the claim for an

action in personam ("the relevant person") was, when

the cause of action arose, the owner or lessee of, or in

possession or in control of the aircraft engine, if at the

time when the action is brought the relevant person is

either an owner or beneficial owner of that aircraft

engine or the lessee of that aircraft engine under a dry

lease agreement; and

(c) the relevant threshold for the issue of a warrant of

arrest of the aircraft or seizure of an aircraft engine as

provided in article 865E is satisfied.

(2) Notwithstanding the provisions of the previous sub-article,

in the case of a claim in terms of article 742E(1)(e) in respect of an

aircraft engine, an action in rem may be brought before the civil

courts of Malta against the aircraft engine only if, at the time when

the action is brought, it is beneficially owned by the person who

would be liable on the claim in an action in personam.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 743 Party against whom counter- claim is set up, subject to jurisdiction of the courts of civil jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The party against whom the defendant in an action

brought by such party sets up a counter-claim shall also be subject

to the jurisdiction of the courts of civil jurisdiction.

(2) The provision of this article shall also apply in the cases

referred to in article 402.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 744 Where counter- claim may be set up in other competent court in Malta. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of the last preceding article shall apply

also in the case where the counter-claim may not, for other reasons,

be set up before the court before which the original action has been

brought; in such case, the claim of the defendant, if connected with

the subject of the action of the plaintiff on any of the grounds

mentioned i n article 396, may be brought b efore any other

competent court in Malta.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 745 Rules as to jurisdiction between the several courts of Malta. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In regard to the jurisdiction as between the several courts

of Malta, by reason of the presumed residence of parties, absent or

under any legal disability, or of any body corporate or other body

having a distinct legal personality, unless for other reasons the

action be within the exclusive jurisdiction of one of the said courts,

the following rules shall be observed

(a) citizens of Malta and all other persons domiciled in

Malta, who are absent therefrom, shall be presumed to

be resident in their last place of abode in Malta;

(b) any other person, not domiciled in Malta, shall, in the

cases referred to in article 742(1)(c) and (f), be

presumed to be resident in the place in which the

property is situate or exists, notwithstanding that the

action be not, for such reason, within the exclusive

jurisdiction of the court of the aforesaid place;

(c) a minor subject to parental authority is presumed to

reside in the place in which the parent exercising that

authority resides;

(d) any person under the care of a tutor or curator is

presumed to reside in the place in which the tutor or

curator or any one of the tutors or curators resides;

(e) any body corporate or other body having a distinct

legal personality, is presumed to have its residence in

the place in which any one of the representatives of

such body or person resides;

(f)

any person represented by an attorney or agent in

Malta, or who is allowed to sue and to be sued in the

person of his attorney or agent, is presumed to be

resident in the place in which the attorney or agent or

any one of the attorneys or agents, if more than one,

resides, if the action is brought against such attorney

or agent;

(g) in regard to a vacant inheritance, the competent court

shall be that of the last place of abode of the deceased,

where such place is known; where such place is not

known, the competent court shall be that of the place

in which the property is situate or exists, or if there is

no property, the court of the place in which the

plaintiff resides.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 746 Plea to jurisdiction based on value of thing in issue. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the plea to the jurisdiction of a particular court

depends on the value of the thing in issue, the rules contained in the

following articles shall be observed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 747 Uncertain or indeterminate value. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) An uncertain or indeterminate value shall always be

d e e m e d to be ou ts i de th e j ur isd ic t ion o f a co ur t of l im i te d

jurisdiction.

(2) The following actions shall always be deemed to be of an

indeterminable value

(a) actions

touching

any

honour,

prerogative

or

prominence;

(b) actions as to filiation, adoption, interdiction or

incapacitation of persons with a mental disorder or other

condition, which renders them incapable of managing their

own affairs, or persons insane or prodigal; or as to any

tutorship or curatorship, or, generally as to the status

of any person;

(c) actions in which the value of the thing in issue does

not result from the demand of the plaintiff, and is not

determinable under any of the rules set forth in the

following articles.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 748 Determination of value by the demand. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The value of the thing in issue is determined by the

demand-

(a) when the demand is for the payment of a fixed sum;

(b) when the demand is for a thing the value of which is

determined in the title which gives cause to the action,

or in any other writing binding upon the parties, or by

common repute, or by the market price.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 749 Determination of value of immovable property, — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the value of any immovable property is not

determined in the manner stated in the last preceding article, such

value is determined by the net amount of the rent of the last

preceding year, multiplied by twenty-five.

(2) The rule prescribed in sub-article (1) shall also apply for

the purpose of determining -

(a) the value of a right in perpetuity to ground-rents,

annuities, or other yearly payments;

(b) the value of the thing in issue, in any action touching

the revision of an emphyteutical grant in consequence

of forfeiture or expiration.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 750 Determination of value of right to ground-rents, etc., for a determinate period. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The value of a right to ground-rents, annuities, or other

yearly payments for a determinate period, is determined by the total

amount of the net income for the remaining period of time,

reckoning the yearly income, where the same is not otherwise

determined, on the basis of the income of the last preceding year.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 751 Determination of value of right to annuities for life or for indeterminate period. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the right mentioned in the last preceding article is for

the lifetime of any person, or for an indeterminate period, the value

is determined by the net income of the last preceding year

multiplied by ten.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 752 Determination of value in actions for maintenance. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In actions for maintenance the value of the claim shall be

the equivalent to the amount of maintenance claimed to be due in

five years.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 753 Determination of value in actions touching obligations the amount whereof is payable by instalments, — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In actions touching the performance of an obligation

the amount whereof is to be paid by instalments, the value is

determined by the amount claimed in respect of the instalment or

instalments fallen due up to the day of the claim.

(2) When the object of the claim is to enforce or avoid an

obligation, the value is determined by the full amount of the

obligation.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 754 Avoidance of obligation ope exceptionis. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The rule laid down in sub-article (2) of the last preceding

article shall apply also in the case where the obligation is sought to

be avoided by way of defence

Provided that in such case the court, if it declares the issue so

raised to be outside its jurisdiction, shall reserve the costs of the

proceedings before it for decision by the court before which the

action is subsequently brought.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 755 Determination of value in actions touching contracts of lease, — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In actions touching the existence or validity of any contract

of lease, or the determination of any lease before the term agreed

upon, the value is established -

(a) in the first case, by the total amount of the rent in

respect of the whole period for which it is claimed that

the contract is operative; and

(b) in the second case, by the total amount of the rent in

respect of the whole period remaining for the

completion of the contract.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 756 in actions of ejectment of tenants. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The rule laid down in paragraph (b) of the last

preceding article shall apply to actions for the ejectment of tenants

for arrears of rent, or for any other lawful cause.

(2) Where the ejectment is demanded after the expiration of the

lease, the value is determined by the amount of the rent of one year,

or, where the yearly rent in respect of urban property is payable by

instalments, by the amount of one instalment.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 757 Where no determinate period is alleged, — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the actions referred to in the last two preceding

articles, where it is not alleged that the lease was contracted for a

determinate period, the value is determined by the amount of each

termly payment, if the lease is in respect of urban property, or by

the rent of one year, if the lease is in respect of rural property.

(2) If the defendant alleges that the lease was contracted for a

determinate period by reason of which the court declares the matter

to be outside its jurisdiction, the provisions of article 754 shall

apply as regards the reservation of costs.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 758 Determination of value in actions relating to rendering of accounts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In actions concerning the rendering of accounts in

connection with the administration of sums of money, the value of

the thing in issue is determined by the amount of such sums.

(2) If the administration is in respect of immovable property,

the value of the thing in issue is determined by the yearly rent,

without any deduction therefrom, multiplied by the number of

years involved in the claim of the plaintiff.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 759 Actions for payment of several sums due for different causes. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the plaintiff claims payment of several sums due for

different causes, the value is determined by the highest sum,

irrespective of the smaller sums.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 760 Actions relating to capital and interest. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In actions concerning capital and interest, the value is

determined by the aggregate amount of capital and interest.

(2) Where the plaintiff, on being called upon by the court or by

the defendant, refuses to state the period of time which has elapsed

since he last received payment of the interest, the value in respect

of such interest shall be determined by computing the amount

thereof from the time when such interest was agreed upon.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 761 Valuation by expert. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In all cases not provided for in the foregoing articles of

this sub-title, any value which is uncertain may be determined by a

valuation made by experts or by a declaration of the plaintiff to the

effect that he is prepared to accept a fixed sum of money in lieu of

the thing in issue.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 762 Appointment of expert. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The valuation in the case referred to in the last

preceding article shall be made by one expert only.

(2) If the parties do not agree in naming the expert to be

appointed, the expert shall be chosen and appointed by the court.

(3) The expert so appointed by the court may only be

challenged for good cause.

(4)

No appeal shall lie from the valuation of the expert.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 763 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In order to determine the court to which an appeal

from a judgment of the Court of Magistrates (Gozo) may be

brought in cases where the value may only be determined by a

valuation of experts, such valuation shall be made in the manner

provided in the last preceding article, in pursuance of an order of

the said Court of Magistrates upon a demand, which may be even

verbal, of both parties or one of them, within the time of six

working days from the day of the judgment.

(2) The report shall be sworn by the expert in the presence of

the registrar, and inserted in the record.

(3) The demand for the valuation may also be made during the

hearing of the cause.

(4) The default of a valuation made under sub-article (1) within

the period therein prescribed shall not be a cause of the nullity of

the appeal if, upon a valuation made in pursuance of an order of the

court before whom the appeal has been brought, it results that the

matter of the claim is, by reason of its value, within the appellate

jurisdiction of that court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 764 Valuation of expert appointed by parties. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A valuation made by one or more experts appointed by

consent of both parties, and verified on oath by the expert or

experts in the presence of the registrar, shall, for the purposes of

articles 761 and 763, have the same effect as a valuation made by

an expert appointed by the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 765 Fruits, etc., not to be reckoned in determining value. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

For the purpose of determining the value of the thing in

issue, no regard whatever shall be had to any fruits, accession,

damages or interest, which may accrue or arise pending the suit.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 766 Determination of value for purposes of jurisdiction only to form basis of taxation of judicial costs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The value determined for the purpose of establishing the

jurisdiction of the court shall not be availed of for any other

purpose, except for regulating the taxation of judicial costs.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 767 Privilegium fori. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The privilege referred to in article 741(c) is granted to

parties residing in the Island of Malta with reference to the courts

of such Island, and to parties residing in either of the Islands of

Gozo and Comino with reference to the court of such Islands.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 768 Rules as to jurisdiction where some defendants reside in Malta and some in Gozo or Comino. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the number of the defendants residing in Malta

exceeds that of the defendants residing in the Islands of Gozo and

Comino, each of the defendants residing in Malta may deny the

jurisdiction of the court of Gozo; and where the number of the

defendants residing in the Islands of Gozo and Comino exceeds that

of the defendants residing in Malta, each of the defendants residing

in Gozo or Comino may deny the jurisdiction of the court of Malta.

(2) Where the jurisdiction of a court is denied by one of the

parties, such court shall cease to have jurisdiction in regard to all

the parties.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 769 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the number of the defendants residing in the Island

of Malta is equal to that of the defendants residing in the Islands of

Gozo and Comino, the privilegium fori shall cease.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 770 or where action touches obligation to be carried out in one particular Island. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The privilegium fori shall also cease, where the action

touches an obligation which, according to the agreement, was to be

carried out in any one particular Island.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 771 Privilegium fori may not be claimed by heir if it could not be claimed by predecessor. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The privilegium fori may not be claimed by the heir,

where, for the reason mentioned in the last preceding article, it

could not have been claimed by his predecessor.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 772 Express or tacit waiver of privilegium fori. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The privilegium fori may be waived, and if not claimed

shall be deemed to be waived. The contumacy of the party shall be

equivalent to a claim to such privilege.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 773 Jurisdiction not affected by reason of the place where thing is. Jurisdiction ratione depositi. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Subject to the provisions of article 745(b) and (h), if a

particular court in Malta is otherwise competent, such competence

shall not be affected by reason of the place in Malta where the thing

is

Provided that in actions touching the recovery of deposits, the

competent court shall be that under the authority of which the

moneys or other things are deposited.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 774 Where want of jurisdiction is to be declared by court of its own motion. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the absence of any plea to the jurisdiction, the court

shall, of its own motion, declare that it has no jurisdiction -

(a) where the action is not one within the jurisdiction of

the courts of civil jurisdiction of Malta and the

defendant has either made default in filing the

statement of defence or is an absent defendant

represented in the proceedings by curators appointed

in terms of article 929; or

(b) where by reason of the subject matter of the claim or

of the value of the thing in issue, the action is not

within the jurisdiction of the court; or

(c) where in actions touching the recovery of deposits, the

monies or other things are deposited under the

authority of another court

Provided that in the cases referred to in paragraph (b) pleas to the

jurisdiction may not be pleaded nor raised ex officio in an appellate

court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 775 Conflicting decisions as to jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where two or more courts have respectively declared their

want of jurisdiction in regard to a particular action, which,

nevertheless, is within the jurisdiction of one of such courts, it shall

appertain to the Court of Appeal to determine which of such courts

is competent, notwithstanding that no appeal from any of the

decisions of such courts has been brought before the said Court of

Appeal in the ordinary way.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 776 Procedure. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the issue has not been brought before the Court of

Appeal by an appeal in the ordinary way, it shall be lawful at any

time for the purposes of the last preceding article, to make an

application to that court and that court shall, after hearing the

parties, determine which of the said courts is the competent court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 777 Court of first instance declared competent by Court of Appeal, to take cognizance of action. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court of first instance which is declared by the Court

of Appeal to be the competent court, shall take cognizance of the

action.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 778 Question of jurisdiction ratione materiae. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.290.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 779 Question of jurisdiction as between civil and commercial division of Gozo court in its superior jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.290.

Sub-title IV

O F THE P LEA AS TO THE C APACITY OF THE P LAINTIFF OR

D EFENDANT

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 780 Plea as to capacity of plaintiff or defendant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The plea as to the capacity of the plaintiff or the defendant

may be raised, if the one or the other is under any legal disability to

sue or be sued or if he sues or is sued in the name and on behalf of

others without being lawfully authorized for the purpose.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 781 Incapacity to sue or be sued. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The following persons may not sue or be sued

(a) a minor, except in the person of the parent exercising

parental authority, or, in the absence of such parent, of

a tutor or a curator;

(b) an insane person, a person with a mental disorder or other

condition, which renders him incapable of managing his

own affairs, and any other person who is not vested with

the free exercise or administration of the rights to

which the action refers, except in the person of the

party to whom such administration is lawfully

entrusted, or of a curator ad litem.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 782 Exceptions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of article 781 shall not apply to -

(a) any minor, if such child carries on trade with the

consent of the parent exercising parental authority even

though the action touches matters not relating to trade,

or if the said parent has expressly given his assent for

the child to sue or be sued without his assistance;

(b) any minor in any action against the said parent

provided the child is represented by a curator ad litem.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 783 Appointment of curator ad litem. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the cases referred to in this sub-title, the curator ad

litem may be appointed by the same court before which the action

has been brought, or is about to be brought, upon the application of

any person interested.

(2) The application for the appointment of a curator to

represent a minor who desires to sue, may be made by any person.

(3) The application for the appointment of a curator shall not

be entertained by the court if the person in respect of whom such

appointment is applied for is already represented by a tutor or a

curator, unless the action is against such tutor or curator.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 784 Authorisation of court instead of consent of parent. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the parent exercising parental authority, owing to absence

or for other reasons, is unable or refuses to appear for his child, or is

unable or refuses to give his consent for his child to sue, the requisite

authorisation may be granted by the court of voluntary jurisdiction, if

such court shall deem fit to grant such authorisation.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 785 General authority by court to child. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the case referred to in article 784, it shall be lawful

for the court of voluntary jurisdiction to grant to the child a general

authorization to sue or be sued in any action which may be pending

at the time, or which may thereafter be brought.

(2) The court may grant such authorization under such special

conditions as it may deem proper, according to circumstances.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 786 Plea as to capacity of person may not be raised against procurator of revenue of Diocesan Bishop of Malta, — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall not be lawful to raise the plea as to the

capacity of a party suing or sued in the name and on behalf of any

other party against the Economo or other official performing an

equivalent function at the Archbishop’s Curia in Malta and at the

Bishop’s Curia in Gozo, against any of the persons mentioned in

article 180(1)(a).

(2) Nor may such plea be raised against the Attorney General or

against the State Advocate in any action in which they are especially

authorised by law to appear, or where they are authorized by the

competent authority to appear in regard to any action touching public

policy, and in so far as the public interest is concerned.

(3) Nor may such plea be raised against any official in charge

of any branch of the public service in Gozo, who appears before the

Court of Magistrates (Gozo) in connection with matters pertaining

to his office, provided the head of the department to which the said

official may by reason of such office belong, be residing in Malta;

in such cases, the provisions of this Code relating to heads of

departments, shall be applicable to such official.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 786A When plea of incapacity is not allowed. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall not be lawful to raise the plea of incapacity of a

party against any of the persons mentioned in article 181A(2) in the

case of a body having a distinct legal personality, and in the case of

any person mentioned in article 187(7) in the case of a ship or other

vessel.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 787 Nullity of acts by or against persons under disability. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any judicial act performed by, or against, any person

who is under disability to sue or be sued, and not duly authorized

for the purpose, is null.

(2) Any nullity arising from minority may not be alleged

except by the minor himself or his heir.

(3) Any nullity from want of assent of the parent, may not be

alleged except by the parent; nor may it be alleged by the parent

after the child ceases to be subject to parental authority.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 788 Cure of defect of nullity. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The defect of nullity may be cured, if the parent exercising

parental authority or the curator, appearing of his own will, or on

being made a party to the suit, affirms the acts.

Sub-title V

O F THE P LEA OF N ULLITY OF J UDICIAL A CTS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 789 Plea of nullity of judicial acts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The plea of nullity of judicial acts is admissible -

(a) if the nullity is expressly declared by law;

(b) if the act emanates from an incompetent court;

(c) if the act contains a violation of the form prescribed by

law, even though not on pain of nullity, provided such

violation has caused to the party pleading the nullity a

prejudice which cannot be remedied otherwise than by

annulling the act;

(d) if the act is defective in any of the essential particulars

expressly prescribed by law

Provided that such plea of nullity as is contemplated in

paragraphs (a), (c) and (d) shall not be admissible if such defect or

violation is capable of remedy under any other provision of law.

(2) The plea of nullity of an act, under sub-article (1)(c), shall

not be admissible if the party pleading such nullity has proceeded,

or has knowingly suffered others to proceed, to subsequent acts,

without pleading such nullity.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 790 Where plea of nullity of judgment may not be entertained. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where before an appellate court the plea of nullity of a

judgment appealed from is raised, such plea shall not be entertained

if the judgment is found to be substantially just, unless such plea is

founded on the want of jurisdiction or default of citation, or the

incapacity of the parties, or on the judgment of the court of first

instance being extra petita or ultra petita or on any defect which

prejudices the right to a fair hearing.

Sub-title VI

O F P LEAS IN S POLIATION S UITS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 791 Pleas in spoliation suits. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The defendant in a spoliation suit brought within the

period of two months from the day on which the spoliation took

place may not raise any plea other than dilatory pleas, before he

shall have restored the thing to its former condition and fully

revested the party despoiled within the time which, according to

circumstances, may have been fixed in the judgment, without

prejudice to any other right appertaining to the defendant.

(2) The provisions of this article shall also apply in the case

where a tenant has been dispossessed of the thing let out to him

whether by the lessor or by a third party.

(3) The court shall limit its inquiry to the question of

possession or detention, and to the question of spoliation.

(4) In a spoliation suit the depositions of witnesses given in

criminal proceedings for an offence under article 85 of the Criminal

Code for the same conduct concerned in the suit shall be admissible

as evidence in the suit without prejudice to the right of the other

party to cross-examination.

Sub-title VII

O F THE P LEA OF L IS A LIBI P ENDENS OR OF

C ONNECTION OF A CTIONS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 792 Lis alibi pendens. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where an action is brought before a competent court after

another action in respect of the same claim has already been

brought before another competent court, the second action may be

transferred for trial to such other court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 793 Connection of actions, — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If two or more actions brought before one and the

same court are connected in respect of the subject-matter thereof,

or if the decision on one of the actions might affect the decision on

the other action or actions, it shall be lawful for the court to order

that the several actions be tried simultaneously.

(2) Where several actions have been tried simultaneously

before the court of first instance, they may be tried in like manner

before the appellate court, without the necessity of any other order

of the court.

(3) Nevertheless a separate judgment shall be given in each

action, both in the court of first instance and in the appellate court,

every judgment containing a statement of the respective reasonings,

or a reference to the reasonings premised to the decision given in

any other of the actions heard simultaneously.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 794 Period within which to oppose plea. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The plea of lis alibi pendens or of connection of

actions may be raised at any time until judgment is delivered.

(2) The court shall determine the plea; and if such plea is

disallowed, the court may at the same time decide on the merits of

the action.

(3) Where an application to the Civil Court, First Hall has been

m a d e un d e r a r t i c l e 3 55 o f t h e M e r c h a n t S h i p p in g A c t , t h e

foregoing provisions of this article shall apply only to the extent

that they are not inconsistent with the provisions of that article.

Sub-title VIII

O F THE P LEA AS TO B ENEFICIUM E XCUSSIONIS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 795 Plea as to beneficium excussionis. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The defendant who pleads the benefit of discussion shall

present during the hearing of the cause, or previously, a list

showing distinctly the property situate in Malta, possessed by the

party of whom discussion is pleaded, and sufficient to satisfy the

claim of the plaintiff.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 796 Deposit of costs of discussion. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the plea of discussion is admitted, the defendant shall,

within the time fixed by the court, deposit in favour of the plaintiff

a sum to be also fixed by the court to meet the costs which will be

occasioned by the discussion, and bind himself to provide the

plaintiff with such further sum as may become necessary for the

purpose.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 797 Suspension of proceedings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Upon compliance with the requirements of the last

preceding article, the court shall order that the proceedings of the

cause in which the plea of discussion has been raised, be suspended

indefinitely or for a fixed time, according to circumstances.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 798 Default of defendant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If, on the contrary, the defendant fails to comply within

the said time with any of the requirements above-mentioned, the

cause shall be proceeded with irrespective of the plea of discussion.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 799 Cause to be proceeded with if claim is not wholly satisfied. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The provisions of the last preceding article shall

apply also in the case where the plaintiff shall not succeed in

recovering the whole amount of his claim out of the property

mentioned in the list referred to in article 795.

(2) Nevertheless in any such case, the defendant may be

allowed to indicate other property, if he shows to the satisfaction of

the court, that at the time of the decree suspending the proceedings

of the cause he was not aware of the existence of such other

property.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 800 Discussion of other property. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the defendant is allowed to indicate other property, the

provisions of articles 796 to 799 shall apply.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 801 Plea may be waived. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall be lawful for the defendant to waive the plea

of discussion previously raised by him, and demand that the cause

b e di s p os e d of eve n th o ug h t he p lai n ti ff m a y h a v e a lr e a d y

commenced the procedure of discussion.

(2) In such case, the costs incurred in connection with the

procedure of discussion shall be borne by the defendant.

Sub-title IX

O F THE P LEA OF F ALSIFICATION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 802 Plea of falsification. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The plea of falsification may be raised not only by the

party to whom the document is attributed but also by any other

party against whom the document is produced.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 803 Where cause can be decided irrespective of plea. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the cause can be decided independently of the

document averred to be false, the court shall decide on the merits,

irrespective of the plea of falsification.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 804 Plea to be determined independently of criminal action. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The plea of falsification

shall

be

determined

independently of any criminal action.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 805 Arrest of person suspected of falsification. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If, at any stage of the proceedings, it shall appear to the

court that there are strong grounds to suspect the falsification of

any document, it shall of its own motion order the party suspected

of such falsification to be arrested and brought before the Court of

Magistrates, in order that he may be dealt with according to law.

Title III

O F THE C HANGE OF P ARTIES BY D EATH, ETC.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 806 Where party to suit dies. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the case of death pendente lite of any party to a suit, the

heir or executor of such party, or any other person interested may

make an application for an order enabling him to continue the suit

in substitution for the party deceased.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 807 Continuation of suit by presumptive heir or curators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where no application is made by any person to

continue the suit in substitution for the deceased party, it shall be

lawful for the other party, by means of an application, to demand

that the suit be continued in the name of the presumptive heir or

heirs of the deceased party, if known.

(2) Such application shall by order of the court, be served on

the presumptive heir or heirs who shall have the time of one month

within which to declare whether he or they are prepared to continue

the suit.

(3) If no such declaration is made, then the court shall of its

own motion proceed to appoint a curator ad litem to represent the

interests of the deceased in the suit in accordance with article 809.

(4) Where no person entitled to represent the deceased is

known, such application may contain only the demand for the

appointment of curators to continue the suit.

(5) The curator shall take all the necessary measures to identify

and locate the presumptive heir or heirs of the deceased and when

the presumptive heir or heirs are identified and located the curator

shall request the court to notify him or them about the pendency of

the case ordering him or them to declare within a specified time

whether he or they are prepared to continue the suit.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 808 Default of heir, etc., to continue suit not to imply renunciation of inheritance, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The default of the heir or executor to continue the suit

shall not imply renunciation of the inheritance or executorship; and

it shall be lawful for the heir or executor, by application, upon

proving his title to the court, to assume at any time the continuation

of the suit, and cause the effect of the appointment of curators to

cease in regard to further proceedings. The application shall be

served on the curators and the other parties in the suit who may file

an answer thereto within such time as the court may establish.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 809 Service of banns on presumptive heir. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The banns for the appointment of curators shall be served

on the presumptive heir or heirs, if known; and if unknown such

banns shall be published twice, in at least two daily newspapers, at

an interval of one week between such publications, at the expense

of the applicant without the need of any notification.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 810 Acceptance of curatorship. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall also be lawful for a party who has not as yet

declared his acceptance of the inheritance or executorship, to

appear and accept the appointment as curator, and in such capacity

continue the suit.

(2) It shall be lawful for the court, if it deems it expedient, to

appoint, in addition to the said heir or executor, a curator from

among the advocates on the rota referred to in article 91.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 810A Change of parties due to other causes. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the case of any other change of parties to the suit other

than by the death pendente lite of any party to the suit, the person

who wishes to take up the case shall file an application requesting

authorisation to assume the acts of the case in addition to or instead

of the party concerned, and any judgment shall also bind such party

assuming the acts.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 810B Continuation of suit in the absence of an application or of a curator. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where, within six months from the death pendente lite of

any party to a suit, no application is made by any person to

continue the suit in substitution of the deceased party or where

during the said time no application has been filed by a party to the

suit demanding that the suit be continued in the name of the

presumptive heir or heirs of the deceased party, the suit shall

continue in the name of the deceased party and any judgement

delivered in such suit shall be enforceable against the heirs of the

said deceased party

Provided that notwithstanding the lapse of the six month

period stipulated in this article, any interested person as referred to

in article 806 and the other party as referred to in article 807 may,

until such time when the suit is adjourned for judgement or after

judgement in the case that the said person or party files an

application of appeal, avail himself of the provisions of the said

articles 806 or 807 respectively

Provided further that no judgement delivered in respect of a

deceased party shall be deemed to be null or defective only by reason

of the fact that the period of six months referred to in this article had

not lapsed at the time when the suit was adjourned for judgement.

Title IV

O F N EW T RIAL

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 811 New trial of decided causes. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A new trial of a cause decided by a judgment given in

second instance or by the Civil Court, First Hall, in its

Constitutional Jurisdiction, may be demanded by any of the parties

concerned, such judgment being first set aside, in any of the

following cases

(a) where the judgment was obtained by fraud on the part

of any of the parties to the prejudice of the other party;

(b) where the sworn application was not served on the

party cast, provided that, notwithstanding such

omission, such party shall not have entered an

appearance at the trial;

(c) where any of the parties to the suit was under legal

disability to sue or be sued, provided no plea

thereanent had been raised and determined;

(d) where the judgment was delivered by a court having no

jurisdiction in terms of article 741(a), provided no plea

thereanent had been raised and determined;

(e) where the judgment contains a wrong application of

the law;

For the purposes of this paragraph there shall be

deemed to be a wrong application of the law only

where the decision, assuming the fact to be as

established in the judgment which it is sought to set

aside, is not in accordance with the law, provided the

issue was not in reference to an interpretation of the

law expressly dealt with in the judgment;

(f)

where judgment was given on any matter not included

in the demand;

(g) where judgment was given in excess of the demand;

(h) where the judgment is conflicting with a previous

judgment given in a suit on the same subject-matter

and between the same parties, and constituting a res

judicata, provided no plea of res judicata had been

raised and determined;

(i)

where

the

judgment

contains

contradictory

dispositions;

(j)

where the judgment was based on evidence which, in a

subsequent judgment, was declared to be false or

which was so declared in a previous judgment but the

party cast was not aware of such fact;

(k) where, after the judgment, some conclusive document

was obtained, of which the party producing it had no

knowledge, or which, with the means provided by law,

he could not have produced, before the judgment;

(l)

where the judgment was the effect of an error resulting

from the proceedings or documents of the cause.

For the purposes of this paragraph there shall be

deemed to be such error only where the decision is

based on the supposition of some fact the truth

whereof is incontestably excluded, or on the

supposition of the non-existence of some fact the truth

whereof is positively established, provided that, in

either case, the fact was not a disputed issue

determined by the judgment.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 812 New trial of causes decided in first instance. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A new trial may also be demanded in respect of a cause

decided by a judgment of a court of first instance and constituting a

res judicata, by any of the parties concerned, on any of the grounds

m e n ti o ne d i n t h e la s t p r e c e d ing a r ticle, p rovide d the fa cts

constituting the grounds for such new trial shall have come to the

knowledge of the party after the expiration of the time limited for

the appeal.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 813 Extent of admissibility of new trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A new trial shall not be granted except on any of the

grounds mentioned in article 811 and shall not be granted except in

regard to such heads of the judgment complained of in respect of

which any of such grounds exists and in regard to such other heads

as are dependent thereon.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 814 Court to which demand for new trial is made. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Subject to the provisions of Sub-title II of Title II of Book

Third of this Code the demand for a new trial shall be made to the

court by which the judgment complained of was given, and the

same judges or magistrates may sit.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 815 Form of demand for new trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the superior and inferior courts, the demand for a new

trial shall be made, before a court of first instance, by means of a

sworn application, and before a court of second instance, by means

of an application; the application shall be accompanied by security

for costs in terms of article 249.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 816 Contents of sworn application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the application, whether sworn or not, the plaintiff shall

distinctly state the heads of the judgment which are complained of,

and the grounds for the new trial in the terms in which they are

stated in article 811, making reference to the relative provisions of

that article. Moreover, the plaintiff shall state, in a concise and

clear manner, the facts giving rise to every such ground; and where

the ground is the wrong application of the law, the plaintiff shall

make reference to the law which should have been applied.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 817 Where demand is by writ of summons. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.302.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 818 Time for demanding new trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)

The time for demanding a new trial is three months,

which shall commence to run -

(a) in regard to the cases referred to in article 811(a) and

(k), from the day on which the fraud was discovered,

or the document obtained;

(b) in regard to the case referred to in paragraph (b), from

the day on which the plaintiff became aware of the

judgment;

(c) in regard to the cases referred to in paragraph (j), if the

falsity was, at the suit or complaint of the plaintiff

himself, declared subsequently to the judgment

complained of, from the day of such declaration, and if

it was declared subsequently to such judgment, but at

the suit or complaint of other parties, or if it was

declared previously, from the day on which the

plaintiff became aware of such declaration;

(d) in regard to all other cases, from the date of the

judgment complained of.

(2) A new trial may in no case be demanded after the lapse of

five years from which the first judgment was given.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 819 Time to be peremptory and to run against minors, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The time limited in the last preceding article is

peremptory.

(2) Such time shall run indiscriminately even against minors

and persons interdicted.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 820 If new trial is allowed, rehearing of cause to be proceeded with. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If a new trial is granted, the judgment complained of

being set aside, the rehearing of the cause in respect of the merits

shall be proceeded with on the same day or on some other day

appointed by the court.

(2) Nevertheless a separate judgment shall in all cases be given

on the demand for a new trial.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 821 Demand for new trial to be made once only. Exceptions. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The demand for a new trial may not be made more than

once, except on grounds which may arise subsequently to the first

demand.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 822 Demand for new trial may be availed of by defendant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The demand for a new trial may also be availed of by

any of the defendants who, in the answer to the libel or petition, or

in a note filed previously to the trial on that demand, shall have

agreed to it.

(2) In any such case, the defendant may continue the

proceedings, notwithstanding that the party who made the demand

shall have waived it.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 823 Demand for new trial not to operate as a stay of execution. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The demand for a new trial shall not operate so as to

stay the execution of the judgment sought to be set aside.

(2) Notwithstanding the provisions of sub-article (1), the court

before which a new trial is demanded may, at the instance, by

application both before the Court of Appeal and before the court of

first instance, of the party making such demand, order a stay of

execution of the judgment if -

(a) together with his demand such party gives sufficient

security for the execution of the judgment, if it is not

set aside, including such security as is mentioned in

article 266(10); and

(b) it is shown to the satisfaction of the court that the

execution of the judgment is likely to cause greater

prejudice to such party than the stay of execution

would cause to the opposite party.

(3) The security referred to in sub-article (2)(a), when given,

shall in all cases operate as a stay of execution of a judgment

ordering the arrest or imprisonment of the debtor.

(4) The filing of the application containing the demand for the

stay of execution of the judgment sought to be set aside shall not

operate as a stay of execution of such judgment unless, upon an

application to that effect, the court shall for just cause order such

stay of execution.

(5) Where the enforcement of a judgment has been authorized

by the judgment sought to be set aside the provisions of sub-articles

(2), (3) and (4) shall not apply.

(6) An appeal from a judgment disallowing the demand for the

stay of execution of the judgment sought to be set aside shall in no

case operate as a stay of execution of the latter judgment.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 824 No new trial in respect of judgment given upon new trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall not be lawful to grant another new trial in respect

of a judgment given upon a new trial.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 825 Errors of calculation in judgment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Nothing in this Title contained shall operate so as to

bar the court, upon the application of any of the parties to be served

on the other party, from amending at any time, by a decree, any

error of calculation incurred in the judgment.

(2) Nor shall the court be debarred from correcting any error in

the wording of the judgment, or from altering any expression which

is equivocal, or which may bear a construction different from that

evidently intended by the court, provided that an application is

made to that effect within thirty days from the date of the judgment,

and in such case, the time allowed by this Code for entering an

appeal from any judgment so amended, shall commence to run from

the date of the decree given on the demand for the amendment.

Title V

O F THE E NFORCEMENT OF J UDGMENTS OF T RIBUNALS OF

C OUNTRIES OUTSIDE M ALTA

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 825A Applicability of this Title and European Union Regulations. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where regulations of the European Union provide, with

regard to the matters regulated under this title, in any manner

different than in this title, the said regulations shall prevail, and the

provisions of this Title shall only apply where they are not

inconsistent with the provisions of such regulations or in matters

not falling within the ambit of such regulations.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 826 Enforcement of judgments of tribunals outside Malta. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving the provisions of the British Judgments (Recipro-

cal Enforcement) Act, any judgment delivered by a competent court

outside Malta and constituting a res judicata may be enforced by

the competent court in Malta, in the same manner as judgments

delivered in Malta, upon an application containing a demand that

the enforcement of such judgment be ordered.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 827 Inquiry by court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The provisions of the last preceding article shall not

have effect

(a) if the judgment sought to be enforced may be set aside

on any of the grounds mentioned in article 811;

(b) in the case of a judgment by default, if the parties were

not contumacious according to foreign law;

(c) if the judgment contains any disposition contrary to

public policy or to the internal public law of Malta.

(2)

For the purposes of this article, the plea to the jurisdiction

of the court by which the judgment was delivered, may be raised in

terms of article 811(d), even though that court may have adjudged

upon a plea to its jurisdiction, in the case of any action brought

against any person not subject to the jurisdiction of that court by

reason of domicile or residence, unless such person had voluntarily

submitted to the jurisdiction thereof.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 828 Effects of registration of judgment in Public Registry. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The judgment ordering the enforcement of another

judgment delivered by a court outside Malta, upon being registered

in the Public Registry Office, shall create as from the day of

registration a hypothec in regard to the debt judicially

acknowledged by the judgment the enforcement of which is

ordered.

Title VI

O F P RECAUTIONARY A CTS

G ENERAL P ROVISIONS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 829 Party may safeguard his rights by precautionary acts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for any person, without the necessity of

any previous judgment, to secure his rights by one or more of the

following precautionary acts, which shall be issued and carried into

effect on the responsibility of the person suing out the act, provided

he shall have complied with the conditions prescribed by this Code.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 830 Precautionary acts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The precautionary acts referred to in the last

preceding article are the following

(a) warrant of description;

(b) warrant of seizure;

(c) warrant of seizure of a commercial going concern;

(d) garnishee order;

(e) warrant of impediment of departure;

(f)

warrant of arrest of sea vessels;

(g) warrant of arrest of aircraft;

(h) warrant of prohibitory injunction.

(2)

(a) Saving the provisions of article 870 of this Code and of

article 357 of the Merchant Shipping Act, such acts

mentioned in sub-article (1) shall be rescinded, if the

party against whom the act is issued makes such

de p os i t o r g iv e s su c h s e c u r i t y a s , i n t h e c ou r t ’s

opinion, according to the circumstances of the case,

may be sufficient to safeguard the rights or claims

stated in the act, or if it is shown that a judicial act

accepting liability as provided in sub-article (3) has

been filed in the proper registry.

(b) Notwithstanding that a deposit is made or security is

given as aforesaid, the time limits established in this

Title on the creditor to bring forward his action shall

continue to apply.

(c) Such time limits shall run from the date of the issue of

the precautionary act, and failure by the creditor to

institute proceedings within the said time limits shall

entitle the debtor to withdraw the deposit or cancel the

security.

(3) Where a precautionary act has been issued against any

person, or such as to affect any property of such person, to secure a

claim for damages, and a locally registered insurance company or

local bureau thereof, as established in the Motor Vehicles (Third

Party Risks) Ordinance, such person or company shall by means of

a judicial act, filed in the registry of the said court, within ten days

from the date of the insured person’s demand, declare that he or the

company is accepting liability to pay all sums that may be due for

such damages, in connection with the claim contained in that act if

such insured person is found to be responsible for such damages -

(a) the insurer or local bureau, as the case may be, shall be

liable to pay all sums that may be due for damages

arising as aforesaid;

(b) the claim for such damages may be pursued against the

insurer or the local bureau directly; and

(c) the precautionary act against such person shall be

rescinded.

(4) No precautionary act as provided in sub-article (3) shall be

issued against the insured if the person intending to sue out the

warrant is cognizant that the insurer or the local bureau has issued

to the insured a valid insurance certificate accepting liability for

the payment of damages; and in such case the claim for such

damages may be pursued against the insurer or the local bureau or

agent, as the case may be, directly.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 831 Application for issue of warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The demand for the issue of any of the said acts shall

be made by an application prepared by the applicant and

containing, under pain of nullity of the act, other than further

details which may be prescribed by regulations

(a) the origin and nature of the debt or claim sought to be

secured; and

(b) when the right sought to be secured by the act is a

debt, or a demand which may be satisfied by the

payment of a sum of money, the amount of such

demand.

If the case has already been filed in court, such

demand may specify and include all judicial costs.

(2)

The application shall be confirmed on oath by the applicant

Provided that where in an application there is more than one

applicant demanding the issue of any of the precautionary acts

mentioned in article 830(1) against the same respondent, the oath

shall be taken by at least one of the applicants.

(3)

Any of the warrants or order mentioned in article 830 shall

be issued by the court

Provided that, where in the opinion of the Registrar the

signature of a judge or magistrate empowered to issue a warrant of

seizure or a garnishee order or a warrant of impediment of

departure cannot be obtained within a reasonable time and that

delay may be prejudicial, the said warrants or order may be issued

over the signature of the Registrar personally after having first

obtained verbal authorisation from the judge or magistrate to do so.

In this case, the judge or magistrate is to append his own signature

under that of the Registrar at the earliest opportunity to confirm

that he had given the said verbal authority or, if it is not possible

for the Registrar to obtain such verbal authority, the Registrar shall

under his authority issue the said warrant or order over his

signature, subject to the ratification of such action by a judge or

magistrate at the earliest opportunity..

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 832 Where claim is for payment of sum of money. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the right sought to be secured by the act is a debt,

or a claim which may be satisfied by the payment of a sum of

money, the applicant shall also in this sworn statement referred to

in the last preceding article indicate approximately the sum to

which, in his belief, the debt or claim amounts, and if a cause has

already been filed in court, such a claim may specify and include

any judicial costs, under pain of nullity of the act.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 833 Administering of oath. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The oath referred to in this Title may be administered by

the registrar or by a legal procurator appointed as Commissioner

for Oaths under the Commissioner for Oaths Ordinance.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 833A Filing of precautionary warrants with judicial letter. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where a judicial letter is filed and sworn according to

article 166A, there may also thereupon be sworn and filed the

precautionary warrants referred to in article 830(1)(a), (b) and (d)

Provided that when such judicial letter is filed, the

applicant shall file a sworn application or application or petition, as

the case may be, within twenty days from the date of filing of a full

or partial note of contestation or else within sixty days from the

date of the issuing of a warrant, unless a note of contestation will

have been filed, according to which date first occurs

Provided also that no sworn application or application or

petition, as the case may be, shall be required in the case where the

precautionary warrant is converted to an executive warrant or it is

removed by means of a counter-warrant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 833B Letter lodged in accordance with article 34 of the Mediation Act. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where a letter has been lodged in accordance with article

34 of the Mediation Act, there may also thereupon be filed the

precautionary warrants referred to in article 830(1)(a), (b) and (d)

Provided that when such letter is filed in accordance with

article 34 of the Mediation Act, the applicant shall nonetheless

attach a copy of such letter in the acts of the precautionary warrant,

and such warrant shall conform with the provisions of Title VI of

Book Third of this Code.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 833C — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where a judicial letter has been filed to render bills of

exchange or promissory notes executable in accordance with the

proviso to article 253(e) there may be filed the precautionary warrants

referred to in article 830(1)(a), (b) and (d)

Provided that, when such letter is filed to render bills of

exchange or promissory notes executable in accordance with the

proviso to article 253(e), the applicant shall attach a copy of such letter

in the acts of the precautionary warrant, and such warrant shall

conform with the provisions of Title VI of Book Third of this Code.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 833D Filing of precautionary warrant with judicial letter filed in accordance with article 466. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where a judicial letter has been filed in accordance with

article 466, there may be filed the precautionary warrants referred to in

article 830(1)(a), (b) and (d)

Provided that, when such letter is filed in accordance with

article 466, the applicant shall attach a copy of such letter in the acts of

the precautionary warrant, and such warrant shall conform with the

provisions of Title VI of Book Third of this Code.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 834 Notice of execution of warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court executing officer shall, at the earliest time

possible, serve notice in writing to the applicant, the lawyer or the

legal procurator whose signature is subscribed on the application,

of the execution of the warrant or order.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 835 S. 834 not to apply to inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XIV.2006.84.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 836 Counter-warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Without prejudice to any other right under this or any

other law, the person against whom any precautionary act has been

issued, may make an application to the court issuing the

precautionary act, or, if a cause has been instituted, may make an

application to the court hearing such cause, praying that the

precautionary act be revoked, either totally or partially, on any of

the following grounds

(a) that the precautionary act ceased to be in force;

(b) that any one of the conditions requested by law for the

issue of the precautionary act does not in fact subsist;

(c) that other adequate security is available to satisfy the

claim of the person at whose request a precautionary

act was issued either by the issue of some other

precautionary act or if such other security can to the

satisfaction of the court adequately secure the claim;

or

(d) if it is shown that the amount claimed is not prima

facie justified or is excessive; or

(e) if the security provided is deemed by the court to be

sufficient; or

(f)

if it is shown that in the circumstances it would be

unreasonable to maintain in force the precautionary act

in whole or in part, or that the precautionary act in

whole or in part is no longer necessary or justifiable.

(2) The person making the application according to sub-article

(1) shall, together with the application, file in writing all

submissions to be made together with all documents in support of

the demand that is being filed.

(3) The application, except for any application in terms of sub-

article (1)(a), shall be served on the opposite party who may, within

seven days from the service, file a note containing all submissions

to be made together with all documents in support of the demand

that is being filed.

(4) The court shall decide the application with urgency either

in camera or after hearing the advocates of the parties, if it deems

fit, provided that not more than one sitting may be fixed for such

purpose.

(5) No appeal and no challenge shall lie from a decree acceding

to an application referred to in sub-article (1), and such decree shall

be final and irrevocable, and except in the case contemplated in

sub-article (1)(a) a similar precautionary act may not be issued in

s e c u r i t y o f t h e c l a i m a g a i n st t h e p e r s o n a g a i n s t w h o m t h e

precautionary act so revoked was issued, unless in the application

for the issue of such similar precautionary act the applicant states

that circumstances have arisen since the revocation of the previous

precautionary act which justify the issue of a similar fresh

precautionary act to that which has been revoked, and the

provisions of this article shall thereupon apply to such

precautionary act freshly issued on the basis of such application.

(6) The provisions of article 831(4) shall apply to the decree

issued under sub-article (1)(a).

(7) Notwithstanding that adequate security for the satisfaction

of the claim of the person at whose request the precautionary act

was issued is deposited in the registry of the court, the court which

issued the counter-warrant under the provisions of this article may

still, on a request made by application by any interested person,

investigate the legality or otherwise of the relative precautionary

act and the court may also order the reduction of the amount of

security deposited or declare the precautionary act to be contrary to

law, in which latter case it shall give such orders as it may deem

appropriate, including, if the case so warrants, the giving of the

security back to the debtor.

(8) The court may condemn the applicant at whose request a

precautionary act was issued to pay a penalty of not less than one

thousand and one hundred and sixty-four euro and sixty-nine cents

(1,164.69) and not more than six thousand and nine hundred and

eighty-eight euro and twelve cents (6,988.12) in favour of the person

against whom the precautionary act was issued, in each of the

following cases

(a) if the applicant, without any valid reason, does not

bring the action in respect of the claim, within the time

established by law;

(b) if, on demand of the defendant for the rescission of the

precautionary act, the plaintiff fails to show that the

precautionary act had to be issued or that within the

fifteen days previous to the application for the

precautionary act, he had in any manner called upon

the defendant to pay the debt, or, if the debt be not a

liquidated debt, to provide sufficient security

Provided that the provisions of this paragraph

shall not apply where it is shown that there were

reasons of urgency for the issue of the warrant;

(c) if the circumstances of the debtor were such as not to

give rise to any reasonable doubt as to his solvency

and as to his financial ability to meet the claims of the

applicant, and such state of the debtor were notorious;

(d) if applicant’s claim is malicious, frivolous or

vexatious.

(9) In the case under the previous sub-article, the court at the

request, by application, of the person against whom the

precautionary act was issued may condemn the applicant at whose

request the precautionary warrant was issued to pay such damages

as may have been caused by the issue of the warrant, and in any

such proceedings the court shall refer to, and make use of, the

records of the proceedings of the precautionary act and of any other

proceedings arising therefrom or consequential thereto, and such

records shall be admissible evidence for the purposes of this action.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 837 Precautionary acts which may not be issued by inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall not be lawful for the Court of Magistrates

( M a l t a ) , o r t h e C o ur t of M a g i s t r a t e s ( G o z o ) in i t s in f e r i o r

jurisdiction to issue any warrant of description or impediment of

departure for the purpose of a reference to the oath of the opposite

party.

(2) It shall not be lawful to issue any precautionary warrant of

seizure or garnishee order in security of any right or claim against

the Government of Malta.

(3) It shall not be lawful to issue any warrant of seizure or

garnishee order, in security of any right or claim against any of the

p e r s o n s m e n t i o ne d in su b - a r t i c le ( 4) (a ) , o r a n y w a r r a n t o f

impediment of departure in security of any right or claim against

any of the persons mentioned in paragraphs (b) or (c) of the said

sub-article.

(4)

The persons to whom sub-article (3) refers are

(a) any person belonging to the armed forces of any

country or any person belonging to any vessel wholly

chartered in the service of the Government of Malta if

such person is in Malta with the force or vessel to

which he belongs;

(b) any master, seaman or other person regularly enrolled,

if the ship to which he belongs has obtained her

clearance; and

(c) any engineer of any rank, employed on any steam

vessel.

(5) (a) If any such warrant or order has been unduly issued and

carried into effect against any of the persons above-mentioned, it

shall be lawful to obtain the rescission of the warrant or order or of

anything done thereunder by making an application to that effect

stating out the cause for his exemption, and producing in support

thereof any certificate, d ocument, or other evidence to t he

satisfaction of the judge or magistrate by whom the warrant or

order was issued.

(b) The release of the person from the warrant or order may

also be applied for as aforesaid by the officer commanding the

v e s s e l o n w h i c h s u c h p e r s o n i s e n r o l l e d , o r b y t h e o ff i c e r

commanding the force, the regiment or the company to which such

person belongs, or by any other military, naval or air force

authority.

(6) It shall not be lawful to issue any precautionary warrant of

seizure, warrant of seizure of a commercial going concern or garnishee

order in security of any right or claim against any person for damages

for libel or other defamation under any law.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 838 Precautionary acts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court may, when any party makes an application

before it which is served on the other party, give any order as may

be required so as to prevent any damage or deterioration being

caused to the things described in the precautionary act.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 838A Security for payment of penalty, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court, on good cause being

shown, upon the demand by application of the person against whom

a precautionary act has been issued, to order the party suing out the

warrant to give, within a time fixed by the court, sufficient security

for the payment of the penalty that may be imposed, and of

damages and interest, and, in default, to rescind the precautionary

act.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 838B Precautionary warrants to remain in force until the cause becomes res judicata. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Unless rescinded by the court or withdrawn by the

party suing out the warrant, all precautionary warrants shall remain

in force for a period of fifteen days after the cause becomes res

judicata.

(2) Notwithstanding the provisions of sub-article (1),

precautionary warrants issued under article 830(1) become

executive warrants after that the cause becomes res judicata or

when in accordance with article 166B, article 253(e) and article 466,

such judicial letter, bill of exchange or promissory note constitutes an

executive title, so however that

(a) in the case of a warrant issued under article 830(1)(b), (c),

(d) and (f), the creditor shall file a note within fifteen (15)

days from when the executive title is obtained in the acts

of the same warrant and demand an extension or reduction

of the effects of the warrant to an amount equivalent to the

legal costs, interest and the principal amount due in terms

of the executive title obtained, and such note is to be

served upon the debtor and such persons as may have any

interest therein;

(b) in the case of a warrant issued under article 830(1)(a)

and (e), the creditor shall file an application under the

provisions of article 388E within fifteen days from the

cause becoming res judicata.

Sub-title I

O F THE W ARRANT OF D ESCRIPTION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 839 Object of warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A warrant of description may be issued in order to secure a

right over movable things, for the exercise of which the applicant

may have an interest that such movable things remain in their

actual place or condition.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 840 Manner of executing warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The marshal shall execute a warrant of description by

describing the things in detail stating the number and quality

thereof.

(2) He shall also state the weight or measure, and the value

thereof, if the applicant makes an express demand to that effect in

the application for the issue of the warrant, or subsequently, by

means of a note; in any such case the value shall be stated upon an

appraisement made by one or more experts appointed by the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 841 Liability of person in possession of things described. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The things so described shall remain in the custody of the

person in whose possession they are found, and such person shall

be responsible for their safe keeping, an express injunction to that

effect being included in the warrant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 842 Power of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court, upon the application of any

party notice whereof is given to the other party, to give any order

calculated to prevent any loss, damage or deterioration of the things

described.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 843 Time within which to bring action. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The applicant is bound to bring the action in respect

of the right stated in the warrant within twenty days from the issue

of the warrant

Provided that where the issue of the warrant is demanded

by any spouse against the other spouse, and the spouse issuing the

warrant has commenced proceedings in court, the time limit

herebefore mentioned shall commence running from such date

when that spouse is authorised to proceed by the court, provided

that the warrant shall cease having its effect immediately upon the

proceedings being withdrawn or abandoned.

(2) If the applicant fails, without just cause, to bring such

action, the effects of the warrant shall cease and he shall be liable

for all damages and interest.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 844 Extension of time. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the party against whom the warrant was executed

shall, by means of a note filed in the registry, allow to the applicant

a time longer than that mentioned in the last preceding article, the

warrant shall remain in force for such extended time.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 845 Applicability of articles 275, 276 and 279. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of articles 275, 276 and 279, shall apply to

the execution of a warrant of description.

S UB - TITLE II

O F THE W ARRANT OF S EIZURE

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 846 Warrant of seizure. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The warrant of seizure of movable property shall,

other than the details referred to in article 282, also contain an

order to the Registrar to seize from the debtor such articles or

article from the place therein indicated.

(2) When a demand is made for the removal of the seized

articles the court shall appoint an official consignee.

(3) The provisions of articles 275 to 293 and articles 842, 843

and 844, shall apply to warrants of seizure.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 847 Judicial acknowledgement of claim to precede judicial sale by auction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The judicial sale by auction of the property seized shall

not take place without a previous judicial acknowledgment or

rendering as an executive title of the debt or claim

Provided that in the case of perishable goods or other

deteriorating assets, the court, on the application of claimant in

pending litigation before the court, may order the sale of the asset

pendente lite if it appears to the court upon an application of a

creditor that the debtor is insolvent or otherwise unlikely to be able

to continue trading and maintaining the asset. In reaching its

conclusion the court shall consider all the circumstances connected

therewith including the nature of the claim, if any, and such other

steps which the debtor has taken to secure the claim, or otherwise

to preserve the asset.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 848 In inferior courts demand for judicial acknowledgment of claim to accompany demand for issue of warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Saving the provisions of articles 466 and 467 respecting

the claims of the Government, no warrant of seizure shall be issued

by the Court of Magistrates (Malta) or by the Court of Magistrates

(Gozo) in its inferior jurisdiction, unless the warrant is sued out

accompanied by a demand that the credit or claim are judicially

acknowledged and the debt or claim exceeds one thousand, one

hundred and sixty-four euro and sixty-nine cents (€1,164.69), or

the demand for such warrant is for an article which, as stated, is

property belonging to the person suing out the warrant.

Sub-Title III

OF THE WARRANT OF SEIZURE

OF A COMMERCIAL GOING CONCERN

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 848A Scope of warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A precautionary warrant of seizure of a commercial

going concern may solely be issued to secure a debt or claims

which could be frustrated by the sale in part or in whole of the said

going concern and, for this purpose, no other warrant may be issued

against the going concern, unless it is this warrant of seizure.

(2) The effect of a precautionary warrant of seizure of a

commercial going concern is to preserve the totality of the assets of

the going concern, including licences and good-will, to order that

same is not sold in part or in whole and are to be concurrently kept

in business, provided that in any case the court shall not accept a

demand for the issuing of a warrant if it is satisfied that there are

other means to safeguard the amount due.

(3) The court shall not issue any such warrant unless it is

satisfied that such warrant is necessary in order to protect the rights

belonging to applicant who, prima facie, appears to have such

rights.

(4) The provisions of articles 840, 842, 843, 844 and 848 shall

apply to this warrant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 848B Court to appoint administrator and expert. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) When a demand is made for the issue of this warrant

the court shall, after hearing the parties, appoint an administrator

and in order to effect such action it shall consider whether to allow

the going concern to continue being run by the debtor or by such

persons as may be entrusted by the debtor with the assistance of the

administrator, or that an administrator is appointed who in the

opinion of the court has the necessary qualifications to run and

administer the going concern on his own.

(2) The court shall appoint an expert under article 89 and

establish a short and peremptory time within which there shall be

filed an itemized list, to be confirmed on oath, of the value of the

whole property forming the capital of the commercial going

concern.

(3) The appointed administrator shall be responsible for the

commercial going concern and shall have the right to sell and

administer the ordinary running of the concern provided that for

any decision of an extraordinary nature he shall file a demand in

court for the granting of such authorisation.

(4) The administrator may, if he is of the opinion that the going

concern will incur a market loss in its value, demand the court

either to authorise him to sell the whole going concern or any part

thereof.

(5) The administrator appointed under this article shall have the

right to such payment as the court may, in its discretion, be of the

opinion that is due to him in consideration of the value of the going

concern and of the activity undertaken with regard to the running of

the business.

Sub-title IV

O F THE G ARNISHEE O RDER

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 849 Precautionary garnishee order. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The effects of a precautionary garnishee order are the

same as those of an executive garnishee order, and the provisions of

articles 375 to 383 inclusive, and articles 842, 843, 844, 846 and

848, shall apply to such order

Provided that where the garnishee is a bank, a

precautionary garnishee order shall not apply to money payable by

the bank in execution of any guarantee given by the bank that it

will effect payment on the demand of the person in whose favour

t h e b a n k e r ’s g u a r a n t e e i s m a d e o u t ; a n d i n a n y s u c h c a s e ,

notwithstanding the garnishee order, the bank shall have power to

pay out or otherwise dispose of any such money as free from any

garnishee order and shall also be entitled to withdraw any such

money from any court or other place, or from any person, into

which, or with whom, it may have been lodged or deposited, and it

shall be the duty of the Registrar of such court or other person in

possession or having control over such money to return it forthwith

to the bank.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 850 Duration of garnishee order. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.179.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 851 Order for judicial sequestration. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court may, at any stage of the cause, on the

demand of either of the parties, or of its own motion, make an order

for judicial sequestration.

(2) The sworn statement referred to in article 831(2) shall not

be requisite in regard to any such sequestration.

(3) The sequestration order shall remain in force until

rescinded by the court.

(4) Under such order, the court may direct that the thing in

litigation be deposited with, or delivered to a third party who shall

bind himself to restore such thing, on the termination of the cause

or within the time fixed by the court, to the party to whom the court

shall order the thing to be restored.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 852 Sequestration order in regard to immovable property. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The sequestration mentioned in the last preceding article

may also be ordered in regard to immovable property, where the

possession or ownership thereof is in dispute, or where it is

necessary for the security or preservation of the rights of any party

interested.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 853 Judicial sequestrator. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The sequestrator shall be chosen either by consent of

the parties interested, or by the court ex officio.

(2) The sequestrator shall be subject to the same liabilities as

the depositary.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 854 Remuneration. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The sequestrator appointed under article 851 shall be

entitled to a remuneration, in the discretion of the court.

Sub-title V

OF THE WARRANT OF ARREST OF SEA VESSELS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 855 Object of warrant. Revoked by: XIV.2006.99. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A precautionary warrant of arrest of any sea-going

vessel having a length exceeding ten metres may solely be issued to

secure a debt or claims, whether in personam or in rem, which

could be frustrated by the departure of the said ship, and no other

warrant may be issued against a sea-going vessel, with the exception

of a warrant of ejectment or expulsion, unless it is a warrant of arrest,

and whether such vessel is at sea or at some other place

Provided that a precautionary warrant of arrest may also be

issued by the Court in the circumstances provided for under article

1526(5) of the Civil Code to secure, in the event of a default, the rights

of lessor against a lessee and the provisions of this title shall also apply

to such warrants of arrest, mutatis mutandis

Provided further that for the purposes of article 843, the lessor

shall be obliged to file the application pursuant to article 1526(5) of

the Civil Code within twenty (20) days from the warrant of arrest.

(2)

The provisions of article 843 shall apply to the warrant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 856 Warrant to have effect both to seize and to attach the vessel. Revoked by: XIV.2006.99. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The warrant of arrest shall have the effect to seize the

sea vessel, having a length exceeding ten metres, from the debtor

and also to attach the same in the hands of the authority where

property is. The Court shall also order that the said authority shall not

release such sea vessel or allow the debtor to divest himself in any

way from the same in whole or in part or to give or surrender to any

person any rights on the same and the Court shall order the person

indicated by the party issuing the warrant, to effect service of a copy of

the warrant in accordance with sub-article (3), as well as to seize the

appropriate documentation and certification from on board the vessel.

(2) The warrant is executed for all effects of the law when

notice is served on the executive officer of the authority who has

the sea vessel in its hands or under its power or control.

(3) A copy of the warrant of arrest shall also be served on the

person whose ship or vessel is arrested, the master or other person

in charge of such ship or vessel, or the agent of such ship or vessel

Provided that the party issuing the warrant shall indicate in the

appropriate part of the warrant the necessary details of the person who

shall effect service of the copy of the warrant referred to in this sub-

article upon the master or other person in charge of such ship or vessel.

(4) Any documentation and certification seized from on board a

ship or vessel in accordance with sub-article (1), shall within one

working day, be handed over to the registrar.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 857 The authority in charge of the vessel to be considered official consignee. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The authority which has in its hands or under its

control the sea going vessel against which such warrant of arrest

has been issued shall take all necessary measures to display the

court order for the general attention of third parties.

(2) For the purposes of this warrant the Authority for Transport

in Malta or such other authority as may be designated from time to

time by the Minister shall be deemed to be the authority having in

its hands or under its power or control the arrested ship or vessel.

(3) A vessel is deemed to be in the power or control of the

Authority for Transport in Malta as soon as the vessel enters

Maltese territorial waters.

(4) All expenses as may be necessary for the preservation of

the arrested ship or vessel shall, from the moment that the warrant

of arrest is served on the Authority for Transport in Malta, be borne

by the party issuing the warrant, saving his right to recover such

expenses together with his claim.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 858 Warrant to be sued out on appropriate form. Revoked by: XIV.2006.99. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A warrant of arrest shall be sued out by means of an

application on a form to be prescribed by the Minister responsible

for justice, on which form there shall be included a court decree by

virtue of which the necessary orders are given and issued.

(2) The court executive officer shall have the power to adopt,

subject to such directives as may be given by the Court or the

Registrar of Courts, all such measures as may be deemed necessary

for the execution of the warrant of arrest.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 859 Warrant available where claim is not less than €7,000. Revoked by: XIV.2006.99. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A warrant may be demanded and obtained before the Court

of Magistrates (Malta) or before the Court of Magistrates (Gozo) in

its inferior jurisdiction or before the First Hall of the Civil Court in

security of a debt or any other claim whatsoever amounting to not

less than seven thousand euro.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 860 Statement to be contained in application. Revoked by: XIV.2006.99. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The application for the issue of a warrant of arrest shall,

under pain of nullity, state in a clear manner such particulars as

may enable the identification of the ship or vessel, the name of the

authority in whose hands or under whose power or control the

arrested ship or vessel may be, as well as the place where the ship

or vessel is to be found and the details of the person who shall effect

service of the copy of the warrant referred to in article 856(1).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 861 Penalty in case of malicious demand for warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where it is found that the warrant was obtained upon a

demand maliciously made, the penalty in terms of article 836(8)

shall not be less than eleven thousand and six hundred euro.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 862 Security for payment of penalty, etc. Revoked by: XIV.2006.99. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court, on good cause being shown,

upon the demand by application by a person whose ship or vessel is

detained, by the master of the ship or vessel, or by any person being

in charge thereof or by its agent, to order the party suing out the

warrant to give, within a time fixed by the court, sufficient security,

in an amount not less than eleven thousand and six hundred euro,

for the payment of the penalty, damages and interest and, in default,

to rescind the warrant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 863 Ships or vessels not subject to the issue of a warrant. Revoked by: XIV.2006.99. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) No warrant shall be issued against any ship or vessel

wholly chartered in the service of the Government of Malta or

employed in any postal service either by the Government of Malta

or by any other government.

(2)

No warrant shall be issued against any ship of war.

(3) Following the arrest of a ship or vessel in any port or

harbour in Malta and on the application of the Authority for

Transport in Malta, a court may, if it is satisfied that because of its

cargo, its length or draught and, or other circumstances concerning

safety, pollution, navigation or port operation, it is advisable that

the seagoing vessel should leave port without delay, order that the

ship or seagoing vessel be shifted from that port or harbour to any

other anchorage within territorial waters.

(4) Following the arrest of a ship or vessel in any port or

harbour or in the territorial waters of Malta, and on an application

of the Authority for Transport in Malta, a court may, if it is

satisfied that because of the nature of its cargo and, or other

circumstances concerning safety or pollution it is advisable that the

ship or vessel should leave port and, or Maltese territorial waters,

rescind the warrant of arrest and order that the ship or vessel should

leave Malta and its territorial waters without delay.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 864 Order for the sale of a ship or vessel pendente lite. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court may order the sale of an arrested ship or vessel

pendente lite if it appears to the court upon the application of a

creditor that the debtor is insolvent or otherwise unlikely to be able

to continue trading and maintaining the asset. In reaching its

conclusion the court shall consider all the circumstances connected

therewith, including the nature of the plaintiff’s claim, the defence

raised against such claim, if any, and such other steps which the

debtor has taken to secure the claim, or otherwise to preserve the

asset.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 865 Joint and several liability. Revoked by: XIV.2006.99. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If, notwithstanding the issue and execution of a

precautionary warrant of arrest, a ship or vessel is removed from

the jurisdiction of the court in breach of the warrant of arrest, the

owner, bareboat charterer or other person being in possession of the

ship or vessel at the time of such breach shall be jointly and

severally liable to a penalty of one hundred and sixteen thousand

and four hundred and seventy euro payable to the party issuing the

warrant.

(2) The liability for the payment of a penalty arising under this

article shall be without prejudice to any other possible sanction

arising under the provisions of Title XVII of Book Third of this

Code.

( A r t i c l e s 8 6 6 t o 8 7 0 , b o t h i n c l u s i v e , w e re d e l e t e d b y

XIV.2006.99)

Sub-title IV A

OF THE WARRANT OF ARREST OF AIRCRAFT

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 865A Object of warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A precautionary warrant of arrest of any aircraft may

solely be issued to secure a debt or claims, whether in personam or

in rem which could be frustrated by the departure of the said

aircraft, and no other warrant may be issued against an aircraft, with

the exception of a warrant of ejectment or expulsion, or the aircraft

engine unless it is a warrant of arrest

Provided that a precautionary warrant of arrest may also be

issued by the Court in the circumstances provided for under article

1526(5) of the Civil Code to secure, in the event of a default, the rights

of lessor against a lessee and the provisions of this Title shall also

apply to such warrants of arrest, mutatis mutandis

Provided further that for the purposes of article 843, the lessor

shall be obliged to bring the application contemplated in article

1526(5) of the Civil Code within twenty (20) days from the warrant of

arrest.

(2) (a) A precautionary warrant of arrest may be issued on

an aircraft to which an aircraft engine is attached to secure a debt or

claim, whether in personam or in rem which could be frustrated by

the departure of the said aircraft with the aircraft engine, and for as

long as the aircraft engine is attached to an aircraft no other warrant

may be issued against an aircraft or the aircraft engine unless it is a

warrant of arrest. Such warrant of arrest may be issued

notwithstanding the fact that the aircraft is owned by a different

person than the owner of the aircraft engine.

(b) When such a warrant of arrest of an aircraft is

issued in relation to any engine attached to the aircraft,

the person having possession or control of the aircraft

may, without leave of Court, take all such actions as

may be within his powers to remove the engine from

the aircraft so as to be able to continue with the

operations of the aircraft. The person having

possession or control of the aircraft shall be obliged to

place the engine under the authority of the Court

Marshall executing the original warrant and notify the

Authority for Transport in Malta and when such action

is taken the Court shall immediately release the

aircraft from the effects of the warrant, which warrant

shall continue to apply only to the relevant engine

without the need for any other procedure by the

claimant.

In the event of any opposition, the Court shall, on

demand, issue all such orders as may be necessary.

(c) without prejudice to the rights referred to in the

preceding sub-articles, when an aircraft engine is not

attached to an aircraft, a precautionary warrant of

seizure as described in article 846 or, if it is in

possession or under the control of a third party, a

precautionary garnishee order as described in article

849 may be issued in relation to an aircraft engine

without in any way affecting any aircraft to which it

may be connected, commercially, under any contract

or in any register.

(3)

The provisions of article 843 shall apply to the warrant.

(4) For the purposes of this Code, the word "aircraft" shall

comprise -

(a) all data, manuals and technical records, and

(b) the airframe, all equipment, machinery and other

appurtenances as accessories belonging to the aircraft,

which are on board or which have been temporarily

removed therefrom,

(c) if in Malta, any engines owned by the owner of the

aircraft whether attached to the aircraft or not, as well

as any replacement engines which are designated for

use on the aircraft and owned by the owner of the

aircraft but temporarily not attached to the aircraft,

but shall not include any engine which is attached to the aircraft

and which does not belong to the owner of the aircraft, which

engine shall be subject to such orders of the court as are

appropriate to the protection of the rights of the owner of the

engine and the safe operation of the aircraft in accordance with the

agreement relating to such engine.

(5) (a) A court seized of the proceedings relating to the issue

of a warrant of arrest of an aircraft, shall also be competent to hear

any applications and issue any orders on the application of the

owner of any engine which may be attached to the aircraft and

which does not belong to the owner of the aircraft.

(b) The owner of an engine which does not belong to

the owner of the aircraft to which the engines are

attached and which may have been arrested as

aforesaid shall be entitled to intervene in any

proceedings relating to the arrest of the aircraft and

make any applications and submissions to the court

seized of the warrant of arrest in order to protect its

rights and interests relating to the engine.

(c) Any court receiving any application by the owner

of an engine in terms of this sub-article shall

immediately order its service upon the person having

possession or control of the aircraft and rule on any

such application expeditiously and within a maximum

period of two working days from when any such

applications are made.

(d) In this sub-article the term "owner" of an engine

shall include any mortgagee or holder of any

international interest or other security interest over the

engine.

(6) (a) Any court seized of the proceedings relating to a

warrant of arrest, seizure or garnishee intended to operate in

relation to an aircraft engine which is attached to an aircraft owned

by a different person, shall also be competent to deal with any

applications for the protection of the rights and interests of the

owner of the aircraft.

(b) The owner of such aircraft shall be entitled to

intervene and make submissions to the court dealing

with a warrant of arrest, seizure or garnishee intended

to operate in relation to an aircraft engine in order to

protect his rights and interests.

(c) A court shall not consider the inability of the

aircraft to operate without the relevant engine to be a

good and sufficient ground for denying the request for

the issue or for revoking the warrant intended to

operate in relation to an aircraft engine.

(d) Any court receiving any application by the owner

of an aircraft in terms of this sub-article shall

immediately order its service upon the owner of the

engine and rule on any such application expeditiously

and within a maximum period of two working days

from when any such application is made.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 865B Warrant’s effects. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The warrant of arrest shall have the effect to seize the

aircraft from the debtor and also to attach the same in the hands of

the authority where the property is, and also to order that the said

authority shall not release such aircraft or allow the debtor to divest

himself in any way from the same in whole or in part or to give or

surrender to any person any rights on the same.

(2) The warrant is executed for all effects of the law when

notice is served on the executive officer of the authority which has

the aircraft in its hands or under its power or control.

(3) A copy of the warrant of arrest shall also be served on the

person whose aircraft is arrested or the aircraft commander or other

person in charge of the aircraft or the agent of such aircraft.

(4) Notwithstanding the provisions of sub-article (1), where

aircraft engines are not owned by the owner of the aircraft, the

effect of the warrant of arrest applies to the engine only to the

extent that the application for the warrant of arrest expressly states

that the warrant is also intended to operate in relation to the engine

and in all other cases it shall be presumed that if the engines are not

owned by the owner of the aircraft, the warrant is not intended to

extend to the engines and the Authority for Transport or the Court

shall act on such presumption if petitioned by the owner of the

engines who also provides satisfactory evidence of his title to the

engines.

In this sub-article the term "owner" of an engine shall include

any mortgagee or holder of any international interest or other

security interest over the engine.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 865C The authority in charge of the aircraft to be considered official consignee. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The authority which has in its hands or under its

control the aircraft against which such warrant of arrest has been

issued, shall take all necessary measures to display the court order

for the general attention of third parties.

(2) For the purposes of this warrant the Authority for Transport

in Malta, or such other authority or person as may be designated

from time to time by the Minister shall be deemed to be the

authority having in its hands or under its power or control the

arrested aircraft.

(3) An aircraft is deemed to be in the power or control of the

Authority for Transport in Malta as soon as the aircraft enters

Maltese airspace.

(4) All expenses as may be necessary for the preservation of

the arrested aircraft shall, from the moment that the warrant of

arrest is served on the Authority for Transport in Malta, be borne

by the party issuing the warrant, saving his right to recover such

expenses together with his claim.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 865D Warrant to be sued out on appropriate form. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A warrant of arrest shall be sued out by means of an

application on a form to be prescribed by the Minister responsible

for justice, on which form there shall be included a court decree by

virtue of which the necessary orders are given and issued.

(2) The court executive officer shall have the power to adopt,

subject to such directives as may be given by the Court or the

Registrar of Courts, all such measures as may be deemed necessary

for the execution of the warrant of arrest.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 865E Warrant not below certain values. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A warrant may be demanded and obtained before the

Court of Magistrates (Malta) or before the Court of Magistrates

(Gozo) in its inferior jurisdiction or before the First Hall of the

Civil Court in security of a debt or any other claim whatsoever

subject to the following limitations

(a) aircraft

(i) in all cases the amount of the claim must not be

for less than seven thousand euro;

(ii) in case of an aircraft being used for public air

transport of passengers or goods

(aa) for aircraft permitted to carry less than ten

passengers, the claim must not be for less

than two hundred and fifty thousand euro;

and

(bb) for aircraft permitted to carry more than ten

passengers the claim must not be for less

than one million euro;

(b) engines

(i) if the engine is not attached to the aircraft the

claim must be for not less than seven thousand

euro;

(ii) if the engine is attached to an aircraft referred to

in paragraph (a)(ii)(aa) the claim must not be

for less than fifty thousand euro;

(iii) if the engine is attached to an aircraft referred to

in paragraph (a)(ii)(bb) and the engine is not

owned by the owner of the aircraft, the claim

must not be for less than one hundred thousand

euro; and

(iv) if the engine is attached to an aircraft referred to

in paragraph (a)(ii)(bb) and the engine is owned

by the owner of the aircraft, the claim must not

be for less than one million euro.

(2) The limitations on the amount of the claim stated in this

article do not apply to

(a) any claims made by holders of a mortgage or an

international interest or a security interest when such

mortgage or interest has been registered or is

recognized under Part IV or in accordance with Part VI

of the Aircraft Registration Act; or

(b) any claims made by holders of an international interest

for the repossession of an aircraft engine when such

interest has been registered in accordance with Part VI

of the Aircraft Registration Act.

(3) In this article reference to the amount of the claim is a

reference to the principal due and no reference shall be made to any

interest accrued or accruing or to other costs.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 865F Statement to be contained in application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The application for the issue of a warrant of arrest shall,

under pain of nullity, state in a clear manner such particulars as may

enable the identification of the aircraft or the aircraft engine, the name

of the authority in whose hands or under whose power or control the

arrested aircraft or aircraft engine may be, as well as the place where

the aircraft or aircraft engine is to be found.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 865G Penalty in case of malicious demand for warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1)Where it is found that the warrant was obtained upon a

demand maliciously made, the penalty in terms of article 836(8)

shall not be less than the commercial value of a lease which the

aircraft or aircraft engine may attract, notwithstanding that the aircraft

or engine may not have been subject to an actual lease, and depending

on the type, value and operation of the aircraft, or engine, and which in

no case shall be less than eleven thousand and six hundred euro.

(2) The Court shall take into consideration only the daily lease

value and no other type of damages.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 865H Security for payment of penalty, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court, on good cause being

shown, upon the demand by application by a person whose aircraft

is detained or by the commander of the aircraft, or by any person

being in charge thereof or by its agent, order the party suing out the

warrant to give, within a time fixed by the court, sufficient security,

in an amount not less than eleven thousand and six hundred euro,

for the payment of the penalty, damages and interest and, in default,

to rescind the warrant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 865I Aircraft not subject to the issue of a warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) No warrant shall be issued against any aircraft wholly

chartered in the service of the Government of Malta.

(2)

No warrant shall be issued against any aircraft of war.

(3) Following the arrest of an aircraft in any airport and on the

application of the Authority for Transport of Malta, a court may, if

it is satisfied that because of its cargo, or other circumstances

concerning safety, pollution, air navigation, it is advisable that the

aircraft should leave the aerodrome or airport without delay, order

that the aircraft should leave without delay or order that the aircraft

be shifted from that airport to any other location within Malta or if

not possible, to leave Malta.

(4) Following the arrest of an aircraft in any airport or

aerodrome or Maltese airspace and on an application of the

Authority for Transport in Malta, a court may, if it is satisfied that

because of the nature of its cargo and, or other circumstances

concerning safety or pollution it is advisable that the aircraft should

leave the airport or Maltese airspace, rescind the warrant of arrest

and order that the aircraft should leave Malta and its airspace

without delay.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 865J Order for the sale of an aircraft pendente lite. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The court may order the sale of an arrested aircraft

pendente lite if it appears to the court upon the application of a

creditor that the debtor is insolvent or otherwise unlikely to be able

to continue trading and maintaining the asset. In reaching its

conclusion the court shall consider all the circumstances connected

therewith, including the nature of the plaintiff’s claim, the defence

raised against such claim, if any, and such other steps which the

debtor has taken to secure the claim, or otherwise to preserve the

asset.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 865K Joint and several liability. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If, notwithstanding the issue and execution of a

precautionary warrant of arrest, an aircraft is removed from the

jurisdiction of the court in breach of the warrant of arrest, the

owner, lessee or other person being in possession of the aircraft at

the time of such breach shall be jointly and severally liable to a

penalty of one hundred and twenty thousand euro payable to the

party issuing the warrant.

(2) The liability for the payment of a penalty arising under this

article shall be without prejudice to any other possible sanction

arising under the provisions of Title XVII of Book Third of this

Code.

Sub-title V

O F THE W ARRANT OF P ROHIBITORY I NJUNCTION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 873 Object of warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The object of a warrant of prohibitory injunction is to

restrain a person from doing anything whatsoever which might be

prejudicial to the person suing out the warrant.

(2) The court shall not issue any such warrant unless it is

satisfied that such warrant is necessary in order to preserve any

right of the person suing out the warrant, and that prima facie such

person appears to possess such right.

(3) The court shall not issue any such warrant against the

Government or authority established by the Constitution or any

person holding a public office in his official capacity unless the

authority or person against whom the warrant is demanded

confirms in open court that the thing sought to be restrained is in

fact intended to be done and the court is satisfied, after hearing the

explanations given, that unless the warrant is issued the prejudice

that would be caused to the person suing out the warrant would be

disproportionate when compared with the actual doing of the thing

sought to be restrained.

(4) If on an application, it is proved to the satisfaction of the

court that subsequent to the issue of the warrant of prohibitory

injunction the person restrained has acted directly or indirectly in

breach of the court’s order, the court shall, without prejudice to any

other action competent to it at law, at a request of applicant,

condemn the person against whom the warrant had been issued to

remedy what was committed in breach of its order and to authorise

in default the applicant to carry out such remedial works as the

court may direct at the expense of the person restrained.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 874 Warrant to secure debt or claim. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

* (1) A warrant of prohibitory injunction may also be

demanded by a creditor to secure a debt or any other claim

amounting to not less than eleven thousand six hundred and forty-

seven euro (11,647). The object of such a warrant is to restrain the

debtor from selling, alienating, transferring or disposing inter vivos

such property as may be indicated in the application by onerous or

gratuitous title or in any manner creating a burthen or real and, or

personal rights; provided that such a warrant shall not apply to the

constitution of any right on, or alienation or transfer of any

property made pursuant to a court order, or over bank guarantees

and letters of credit.

(2) Where a warrant prohibits the sale, alienation, transfer or

other disposal of immovable property the application shall contain

all the particulars relating to the person against whom it is directed

that are required by law in respect of the registration of a transfer of

immovable property by such person in the Public Registry. Where

the warrant refers to specific immovables, the application shall

describe them in the manner provided for in the Public Registry

Act, in respect of notes of enrolment, namely it shall apply with

r e f e r e n c e t o t h e g e o g r a p h i c al d a t a i n q u e s t i o n . W h e r e t h e

application refers to specific immovables it shall also be

accompanied by a complete draft of the note of enrolment for filing

in the Public Registry.

(3) The warrant referred to in sub-article (2) shall upon its

issue and at the expense of the applicant, be served by the

Registrar, within twenty-four hours, on the Director of the Public

Registry and the Land Registrar or on such authority as may be

nominated by the Minister responsible for justice, who shall

forthwith register the same in books kept for the purpose. Such

books shall be indexed and accessible to the public. It shall also be

served upon any person indicated by the applicant.

(4) Upon registration of the warrant referred to in sub-article

(2) by the Director of the Pub lic Registry, any future sale,

alienation, transfer or disposal of immovable property to which the

warrant refers shall be void and to no effect.

(5) Without prejudice to the provisions of article 836, the

warrant referred to in sub-article (2) shall, unless previously

revoked or otherwise ceasing to be in force, continue to have effect

for a period of one year from the date of final judgment in favour of

the creditor in his action for the recovery of the debt or claim

referred to in sub-article (1).

(6) Where a warrant prohibits the sale or transfer of the shares

in a commercial partnership, notice shall also be served on the

*Legal Notice 42 of 2016, which brought into force amendments made to this article

by article 21 of Act IV of 2016, stated that the provisions of the said article 21 are to

apply only to demands, for the issue of warrants, which are made after the 15th

February, 2016.

Registrar of Companies and from the date of such service any

transfer of shares shall be null.

(7) No action for damages shall lie against the Registrar for

failure to comply with any of the provisions of this article except

on the basis of wilful acts done in bad faith or of gross negligence.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 875 Execution of warrant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The application shall be served on the party against

whom it is issued who shall file a reply thereto within ten days

Provided that the court may, in urgent cases, reduce the said

period in this sub-article. In default of opposition, the court may

accede to the demand.

(2) The court may initially issue provisionally a warrant for a

short period under such terms and conditions as it may deem

necessary according to the case, and subsequently decide about the

matter in a definitive manner.

(3) The court shall, after appointing the application for hearing,

decide on its merits after receiving any evidence it deems fit,

within the shortest time possible but not any later than one month

from the day when the warrant had been filed and confirmed on

oath and the parties have been duly notified.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 876 Warrant in cases of personal separation or divorce. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where a spouse has brought or intends to bring before

the Civil Court, a suit for personal separation, the spouse may

request such court to issue a warrant of prohibitory injunction

(a) against the other spouse restraining such other spouse

from selling, alienating, transferring or disposing inter

vivos whether by onerous or gratuitous title any

shareholding in any commercial partnership if such

shareholding is comprised in the community of

acquests; or

(b) against any commercial partnership in which the other

spouse has a majority shareholding which pertains to

the community of acquests from selling, alienating,

transferring or otherwise disposing by onerous or

gratuitous title, any immovable property or rights

annexed thereto owned by that commercial

partnership; or

(c) against the other spouse from contracting any debt or

suretyship which is a charge on the community of

acquests.

(2) The demand referred to in sub-article (1) may be made at

any time after filing the application before the Civil Court, and

until final judgement has been given in any such action for

separation or divorce. The demand may also be made where it is the

other spouse who has made the said application.

(3) A warrant issued under this article shall not apply to the

constitution of any right on, or alienation or transfer of any

property made pursuant to any court order.

(4) When the warrant is duly served, any obligation referred to

in sub-article (1)(c) contracted after such service by the spouse

against whom the warrant is issued in favour of the person served

with the warrant shall be void and of no effect, and this without

prejudice to any liability for contempt of court under this Code.

(5) The spouse against whom the warrant is issued as well as

any partnership referred to in the warrant and any person showing

an interest may at any time by application request the court to

revoke or vary the warrant under this article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 876A Applicability of certain articles. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The provisions of articles 829 to 844 shall apply to the

warrant of prohibitory injunction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 877 Warrant to restrain a person from taking a minor outside Malta. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A warrant of prohibitory injunction may also be

issued to restrain any person from taking any minor outside Malta.

(2) The warrant shall be served on the person or persons

having, or who might have, the legal or actual custody of the minor

enjoining them not to take, or allow anyone to take, the minor, out

of Malta.

(3)

The warrant shall also be served on

(a) the officer charged with the issue of passports

enjoining him not to issue, and or deliver, any passport

in respect of the minor and not to include the name of

the minor in the passport of the minor’s legal

representatives or in the passport of any other person;

and

(b) the Commissioner of Police enjoining him not to allow

such minor to leave Malta.

(4) If, before the service of the warrant on the officer charged

with the issue of passports, a passport in respect of the minor had

already been issued or the name of the minor had already been

included in the passport of another person, such officer shall take

the necessary steps to withdraw the passport in respect of the

minor, and of any other passport which includes the name of the

minor, and to delete the name of the minor from such passport.

(5) The warrant shall contain the name and surname of the minor

and any other particulars that may be established by regulations, so as

to enable the persons served with the warrant to establish the identity

of the minor.

(6) Any person served with the warrant who, directly or

indirectly, takes the minor, or allows the minor to be taken, out of

Malta shall be guilty of contempt of court.

(7) The warrant which has not ceased to be in force for other

reasons, shall remain in force for one year to be reckoned from the

day on which it was issued, unless within such time the person

suing out the warrant shall have, upon an application to that effect,

obtained an extension.

(8) Such extension may be granted more than once, but it may

not be granted for more than one year each time.

(9) The decree allowing the extension shall state the date up to

which the warrant shall remain in force.

(10) The decree allowing the extension shall be served on the

persons mentioned in subsection (2) and (3).

(11) None of such persons shall incur any liability if, after the

expiration of the said time, whether original or extended, and

before the decree of any such extension has been served on him, he

shall act as if the warrant had ceased to be in force.

(12) The absence of a demand for an extension shall not be a bar

to the issue of a fresh warrant.

Sub-title VI

O F THE M EDITATIO F UGAE W ARRANT

Articles 876 to 888, both inclusive, were repealed by Act No. XII

of 1985.

Title VII

O F THE P ROTEST AND J UDICIAL L ETTER

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 889 Protest and judicial letter. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The object of a protest is to make a solemn intimation

or declaration in order to place other parties in bad faith, or to

preserve one’s own rights.

(2) Nevertheless, where the law provides that such intimation

or declaration is to be made by means of a judicial act without

specifying the form thereof, the intimation or declaration may be

made by means of a judicial letter.

(3) Where the law does not prescribe the manner in which such

intimation or declaration is to be made, the intimation or

declaration may be made orally.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 890 Effect from date of service. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The protest or judicial letter shall take effect from the day

of the service thereof.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 891 Act interrupting prescription to take effect from day of filing. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Nevertheless, where the protest or judicial letter is

intended to interrupt the course of prescription, such protest or

judicial letter shall take effect from the day on which it is filed,

provided, if service is not effected within the eight days following,

the party filing the protest or judicial letter makes a demand by an

application for the publication in the Government Gazette of a

notice, signed by the registrar, containing the substance of the act

itself, and such notice is published in the Government Gazette

within a month to be reckoned from the day on which the act is

filed.

(2) Where the demand for the publication of the notice in the

Government Gazette is not made in time for the publication thereof

to take place on the day appointed by the Government for the

ordinary publication of the Gazette, an issue of the Gazette

containing the said notice shall be published as soon as possible, on

another day, on the demand and at the expense of the party filing

the protest or judicial letter.

(3) The provisions of this article shall also apply if the act

interrupting the course of prescription is a warrant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 892 Cautio Angeli. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Cautio Angeli is abolished.

Title VIII

O F S ECURITY

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 893 Security. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any security prescribed by law, or ordered by the court, or

required in a lodgment schedule or in any other act, shall not, in

contentious matters, be deemed to be sufficient for the purpose for

which it is intended unless -

(a) the surety is accepted by the party concerned; or

(b) the time within which the sufficiency of the surety may

be impugned has elapsed and the party giving the

security has passed on to further acts, or has insisted on

obtaining the object for which the security was offered;

or

(c) the surety, if objected to, is declared to be sufficient by

the court, on the demand of the party producing the

surety against the party objecting; or

(d) the surety is named in the judgment, schedule, or other

act, ordering or requiring the security.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 894 How security is offered or objected to. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Unless otherwise provided by law, the security is

offered by means of a note or an application, stating the name,

surname, profession, trade, or other status of the surety, his place of

abode or his legally valid identification document number; such note

or application shall be served on the parties concerned who shall,

within a time to be fixed by the court according to the

circumstances of each particular case, declare whether they accept

or refuse the surety offered.

(2) Objection against the surety may be entered by means of a

note or in the answer to the application.

(3) If the security is offered in connection with proceedings

taken by application, whether sworn or not, the surety may be

named in the application, whether sworn or not.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 895 Where objection is made to sufficiency of surety. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where objection has been made to the sufficiency of

the surety ordered or required for the withdrawal of the proceeds or

of a portion of the proceeds of immovable property, the surety,

unless such surety be a local bank or an insurance company locally

represented, in each case approved by the court for the purpose,

shall not be declared sufficient unless it be shown on proceedings

taken against the party objecting that he possesses immovable

property in Malta sufficient to meet the debt or obligation for

which he has made himself liable.

(2) Nevertheless, the party seeking to withdraw the said

proceeds in whole or in part may, in lieu of producing the surety

prescribed by law or ordered by the court or required in a lodgment

schedule or in any other act, or, where the surety produced has been

objected to, in lieu of finding a new surety, demand that an

advocate be appointed by the court at his own expense and subject

to such other conditions as the court may in its discretion impose,

in order that he may investigate the title to the property sold and to

report whether there is any reasonable ground to fear that the

purchaser might be evicted or molested in the quiet enjoyment of

the property, and in any such case, if the advocate’s report shows to

the satisfaction of the court that the title to the property is a good

title and that there is no reasonable ground to fear that the

purchaser might be evicted or molested in the quiet enjoyment of

the property, the court shall, after hearing the purchaser, order that

the hypothecation made by the party seeking the withdrawal of the

proceeds, even if such party does not own immovable property,

shall in itself be sufficient security for the recovery of the proceeds,

regardless of any conditions originally imposed for such

withdrawal.

(3) Where the surety required is not in respect of the proceeds

of immovable property, it shall be lawful for the court on proof

being made to its satisfaction to declare the proposed surety to be

sufficient surety without the necessity of his having immovable

property.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 896 Security tor judicial costs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Security for judicial costs shall not be required,

except where prescribed by this Code.

(2)

Judicial costs shall also include the fees due to the registry.

(3) The security given may be objected to both by the registrar

and the opposite party.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 897 Form of objection. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any objection to the security for costs shall be made by

the opposite party in the answer or, in the case of counter-claims, in

the reply. Such objection may also be made by means of a protest,

provided that such protest is filed, in regard to actions before a

court of first instance, within the time allowed for the answer, or in

cases of a counter-claim, within the time allowed for the reply.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 898 Protest not to suspend running of time for filing pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The protest referred to in the last preceding article shall

not operate so as to suspend the running of the time prescribed for

the filing of any written pleading.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 899 Enlargement of time for filing pleading, etc., not to imply enlargement of time for objecting to security. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the time allowed for the filing of any written

pleading has been enlarged or where contumacy has been cleared,

the time within which objection to the security for costs may be

taken as provided in article 897 shall in no case be deemed to be

thereby enlarged or granted anew.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 900 Objection to be notified to party giving security. Party to give fresh security, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where objection to the security for costs is regularly

taken, the party giving the security shall be notified thereof; and

before the cause is set down on the list for hearing, he shall either

produce a fresh security, or file an application demanding that the

security already offered be approved, or that he be admitted to the

juratory caution if such caution is admissible.

(2) Any fresh security shall be notified as aforesaid, and

objection thereto may also be taken in the first act filed by the party

objecting within the time allowed for the filing of such act, or by a

protest, within a time corresponding to the time referred to in

article 897.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 901 Fresh security admissible, if previous security declared insufficient. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The disallowing of the demand contained in the

application referred to in the last preceding article, shall not

operate so as to bar the production of a fresh security; but such

security may always be objected to within the said time, after

notice thereof has been duly given to the parties concerned.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 902 Where objection is taken after cause is set down for hearing. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where objection to the security for costs is taken after

the cause is set down on the list for hearing, or where such

objection is notified less than two days before the cause is so set

down, the party giving the security may, on the day appointed for

the hearing, demand orally that he be allowed to prove, before the

commencement of the hearing, the sufficiency of the surety.

(2) Where the time for taking objection to the surety expires

after the cause is set down on the list for hearing, the objection may

be taken orally before the commencement of the hearing, and in

such case the party giving the security may demand that he be

allow ed the tim e o f at least two days in o rder to prove the

sufficiency of the surety.

(3) In either case, failing such proof, the provisions contained

in articles 200 to 209 inclusive, shall be observed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 903 Objection to security by registrar. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where objection to the security for costs is taken by the

registrar, such objection shall be made by a protest within the time

referred to in articles 897 and 900

Provided that in the cases referred to in the last preceding article,

the objection shall be made orally, as provided in sub-article (2) of

that article.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 904 Juratory caution. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall be lawful to admit the plaintiff or appellant to

juratory caution, if he shows prima facie a probabilis causa

litigandi and swears that he was unable to raise such security as is

required by law.

(2)

It shall be lawful for the court at the hearing of the

application for the juratory caution, to proceed to hear the merits in

so far as the same might bear on the issue as to the juratory caution.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 905 Special rules respecting security. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the absence of any special provisions to the contrary in

regard to security, the following rules shall be observed

(a) the Government of Malta is exempt from giving any

security whatsoever prescribed or required;

(b) churches or other pious institutions or bodies corporate

may, in matters in which they are concerned, and after

having obtained the requisite authority, give a

hypothecary security affecting property belonging to

them, in lieu of any other security prescribed or

required;

(c) in the case of a deposit representing the proceeds of a

sale of immovable property, the person applying for

the withdrawal of such deposit may be allowed to give

a hypothecary security on his own property, if he

shows to the full satisfaction of the court, in

proceedings taken against the party in whose favour

the security is prescribed or required, that he possesses

sufficient immovable property, situate in Malta, to

safeguard the interest to be secured; the costs of such

proceedings shall be borne by the plaintiff, saving his

right, if any, to recover them from any person liable

therefor;

(d) if a surety after being accepted becomes insolvent,

another shall be produced;

(e)

(i)

the surety shall enter into a bail-bond in the

registry of the competent court;

(ii) a bail-bond shall also be entered into by the

principal debtor where he is required expressly

to bind himself, even in the case of a juratory

caution or a hypothecary security;

(iii) in either case the obligation on the bond may be

enforced by personal arrest;

(f)

it shall be lawful for the surety, at any time, to release

himself from his obligation, by substituting another

sufficient security;

(g) any person interested may cause the said obligations,

as well as the hypothecary security referred to in

paragraphs (b) and (c), to be registered in the Public

Registry.

Title IX

O F D ISCONTINUANCE

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 906 Withdrawal of acts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any of the parties may, by means of a note signed by

him or his advocate, at any stage of the trial before definitive

judgment is given, withdraw the acts filed by him.

(2) If on the day appointed for the trial as stated in article 152,

the notice mentioned in article 152(2) was not served upon him, his

advocate or his legal procurator, and the failure of service has

persisted for more than one month from the date first set for the

trial, the court shall adjourn the case sine die.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 907 Effect of withdrawal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The withdrawal produces the same effects as

desertion.

(2) The party discontinuing the action shall pay the costs of the

proceedings, and he may not commence another action for the same

cause before he has actually paid such costs to the other party.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 908 Conditional withdrawal. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the withdrawal is not unconditional, it shall be

lawful for the other party not to accept it and to insist that the

action be proceeded with and determined.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 909 Annexing of exhibits to fresh record. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the party discontinuing the action desires to commence

another action for the same cause, any of the exhibits or any other

evidence produced by him in the former proceedings, shall at his

request be inserted in the record of the new action; and where the

new action is, or has been instituted in another court, any such

exhibits or any other evidence shall, upon a demand to that effect

by an application, be forwarded to such other court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 910 Effect of discontinuance of appeal by some of the co-appellants. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where several parties having the same interest have

entered an appeal against a judgment and some of the parties have

discontinued their appeal, it shall not be lawful for the other parties

continuing the appeal to demand, in the same proceedings, the

adjudication in their favour of the shares of the parties

discontinuing the appeal in addition to what they have originally

claimed.

Title X

O F THE A DMISSION TO S UE OR D EFEND WITH THE

B ENEFIT OF L EGAL A ID

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 911 Benefit of legal aid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The demand for admission to sue or defend with the

benefit of legal aid in any court mentioned in articles 3 and 4, in

any arbitration which is compulsory by law and before any other

adjudicating authority where the benefit of legal aid is by law

granted, shall be made by application to the Civil Court, First Hall.

(2) Nevertheless, such demand may also be made orally to the

Advocate for Legal Aid.

(3)

The decree granting the benefit shall apply to all the courts

and adjudicating authorities mentioned in sub-article (1).

(4) The Advocate for Legal Aid shall render his professional

services to persons whom he considers would be entitled to the

benefit of legal aid, and prior to their obtaining such benefit,

prepare and file all judicial acts, which may be of an urgent matter.

The following procedure shall be followed

(a) the Advocate for Legal Aid, shall file an application in

the competent court in his own name requesting that he

be authorised to file specific judicial acts, on behalf of

a person or persons claiming the benefit for legal aid

as he considers the matter urgent;

(b) the competent court shall, in such an event, allow such

request unless there are serious reasons to the

contrary;

(c) the Advocate for Legal Aid, after the judicial acts are

allowed to be filed, shall then follow the normal

procedure leading to the appointment or otherwise of

an advocate and legal procurator ex officio as provided

in this Title

Provided that if the Civil Court, First Hall, shall

subsequently exclude the benefit of legal aid, this shall not produce

the nullity of any judicial act filed with such benefit but shall

merely terminate for the future the benefit of legal aid given as

aforesaid, and the court may order that the person deprived of such

benefit pay all costs incurred.

(5) The Minister responsible for justice shall provide such

facilities as are necessary for the proper administration of the

benefit of legal aid.

(6) There shall be an Advocate for Legal Aid and the

expression ''Advocate for Legal Aid'' in this Code or in any other

law includes any other lawyer, officer or public officer designated

by the Minister responsible for justice to perform, under the

guidance of the Advocate for Legal Aid, any function pertaining to

the Advocate of Legal Aid or to the administration of the benefit of

legal aid.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 912 Conditions for admission to the benefit of legal aid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

No demand as is mentioned in article 911 shall be granted

unless the applicant confirms on oath, in the case of an application,

before the registrar, and in the case of an oral demand, before the

Advocate for Legal Aid

(a) that he believes that he has reasonable grounds for

taking or defending, continuing or being a party to

proceedings; and

(b) that excluding the subject-matter of the proceedings,

he does not possess property of any sort, the net value

whereof amounts to, or exceeds, thirteen thousand euro

(€13,000), or such other sum as the Minister

responsible for justice may from time to time by order

in the Gazette establish, not including everyday

household items that are considered reasonably

necessary for the use by applicant and his family, and

that his yearly income is not more than the national

minimum wage established for persons of eighteen

years and over, or such other sum as the Minister

responsible for justice may from time to time by order

in the Gazette establish

Provided that in calculating the said net asset

value, no account shall be taken of the principal

residence of applicant or of any other property,

immovable or movable, which forms the subject

matter of court proceedings, even though such other

property is not the subject-matter of the proceedings in

respect of which legal aid is being applied for

Provided further that in calculating the said net

asset value, account shall be taken of the rent paid for the

property used as the main residence, upon presentation of

a registered contract according to law and relevant

payment receipts; and account shall be taken of the

maintenance paid to the other spouse and children, issued

by a Court order, upon presentation of relevant evidence

of payment

Provided further that in calculating the income,

the period of computation shall be the twelve months’

period prior to the demand for the benefit of legal aid.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 913 Non-applicability of s. 912. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The provisions of the last preceding article shall not

apply to the granting of legal aid to any person for bringing an

action for the correction or cancellation of any registration, or for

the registration, of any act of birth, marriage or death.

(2) Where any such action is disallowed the court shall deprive

of such benefit the person admitted to proceed with the benefit of

legal aid and, unless it sees good cause to the contrary, order him to

pay all costs of the suit.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 914 Examination of demand for benefit of legal aid by Advocate for Legal Aid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the demand is made by an application, the

Civil Court, First Hall, shall refer the application to the Advocate

for Legal Aid who shall summarily examine the demand and report

to the Civil Court, First Hall, whether the applicant has reasonable

grounds for taking or defending proceedings, and where the

demand is made orally to the Advocate for Legal Aid, he shall

proceed directly with such examination and report

Provided that no such examination shall be necessary where the

demand for admission to the benefit of legal aid is made by the

defendant in first instance or the respondent in second instance, and

such defendant or respondent shall always be admitted to defend

with such benefit upon taking the oath prescribed in article 912.

(2) Where the defendant desires to set up a counter-claim

against the plaintiff, the said examination shall be made in regard

to such counter-claim.

(3) Where the Advocate for Legal Aid deems it necessary to

examine witnesses, he shall apply to the Civil Court, First Hall, for

such witnesses to be summoned to attend before him.

(4) The writ of subpoena to such witnesses shall be issued free

of charge.

(5) The Advocate for Legal Aid, before taking the evidence of

the witnesses, shall administer the oath to them.

(6) Should any witness, duly summoned, fail to attend, the

Civil Court, First Hall, shall, on the report in writing of the

Advocate for Legal Aid, proceed in the manner provided in article

575.

915. Repealed by: IX.2004.10.

Liġijiet ta' Malta — Kapitolu 12 — KODIĊI TA’ ORGANIZZAZZJONI U PROĊEDURA ĊIVILI

Art. 915 Notifika tat-talba lill-parti kuntrarja. Emendat: IX.1886.113; XXXI.1934.79; XXIII.1971.42; XXIV.1995.333. — KODIĊI TA’ ORGANIZZAZZJONI U PROĊEDURA ĊIVILI Open official source

Mħassar bl-Att IX.2004.10.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 916 Enlargement of time for report of advocate for Legal Aid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where in any particular case, the character of the

examination to be made by the Advocate for Legal Aid is such as to

require a longer period of time, he shall make an application to the

Civil Court, First Hall, and the court may grant such extension of

the time as it may deem necessary.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 917 Decree allowing or rejecting demand for legal aid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the report of the Advocate for Legal Aid is in favour of

the applicant, the latter shall be admitted to the benefit applied for;

but if the report is unfavourable, it shall be examined by the Civil

Court, First Hall, which shall give the parties the opportunity to

make their submissions, before it decides on whether to accept the

adverse report, or to reject the report and admit the demand.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 918 Advocate and legal procurator to be assigned to person with benefit of legal aid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Civil Court, First Hall, shall assign to the party

admitted to proceed with the benefit of legal aid the advocate and

the legal procurator whose turn it is according to the rota referred

to in article 91, and it shall be lawful for such party for a good

cause, to request the court, through the Advocate for Legal Aid, to

substitute the advocate or legal procurator by another advocate or

legal procurator from the rota

Provided that if the party is admitted to appeal with the benefit of

legal aid from a judgment of first instance, he shall continue to be

served by the advocate and legal procurator assigned to him as

aforesaid.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 919 When party may not be admitted to proceed with the benefit of legal aid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) A person shall not be admitted to proceed with the

benefit of legal aid -

(a) where in the same cause and by the same court a

demand made by such party for admission to the

juratory caution or any other benefit whatsoever has

been disallowed for want of a probabilis causa

litigandi on the part of the applicant in respect of the

action which he intends to prosecute; or

(b) where in regard to the same action, such party has

already been by the same court refused admission to

proceed with the benefit of legal aid for want of a

probabilis causa litigandi.

(2) The provisions of this article shall apply so long as the

circumstances relating to the absence of a probabilis causa

litigandi remain the same.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 920 Person with benefit of legal aid to be exempt from payment of fees, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The person admitted to proceed with the benefit of

legal aid shall be exempt from the payment of all fees and from

giving security for costs; but the plaintiff, or the defendant setting

up a counter-claim, as the case may be, shall give a juratory caution

to pay the costs, if able to do so, to the opposite party, in case it

shall be so adjudged.

(2) Where the party proceeding with the benefit of legal aid is

cast in costs, it shall in no case be lawful for the registrar to claim

from the successful party the fees due to the registry.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 921 Where party proceeding with the benefit of legal aid succeeds in his action. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the party admitted to proceed with the benefit of legal

aid succeeds in the action, he shall, out of the amount obtained or

out of the proceeds of the judicial sale by auction of the movable or

immovable property effected in pursuance of the judgment, pay the

fees due to the registry, advocate, legal procurator and to the

curators and referees, if any, saving his right of reimbursement as

against the party who may have been ordered to pay such fees.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 922 Nullity of acts not in accordance with terms of admission. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) All acts filed by the party proceeding with the benefit

of legal aid shall be null if they are not in accordance with the

terms of the admission to such benefit.

(2) Nevertheless, it shall be lawful for the advocate assigned to

the party admitted to proceed with the benefit of legal aid to bring

the action in a manner different from the terms of the admission, if

he deems it expedient so to do in the interest of such party,

provided he shall not substantially alter the claims admitted in the

report of the Advocate for Legal Aid.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 923 Where person may be deprived of benefit. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The Civil Court, First Hall, shall deprive of such

benefit the person admitted to proceed with the benefit of legal aid

if it is shown that he possesses capital or income exceeding that

established for the grant of legal aid.

(2) If it is shown that he knowingly possessed such capital or

income at the time the benefit of legal aid was granted or that he

knowingly had an increase in his financial circumstances pendente

lite thereby possessing such capital or income in excess of that

established for the grant of legal aid and had failed to report the

same to the Civil Court, First Hall, then it shall be lawful for the

said court to condemn him for contempt of court

Provided that no contempt proceedings shall be taken by

the said court if such a person is liable to legal proceedings for

perjury, and the said court has ordered that he be forthwith arrested,

and that a copy of the acts be transmitted without delay, through the

registrar, to the Court of Magistrates in order that proceedings may

be taken according to law.

(3) The Civil Court, First Hall, shall also deprive the applicant

of such benefit if he is proceeding vexatiously.

(4) In all cases in which the applicant for the benefit of legal

aid has been deprived of such benefit, he shall be liable personally

for all the costs of the proceedings to which he would have been

liable if the benefit of legal aid had not been granted to him.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 924 Penalty for advocate or legal procurator refusing his aid without just cause. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If the advocate or legal procurator assigned to the person

admitted to the benefit of legal aid, without good cause, refuses to

undertake or continue the case, it shall be lawful for the Civil

Court, First Hall, to sentence such advocate or legal procurator to

pay the expenses necessary for the suit, or order him to undertake

or continue the case under pain of interdiction from the exercise of

his profession for a period not exceeding one month.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 925 Duties of advocate or legal procurator. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The advocate or legal procurator assigned to the

person admitted to the benefit of legal aid shall

(a) act in the best interest of the person admitted to the

benefit of legal aid, and may not demand any form of

payment from that party;

(b) appear in court when the case of the person admitted to

the benefit of legal aid is called;

(c) make the necessary submissions and file the requisite

notes, applications, replies, notices, applications, and

other written pleadings as circumstances require.

(2) The advocate or legal procurator shall remain responsible

for a cause assigned to him as aforesaid, until the same has been

finally disposed of, even though the period of his appointment may

have expired.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 926 Companies not entitled to legal aid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Companies registered under the Companies Act shall not

be entitled to the benefit of legal aid.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 927 Demand and grant of benefit of legal aid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.340.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 928 Applicability of preceding articles. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by: XXIV.1995.340.

Title X A

O F L EGAL A ID (CROSS-BORDER DISPUTES)

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 928A Interpretation. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

For the purposes of this Title

"cross-border dispute" means a dispute where the party applying for

legal aid in the context of the Directive is domiciled or is habitually

resident, as determined by Article 59 of Council Regulation (EC)

No. 44 of 2001, in a Member State other than Malta or where the

decision is to be enforced, with the exception of disputes relating to

maintenance obligations;

"the Directive" means the provisions of Council Directive 2002/

8/EC of the 27th January, 2003 to improve access to justice in

cross-border disputes by establishing minimum common rules

relating to legal aid for such disputes;

"Member State" means any State referred to in the definition "the

Treaty" contained in article 2(1) of the European Union Act,

excluding Denmark.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 928B Right to legal aid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Legal aid shall be granted to the applicants involved

in a cross-border dispute who are, partially or totally, unable to

meet the costs of the proceedings as a result of their economic

situation.

(2) Applicants who have received legal aid in a Member State

other than Malta in respect of proceedings before a court in that

other Member State shall be entitled to receive legal aid in Malta if

recognition or enforcement of the judgement is sought in Malta.

(3)

Legal aid applies to

(a) pre-litigation advice with the aim of reaching a

settlement prior to instituting legal proceedings;

(b) legal assistance and representation in court, even at the

appeal stage, with or without the cost of proceedings

of the recipient;

(c) the costs of the opposing party had the recipient lost

the case and would be so obliged to pay such costs if

he were domiciled or habitually resident in the

Member State in which the court is sitting;

(d) the enforcement of authentic instruments in another

Member State;

(e) extrajudicial procedures under the conditions defined

in the Directive if there is a legal requirement for the

parties to use them or if the parties to the dispute are

ordered by the court to have recourse to them.

(4) Legal aid shall be granted or refused by the competent

authority when the Court is sitting in Malta and by the competent

authority of the Member State other than Malta when the Court is

sitting outside Malta.

(5) Without prejudice to sub-article (4), legal aid applicants

may not be prevented from legal aid if they prove that they are

unable to pay the cost of the proceedings as a result of differences

in the cost of living between the Member State of domicile or

habitual residence and of the forum.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 928C Appointment of the competent authority. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

For the purposes of the Directive, the competent authority

in Malta is the Advocate for Legal Aid as defined in article 911(6).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 928D Functions of the competent authority. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be the duty of the competent authority

(a) to act as a receiving or transmitting authority for legal

aid applications;

(b) to assist the applicant in ensuring that the application

is accompanied by all the supporting documents

known by such applicant to be required to enable the

application to be determined;

(c) as a transmitting authority, to assist the applicant in

providing the translation of the application and of the

necessary supporting documents when the application

is submitted to the authorities in another Member

State;

(d) as a receiving authority, to assess the economic

situation of a person in the light of the provisions of

article 912, including the amount of the resources of

persons who are financially dependent on the

applicant;

(e) to grant or refuse legal aid;

(f)

to consider, when taking a decision on the merits of an

application, and without prejudice to paragraph (d),

the importance of the individual case to the applicant,

and may also take into account the nature of the case

when the applicant is claiming damage to his or her

reputation but has suffered no material or financial

loss, or when the application concerns a claim arising

directly out of the applicant’s trade or self-employed

profession;

(g) to keep the applicant informed with the processing of

the application, and where the application is totally or

partially rejected, to give reasons for the rejection;

(h) to decide whether recipients of legal aid must refund in

whole or in part the assistance granted if their financial

situation has substantially improved or if the decision

to grant legal aid had been taken on the basis of

inaccurate information given by the recipient and to

collect any reimbursement so due.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 928E Procedure. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Legal aid applications by persons who are domiciled

or habitually resident in Malta may be submitted either

(a) to the competent authority in Malta hereinafter

referred to as "the transmitting authority"; or

(b) to the competent authority of the Member State in

which the court is sitting or where the decision is to be

enforced, hereinafter referred to as "the receiving

authority".

(2) Legal aid applications shall be completed in accordance

with such forms as may be prescribed by the Minister responsible

for justice by Order in the Gazette.

(3) The competent authority in Malta may decide to refuse to

transmit an application to the receiving authority of another

Member State if it is manifestly

(a) unfounded; or

(b) outside the scope of the Directive.

When an application for transmission is totally or partially

rejected, the reasons for rejection shall be given, and the provisions

of article 917 shall apply.

(4) Without prejudice to sub-article (3), when the competent

authority in Malta receives a request for legal aid in relation to

proceedings which are being heard before a court in a Member

State other than Malta, it shall transmit the application to the

competent receiving authority in the other Member State within

fifteen days of the receipt of the application duly completed in one

of the languages of the Member State of the competent receiving

a u t h or i t y, a n d t he s u p p o r t i n g d o c u m e n t s t r a n s l a te d , w h e r e

necessary, into one of those languages.

(5) Applicants for legal aid shall be fully informed of the

processing of the application.

(6) Where the competent authority in Malta refuses to grant

legal aid, it shall inform the applicant of the reasons for rejection,

and the provisions of article 917 shall apply.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 928F Costs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Legal aid granted by the competent authority in Malta

when it is acting as a receiving authority shall cover the following

costs

(a) interpretation;

(b) translation of documents required by the court or by

the competent authority and presented to the recipient,

which are necessary for the resolution of the case;

(c) travel costs to be borne by the applicant where the

physical presence of the persons concerned with the

presentation of the applicant’s case is required in

court, and the court is satisfied that the persons

concerned cannot be heard to the satisfaction of the

court by any other means.

(2)

Legal aid granted by the competent authority in Malta when

it is acting as a transmitting authority shall cover the following

costs

(a) costs relating to the assistance of a local lawyer or

another person entitled to give legal advice, incurred

by the competent authority until the application for

legal aid has been received in the Member State where

the court is sitting;

(b) the translation of the application and of the necessary

supporting documents when the application is

submitted to the authorities of that Member State

where the court is sitting.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 928G Other costs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Costs related to the translation of the application and

su ppo rti ng docu men ts in curred by the co mp etent aut hority

following an application for legal aid by a person domiciled or

habitually resident in Malta shall be repaid to the competent

authority if the application is rejected by the competent authority of

the Member State other than Malta where the Court is sitting.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 928H Miscellaneous. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Documents transmitted by the competent authority shall

be exempt from legislation or other similar formality.

Title X B

OF LEGAL AID IN CROSS-BORDER DISPUTES RELATING TO

MAINTENANCE OBLIGATIONS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 928I Interpretation. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) For the purposes of this Title

"Central Authority" means the Director as designated pursuant

to International Maintenance Obligations Order or such other authority

as the Minister may by notice designate from time to time;

"Contracting State" means a Member State of the European

Union or a Contracting State to the Convention, as the case may be;

"the Convention" means the Hague Convention on the

International Recovery of Child Support and Other Forms of Family

Maintenance concluded on the 23rd November 2007;

"creditor" means any individual to whom maintenance is owed

or is alleged to be owed;

"decision" means a decision in matters relating to maintenance

obligations given by a court of a Contracting State, whatever the

decision may be called, including a decree, order, judgment or writ of

execution, as well as a decision by an officer of the court determining

the costs or expenses;

"the Regulation" means Council Regulation (EC) No 4/2009 of

18 December 2008 on jurisdiction, applicable law, recognition and

enforcement of decisions and cooperation in matters relating to

maintenance obligations;

"requested Contracting State" means the Contracting State whose

Central Authority receives an application pursuant to Chapter VII of the

Regulation or pursuant to Chapter III of the Convention;

"requesting Contracting State" means the Contracting State

whose Central Authority transmits an application pursuant to Chapter

VII of the Regulation or pursuant to Chapter III of the Convention’.

(2)

For the purposes of this Title, the term ‘court’ includes the

administrative authorities of the ContractingStates with competence in

matters relating to maintenance obligations pursuant to the Regulation

or the Convention, as the case may be

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 928J Application for Legal aid. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) An application for legal aid made by a party to a dispute

covered by the Regulation or the Convention who is resident in Malta,

being the requesting Contracting State, shall be submitted to the Central

Authority which shall transmit such application to the Central Authority

of the requested Contracting State.

(2)

Where an applicant for legal aid who is a party to a

dispute covered by the Regulation or the Convention is resident in

another Contracting State, being the requesting Contracting State, the

Central Authority shall receive and transmit such application to the

Advocate for Legal Aid.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 928K Waiver of fees. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Advocate for Legal Aid and the Registrar, as

applicable, shall waive all fees pertaining to the provision of the

assistance referred to in Article 45 of the Regulation, including in

relation to the filing of any act, in respect of any application made

by a creditor under Article 56 of the Regulation or under Chapter III

of the Convention, concerning maintenance obligations arising from

a parent-child relationship towards a person under the age of 21

Provided that, in relation to applications other than those

for the recognition or recognition and declaration of enforceability of

decisions, or for the enforcement of decisions given or recognised in

Malta as the requested Contracting State, the Advocate for Legal Aid

and, or the Registrar may refuse to apply this Article if they consider

that, on the merits, the application or any appeal or review is

manifestly unfounded

Provided further that where an applicant as referred to in

this article, having received free legal aid, is unsuccessful in the case,

the Advocate for Legal Aid and the Registrar shall be entitled to

recover the expenses so waived, insofar as the applicant’s financial

situation so permits.

Title XI

O F C URATORS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 929 Where curators are to be appointed in superior courts or Gozo court in superior jurisdiction. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Besides the cases where by express provision of this Code

the appointment of curators is necessary, the court shall also

appoint curators to appear in and defend proceedings in any of the

superior courts or in the Court of Magistrates (Gozo) in its superior

jurisdiction -

(a) in the interest of any absent person or minor not legally

represented, or person with a mental disorder or other

condition, which renders him incapable of managing his

own affairs, or person interdicted or any person uncertain

who is entitled to succeed to an entail or to any vacant

inheritance not legally represented or any person who

may in future be entitled to succeed to such entail or

inheritance; or

(b) in the interest of any person not known to be living or

presumed to be dead, where, for the purposes of any

action, it is necessary judicially to call upon such

person; or

(c) in the interest of any person presumed to be dead,

where any other person claims to succeed to the rights

of such person; or

(d) in the interest of any commercial partnership

registered or established under the Commercial

Partnerships Ordinance * or any other law substituting

the same Ordinance or any body of persons or other

organization if the person or any of the persons vested

with the representation thereof is or are absent from

Malta or where there is or are no such person or

persons, or enough persons vested with such

representation.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 930 Appointment of curators before or in the course of proceedings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The curators shall be appointed by the competent

court on a demand made by an application filed together with the

act whereby the action is commenced; in any such case the names

of the curators shall not be stated in the act whereby the action is

commenced, and it shall be the duty of the registrar, upon the

appointment of the curators, to insert the names of such curators in

the act before giving course thereto.

(2) Curators may also be appointed on an application pendente

lite or even on a verbal demand made during the hearing of the suit,

where the appointment of curators becomes necessary after the

commencement of the suit.

(3) The filing of any such application shall suspend the course

of any time respecting the acts of procedure.

*Repealed by Act XXV of 1995 (Cap. 386).

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 931 Issue of banns. Posting up and service of banns. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The court, upon making an order for the appointment

of curators, shall issue banns to be posted up at the entrance of the

building in which the court sits.

(2) A copy of the banns together with a copy of the pleading or

a summary thereof shall be served on one of the persons most

closely related to the person to be represented or in respect of

whose inheritance the appointment of curators is demanded, and

where no relations are known, such copy shall be served on some

other person known to be or have been a friend of the person

concerned.

(3) Where no relation or friend as is mentioned in sub-article

(2) is known to the person demanding the appointment of curators,

the court may order that instead of the service mentioned in sub-

article (2) a copy of the banns together with a copy of the pleading

or a summary thereof be published in the Government Gazette and

in at least two daily newspapers at the expense of the applicant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 932 Contents of banns. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The banns shall contain an indication of the demand

for the appointment of curators and of the order of the court,

together with an intimation that any person willing to accept the

appointment is to appear, within six days in the registry and declare

his acceptance by means of a note.

(2) There shall also be stated in the banns that, in default of any

such declaration, the court shall proceed to appoint official

curators.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 933 Confirmation as curator of person offering to accept appointment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where any person appears and, by a note signed by him,

offers to accept the appointment, it shall be lawful for the court, if

it deems it for the benefit of the interest to be represented, to

confirm as curator the person so appearing.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 934 Appointment of official curators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

If no person appears within the said time of six days, or if

the court does not confirm the person appearing, the court shall

appoint as curators an advocate and a legal procurator from those

on the rota mentioned in article 91.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 935 Person confirmed as curator not entitled to expenses. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The person appearing to the banns, if confirmed as curator,

shall not be entitled to the reimbursement of the expenses, except

where a favourable judgment is obtained with costs.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 936 Duties of curators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The curators are bound to use their best diligence for

the benefit of the interest which they represent. The duties of the

curators shall include the following

(a) to fully inquire as to the rights of the persons whom

they represent and to identify these rights;

(b) to take all the necessary measures to safeguard the

aforesaid rights;

(c) to contact forthwith the person or persons whom they

represent, if the address is known; if unknown, they

are to take all possible measures to find out their

address including that of publishing, with the authority

of the court, a notice in a newspaper of the place where

last known;

(d) to inform the person or persons whom they represent

of any judicial act and of the contents thereof;

(e) to obtain all the necessary information to defend the

interests of the person or persons whom they

represent;

(f)

to continue looking after the interests of the person or

persons whom they represent with regard to pending

matters although the period of appointment under

articles 89 or 90 may have expired; and

(g) to keep the court regularly informed of all actions

taken in the execution of their duties.

(2) The curators shall be liable for damages and interest which

may be occasioned by their negligence.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 937 Duties of legal procurator appointed as curator. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The legal procurator appointed to act as curator shall

obtain for the advocate such information as to facts as the advocate

shall require, file the written pleadings, be present at the hearing,

and afford all other necessary assistance to the advocate.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 938 Fees due to official curators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The curators appointed from the rota shall, respectively, be

entitled to the necessary expenses incurred by them and to such

fees as according to the tariffs in Schedule A annexed to this Code

are generally due to the advocate and the legal procurator in a

cause

Provided that the court may at the request of the curator

order that a provisional sum be paid on account and in advance to

the curator by the person requesting the appointment of such

curator to cover expenses which the curator indicates that he would

be incurring

Provided further that where the court removes a curator in

case of misconduct or negligence according to the provisions of

article 96, the court shall order that no fees as aforesaid be paid to

the curator or that only a specified portion thereof be paid, without

prejudice to any other right competent to the person he was

representing for damages suffered.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 939 Appointment as curators of persons expert in the subject-matter of the curatorship. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where the curator is to be entrusted with the charge of

ships or merchandise, the court shall appoint as curator a person

who is skilled in the matter for which the appointment is sought,

but if any action shall arise, the court shall, in addition to such

curator, appoint one of the advocates on the rota mentioned in

article 91.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 940 Appointment of curators ad litem in inferior courts. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the Court of Magistrates (Malta) and in the Court of

Magistrates (Gozo) in its inferior jurisdiction, the appointment of

curators ad litem shall be made on the verbal demand of the party,

observing the procedure laid down in articles 931, 932 and 933.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 941 Power of court. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where, in the cases referred to in the last preceding article,

no person voluntarily appears to assume the curatorship, or the

court does not deem it proper to confirm the person appearing, the

court shall appoint as curator an advocate or a legal procurator even

though not on the rota mentioned in article 91.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 942 Procedure prescribed in Title to apply to cases arising before court of second instance or on new trial. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The procedure prescribed in this Title shall also apply

where the occasion for appointing curators arises before a court of

second instance or on a new trial.

Title XII

O F D EPOSITS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 943 Irregular deposits (i.e. lodgment of money legally current in Malta). — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Irregular deposits of moneys in the superior or

inferior courts shall be effected by the filing of a schedule in the

registry and the lodging of the moneys in the place appointed by the

Minister responsible for justice by a notice in the Government

Gazette.

(2) A copy of the lodgment schedule shall be served upon all

parties interested.

(3) The lodgment schedule shall be signed by an advocate or a

legal procurator, as the case may be

Provided that in matters pertaining to the Civil Court, First

Hall or to the Court of Magistrates (Gozo) in its superior

jurisdiction in commercial matters or to the inferior courts, the

signature of the person making the deposit shall be sufficient.

(4)

The Government shall be responsible for such deposits.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 944 Conditions for withdrawal of money. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Save as otherwise provided by law, the money so

lodged may not be withdrawn, in whole or in part, except on

c ompliance w ith the conditions l a i d d ow n i n t h e lo d gm e n t

schedule, unless the withdrawal of such money is effected in

execution of a judgment constituting a res judicata or in pursuance

of the express consent of the parties interested.

(2) Where, however, the lodgment is made by the marshal or

other executive officer to whom, in the execution of any warrant

issued in virtue of a judgment or other executive title, the debtor

may have delivered, either wholly or in part, the amount stated in

the warrant, on condition that such amount shall remain on deposit,

the creditor at whose suit execution was issued, shall, on his

demand, even verbal, be allowed to withdraw such amount, unless

the debtor, within fifteen days from the execution of the warrant, by

sworn application, shall have brought forward his reasons against

the withdrawal by the creditor of such amount, wholly or in part.

(3) The said time of fifteen days may be extended, on good

cause being shown, to another fifteen days only, on the demand of

the debtor by an application.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 945 Duties of registrar in connection with withdrawal of money. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where a deposit is withdrawn, wholly or in part,

either on account or in full settlement of a debt due under a

judgement or other public deed, the registrar shall, on the demand

and at the expense of any person interested, enter a note of such

withdrawal in the margin of the judgment, and transmit a note

thereof to the notary or other officer before whom the deed from

which the debt arises was received or who is the keeper thereof.

(2) Where the debt referred to in sub-article (1) is secured by

any one of the lawful causes of preference specified under article

1996 of the Civil Code, any interested party may effect the

reduction or cancellation of the relative registration in the manner

provided in articles 2065 and 2066 of the aforementioned Code.

The relative note shall be signed by the person requesting the

reduction or cancellation of the registration or by an advocate, a

notary or a legal procurator.

(3) It shall be a pre-requisite for such registration that an

authentic copy of the note of withdrawal referred to in sub-article

(1) be annexed to the note of reduction or cancellation.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 946 Claim touching a deposit, equivalent to garnishee order. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where a claim is made by sworn application touching

a deposit existing in any court, the registrar shall, on the demand of

the party, make a note thereof on the lodgment schedule and such

claim shall, upon such demand, have the effect of a garnishee order

until the decision on such claim shall have become res judicata,

saving the provisions relating to the enforcement of judgments

pending an appeal therefrom.

(2) The provisions of sub-article (1) shall also apply in the case

where the claim is made by an application, provided the applicant

makes a demand to the registrar to enter a note of such claim on the

lodgment schedule.

(3) The demand referred to in this article shall be made by

means of a note.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 947 Withdrawal of deposit made under a schedule of redemption. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any deposit made under a schedule of redemption may,

the right of redemption being waived, be withdrawn by the party

making the deposit without the necessity of the consent of the party

against whom the right of redemption was sought to be exercised,

even though the latter may have been notified of the deposit,

provided he shall not have signified by means of a judicial act his

acceptance of the redemption.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 948 Deposit of things other than cash. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any deposit not consisting in cash shall be made in

the manner prescribed in article 943, but a detailed description of

the things deposited shall be made in the schedule.

(2) Saving the provisions of article 951, the things deposited

shall remain under the custody of the registrar.

(3) The same rule shall be observed if the deposit is made by

the marshal in the execution of a court warrant.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 949 Rules regarding place for deposit of things other than cash. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) The courts shall have power to make special rules in

regard to the place appointed for the deposits referred to in the last

preceding article, and for the due preservation of the things

deposited.

(2) Where the things seized are so bulky or in such a number as

to occupy considerable space, or if there is no more room in the

place appointed by the Minister responsible for justice, the person

making the deposit shall, at his own expense, provide another

place, to the satisfaction of the registrar, saving in any such case

the right, if any, of such person to the reimbursement of such

expense against the party in whose favour the deposit is made or

other parties interested.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 950 Compulsory withdrawal of things other than cash in certain cases. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) If the parties interested in any of the deposits referred

to in article 948, fail to take the necessary steps for the disposal of

the things deposited, it shall be lawful for the court, after ten years

from the date of the deposit, if it consists of jewels or articles of

precious metal, or after three years, if it consists of other things,

upon the application of the registrar, to direct that the interested

parties named in the lodgment schedule be called upon by the

registrar by letter, to take the necessary steps, within such

reasonable time as the court may fix; and, in default, to order the

withdrawal by the owner of the things deposited, or the judicial sale

thereof by auction; in the latter case, the proceeds of such sale shall

be lodged in court.

(2) The proceeds so lodged shall for all purposes of the law be

considered as if they were the identical thing sold.

(3) The intimation referred to in sub-article (1), if it cannot be

made otherwise, may be made by means of a public notice to be

posted up at the entrance of the building in which the court sits, and

inserted in one or more of the periodical newspapers including in

any case the Government Gazette.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 951 Regular deposits (i.e. lodgment of money not legally current in Malta, gold or silver articles, etc.). — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Regular deposits of moneys not legally current in

Malta, gold or silver articles, pearls or precious stones shall be

made in the place appointed by the Minister responsible for justice

by notice in the Government Gazette; and the Government shall be

responsible for such deposits in the same manner as any other

person with whom a regular deposit is made.

(2) If the regular deposit consists of money not legally current

in Malta, such money shall, on the expiration of four months from

the date of the lodgment, be converted, by the officer charged with

the custody thereof, into legal currency, at the current rate of

exchange at the time of such conversion, and transferred to the

place appointed for irregular deposits; and it shall for all legal

purposes be considered as an irregular deposit from the date of such

conversion and transfer.

(3) Immediately upon such conversion and transfer, the officer

effecting the same shall give notice in writing to the registrar who

had received the relative schedule; and the registrar shall, in the

margin of such schedule, enter a note of such conversion and

transfer, stating the amount realized as a result of the conversion.

Title XIII

O F THE B ENEFIT OF C ESSIO B ONORUM

Articles 952 to 959 were repeated by Act XXIV.1995.348.

Title XIV

O F THE I NTERVENTION AND J OINDER OF P ARTIES

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 960 Admission of party in statu et terminis. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any person who shows to the satisfaction of the court that

he is interested in any suit already pending between other parties,

may, on an application, be admitted in statu et terminis, as a party

to the suit at any stage thereof, whether in first or in second

instance; but such admission shall not suspend the proceedings of

the suit.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 961 Joinder of third party. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

A third party may also, by decree of the court, at any stage

of the proceedings before the judgment, be joined in any suit

pending between other parties in a court of first instance, whether

upon the demand of either of such parties, or without any such

demand.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 962 Effect of joinder of third party. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The third party joined in the suit shall be served with the

application, whether sworn or not, and shall for all purposes be

considered as a defendant; and as such he shall be entitled to file

any written pleading, raise any plea and avail himself of any other

benefit which the law allows to a defendant; and the claim may,

according to circumstances, be allowed or disallowed in his regard,

as if he were an original defendant.

Title XV

O F THE D ESERTION OF C AUSES

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 963 Time for close of pleadings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Saving the provisions of sub-article (3) and of articles

416 and 420, the written pleadings in any cause shall be closed, in

first instance, within the peremptory time of six months, and, in

second instance, within the peremptory time of one year.

(2) The time shall commence to run, in first instance, from the

day on which the sworn application is filed, and, in second

instance, from the date of the application of appeal for the reversal

or variation of the judgment appealed from.

(3) If, even where the peremptory times referred to in sub-

article (1) shall have lapsed, it is found that the written pleadings in

any cause are not closed, the court shall once only give such orders

which it may deem fit so that such pleadings may be closed as soon

as possible in order to avoid that such cause be deserted by reason

of some failure to notify or by reason of the failure of performance

of a procedure or formality.

(3A) The desertion of a cause shall be declared by means of a

decree delivered in open court if, after the orders referred to in sub-

article (3) shall have been given, the written pleadings are not closed.

(4) Notwithstanding the provisions of sub-article (3), the

pleadings shall be deemed to be closed if the party not served with

the pleading necessary for the close of the record, appears at the

trial and does not raise the question that the pleadings are not

closed and proceeds or knowingly allows others to proceed to

further acts without raising such question.

(5) Saving the provisions of article 732(2), the causes the

written pleadings whereof are not closed, in spite of the orders

given by the Court in accordance with sub-article (3), within the

said time shall

(a) where the cause is before a court of first instance be

deemed to be a cause which has been set down for

hearing and subsequently by order of the court,

adjourned to an unspecified date, and the provisions of

articles 964 to 967 shall apply thereto; and

(b) where the cause is before a court of second instance,

be deemed to be deserted.

(6) The desertion of any cause in first instance shall operate as an

abandonment of the proceedings, but shall not bar the right of

action. In second instance, the desertion shall operate as an

abandonment of the appeal and the judgment appealed from

becomes res judicata.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 964 Causes adjourned sine die or otherwise suspended. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Any cause in any court of civil jurisdiction which, after

having been set down for hearing, is subsequently by order of the court

adjourned to an unspecified date or otherwise suspended, shall be

deemed to be deserted unless it is re-appointed for hearing by the court

within the peremptory time of three (3) months of it having been so

adjourned or suspended or an application for its re-appointment has,

within such period, been filed in court

Provided that where the cause has been suspended until

judgment is pronounced in another cause, the said time shall

commence to run from the date when such judgment is delivered.

(2) Re-appointment shall be made either by the court on its

own motion or following the application of any of the parties

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 965 When cause is deemed deserted. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.189.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 966 Power of court to enlarge time. Demand for enlargement to be by application. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by XXXI.2002.189.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 967 Date on which desertion takes place. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where desertion takes place under the provisions of

articles 963 and 964, it shall be deemed to take place on the day on

which the time therein prescribed expires; and the registrar may

f r o m t h a t d a y d e m a n d t h e f e e s p a y a b l e t o t h e r e g i s t r y, i n

accordance with Tariff A in Schedule A annexed to this Code.

Title XVI

O F A RBITRATION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 968 Arbitration. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Subject to the provision of sub-article (2), any cause

concerning any matter in dispute which has been brought before a

court of civil jurisdiction in Malta may be submitted at the request

of all the parties for determination by arbitration, under the

provisions of the Arbitration Act, and the provisions of the

aforesaid Act shall apply thereto.

(2) Any submission to arbitration in regard to any dispute

concerning questions of personal status including those relating to

separation, divorce or annulment of a marriage between spouses, or

in regard to things or rights which may not form the subject-matter

of a contract, whether absolutely or without certain formalities

required by law, is null.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 969 Nullity of submission to arbitration. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any submission to arbitration made by any administrator,

or by any person who is not at liberty to dispose of the thing to

which the dispute refers, is null.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 970 Form of submission. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 971 Witnesses to be examined by arbitrators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 972 Persons under tutorship or curatorship may not act as arbitrators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 973 Duration of submission. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 974 Submission to state dispute and name of arbitrators. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

CODE OF ORGANIZATION AND CIVIL PROCEDURE

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 975 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Power to enlarge

time for making

award.

Amended by

XV.1913.175.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 976 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Power of parties to

submission to

compel arbitrators

to declare

acceptance of

reference within

specified time.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 977 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Acceptance of

appointment by

arbitrators to be

made in writing.

Amended by

IX.1886.122;

XV.1983.15.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 978 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Arbitrator refusing

to act without just

cause liable to

damages.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 979 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Power of parties to

withdraw from

submission in

certain cases.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 980 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Demand of party to

withdraw from

submission to be

made by writ of

summons.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 981 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Formalities and

times to be

observed in

arbitration

proceedings.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 982 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Arbitrators to

adjudge according

to rules of law.

Amended by

IX.1886.123.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 983 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Notice to parties of

publication of

award.

Added by

IX.1886.123.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 984 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Deliberation of

majority to form

award. Contents of

award.

Added by

IX.1886.123.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 985 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Deposit of the

original of award,

etc.

Added by

IX.1886.123.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 986 — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Rescission or

annulment of

award.

Amended by

IX.1886.124;

XV.1983.16.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 987 When submission ceases to be operative. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Repealed by Act II.1996.78.

Title XVII

O F THE R ESPECT DUE TO THE C OURT

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 988 Order at sittings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It shall appertain to the judges and the magistrates

respectively to enforce order during the sittings of the courts in

which they sit.

(2) It shall also appertain to the judges and the magistrates

respectively to provide for the maintenance of good order and

decorum within the precincts of the courts in which they sit.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 989 Unseemly behaviour in facie curiae. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It is forbidden at any sitting of the court to utter

exclamations of approval or disapproval, or to disturb in any other

manner the attention of the court.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 990 Punishment of contemner. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In the case of any improper behaviour under the last

preceding article, it shall be lawful for the judge or magistrate to

whom it appertains to enforce order during the public sittings of the

court under article 988 to punish the contemner -

(a) with reprimand;

(b) with expulsion from the court;

(c) with arrest for a period not exceeding twenty-four

hours in a place within the building in which the court

sits;

(d) with a fine (ammenda or multa) in terms of the

Criminal Code.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 991 Punishment for indecent words or gestures or insulting remarks in facie curiae. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the judge or magistrate referred to in

article 988 forthwith to sentence to a fine (ammenda or multa) or to

detention in terms of the Criminal Code, any person who, by any

indecent word or gesture during the sitting, commits any act of

contempt of court, or insults any other person.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 992 Where act of contempt constitutes a criminal offence. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where any of the aforesaid acts constitutes an offence

under the provisions of the Criminal Code, it shall be lawful for the

judge or magistrate to order the arrest of the offender, draw up a

procès-verbal of the fact, and remit the party arrested to the Court

of Magistrates to be dealt with according to law.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 993 Where act of contempt is committed by advocate, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any advocate, legal procurator or other officer of the

court, who commits any of the acts referred to in article 991, or

994, may, in serious cases, be also forthwith condemned by the

judge or magistrate to interdiction from the exercise of his

profession or office for a period not exceeding one month.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 994 Use of forbidden expressions etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) It is forbidden to use in any written pleading or during

the hearing of a cause any insulting or offensive expression or any

expression which is otherwise objectionable, unless such

expression is necessary for the purposes for which the written

pleading is by law intended or for the cause in which it is used, or

to produce without the previous permission of the court, any

document which contains any such expression.

(2) Any person who acts in contravention of the foregoing

provisions of this article or who presents or produces or attempts to

present or to produce any written pleading or document which

contains an expression forbidden by this article, and any person

who has signed any such written pleading, shall be guilty of

contempt of court and shall be sentenced by the court to reprimand

or to a fine (ammenda or multa) or to detention in terms of the

Criminal Code.

(3) Where notwithstanding the provisions of article 184 a

written pleading has been filed or a document has been produced

which contains expressions forbidden by this article, the court

shall, on its own motion or on the demand of the aggrieved party,

order the whole of the written pleading or of the document to be

expunged from the registry of the court or from the records of the

proceedings, and the written pleading or document shall for all

purposes be deemed never to have been filed or produced.

(4) Where it can be shown to the court that the contravention is

slight and was not wilful and can be remedied adequately by the

striking out of the forbidden expression, the court may in lieu of

applying the foregoing provisions of this article order that the said

expressions be struck out.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 995 Punishment for insults to court officers. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any functionary, referee or other officer of the court, who

is insulted in the execution of any warrant, or in the discharge of

his duties, shall report the matter to the judge or magistrate, and

the- contemner shall be liable to be by the judge or magistrate

sentenced to a fine (ammenda or multa) or to detention, saving any

other punishment, applicable by the competent court, to which the

contemner may be liable if the fact constitutes a more serious

offence, according to law.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 996 Excesses by advocate, etc. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The judge or magistrate shall repress any excess on the

part of any advocate, legal procurator, or other officer, while in the

discharge of his duties; it shall also be incumbent upon the judge or

magistrate to ensure the most ample liberty to every advocate, legal

p r o c u r a t o r o r o t h e r o ff i c e r i n t h e d i s c h a rg e o f h i s d u t i e s

consistently with the law, and he shall of his own motion repress

any improper behaviour committed in his presence towards any

advocate, legal procurator or other officer, while in the exercise of

his duties, by inflicting any of the punishments referred to in

articles 990 and 991 according to circumstances.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 997 Contempt of court proceedings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In proceedings for any act or omission amounting to

contempt of court, the offender shall, on conviction, be liable to

imprisonment for a term up to one month or to a fine (multa) of not

less than two hundred and thirty-two euro and ninety-four cents

(232.94) but not more than two thousand and three hundred and

twenty-nine euro and thirty-seven cents (2,329.37) or to both such fine

and imprisonment.

(2) The court may, notwithstanding any punishment to which it

may sentence the offender, order him to remove any nuisance or

inconvenience to which the offence relates within a time, sufficient for

the purpose but in any case not exceeding three months from the date

of the judgment, to be fixed by the court; and, if the offender fails to

comply with any such orders within the time so fixed, he shall be

liable to the penalty of a fine (ammenda) of not less than twenty-three

euro and twenty-nine cents (23.29) and not more than one hundred and

sixteen euro and forty-seven cents (116.47) as the court may fix, for

every day during which the default continues after the expiration of the

said time.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 998 Warrant of escort or arrest of offender. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where, in the cases referred to in this Title, the party

accused, on being summoned by order of the judge or magistrate,

fails to attend, it shall be in the power of the said judge or

magistrate to compel his attendance to answer to the charge, by

means of a warrant of escort or arrest.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 999 Place of custody for persons sentenced to detention. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any person sentenced to detention by the judge or

magistrate shall be kept in custody in the prison within the building

of the courts, or in the prison appointed by law for the custody of

persons sentenced to such punishment by a court of criminal

jurisdiction.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1000 Court may commute or remit punishment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

It shall be lawful for the court to commute or remit any

punishment which it may have awarded.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1001 Fines forfeited to Government. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Every fine (ammenda or multa) shall be forfeited to the

Government of Malta.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1002 Pecuniary punishment convertible into detention or imprisonment. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

In default of payment of a fine (ammenda or multa), the

person sentenced shall undergo the punishment of detention or

imprisonment as provided in the Criminal Code.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1003 No appeal from sentences for contempt in facie curae. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) No appeal shall lie from any sentence passed under

article 990 or 991, and any such sentence may be carried into

execution forthwith.

(2) In any other case, an appeal from a sentence passed under

the provisions of this Title by any court, other than the Court of

Appeal or the Constitutional Court, shall lie to the Court of Appeal.

Such appeal shall be made by an application within two days from

the date of the sentence.

(3)

Any such appeal shall stay the execution of the sentence.

(4) Any sentence passed under the provisions of this Title shall

not form part of the record of the cause at the trial of which the

sentence is passed.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1003A Registrar shall institute etc. contempt proceedings. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Subject to the provisions of this Title, in any proceedings

for contempt of court, the Registrar shall institute, as directed by

the court, the necessary proceedings and, for all intents and

purposes of law, he shall be considered as the plaintiff

Title XVIII

O F J UDICIAL C OSTS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1004 Taxation of judicial costs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Costs shall be taxed and levied in accordance with the

Tariffs in Schedule A annexed to this Code and with regulations

made by the Minister responsible for justice under this article.

(2)

Regulations made by the Minister under this article may -

(a) amend, add to, revoke or substitute all or any of the

Tariffs in the said Schedule A;

(b) make any provision relating to the payment of costs

and in particular but without prejudice to the

generality of the foregoing -

(i)

to ensure the payment thereof at the time they

are due;

(ii) to require the payment or deposit of any such

costs or part thereof, as may be prescribed by the

regulations; and

(iii) to provide for such consequences, effects and

penalties with respect to any failure to pay costs

or otherwise to comply with the regulations, as

may be prescribed therein.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1005 Agent of absent litigant, liable to registry fees and costs. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) Where the party condemned to pay the fees due to the

registry or the costs incurred by the other party was, at the time of

the judgment, represented in the proceedings, as absent from Malta,

by an agent appointed by him, it shall be lawful for the registrar,

and for such other party, to demand payment of such fees or costs,

from the said agent, in the same manner as if such agent had been

personally and in solidum with his principal, condemned to pay

such fees or costs.

(2) The right granted as aforesaid to the registrar and to the

party to whom the costs are due, may be exercised notwithstanding

that the principal be present in Malta, either before or at the time

when payment of such fees or costs is demanded.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1006 When registrar may claim registry fees from defendant. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Where a defendant is ordered to pay the costs of the action

or any part of the fees due to the registry, it shall be lawful for the

registrar to claim from him, directly and in solidum, the payment of

such fees, wholly or in part, according to the incidence thereof on

such defendant.

Title XIX

O F F ORMS

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1007 Forms. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

(1) In the superior courts, all acts shall be drawn up in

accordance with the forms in Schedule B annexed to this Code.

(2) In the inferior courts, the forms prescribed for the superior

courts shall be used in so far as applicable, with such alterations or

variations as may be necessary to adapt them to the inferior courts.

(3) The Minister responsible for justice may by regulations

amend, substitute or make additions to the forms contained in

Schedule B annexed to this Code.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1008 Purchase of forms. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Without prejudice to the provisions of article 1009, where

under this Code an act is required to be drawn up by the party

concerned according to a prescribed form, the form shall be

provided by the registrar or any other officer designated by the

Minister responsible for justice, upon payment of a fee to be shown

thereon.

R EPEALING P ROVISION

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1009 Contrary usage to be inoperative. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

Any usage or custom contrary to or inconsistent with the

provisions contained in this Code shall be of no effect.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1009A Procedure by electronic means. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Minister responsible for justice may make

regulations providing for or allowing -

(i)

the making of judicial acts by means of

electronic equipment;

(ii)

the transmission and service by the use of

electronic means;

in connection with judicial acts, court proceedings, records and

services and without prejudice to the generality of the foregoing

such regulations may provide for -

(a) the form of judicial acts prepared by electronic means;

(b) the transmission, filing and service of acts by

electronic equipment and for the way in which such

service is to be evidenced;

(c) the storing of court records by electronic means and

the mode whereby such records are to be authenticated

and how copies thereof are to be made and

authenticated;

(d) the fees that may be charged in connection with the use

of such electronic means in relation to the making,

transmission, filing or service of judicial acts, and for

the making of copies of court records; and

(e) such other matter consequential or incidental thereto

including such transitional provisions as may appear to

the Minister to be necessary or expedient in

connection therewith.

Laws of Malta — Chapter 12 — CODE OF ORGANIZATION AND CIVIL PROCEDURE

Art. 1009B Regulations. — CODE OF ORGANIZATION AND CIVIL PROCEDURE Open official source

The Minister responsible for justice may make

regulations for the implementation of the provisions of this Code

and, in general, to bring the provisions of this Code into effect.