Service of Judicial Acts by Post Rules, 1980

L.N. 46 of 1980

CODE OF ORGANIZATION AND CIVIL PROCEDURE (CAP. 15)

Service of Judicial Acts by Post Rules, 1980

IN exercise of the powers conferred by section 186 of the Code of

Organization and Civil Procedure, the Registrar of the Superior Courts,

of the Court of Magistrates of Judicial Police for the Island of Malta,

and of the Court of Magistrates of Judicial Police for the Islands of Gozo

and Comino, has made the following rules

l. These rules may be cited as the Service of Judicial Acts by

Citation and

Post Rules, 1980 and shall come into force on the 15th day of May,

commencement.

1980.

Dawn ir-regoli jistgħu jissejħu r-Regoli ta' 1-1980 dwar in-

Notifika ta' Atti Ġudizzjarji bil-Posta u għandhom jibdew iseħħu fil-15

ta' Mejju, 1980.

In these rules, "judiciaI acts" means any act or written pleading

filed in the Registry of, or emanating from, any court, tribunal or board

in Malta, and any act or written pleading filed in, or emanating from any

court, tribunal of board outside Malta, which may, by virtue of any law

01' convention, be served on any per son in Malta, but shall not inc1ude

the warrants and orders mentioned in Tit1e VII of Book Second and in

Title VI of Book Third of the Code of Organization and CiviI Procedure.

Service of judicial acts shalI, unless otherwise ordered by the

Service

Court, be effected by registered post, and an app1ication for an advice

of delivery shan be made at the time of posting

Provided that the Registrar on a request by the party filing the

judicial act may, upon reasonable cause being shown, direct that service

be effected by the officers of the Court charged with the service of judi­

ciaI acts.

Acts to be

Copies of judicial acts to be served by post as aforesaid shall be

enclosed in

enc10sed in an envelope bearing the words "Judicial Act" in a prominent

envelope.

place.

Where service is to be effected by post, the officers of the Court

charged with the duties of service of judicial acts, shall

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(a) prepare the necessary postal documents for such service,

and present the relative envelope with pleading enc10sed at the

post office;

(b) note in a register to be kept for the purpose, the particu­

lars in the judicial act mentioned in section 174 of the Code of

Organization and Civil Procedure, the date of filing in the Registry

and the number of the Cash Office of the Registry marked on the

judicial act, the number given by the postal authorities to the

envelope in which the judicial act is enc10sed for posting, and, if

service has been effected, the date of such service and the date of

the return of the advice of delivery;

(c) draw up a certificate stating whether the service was

effected or not. The particulars mentioned in section 187 of the

Code of Organization and Civi1 Procedure shall be incIuded in the

certificate;

(d) inform the party, fi1ing a written p1eading, or his advocate

or 1ega1 procurator whether service was effected or not, and, if in

the affirmative, when.

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a-u.c.s.

C.O.S.

Stamperija tal-Gvern

Printed at

the

Government Printing Press

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