132 tal-1995

L.N. 132 01 1995

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

.

Servla! of Judicial Ads by Post Rules, 1995

IN ex.ercise of the powers conferred by subsec;tion (8) of SC(:tion

187 of the Code of Organization and Civil Procedure, the Minis ter of

Justice and the Arts has made the following rules: -

I . These rules may be cited as the Servil;e of Judicial Acts by

Post Ru les, 1995. and shall come into force on the 1st October. 1995.

In these rules -

"Code" means the Code o fOrgani:r.ation and Civil Procedure;

"court" means any court mentioned in s<x:tions 3 and 4 of the

Code' ,

"judicial act" means any act or wrinen pleading filed in the

Registry of, or emana ting (rom, any court. tribunal or board in

Malta, and any act or written pleading filed in, or e manating from

any court. tribunal or board o utside Malta. which may , by virtue

of any law or treaty. be served OIl any person in Malta. but shall

not include the warrants and Of1iersmentioned in Title VD of Book

Second and in Title VI of Book Third of the Code;

" treaty" has the same meaning lIS is assigned to it by section

2 of the R atification of Truties Act.

( 1) Saving the provisions ofparagraph (2)ofthis rule. service S".ic:ebypaoo..

o f j udicial acts shall. unless othCTWise onien:d by a court , be effected

by registered post, and an application for an advice of delivery shall be

made at the time of posting

Provided that the Regislrllr on a request by the party filing

the jud icia illCt m ay, upon reasonable cause being shown. direct that

service be effec ted by the ex.ecuti ve o fficers of the courts.

The provisions of this rule shall not apply to -

(2)

<a)

applications o f appeal;

(b) appl ications made under the provisions of the

Constitution of M.lta and the European Convention Act;

(c)

writs of summons; and

applications ref~ to in Part U ofBoolt Second oftbe

(d)

Cod,_

Copies of judicial ac15 to be served by post IS aforesaid shal l

be enclosed in MI envelope bearing the words "Judicial Act" in 11.

prominent place.

Where service is to be cITecloo by pasl, the executive offJCefS

S.

of the courts shall -

prepare the necessary postal documc:ntJ for such service

Cl)

and present the relative cnvelope with pleading enclosed at the

POSt office;

(b) note in a register to be kep t (or the purpose, the

particulars in the judicial acl mentioned in section 174 of the Code.

thedalc or filing in the Registry and the number of the Cash Office

of the: Registry marked on the judicial act. the number given by

the posta l authorities to the envelope in which the judicial act is

enclosed 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 whether the service was effected

or not and in which the particulars mentioned in section 188 of the

Code shall also be inchKkd: and

(d) inform the party filing a written pleading. or his advocate

or legal procurator. whether service was effected or not and. if in

the affirmative. when.

The Service of Judicial Acts by Post Rules. 1980. are hereby

repealed.

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