Code or Organi:wtion II nd Civil Proced ure

L.N. 190 of 1995

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Code or Organi:wtion II nd Civil Proced ure

(Sched ule 8) (Amendment) Regulatio ns. 1995

IN exercise of the powcrs conferred by subsectioll (3) of section

1007 of the Code of Organizatioll and Civil Procedure, the Minister of

Justice and the Arts has made the following regulations: -

( I) These regulations may be ci ted as the Code of

Organization and Civi l Procedu re (Schedule 8) (Amendment)

Regulations , 1995, and shall be read and construed as one wi th the Code Cap. 12.

of Organization and Civil Procedure, hereinafter referred to as "the

(2) These regulations shall come into force on the 1st

January, 1996.

Schedule 8 of the Code shall be ame nded as follows:-

(a) Form No. 3 shall be amended as follows

(i) the words "In (here insen name of Court)" shall

be substituted by the words "In the Civil Court, First Hall";

the words from "value of' to "sixty-five liri ." shall

Cii)

be substituted by the words "net value whereof amounts to a

sum of nOI more than th ree thousand lirl not incl uding

everyday household items that are considered reasonably

necessary for the use by applicant and his family ,and that his

yearl y 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 ~ccount has been

taken of the principal residence of the applicant or of any

other propeny, immovable or movable, which forms the

subject matter of coun proceedings. even though such other

propeny 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 tweh'e months' period prior 10 the demand for the benefit

of legal aid .";

(b) the words "by a libel" in Fonn No . 5 shall be substituted

by the w{)(ds "by an application";

Form No. 6 shall be amended as foUows

(c)

(i)

the words " IN T HE COMMERC IAL COURT"

shall be deleted: and

(ii) the words "IN T HE OOZO SUPERIOR COURTS"

shall be substituted by the words " IN T I-IE COURT OF

MAGISTRATES (OOZO) SUPERIOR JURISDlCTION-;

Forms No. 7, No. 8. No. 9 and No. 10 shall be deleted;

(d)

(e) the words " Ocputy Re gistrar- in FQrms No. 121 13. No.

19, No. 23, No. 24. No. 26 and No. 28 shall be substituted by the

words "(Rtgislrar 's sig/UlIurt)";

r'OnnsNo, 16,No. 17.No . 21 and No. 22 shall be deleted

(f)

(g) Fonns No. 11 . 121 13, 14. IS. 18, 19.20.23.24 ,25,26.

27 and 28 shall be re-numbered as Forms No. 7, 8. 9. 10. 11, 12.

14 ,15 ,16.17. 18 and 19 respectively; and

(h) the rollowing new forms shall be added after Fonn No.

19 as re+numbered

"No. 20

Warrant of Description

In (hue insert name o/Court)

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

yerSII5

(Respondent)

Appli cation of

Re spectfully sheweth and confirms on oath: -

That the applicant seeks to safeguard against the respondent

o\'er the hen:under mentioned movab le: th ings for the I;":}lercise of

which ri ghts he has an in terest that such movable th ings remai n

in their ac tual place and condition

wherefore, the applicant respectfully requests that thi s Coun

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

movoble rhinss 10 be described (Jnd the ploce where siw(Jled).

Advocate

Legal Procurator

Th is,

day of

Confirmed on oath before me, afler I have read 10 him the

contents, and in the presence of

witness to

ident ity. and filed by

(Resislrar's sisnature)

No. 20

Warrant of Description

COURT WARRANT

To

Mars hal of the Courts

WH EREA S the attached application has been riled an d it

contains the elements required accordin g to law for the issue of

the orders herein con tained;

You are, therefore, o n the said application. hereby ordered

to proceed 10 the place mentioned in the application and that. by

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

de~ribe all the movable thi ngs in detail stating the number and

quality thereof

You are further ordered to e njoin the respondent to con-

tinue to k.eep in his cutody the IllQvable property so desc ribed

and 10 warn him that he is responsible for their safe keeping.

under the pt:nailies established for contempt of Court

And. after execution. o r upon meeting any obstacle in the

execution hereof. yo u shall forthwith repon to the Court.

Given by the (name of Court)

Doctor of Laws.

and witnessed by

of this Court.

"

day of

This.

"No.21

Warrant of Proh ibitory lnjunclio n

In (hue ;TlJUl fUJnle a/Court)

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

versus

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

Application of

Respectfu lly sheweth and confi rms on oolh:-

T hat Ihe applicanl has an interest that hi s rights be

secured

That the applicant, in orde r to secure his rights, desires to

restrain respondent from (here insertlhe aelS IQ be restrained)

T hat th e applicant would be prejudiced if respondent is not

SO restrained

Wherefore , the applicant respectfull y requests that this Court

orders tne issue of a warrant of prohibi tory injunction restraining

him form the acts above·menlioned.

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

(Regis/ra r'S signmure)

No.21

Warrant of Prohibitory Injunction

R": PUUL I C 0'" MALTA

COURT WARRANT

Marshal of the Courts

To

WHEREAS the attached applicati on has been filed and it

contains the elements required according to law for the issue of

the ordcrs herein contained;

You are, therefore, on the said application. hcreby ordered

that, by deliyering a copy of this warrant to the said respondent.

you shall restrain the respondent from carrying ou t those things

mentioned in the said application which are prejudicial to the

applican t. under the penalties established for contemp t of Court

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

execution hereof. you shall fonhwith repon to the Coun.

Given by the (name of COli")

Doctor ofLaws,

and witnessed by

of this Coun.

\9

This,

day of

No. 22

Warrant of Prohibitory Injunction

in cases of person31 separalion

restraining the other s pouse

In (here insert rmme a/Court)

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

. . . . . . ...... ,

versus

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

Application of

Respectfull y shewcth and confinns on oath:-

That the applic3nt (here insert "MS brought" or "intends

to bring ") before the cou rt of contentious jurisdiction a suit for

perso nal separation

T hat in order 10 sec ure his rights the applicant desires the

court to issue a wa rrant of prohibito ry inj unction against the re·

sponden t

(a) restrain ing the said respondent from selling, alienating,

transferring or disposi ng inter vil'os whether by onerous or gra-

tuitous title any sharehold ing in any commercial partnership if

such s hareholding is comprised in the commu nity of acquests,

and in part ic ular (here insert pa rticulars 0/ the commercial

partnershipls): and

(b) restraini ng the respondent from oontlllcti ng any debt or

sUTCtysh ip which is a c hargc on the communi ty of acquests;

Wherefore, the appl icant respectfully requests that this Court

orders the issue of thc relative warrant of prohibitory injunction

agai nst the respondent.

Advocate

Legal Procurator

This,

day of

Co nfinned o n o3th before me. after I have read to him the

conte nts. a nd in the presence of

witness to iden-

IIty. and filcd by

(Registrar's signature)

No. 22

Warrant of Prohibitory Injunction

in cases of personal separation

restraining thc other spouse

REPUBLIC OF MALTA

COURT WARRANT

Marshal of me Courts

To

WHEREAS the anached application has been filed and il

wntains the elements required according 10 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 respondcnt from selling. alienaling.lransfer.

ring or disposing ;nlt!r vi~'Os by onerous or gratuitous title any

shareholding in any commercial partnership ifslICh shareholding

is comprised in the community of acquests. and from contracting

an)' debt or suretyshi p which is a charge on the communit), of

acq uests

You arc enjoined to nOligy the respondent that this warrant

does not apply to the constitution of an)' righ t on. or alienation 01'

transfer of. any property made pursuanlto a court order.

You are funher ordered 10 execute this warrant fonhwith

and 10 restrain the respondent from cunying out those things

mentioned in the said application which arc prejudicial to the

applicant. under the penalties established for contempt of Co un;

And. after execution. or upon meeting an), obstacle in the

execution hereof. you shall forthwi th report to the Court.

Given by the (/Ill/lie ojCOllrl)

and witnessed by

Doctor of Laws.

of th is Court.

This.

day of

No. 23

Warrant of Prohibitory Injunction

in cases of personal separation

restraining a commercial partnership

In (here insert name o/Coun)

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

vt:rsus

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

Applkation of

Respectfully sheweth and confirms on oath:-

That the applicant (insert htre"lJas brought" or ~inunds to

brin8 ") berore the coon of contentious jurisdiction a suil for per-

sonal separation;

ThaI the respondent has I majority shareholding. penaining

to the community of acquests in the commercial pannershipls

(here insert particulars o/the commercial parfrlushipls);

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

Coon to issue against the said commercial partnershipls a war·

rant or prohibitory injunction restraini ng it/them from selling .

alienating .transferring or otherwise disposi ng by onerous or gra-

tuitous title. any immovable propeny or rights annexed thereto

owned by the commercial pannershipls. and in panicular (Mre

inserl particulars 0/ immovables as required by the Public Reg-

istry Act)

Wherefore. the applicant respectfully requests that this Coon

orders the issue of a warrant of prohibitory injunction against the

said commercial pannershipls.

Advocate

Legal Procurator

This,

day of

Confioned on oath before me. after I have read to him the

contents, and in the presence of

witness to iden-

tity. and filed by

(Registrar'S sig1lllture)

No. 23

Warrant of Prohibitory Injunction

in cases of personal separation

restraining a commercial

partnership

REPUBLIC OF MALTA

COURT WARRANT

Marshal of the Couns

To

WHEREAS the attached application has been filed and it

contains the elements required according to law for tne issue of

the orders herein contained

You ate, therefore. OIl the said application, hereby ordered

that. by delivering a copy of this warrant to (hUll instrl particu,

tars of/he commercial partnership!s). you shall restrain the said

commer<:ial partnershipls from selling. alienating . transferring

or otherwise disposing by onerous or gratuitous title. any im-

movable property or tights annexed thereto owned by the said

commercial partnershipls;

You are enjoined to notify the respondent that this warrant

does not apply 10 the conslilUtion of any tight 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 partnershipls from canying

out those things mentioned in the said application which are preju-

dicial to the applicant. under the penalties established for con-

tempt of Court;

And, after execution, or upon meeting any ob.~tacle in the

execution hereof, you shall forthwith report to the Court.

Gi ven by the (name a/Court)

and witnessed by

Doctor of Laws.

of this Court.

day of

This.

No. 24

Warrant of Prohibitory lnjunction

rnstraining a

person from taking a

minor outside MaJta

In (hu~ irUl!rt 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 nOI taken oUlside MaJta;

That the respondentls is/are the persons having,or who mighl

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

Wherefore, the applicant respectfu lly requests that this Court

orders the issueof a wamml of prohibitory injunction againsllhe

respondentls enjoining him/them not to take, or allow anybody

10 take, the said minor oul of Malta;

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

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

of birth and the names o/the parents/or establishing the identity

0/ the minor)

Advocate

Legal Procurator

This,

day of

Confinned on oath before me, after J have read to him Ihe

contents, and in the presence of

witness

10 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

Marshal of (he Couns

To

WH EREAS the attached application has been filed and it

contains the elements required according 10 law for the issue of

the orders herein contained;

You are , therefore, on the ~aid applicatio n, hereby ordered

that. by delivery a copy of thi s warrant 10 the respondent/s, you

shall restrain the respondent/s not 10 lake , or allow anyone to

mke, the said minor OUI of Malta, under the penalties for con-

tempt of Court;

You are further ordered \0 enjoin . by the delivery of a copy

hereof, the officer entrusted with the delivery of passports not 10

issue or deliver any pa.~sport in respect of lhe said m!f1or and not

10 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 pa&sportS. a passpon in respect of the minor has al-

ready been i&sued or the name of the minor has already been

included in the passpon of another person. to enjoin such officer

to take the necessary steps to withdraw the passpon in respect of

the minor. and of any otncr passpon which includes the name of

the minor. and to delete the namc of the minor from such pass-

pon. under the said penalty. and to enjOin. by delivery of another

copy hereof. the Commissioner of Police not allow the said mi-

norto leave Malta. under the said penalty

Lastly, you arc nQl:ified that this warrant shall. in defaul t of

fu n her orders of this Coon. cease to have effect in one year's

time from th is day;

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

execut ion hereof, you shall fonhwi th repan to the Coun.

Given by the (IU/me a/Court)

and witnessed by

Doctor of Laws.

of this Coun .

day of

This.

No. 25

Wamll1l of Prohibitory Injunction

(claim exceeding Lm4,OOO)

In (here insert name o/Court)

(Applicanl) .......................... .

vusus

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

Application of

Respectfully shewcth and confinns on oath;-

That the applicant. in order to secure his credi t mentioned

against the respondent, respectfully requests that this Coun or-

ders the issue of a warrant of prohibitory injunction against re-

spondent re5ll'l1ining him from selling, alienating. transferring or

disposing inter villQs whether by onerous or gratuitous title any

property, and ;n panicular (here insert particulars of immova-

bles as required by the Public Registry Act)

Wherefore , the applicant respectfully requests that this Court

orders the issue of the relative warrant of prohibitory injuncti on

against tM; respondent.

Credit

Title

Advocate

Legal Procurator

This,

day of

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

witness

contenlS, and in the presence of

to identity, and filed by

(Regisrrar '! sigllQwre)

No. 2S

Warranl of Prohibilory Injunction

(claim exceeding Lm4.(00)

REP UBLIC OF l\1ALTA

COURT WARRANT

Marshal of the Courts

To

WHEREAS the attached application has been filed and it

contains lhe elements required according to law for the issue of

the orders herein cOfIla ined;

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

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

shall restra in such respondent from selling. aliena ting . transfer-

ring or disposing inltr vivos by onerous or gratuitous title any

propeny;

You are enjoined 10 notify the responden llhat this warrant

does not apply to tOe constitution of any right on, or alienation or

transfer of any propeny made pursuanllo a coun order;

You are funher ordered to execute this warrant fonhwith

and 10 resln;n the respondent from carrying out those things

mentioned in Ihe said application which arc prejudicial 10 the

applicant , under the penalties established for contempt of COUrt

And , after el'eclllion . o r upon meeting any obstacle in the

el'eclllion hereof, you s hall forthwith report to the Court.

G iven by the (nome oj Courr)

Doctor of Laws ,

and witnessed by

of this Court.

••

This.

day of