Code of Organization and Civil Procedure

L.N. W fIll I ' "

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Code of Organization and Civil Procedure

(Schedules) (Amendment) Regulations, 1996

IN exercise of the powers conferred by sections 1004 and 1007 of

the Code of Organization and Civil Procedure, the Minister of Justice

and the Arts, with the concurrence of the MinisterofFinance, has made

the following regulations:-

(1) These regulations may be cited as the Code of CirQn-.d

Organization and Ci vil Procedure (Schedules) (Amend ment) ~.

Regulations, 1996, and shall be read and construed as onc with Schedules

A and B of the Code of Organization and Civil Procedure, hereinafter

referred to as "the Code".

(2) These regulations shall come in fon:c on the 1st July,

1996.

The following new tariff shall be added immediately after AmendlSchal.IoA

Tariff L of Schedule A of the Code:-

rtl tho Cocle .

"TARIFF M

Registry Fees payable In connection with

JudlctaJ Assistants

I. For the administration of an affidavit by

LmO.50,o

a Judicial Assistant ..... .. ... .... .... .... ... .. .. ... ... .

2. (a) For examining witnesses. for taking

in writing of an affidavit, for each sitting before

Lm3 .00,o

a Judicial Assistant ....... . .... . .... . .......... . .

If the sitting lasts for more than two

(b)

hours and provided that the circumstance is

expressly noted in the procis-verbal signed

by the Judicial Assistant, the fee shall be

increased by Lm I for each hour or part thereof

For the transmission of records abroad

besides Ihe expenses incurred by the Registry ...

4 . For any other service the fees shall be

Ihose established in accordance with the other

Tariffs of this Schedule ," .

3. The following new fonns shall be added after Form No. 25 of

Schedule B of the Code:-

"No. 26.

Court order to perform

the function of Judicial Assistant

REPUBLIC OF MALTA

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

Whereas it is req ui red that in a cause before the (in.sf!rt II011U!

o/Court) ............. ........... Summons No ........................... .

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

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

it is necessary to appoint a Judic ial 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 agree ment on the issues involved in the cause, and to

make a report thereof to the said Court;

take the testimony of any person that is produced as a

.(b)

witness;

·(c)

take any affidavit on any matter;

·(d) receive documents produced with any testimony,

affidavit or declaration , including in particular a testimony. affidavi t

or declaration as is referred to in the Code or Organization and

Civil Procedure;

·(e)

-

You are, therefore, hereby o rde red that in terms of the

provisions of section 97 A 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 siltingshould be held on the ........ .

............... day of .... ................ ............. 19 ...... at ........ .

a.mi p.m. al . . .. ..... .... . .. . .... . .... . .... ..... .. .... .... . .. . .... . . . 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 ............. ... ... ... . ... .... 19 ..... .

No. 27.

Notice of hearing of

proceedings/evidence

before a Judicial Assistant

REPUBLIC OF MALTA

To ............................................. MarshaI of the Courts.

Whereas in a cause before the (insert name of

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

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

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

the Court has appointed DoccorofLaws ............................. .

to perfonn 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 panics 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 Coun

take the testimony of any person that is produced as a

*(b)

witness;

-(c)

take any affidavit on any matter,

-(d) receive documents produced with a ny testimony ,

affidavit or declaration. including in paniculara testimony, affidavit

or declaration as is referred 10 in the Code of OrganiUltion and

Civil Procedure;

- (e)

And whereas the said Court has appointed the .............. ... .

dayof ..... ........ ....... ... . 19 ...... al .......... ... ........ a.m J p.m .

for the hearing of proceedings/evidence at ....... .................. ..

before the above stated Judicial Assistant;

Wherefore you are ordered that by the del ivery of a copy

heroof both to the aforesaid plaintiff and defendan t or their agcnt,

accord ing to law , you summon them to appear on the day and at

the place and time aforesaid before the above stated Judicial

AssiSlant, on which day the proceedi ngs/evidence will be heard

and a report !hereon made to the Court.

You are further ordered to warn in the same man ner the

aforesaid plaintiff and defendant that, should the y fai l to appear

on the day, at the place and time aforesaid, or on any subsequcn!

day as may be detennined by the said Judicial Assislant, a report

thereof shal l be made to !he said court which shall lake suc h action

thereon according to law.

And after execution , or upon your meeting with any obstacle

in the said service, you shall report forthwith 10 the above mentioned

Judicial Assistant.

Doctor of Laws

Judicial Assislan!

of the said Court

This .................. day of ............. .. .... . .......... 19 . .. .. .

No. 28.

A Summons Order

given by a

Judicial Assistant

REPUBLIC OF MALTA

In (here insert name o/Court)

Summons No: .... ...... ....... ... .. .... ... .

pending before Doctor of Laws

a Judicial Assistant, in the cause

To the witness: ........................................................ .

Add ress: .. . . .. .. .. . . . .......... . .... ...... .... . ................. . .. .

By vinue of the powers given 10 me by subsection (4) of

section 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 ti me hereunder mentioned to give evidence in the

aforementioned cause

Date and time: ... ... .. .. ...... ................. ....... ... ..... ......... . . .

Place where 10 attend: .. ............... ....... .. ................ . .... ... .

Documents 10 be produced: . .. .... . ..... ....... ... .. .. . .. .. ... .. .. ..... .

You are hereby warned that should you fai l 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 10 alllhe 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 ..... .. .. . .. .. ... ...... ... .... 19 .. ... .

No. 29.

A Subpoena order

Ad TtlSlijicandum and

Ductls Ttlcum before a

Judicial Assistant

1n (Mn insm IIlImtl o/COI4n )

Summons No: ... . .. .. .. . .. ...... ....... .. . .

pending before Doctor of Laws

a Judicial Assistant. in the cause

Application of ................ .. ............... ... .................... .

Respectfully requests the issue of a subpoena order in the

above stated cause agai nst the perwn mentioned hereunder to attend

for the sifting and at the time stated hereunder. and to bring with

him the documents hereunder mentioned

Person summoned to attend as w itness: . ... ... ...................... .

Address: .. .. .. ............. .. ..................... ....................... .

Date. time and place where witness is to attend: ................. ... .

Documents to be brought by witness: ........ ... .................... . .

Advocate: ................................................................. .

Legal Procurator: .............................. ..... .... .. ...... ......... .

This ... .. ... ... ....... day of .............................. 19 ..... .

Filed by ................................................................. .

(Rtlg;strar 's sigflalurfl)

REPUBLIC OF MALTA

AN ORDER MADE BY THE J UDI CIAL ASSISTANT

To the witnesslwitnesscs whose namcls aPPear/s in the

application

By virtue of the powers given to me by subsection (4) of

section 97 A of the Code of Organi1.ation and Civil Procedure, I

am hereby ordering each person whose name aPPears as a witness

in the application ro aPPear before me on the day and at the place

and time mentioned therein to give evidence in the cause mentioned

therein.

Each wit ness is hereby being warned Ihat should he fail to

appear on Ihe 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 toall the othcrconscqucnces to whlch.

acc::ording to the Code of Organization and Civil Procedure. he

may be liable fOl' such disobedience.

Doctor of Laws

Judicial Assistant

This .................. dayof .............................. 19 .... . .

No. 30.

Escort O rder issued by

a Judicial Assistant against

a person faili ng to attend

o n subpoena

REPUBLIC OF MALTA

AN ORD ER MADE BY A J UDICIAL ASSISTANT

In (here insert name o/Court)

Summons No: .... . ... .. .... . .... . ......... .

pendi ng before Doctor o f Laws

a Judicial Assistant, in the cause

............................. , ....... , . , . " . , . , .

".

To ........... ................ ............... Marshal of the Couns.

Whereas it had been o rdered by me on the ... .. .. . ... .. .. .... . .

that .............. ..... ....................... .. ........................... .

should attend before me as a wi tness on the day and at the place

men tioned in the order

And whereas the same person has filed to attend as ordered;

Wherefore, after having seen the provisions of subsection (4) of

section 97 A of the Code of Organization and Civi l Procedure, I

am he reby ordering you to bring before me the said person, and to

keep himlhe r until he/she shall give hislher evidence, at the place

and time men tioned hereunder, or until I shall give you another

order.

Date and time: . ... . ... .. . ..... .. .. ..... . ...... .. .. ... .. ... . ... .... . ... .. . .

Place where witness is to attend: .............. .... . .. . ...... ....... .

Docume nts to be brough t by wi tness: ................ .. .. . .... . .. .... .

Doctor of Laws

Judicial Assistant

This ........... . ..... dayof . .. ........................... 19 ..... .

.

Address o f witness: ....... .. ..... . .. .. .... ........ ..... . .. .. ......... .

8 1220

4 . The Judicial Assistants and Evidence by Affidavit (Fees and

LH. I .... 1916.

Fonns) Regulations, 1986 arc hereby revoked.

Ippubblil:ll mid·Oil*li ......... • 1. 1"~i _ KUliljl - f'obliJlotd b, lIi< lkp<U" .... <tI of 1".""..,110#1 - K ... ,iq.,

MiIbup 8·1'" , ,i;' 111-0- - ~ . . . Gow_ Pn"IPrf ","u

Ir.Regolamenti ta' 1· 1986 dwar Assistenti Gudizzjarji u Xhieda

b' Affidavit (Driltijiet u Formuli), huma b'dan revokati.