129 tal-2000 - Regoli tal-2000 li jemendaw ir-Regoli dwar il-Prattika u l-Proċedura tal-Qrati

L.N.129 of 2000

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Court Practice and Procedure (Amendment) Rules, 2000

The President of Malta has approved the following Rules of Court

made by the Ruling Making Board constituted in terms of article 29 of

the Code of Organization and Civil Procedure.

(1) The title of these rules is the Court Practice and Procedure

(Amendment) Rules, 2000, and shall be read and construed as one with

the Court Practice and Procedure Rules, 1993, hereinafter referred to as

"the principal rules".

(2)

These rules shall come into force on the 1st August, 2000.

Immediately after rule 8 of the principal rules there shall be

added the following new rule:-

8A (1) Proceedings under article 6 of the Child

Abduction and Custody Act, before the First Hall of the Civil

Court or any other Court which the Minister responsible for

justice may by order designate for the purposes of the Act,

may be instituted by application.

Custody Act,

(2) For the purposes of article 6 of the Act, the

application shall state the facts clearly and concisely and shall

be accompanied by a duly authenticated copy of the decision

or determination delivered in another Contracting State other

than Malta of the Convention on the Civil Aspects of

International Child Abduction, which was signed at the Hague

on the 25th October, 1980.

(3) In any application filed in the Court ofAppeal,

the application shall state clearly and concisely the

circumstances out of which the appeal arises, the reasons of

appeal and the prayer for the reversal or a specific variation

of the decision appealed from.

(4) Default of compliance in the application with

the requirements of paragraphs (2) and (3) of this rule shall

not render the application null; but the Court may, in any

such case, order the applicant to file, within such time as the

Court shall fix, a note containing the particulars required, and

the costs of such order shall be borne by the applicant.

(5) The First Hall of the Civil Court or such court

by order designated by the Minister responsible for justice

shall set the case for hearing within four working days from

the day when the application is filed in Court.

(6) The application shall be served on the

respondent without delay.

(7) Once a case has been set down for hearing,

the Court seized of the matter shall ensure that the hearing of

the case shall be expeditious, and the hearing of the case shall

continue to be heard on consecutive days, and where this is

not possible on dates close to one another. The Court shall

subsequently give its decision without any delay.

(8) Any application for appeal shall be made

within eight working days from the date of the filing of the

decision and the respondent may file a written reply within

six working days from the date of service or within such

shorter period as the Court may determine.

(9) The Court of Appeal shall fix a date for

hearing within eight working days from the date of the filing

of the application, or from the filing of a reply by the

respondent within the time limit therefor, or if no such reply

is filed from the expiry of such time.

(10) The Court of Appeal shall give a final

decision without any delay.

(11) An application for the registration of a

custody decision made by any authority in a Contracting State,

other than Malta, of the European Convention on Recognition

and Enforcement of Decisions concerning Custody of

Children and on the Restoration of Custody of Children signed

in Luxembourg on the 20th May, 1980, shall be made in the

Registry of the Court of Appeal and shall be accompanied by

an authentic copy of the decision.

(12) The application shall include. any other

relevant documents and the names and addresses of the

persons who have to be notified about the filing of the

application.

(13) (a) The Court of Appeal may by order give

directions to ensure the disclosure of any information about

any child who is the subject of proceedings under Part 11 of

the Act and to safeguard his or her welfare.

(b) Upon registration of a custody decision, the

Registrar of the Court of Appeal shall notify the Director

responsible for Welfare and such other person as the Court

may deem necessary of such registration and date thereof.

(14) Where any registration ofa decision as provided

for in article 19 (1) (2) of the Act is cancelled or varied, the

Court of Appeal shall notify such cancellation to the persons

who had been notified of the registration of the decision, the

Director responsible for Welfare and such other person as

the Court may deem necessary.

(15) For the purpose of this rule and unless the

context otherwise requires, "Act" means the Child Abduction

and Custody Act, Cap. 410.".