Code of Organization and Civil Procedure (Schedule A)

L.N.142 of 200()

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12.)

Code of Organization and Civil Procedure (Schedule A)

(Amendment) Regulations, 2000

IN exercise of the powers conferred by article 1004 of the

Code of Organization and Civil Procedure, th'e Minister of Justice

and Local Government, with the concurrence of the Minister of

Finance, has made the following regulations:-

(1)

The title of these regulations IS Code of

Organization and Civil Procedure (Schedule A) (Amendment)

Regulations, 2000 and they shall be read and construed as one with

Schedule A annexed to the Code of Organization and Civil

Procedure, hereinafter referred to as "Schedule A".

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

October, 2000.

Tariffs A, B, C and D of Schedule A shall be deleted

and substituted by the following new Tariffs A, B, C and D

"TARIFF A

Fees payable in respect of the trial of causes in the Registries of the Superior

Courts of Justice and the Courts of Magistrates in Malta and Gozo excluding the

Court of Voluntary Jurisdiction

I (I) For the filing of any petition, application, writ of summons or

other act of procedure containing a claim which initiates a

contentious procedure in a Court of First Instance and requiring the

decision of a Judge or Magistrate as well as for any statement of

defence, answer or other act of procedure in reply thereto and

intended to contest, whether totally or partially, the claim made

.

Provided that the above fee shall include the filing of all other acts of

procedure and court services (including but not limited to filing of

warrants for the examination of witnesses, the examination itself,

recording fees, transcriptions and copies, the services of judicial

assistants, the transmission of the records of causes, taxed bill of

costs and copies of the judgement) required following the initiation

of the cause through the said act up to and including final judgement

but excluding any fees due for the notification of acts and fees due to

referees or experts appointed by the Court or any fees which the

Court may be required to pay to third parties.

(2) For the filing of any petition, application, writ of summons or

other legal act initiating a contentious procedure in a Court of Appeal

and requiring the decision of a Judge as well as for any statement of

defence, answer or other act of procedure in reply thereto and

intended to contest, whether totally or partially, the appeal

.

Provided that no fee shall be payable under this paragraph for any

appeal filed in terms of any other law which already provides a fee to

be paid for such an appeal

Provided further that the above fees shall include the filing of all

other acts of procedure and court services (including but not limited

to the filing of warrants for the examination of witnesses, the

examination itself, recording fees, transcriptions and copies, the

services of judicial assistants, the transmission of the records of

causes, taxed bill of costs and copies of the judgement) required

following the initiation of the appeal through the said act up to and

including final judgement but excluding any fees due for the

notification of acts and any fees due to referees or experts appointed

by the Court or any fees which the Court may be required to pay to

third parties.

(3) No fee shall be levied under this paragraph for the filing of any

note of admission of a claim provided that the claim is admitted in

full and unconditionally before any contestation thereon.

(4) Any counter-claim contained in any act of procedure stated in

sub-paragraphs (1) or (2) of this paragraph shall be treated as ifit is a

new claim and the fees set out in sub-paragraphs (1) and (2) of this

paragraph shall be levied on the counter claim and the reply thereto.

(5) In actions for personal separation, maintenance, filiation,

paternity, child abduction or custody, relating to the civil status of a

person, relating to human rights or relating to general elections and

in actions concerning personal injury, claims for the payment of

wages or claims for unjust dismissal from employment, the fees

stated in this paragraph shall be rebated by.........................................

2 (1) In addition to the fees stated in paragraph 1, on the filing any

petition, application, writ of summons or other act of procedure

containing a claim which initiates a contentious procedure in a Court

of First Instance and requiring the decision of a Judge or Magistrate

and when the registry fee is assessable on a determinate value or on a

value which may be determined according to law or from the act

itself, the following fees shall also be due

(a) up to Lm 3000, per Lm 100 or part thereof

(b) in respect of any value in excess of Lm 3,000 up to Lm 5,000, per

Lm 100 or part thereof

(c) in respect of any value in excess of Lm 5,000 up to Lm 10,000,

per Lm 100 or part thereof

(d) in respect of any value in excess of Lm 10,000 up to Lm 50,000,

per Lm 100 or part thereof

(e) in respect of any value in excess of Lm 50,000 up to Lm 100,000,

per Lm 100 or part thereof............................................................

(f) in respect of any value in excess of Lm 100,000, per Lm 100 or

part thereof

Provided that the fees established in sub-paragraphs (a) to (f) of this

paragraph shall be inclusive of any declaration, which may be

necessary, and of any decree given in a cause up to final judgement.

(2) In addition to the fees stated in paragraph 1, on the filing of a

statement of defence, answer or other act of procedure filed in reply

to a claim and intended to contest, whether totally or partially, a

claim made in a Court of First Instance, the fees stated in sub-

paragraph (1) of this paragraph shall also be due but shall be rebated

by

Which amount is due to be paid not later than the day preceding the

day of the first court sitting in the case, and in the event that such

payment is not effected, such act of procedure shall be deemed not to

have been done.

In computing such amount, the Registrar shall, together with the

notified act concerning which the act is done, inform such person

about the amount to be paid and by which date.

(3) Any counter-claim contained in any act of procedure stated in

sub-paragraphs (l) or (2) of this paragraph shall be treated as if it is a

new claim and the fees set out in sub-paragraphs (1) and (2) of this

paragraph shall be levied on the counter claim and the reply thereto.

(4) In actions for personal separation, maintenance, filiation,

paternity, child abduction or custody, relating to the civil status ofa

person, relating to human rights or relating to general elections and

in actions concerning personal injury, claims for the payment of

wages or claims for unjust dismissal from employment the fees stated

in this paragraph shall not apply but there shall be levied a one time

fee of.................................................

(5) The fees established in sub-paragraphs (I) and (2) of this

paragraph shall be raised by one third on appeal.

(6) No fee shall be payable under this paragraph for any appeal

filed in terms of any other law which already provides a fee to be

paid for such an appeal.

(7) In the case of appeals filed in terms of any other law for which

no fee is established in terms of that law, the fees established in terms

of this paragraph shall not be due but there shall be levied a one time

fee of.................................................

3 (1) When the value of a claim is uncertain or indeterminate and the

fees stated in paragraph 2 cannot be applied, the value of the claim

shall be assessed in accordance with the following rules

(a) In actions brought by the Government or by any Authority or

Public Corporation where the claim is for the recovery of a

penalty which has both a minimum and a maximum fixed by law.

the value to be assessed shall be the maximum amount of the

penalty fixed by law.

(b) In actions concerning the partition of property whether inter

vivos or causa mortis and independently of whether the actual

partition is requested or not, and in actions concerning

succession, the claimant shall, together with his claim, submit a

list of the property the partition of which is being requested or

which is involved in the succession together with a declaration,

signed and attested to on oath by an architect in the case of

immovables and by a competent valuer in the case of movables,

certifying the valuation of such property, and the value shall be

assessed on the total sum shown on such valuation

Provided that in no case shall the fee taxed be less than...............

(c) In actions concerning the payment of annuities. allowances and

the like the fee taxed shall be

(d) In actions relating to the ranking of creditors, bankruptcy

proceedings or any other adjudication upon competing claims the

claimant shall together with his claim submit a valuation by a

certified accountant of the assets and liabilities being the subject

of the claim and the value to be assessed shall be the higher sum

between the assets and liabilities

Provided that in no case shall the fee taxed be less than.....

(e) In causes concerning the validity of a redemption or the

implementation of a promise of sale or transfer, whether of

movables or immovables, the value to be assessed shall be the

value of the property redeemed or which was promised to be sold

or transferred and for this purpose the claimant shall, together

with his claim, submit the promise of sale or transfer, if existent,

or, ifnot existent, a declaration, signed and attested to on oath by

an architect in the case of immovables and by a competent valuer

in the case ofmovables, certifying the value of such property

Provided that in no case shall the fee taxed be less than

.

(f) In causes where the claim is for the Court to declare the existence

of a right of the claimant against any other person which right

may reasonably be inferred to be followed by a liquidation of the

amount due, even if such liquidation is not requested in the

claim, the claimant shall be obliged together with his claim to

submit a sworn declaration stating the approximate sum which he

believes he could claim ifhis right is established, and the value to

be assessed shall be the value declared by the claimant

Provided that in no case shall the fee taxed be less than

.

(2) Where, notwithstanding the rules contained in sub-paragraph

(1) of this paragraph, the value is still uncertain or indeterminate, the

fee taxed shall not be less than

.

(3) Notwithstanding the provisions of this paragraph, if, following

definitive judgement, the Court will have declared or liquidated an

amount as the value ofthe cause and that value is determinate or may

be determined according to law and the fees due on such value are

higher than the amount paid as registry fees, the Registrar of Courts

may demand the difference from the party filing the cause.

4 (1) In cases of compromise or discontinuance of any cause in a

Court of First Instance

after contestation of the claim but before the first hearing of the

cause, all fees paid in terms of paragraph 2 or 3 will be rebated

~

.

following the first hearing of the cause but not later than the third

sitting thereof, all fees paid in terms of paragraph 2 or 3 will be

rebated by

.

following the third hearing of the cause but before the cause has

been put offfor judgement, all fees paid in terms of paragraphs 2

and 3 will be rebated by

..

(2) In cases of compromise or discontinuance of a cause in a Court

of Appeal the rebates established in the previous sub-paragraph of

this paragraph shall be applied as well but limited only to the fees

paid relative to the appeals procedure.

(3) The fees stated in paragraphs 1 to 3 of this Tariff shall also be

due on the filing of any application to a Court to be permitted to file

any statement of defence, answer or other act of procedure filed in

reply to a claim and intended to contest, whether totally or partially, a

claim made in a Court of First Instance or in a Court of Appeal

provided that in the event of a judgement of non-suit all fees paid in

terms of paragraphs 1 to 3 shall be rebated by

.

5 (I) For every notification of an act of procedure, including

expenses incurred in the execution of such notification, the following

fees shall be due

(i)

registry fee

..

(ii) fee due to the executive officer effecting the service ..

(2) Notwithstanding anything contained in this Tariff, if the

notification of any act is to be executed personally by an executive

officer of the Court, in cases where the law permits that service be

effected otherwise, the following additional fees shall be due for each

notification

(il

registry fee

.

(ii l fee due to the executive officer effecting the service

6 For any other act of procedure indicated in the Code of Organisation

and Civil Procedure but for wh ich no fee is established in these

Tariffs

.

For the opening of the registry outside working hours

(i l

registry fee

..

(ii) fee due to attending deputy registrar

(iii) fee ~ue to each executive officer required to effect

service

.

8 (I) Unless otherwise stated, all fees due shall be paid together with

the filing of the relative act and the Registrar shall not accept for

filing any act of procedure which is not accompanied by the relative

fee.

(2) The assessment of the Registrar on the amount of fees to be paid

shall be final.

(3) In assessing the fees laid down in this Tariff no account shall be

taken of any fraction of Lm I.

9 (I) The Court may, when delivering judgement, order that the

plaintiff or defendant in a cause pay increased costs to the Registrar

of Courts of not less than Lm 250 and not more than Lm 1,000 if the

Court deems that the act of procedure initiating the claim or the act of

procedure in reply was frivolous or vexatious or that either of the

parties has unnecessarily prolonged the proceedings and in such case

such sum will not be recoverable from the other party.

No appeal shall lie from the decision of the Court.

(2) The Court may, when delivering judgement, also order that part

of the costs be borne by the advocate of the plaintiff or the defendant

if the Court deems that the advocate is responsible. wholly or partly,

for the frivolous or vexatious act of procedure or for prolonging the

proceedings.

No appeal shall lie from the decision of the Court.

10 (I) The Registrar shall cause a taxed bill of costs to be kept in the

file of each cause and shall immediately enter therein all payments

made to the Registrar and all payments due to the advocates and legal

procurators of the parties and the parties, their advocates and legal

procurators shall have the right to a copy thereof at any time.

(2) Within one month of the delivery of the definitive judgement,

the Registrar shall cause a final taxed bill of costs to be drawn up and

a copy thereof shall be sent to the parties and their advocates and

legal procurators.

II With respect to causes which have been presented prior to the

coming into force of this Tariff the Registrar shall, on the conclusion

of that cause or on the compromise or discontinuance thereof. tax the

fees due on the basis of this Tariff deducting therefrom any sums paid

to date and any difference in favour of the Registrar shall be due by

the party established in this Tariff

Provided that this paragraph shall not apply to any cause -

(il

which, on the day of the coming into force of this

Tan ff, is put off for judgement;

(ii) which, following the coming into force of this Tariff

but not later than the 30 th June 2001, is

unconditionally compromised or unconditionally

discontinued

Provided further that any agreement registered in the records of the

cause stating that the parties have agreed to discontinue the cause and

refer it to the binding decision of the Malta Arbitration Centre shall,

for the pU1;pose of this paragraph, be treated as an unconditional

compromise or discontinuance.

TARIFFB

Fees payable in respect of Judicial Acts and Services not connected with the trial

of causes in the Registries of the Superior Courts of Justice and the Courts of

Magistrates in Malta and Gozo excluding the Court of Voluntary Jurisdiction

For. the ~ling of. any judicial letter but excluding fees due for any

notIficatIOn reqUIred

.

2 For every certificate required to be issued by the Registrar

..

3 For legalising any note required to be registered in the Public

Registry

..

4 For the affixing of any seal of the Court where this is prescribed by

law or by the Court

.

5 For every copy, authenticated or otherwise, for each page

..

6 For every translation, in addition to the fees payable to the translator.

For every search in the archives ofthe Court, per individual cause

.

and for any copy thereof, whether authenticated or not, per page

.

8 For the administration of an affidavit not in connection with court

proceedings

.

9 For the lodgement of any monies in Court, for any schedule of set-off

or redemption, a fee equal to

..

of the money to be deposited, to be set-off or redeemed shall be

levied but such fee shall not include the notification of such schedule

on third parties indicated in the schedule and provided further that in

no case shall such fee be less than

.

10 For the lodgement in Court of any object not being monies excluding

the service of such schedule on third parties indicated in the schedule

11 For the searching for and inspection of any application for the

withdrawal of any monies or things deposited in Court but not

including the notification of such application on third parties

indicated in the application and for any reply thereto

..

12 For the opening of the registry outside working hours

(i)

registry fee

.

(ii) fee due to attending deputy registrar

..

(iii) fee due to each executive officer required to effect

service

.

13 (1) For every notification of an act of procedure, including expenses

incurred in the execution of such notification, the following fees

shall be due

(i)

registry fee

..

(ii) fee due to the executive officer effecting the service ..

(2) Notwithstanding anything contained in this Tariff if the

notification of any act is to be executed personally by an execmive

officer of the Court, in cases where the law permits that service be

effected otherwise, the foilowing additional fees shall be due for each

notification

(i)

registry fee

.

(ii) fee due to the executive officer effecting the service ..

14 For any other act of procedure indicated in the Code of Organization

and Civil Procedure but for which no fee is established in these

Tariffs

.

15 (1) All fees due shall be paid together with the filing of the relative

act and the Registrar shall not accept for filing any act of procedure

which is not accompanied by the relative fee.

(2) The assessment of the Registrar on the amount of fees to be paid

shall be final.

(3) In assessing the fees laid down in this Tariffno account shall be

taken of any fraction of Lm 1.

TARIFFC

Fees payable in respect of Acts filed in the Court of Voluntary Jurisdiction

For every application filed and for every answer thereto, not being an

application or answer indicated in any of the following paragraphs of

this Tariff

..

Provided that the above fee shall include the filing of all other acts of

procedure and court services (including but not limited to the filing

of all procedural acts, examination of witnesses, preparation and

publication of notices, banns and edicts, copies of decrees, taxation

of fees and the like) required following the initiation of proceedings

through the said application up to and including the final decree but

excluding any fees due to referees or experts appointed by the Court

or any fees which the Court may be required to pay to third parties.

2 For the presentation of every secret will

;

.

3 For any obligation entered in the records of the Court

(i)

if the value of the estate does not exceed Lm 1,000 ..

(ii) if the value of the estate do-:s not exceed Lm 10,000 ..

(iii) if the value of the estate does not exceed Lm 50,000 ..

(iv) if the value of the estate exceeds Lm 50,000

..

4 For every report on a reference as to the taxation of fees

(i)

registry fee..

.

.

(ii) fee due to the referee appointed by the Court ..

Provided that the Court may order that a higher fee be paid to the

referee appointed by the Court if it deems that the work involved so

warrants.

5 For the examination of accounts

Ii)

registry fee

..

(ii) fee due to the expert appointed by the Court

Provided that the Court may order that a higher fee be paid to the

expert appointed by the Court if it deems that the work involved so

warrants.

6 For every curatorship in cases of discharge or in connection with

edicts

(i)

registry fee

..

(ii) fee due to the curator appointed by the Court

.

Provided that the Court may order that a higher fee be paid to the

curator appointed by the Court if it deems that the work involved so

warrants.

For the opening of the registry outside working hours

(i)

registry fee

.

(ii) fee due to attending deputy registrar

..

(iii) fee due to each executive officer required to effect

service

.

The fees stated in paragraphs I to 5 of this Tariff are inclusive of

8 (l)

the filing of any subsequent act of procedure, transport expenses for

court executive officers, the filing of valuations or reports by Court

appointed experts, the publication of banns and notices in the

Government Gazette and any other court service in connection

thereto and which is not specifically excluded by this Tariff.

(2) The fees stated in paragraphs I to 5 of this Tariff do not include

fees and expenses due to Court appointed experts and to third parties,

which fees and expenses shall be taxed separately.

9 For any other act of procedure indicated in the Code of Organization

and Civil Procedure but for which no fee is established in these

Tariffs

.

Provided that fees for services not specifically provided for in this

Tariff but provided for in other Tariffs shall be taxed according to

those Tariffs.

10 For every service not otherwise included and, notwithstanding

anything else contained in this Tariff, for any notification required in

addition to the first notification following the filing of an act of

procedure, for each service

.

For every notification of an act of procedure, including

II (1)

expenses incurred in the execution of such notification, the following

fees shall be due

(i)

registry fee

.

(i)

fee due to the executive officer effecting service

..

(2) Notwithstanding anything contained in this Tariff, if the

notification is to be executed personally by an executive officer of

the Court in cases where the law permits that service be effected

otherwise, the following fees shall be due for each notification

(i)

registry fee

.

(ii) fee due to the executive officer effecting the service ..

12 (l) All fees due shall be paid together with the filing of the relative

act and the Registrar shall not accept for filing any act of procedure

which is not accompanied by the relative fee.

(2) The assessment of the Registrar on the amount of fees to be paid

shall be final.

(3) In assessing the fees laid down in this Tariff no account shall be

taken of any fraction of Lm 1.

TARIFFD

Fees payable in respect of Precautionary and Executive Acts and Judicial Sales

by Auction in the Registries of the Superior Courts of Justice and the Courts of

Magistrates in Malta and Gozo excluding the Court of Voluntary Jurisdiction

For the filing of a warrant of prohibitory injunction

(i) registry fee

.

(ii) fee due to the executive officer required to effect

service, for each notification

..

2 For the filing of a warrant of impediment of departure including the

service thereof

(i) registry fee

..

(ii) fee due to the executive officer required to effect

service, for each notification

..

3 For the filing of any other warrant

(i)

registry fee

.

(ii) fee due to the executive officer required to effect

service, for each notification

.

4 For the filing of any counter-warrant

(i)

registry fee

.

(ii) fee due to the executive officer required to effect

service, for each notification

..

5 (1) (a)

For the filing of any application for a judicial sale by

auction

(i)

registry fee

..

(ii) fee due to the executive officer required to effect

service, for each notification

..

(b)

No fee shall be levied for the suspension of a judicial sale

by auction

(c)

For the filing of an application to re-appoint a judicial sale

by auction which has been suspended

(i)

registry fee

..

(ii) fee due to the executive officer required to effect

service, for each notification

..

(2) For the removal of movables to the place where they are to be

sold by judicial auction

(i)

registry fee

..

(ii) fee due to the executive officer executing the seizure .

(3) For the storage in Government property of any movable to be

sold by auction, per day

..

Provided that the applicant shall, together with the filing of the

application for the judicial sale by auction, deposit a sum equivalent

to seven days' storage which sum shall be adjusted following the

adjudication of the sale or on its suspension.

(4) For the adjudication of any movable or immovable following a

judicial sale by auction, for every Lm 100

.

Provided that in no case shall the fee levied be less than

.

Provided further that when a licensed auctioneer performs the

auction, the fee established in the Auctioneers Act shall, in addition

be due to the auctioneer.

6 For the opening of the registry outside working hours

(i)

registry fee .,

.

fe~ due to attending deputy registrar

(ii)

.

(iii) fee ~ue to each executive officer required to effect

service

.

7 (1) Subj ect to sub-paragraph (2) of this paragraph, the fees stated in

paragraphs I to 4 of this Tariff are inclusive of all expenses and

services required in connection with the execution of the relative act

of procedure, any police assistance which the executive officer may

require in executing the act, the filing of valuations or reports by

Court appointed experts and the publication of banns and notices in

the Gazette.

(2) The fees stated in paragraphs 1 to 4 of this Tariff do not include

fees and expenses due to Court appointed experts and to third parties

which fees and expenses shall be taxed separately.

8 For any other act of procedure indicated in the Code of Organization

and Civil Procedure but for which no fee is established in these

Tariffs

.

9 For every notification, not previously mentioned in this Tariff, of an

act of procedure, including expenses incurred in the execution of

such notification, the following fees shall be due

(i)

registry fee

.

(ii) fee due to the executive officer effecting the service

.

10 Notwithstanding anything contained in this Tariff if the notification

is to be executed personally by an executive officer of the Court in

cases where the law permits that notification be effected otherwise,

the following fees shall be due, for each notification

(i)

registry fee

.

(ii) fee due to the executive officer effecting the service

.

11 (1) All fees due shall be paid together with the filing of the relative

act and the Registrar shall not accept for filing any act of procedure

which is not accompanied by the relative fee.

(2) The assessment of the Registrar on the amount of fees to be paid

shall be final.

(3) In assessing the fees laid down in this Tariffno account shall be

taken of any fraction ofLm 1.".

Tariffs H, I and M of Schedule A shall be deleted.

Tariff J of Schedule A shall be deleted and substituted Substitutes

by the following new Tariff

"TARIFF J

Fees payable in connection with Sea Protests or proceedings

concerning Average

For the procedures required following the filing of any application

regarding sea protests or for proceedings touching average up to the

filing of the report

(i)

registry fee..

..

(ii) fee due to the advocate

..

(iii) fee due to the judge delegate

..

(iv) fee due to the deputy registrar

..

(v)

fee due to the translator, if required

..

(vi) fee due to the clerk transcribing the protest and

depositions, if required

..

(vii) fee due to the executive officer of the Court

.

2 When the sea protest is drawn up outside the edifice of the Law

COlITts the fees stated in paragraph I of this Tariff shall be increased

by

.

Provided that if the sea protest is drawn up on board a ship lying

outside a harbour the fees stated in paragraph I of this Tariff shall be

increased by

.

3 Where the sea protest is drawn up at any time after 4.00pm and

before 9.00am the fees set out in paragraph I of this Tariff shall be

increased by

.

4 (1)

The sea-protest shall be drawn up in English.

(2) .An interpreter shall be employed when the declaration is made

or the evidence given in a language with which the judge is not

conversant.".