333 tal-2008 - Regoli tal-2008 li jemendaw ir-Regoli dwar il-Prattika u l-Proċedura tal-Qrati u l-Bon-Ordni

L.N. 333 of 2008

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Court Practice and Procedure and Good Order

(Amendment) Rules, 2008

The President of Malta has approved the following Rules of

Court made by the Rule-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 Citation and

Procedure and Good Order (Amendment) Rules, 2008, and they shall coming

force.

be read and construed as one with the Court Practice and Procedure L.N. 279 of

2008. and Good Order Rules, 2008, hereinafter referred to as “the princpal

(2) These rules shall be deemed to have come into force on the

13th November, 2008.

Rule 15 of the princpal Rules shall be amended as follows: Amends rule 15

of the principal

Rules.

(a)

for sub-rule (1) thereof there shall be substituted the

following new sub-rule

“(1) The provisions of Council Regulation (EC)

No 1393/2007 of 13 November 2007 on the service in the

Member States of judicial and extrajudicial documents in

civil or commercial matters continue to apply to matters

falling within the scope of that Regulation as published in

the Official Journal of the European Communities on 10

December, 2007 (L324/79 to 120).”;

(b) for sub-rule (2) thereof, for the words “Council

Regulation EC No 1348/2000 aforsesaid (and any amendments

thereto which might be applicable to Malta from time to time)”

there shall be substituted the words “Council Regulation EC No

1393/2007 aforsesaid (and any amendments thereto which

might be applicable to Malta from time to time).”; and

(c)

for sub-rule (3) thereof there shall be substituted the

following new sub-rule

“(3) The central authority or the receiving agency,

as the case may be, shall cause the document to be served

by attaching the document to a judicial letter filed in the

Registry of the Civil Court, First Hall, in the case of

documents to be served in the Island of Malta, and in the

Registry of the Court of Magistrates (Gozo) in its superior

jurisdiction, in the case of documents to be served in the

Islands of Gozo and Comino, to be served on the person

addressed together with such document, and such judicial

letter and accompanying document shall be served in

accordance with the methods prescribed in -

(a) article 187(1), (2), (4) or (7) of the Code of

Cap. 12 Organization and Civil Procedure, as the

circumstances of the case may require

Provided that the reference to curators

appointed by the court in the said article 187(7) shall

not apply; or

(b) article 187(8) of the Code of Organization

and Civil Cap. 12. Procedure

Provided that the proviso to the said article

187(8) shall not apply,

as the central authority may deem fit to specify in the

circumstances of each case.”.

In sub-rule (1) of rule 25 of the principal Rules,

immediately after the words "or a white blouse and a black skirt"

there shall be inserted the words "or trousers".