Court of Appeal (Distribution of Cases) (Amendment) Rules, 2018

L.N. 301 of 2018

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Court of Appeal (Distribution of Cases) (Amendment) Rules, 2018

IN EXERCISE of the powers conferred by article 29 of the Code

of Organization and Civil Procedure, the President of Malta after

consultation with the Rule Making Board, has made the following

rules:-

The title of these rules is the Court of Appeal (Distribution Citation.

of Cases (Amendment) Rules, 2018 and they shall be read and

construed as one with the Court of Appeal (Distribution of Cases) S.L. 12.11.

Rules, hereinafter referred to as the "principal rules".

Rule 2 of the principal rules shall be substituted by the Substitutes

regulation 2 of

following

the principal

rules.

" Distribution of

2. The Chief Justice shall assign and appoint

cases before the

the cases to be heard by the Second Chamber or the

First, Second and

Third Chamber of the Court of Appeal, and not by the

Third Chambers.

First Chamber of the same Court, on the basis of the

following principles:-

(a) the cases to be appointed shall as

much as possible follow chronologically those

cases which are monthly appointed in the First

Chamber of the Court in such manner that such

appointments shall be in subsidiary function to

the appointments before the First Chamber

Provided that the Chief Justice may

also assign certain categories of cases to the

Second Chamber or the Third Chamber in which

case the chronological order may for that reason

not necessarily follow that for appointments

before the First Chamber;

(b) without prejudice to the provisions of

the other paragraphs of this rule, appeals from

judgements and decrees of the Civil Court

(Family Section), from judgements and decrees in

causes for eviction from immovable property and

from decisions of the Land Arbitration Board,

shall be assigned to the Third Chamber;

(c) a case in which a judgement had been

passed by one of the judges sitting in the Second

Chamber or the Third Chamber shall not be

assigned to that Chamber;

(d) an appeal from a judgement passed by

the Gozo Court shall not be heard by the Second

Chamber or the Third Chamber;

(e) appeals which prima facie appear to be

of a complex or complicated nature or which

would require hearings spread over more than one

sitting, shall normally be dealt with by the First

Chamber.".

€0.18