238 tal-2025 - Regoli tal-2025 li jemendaw ir-Regoli dwar il-Prattika u 1-Proċedura tal-Qrati u l-Bon-Ordni

L.N. 238 of 2025

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Court Practice and Procedure and Good Order

(Amendment) Rules, 2025

THE PRESIDENT of Malta has approved the following Rules of

Court made by the Board with power to make rules constituted under

article 29 of the Code of Organization and Civil Procedure.

The title of these rules is the Court Practice and Procedure

and Good Order (Amendment) Rules, 2025 and these rules shall be

read and construed as one with the Court Practice and Procedure and

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

In rule 1 of the principal rules, immediately after sub-rule

(3) there shall be added the following new sub-rule

"(4) The amendments to rules 2, 3, 4, 5, 6, 10, 14, 15, 16,

17 and 21 shall come into force on the 15 th October, 2025. These

amendments shall not affect anything done or allowed under the

rules before being so amended.".

Rule 2 of the principal rules shall be substituted by the

following new rule

"2. Proceedings related to breaches of the rights outlined

in the Charter of Fundamental Rights of the European Union,

proceedings before the Civil Court, First Hall, under article 46

(1) of the Constitution of Malta and under article 4(1) of the

European Convention Act and proceedings before the

Constitutional Court in cases referred to in article 95(2) of the

Constitution of Malta shall be instituted by application.".

Sub-rule (1) of rule 3 of the principal rules shall be

substituted by the following new sub-rule

"(1) (a) An application before the Civil Court,

First Hall shall state concisely and clearly the facts out

of which the complaint arises and shall indicate the

provision or provisions of the Constitution of Malta or

the European Convention for the Protection of Human

Rights and Fundamental Freedoms or of the Charter of

Fundamental Rights of the European Union alleged to

have been, to be or likely to be contravened.

(b) The complaint shall be directed

against any person accused of violating the

provisions of the Constitution of Malta, the

European Convention for the Protection of

Human Rights and Fundamental Freedoms or of

the Charter of Fundamental Rights of the

European Union.

(c) In the event that the complaint is about

the operation of a law, this shall also be directed

against the State Advocate and the person

availing himself of the challenged law.

(d) If the complaint concerns the actions

of any judicial body established by law, then such

complaint shall be directed against the State

Advocate and against the party involved in the

proceedings of the judicial body in question.

Sub-rules (1) and (2) of rule 4 of the principal rules shall be Amends rule 4

substituted by the following new sub-rules

(1) (a) Any application filed before the Civil

Court, First Hall, under rule 2 shall be assigned for

hearing, as far as possible, not later than four months

from the date of filing, and such application shall be

served on the respondent who has the right to file a

reply within twenty days from the date of service.

(b) The Civil Court, First Hall may, by

means of a reasoned decree, shorten the time limit

for the reply if it determines that the application

should be heard expeditiously or as a matter of

urgency.

(c) The provisions of article 229 of the

Code of Organization and Civil Procedure shall

apply to the decrees issued by the Civil Court,

First Hall.

(d) Provisional measures, directives and

orders issued by the Civil Court, First Hall under

article 46 of the Constitution of Malta and article

4(1) of the European Convention Act during the

course of the proceedings, may be appealed

before the Constitutional Court in accordance

with the procedure specified in article 229(3) of

the Code of Organization and Civil Procedure.

(2) (a) An

appeal

application

from

judgements of the Civil Court, First Hall shall be filed

within thirty days from the date of the appealed

decision and the respondent may file a written reply

and a cross-appeal within thirty days from the date of

service. The party served with the cross-appeal shall

have the right to file a reply within thirty days of

service.

(b) Appeals from partial judgements and

cross-appeals shall mutatis mutandis follow the

procedure described in articles 231 and 240 of the

Code of Organization and Civil Procedure.".

Rule 5 of the principal rules shall be substituted by the

following new rule

"5. (1) (a) Any order of reference submitted

to the Constitutional Court under article 56 of the

Constitution of Malta, or to the Civil Court, First Hall

under article 46(3) of the Constitution of Malta and

article 4(3) of the European Convention Act shall state

concisely and clearly the facts and the circumstances

out of which the question arises, the terms of such

question, the questions which need to be answered and

indicate the provision or provisions of the Constitution

of Malta or of the European Convention for the

Protection of Human Rights and Fundamental

Freedoms, as the case may be, allegedly contravened.

(b) The order of reference may be

returned without a response if it does not meet the

requirements specified in this rule.

(2) When any such reference has been made, it

shall be the duty of the Registrar, Civil Courts and

Tribunals or of the Registrar, Civil Courts and

Tribunals, Gozo, as applicable, to ensure not only that

the record of the proceedings or any authenticated copy

thereof is brought before the court to which the

reference is made without any delay and with urgency

but shall also ensure that a copy of the order of

reference is served on the parties involved and on the

State Advocate, who shall have twenty days from date

of service to file their written submissions regarding the

order of reference.

(3) The court receiving the order of reference

shall schedule a hearing for a date not later than one

month after the parties and the State Advocate have

been served with the order of reference. The Registrar,

Civil Courts and Tribunals or the Registrar, Civil

Courts and Tribunals, Gozo, as applicable, shall ensure

that the notice of hearing is served on the parties and

the State Advocate.

(4) The role of the court receiving the order of

reference is not to hear evidence but solely to respond

to the questions posed by the referring court.

(5) Nothing prevents the court receiving the

reference from making any additional observations that

it considers relevant to provide a thorough response to

the questions posed, even by raising issues ex officio, as

long as the parties and the State Advocate are given the

right to make submissions on those issues raised ex

officio.

(6) Appeals submitted to the Constitutional

Court regarding a decision delivered by the Civil Court,

First Hall, following an order of reference made in

accordance with article 46(3) of the Constitution of

Malta or article 4(3) of the European Convention Act

shall be filed within thirty days from the date of the

appealed decision.

(7) Any reply to the appeal and cross-appeal

shall be made within thirty days of service of the appeal

application.

(8) The party receiving the cross-appeal shall be

entitled to reply thereto within thirty days of service.".

In rule 6 of the principal rules the words "heard on Amends rule 6

consecutive days, and, where this is not possible, on dates close to one of

another." shall be substituted by the words "heard on dates close to one

Sub-rule (1) of rule 10 of the principal rules shall be

substituted by the following new sub-rule

"(1) (a) A case may be adjourned at the

request of the parties if the court is satisfied that

exceptional circumstances exist which justify such

adjournment.

(b) The request for adjournment shall be

made by means of an application not later than

ten days before the day due for hearing or, if the

cause for adjournment arises after the expiration

of the said time limit, as soon as practicable

thereafter, and the application shall specify in

detail the circumstances justifying the request and

shall be confirmed on oath by the applicant or, if

the applicant is absent from Malta or is otherwise

unable to confirm the application in person, such

fact shall be stated in the application.

(c) In urgent cases, where a request for

adjournment cannot be submitted through an

application, it may be communicated by email or

phone to the Deputy Registrar, who shall be

responsible for informing the court and the parties

involved about the request for adjournment.".

The premise and paragraphs (a), (b), (c) and (d) of rule 14

of the principal rules shall be substituted by the following new premise

and paragraphs

The following rules

in relation to

to notifications and

communications. notifications and communications

shall apply to all

courts, boards and tribunals presided over by Judges or

Magistrates

(a) where it is ordered, in terms of article

173 of the Code of Organization and Civil

Procedure, that an order or a directive in camera

is to be served or communicated to an advocate or

legal procurator and in the case of any other

communication including that which is not

mandatory at law but is made by the court by way

of courtesy, as is the case with communication of

a court minute or deposition of witnesses, such

service may be personally executed by an

executive officer of the court or sent by email by

the Deputy Registrar of the Civil Courts and

Tribunals of Malta or Gozo to such advocate or

legal procurator;

(b) where a time limit has been

established in an order or directive made as

aforesaid, the said time limit shall be a reasonable

one, and such time limit shall commence to run

from the date when the communication or

service, as the case may be, has been effected

Provided

that

where

the

communication or service, as the case may be, is

made by an email, such time limit shall

commence to run from the date the email is

delivered to the specified address;

(c) the Deputy Registrars of the Civil

Courts and Tribunals of Malta and Gozo may

communicate with the parties, their advocates or

legal procurators regarding the service of written

pleadings and judicial acts; and

(d) the parties, along with their lawyers or

legal procurators may declare their acceptance of

the service of written pleadings, judicial acts and

notices by sending an email to the Deputy

Registrars of the Civil Courts and Tribunals of

Malta or Gozo and, in such event, the Deputy

Registrars shall ensure that a copy of the email is

entered in the records of the proceedings;".

10. Rule 15 of the principal rules shall be amended as follows

Amends rule 15

of the principal

rules.

(a)

sub-rules (1) and (2) thereof shall be substituted by

the following new sub-rules

"(1) The provisions of Regulation (EU) No

2020/1784 of the European Parliament and of the

Council of 25 November 2020 on the service in the

Member States of judicial and extrajudicial documents

in civil or commercial matters (service of documents)

(recast) shall apply to matters falling within the scope

of that Regulation.

(2) The provisions of Part II of the Legal

Procedures (Ratification of Conventions) Act,

incorporating into Maltese law the Convention on the

Service Abroad of Judicial and Extrajudicial

Documents in Civil or Commercial Matters, signed at

the Hague on 15 November 1965 shall apply to those

state parties to the said Convention and to those

European Member States which are not participating

and bound by the provisions of the aforementioned

Regulation (EU) No 2020/1784 of the European

Parliament and of the Council and any amendments

thereto which may be applicable to Malta from time to

time.

(b) sub-rule (4)(f) thereof shall be substituted by the

following new sub-rule

(f) The Registrars shall transmit through the

State Advocate to the Minister of Foreign Affairs, the

letter of request for service received from the foreign

country, together with the evidence of service, with a

certificate appended thereto duly sealed. Such

certificate shall be on Form No. 3 as set out in Annex

A.".

11. Rule 16 of the principal rules shall be substituted by the

following new rule

"16. (1) Notwithstanding the provisions of Part

III of the Legal Procedures (Ratification of

Conventions) Act, the provisions of Regulation (EU)

No 2020/1783 of the European Parliament and of the

Council of 25 November 2020 on cooperation between

the courts of the Member States in the taking of

evidence in civil or commercial matters (taking of

evidence) (recast) shall apply to matters falling within

the scope of the said Regulation.

(2) The provisions of Part III of the Legal

Procedures (Ratification of Conventions) Act,

incorporating into Maltese law the Convention on the

Taking of Evidence Abroad on Civil or Commercial

Matters, signed at the Hague on 18 March 1970 shall

apply to those state parties to the said Convention and

to those European Member States which are not

participating and bound by the provisions of the above-

mentioned Regulation (EU) No 2020/1783 of the

European Parliament and of the Council and any

amendments to such Regulation which may be

applicable to Malta from time to time.

(3) All civil courts shall have jurisdiction to

execute letters of request made in terms of Regulation

(EU) No 2020/1783 of the European Parliament and of

the Council.".

12. Rule 17 of the principal rules shall be substituted by the Substitutes rule

following new rule

"17. (1) Further to the provisions of article

825A of the Code of Organization and Civil Procedure,

the provisions of Regulation (EU) No 1215/2012 of the

European Parliament and of the Council of 12

December 2012 on jurisdiction and the recognition and

enforcement of judgements in civil and commercial

matters (recast) shall apply to matters falling within the

scope of the said Regulation.

(2) The Civil Court, First Hall, in the case of

judgements to be recognised or enforced in Malta, and

the Court of Magistrates (Gozo) in its superior

jurisdiction, in the case of judgements to be recognised

or enforced in Gozo or Comino and on appeal, the

Court of Appeal, and in the case of a maintenance

judgement, the Registrar, Civil Courts and Tribunals

and the Registrar, Gozo Courts and Tribunals, as the

case may be, shall have jurisdiction to recognise or

enforce foreign judgements in civil and commercial

matters made in terms of Regulation (EU) No 1215/

2012 of the European Parliament and of the Council

and any amendments thereto which may be applicable

to Malta from time to time.".

13. Sub-rule (1) of rule 21 of the principal rules shall be Amends rule 21

substituted by the following new sub-rule

" (1) It shall be the responsibility of the court, not the

parties, to settle the terms of the reference to the Court of Justice

of the European Union, although the court shall allow the parties

to make submissions on the manner in which the reference is to

be drawn up. The reference shall identify as clearly, succinctly

and simply, as the nature of the case permits, the question to

which the Maltese court seeks an answer.".

€0.81