CIVIL PROCEDURE (REGULATION OF REGISTRIES, ARCHIVES AND FUNCTIONS OF DIRECTOR COURTS (GOZO) AND OTHER COURT EXECUTIVE

SUBSIDIARY LEGISLATION 12.21

CIVIL PROCEDURE (REGULATION OF REGISTRIES,

ARCHIVES AND FUNCTIONS OF DIRECTOR

COURTS (GOZO) AND OTHER COURT EXECUTIVE

OFFICERS) REGULATIONS

30th March, 2004

LEGAL NOTICE 139 of 2004, as amended by Legal Notices 407 of 2007,

and 46 and 283 of 2008, 93 of 2018, 408 and 508 of 2021, 272 of 2022 and

253 of 2023.

The title of these regulations is the Civil Procedure

(Regulation of Registries, Archives and Functions of Director Courts

(Gozo) and other Court Executive Officers) Regulations.

For the purposes of these regulations

"Code" means the Code of Organization and Civil Procedure;

and

"corporate matters" includes the matters connected with

(a) human resources, including, but not exclusively

related to, the recruitment, placement and dismissal of

personnel, matters related to discipline, leave,

employment and industrial relations, and the keeping

of employment records;

(b) finances, including but not exclusively related to, the

keeping of proper financial records, inventory control,

acquisitions and disposals and financial procedures;

and

(c) general administrative matters, including, but not

exclusively related to, the maintenance and

improvement of buildings and spaces within the

Courts of Justice Division, security matters, the

maintenance

of

machinery,

information

and

communication technology, services required by

courts and tribunals, and the compiling of statistics;

"tribunal" includes such tribunal, board or commission

e s t a b l i s h e d b y l a w o r s u c h p u b l i c o ff i c e r w h o s e o ff i c e i s

established by law which, in terms of the respective legislation

establishing such tribunals, boards, committees and public offices,

uses the services of a registry managed by the Director General

(Courts) or by the Director, Gozo Courts and Tribunals, as the case

may be.

(1) There shall continue to be in Malta a division of

government styled "Courts of Justice Division" which shall be

headed by the Director General (Courts).

(2) The Director General (Courts) shall perform his functions

either personally or through any court executive officer listed in

(GOZO) AND OTHER COURT EXECUTIVE OFFICERS)

regulation 8(2)(a) and (c) to (m) (both inclusive).

(3) The Director General (Courts) shall be responsible for the

management and administration of the Courts of Justice Division,

including the registries, archives and other services. He shall head

the Courts of Justice Division and all court executive officers

performing duties in the Courts of Justice Division shall, in the

execution of their duties, take instruction from, and be answerable

to, the Director General (Courts).

(4) Saving the provisions of sub-regulation (2), the Director

General (Courts) shall be assisted in the performance of his

functions under sub-regulation (3) by

(a) the Director, Civil Courts and Tribunals who shall

carry out the duties of Registrar of Civil Courts and

Tribunals;

(b) the Director, Legal Services who shall be entrusted

with providing legal services to the Courts of Justice

Division;

(c) the Director, Finance and Administration who shall be

responsible for administrative and corporate services

of the Courts of Justice Division.

(5) Without prejudice to sub-regulation (3), the Director

General (Courts) shall be responsible for the management of all the

space falling under the responsibility of the Courts of Justice

Division, including, but without prejudice to the generality of the

aforesaid -

(a) halls used by courts, tribunals, judges, magistrates and

other persons;

(b) office space;

(c) meeting rooms; and

(d) other spaces within all the buildings managed by the

Courts of Justice Division.

(6) Whenever a court or tribunal requires for the execution of

its lawful functions the use of any space as aforesaid, it shall,

through the deputy registrar assigned to it or performing duties

therewith, request the use of such space to the Director General

(Courts) or to such officer whom the Director General (Courts) may

delegate for the purpose.

(7) Sittings which are not presided by judges and magistrates

shall be held, if there is no space available during the morning,

after sittings presided by judges and magistrates come to an end.

(8) When video conferencing facilities are required, the

Director General (Courts) or his delegate shall ensure that first

preference is given to that court which needs to use a hall having

such facilities and any other court or tribunal which usually uses

that particular hall or which had already been assigned that hall

shall, su bject to av ailability of space, be prov ided with an

alternative hall.

(9) All halls in the Courts of Justice Division buildings shall be

numbered.

(1) There shall continue to be in Gozo a department of

government styled "Gozo Courts" which shall be headed by the

Director of Courts (Gozo).

(2) The Director of Courts and Tribunals (Gozo) shall perform

his functions either personally or through any executive officer of

the court listed in regulation 8(2)(a) and (c) to (m) (both inclusive).

(3) The Director General (Courts) shall be responsible for the

management and administration of the Gozo Courts, including the

registries, archives and other services. He shall head the Gozo Courts

and all court executive officers performing duties in the Gozo Courts

shall, in the execution of their duties, take instruction from, and be

answerable to, the Director of Courts (Gozo).

(4) Without prejudice to sub-regulation (3), the Director of

Courts (Gozo) shall be responsible for the management of all the

space falling under the responsibility of the Gozo Courts,

including, but without prejudice to the generality of the aforesaid -

(a) halls used by courts, tribunals, judges, magistrates and

other persons;

(b) office space;

(c) meeting rooms; and

(d) other spaces within all the buildings managed by the

Gozo Courts.

(5) Whenever a court or tribunal requires for the execution of its

lawful functions the use of any space as aforesaid, it shall, through the

deputy registrar assigned to it or performing duties therewith, request

the use of such space to the Director of Courts (Gozo) or to such

officer whom the Director of Courts (Gozo) may delegate for the

purpose.

(6) Sittings which are not presided by judges and magistrates

shall be held, if there is no space available during the morning,

after sittings presided by judges and magistrates come to an end.

(7) When video conferencing facilities are required, the

Director of Courts (Gozo) or his delegate shall ensure that first

preference is given to that court which needs to use a hall having

such facilities and any other court or tribunal which usually uses

that particular hall or which had already been assigned that hall

shall , subj ect to availabil ity o f space, be provid ed with an

alternative hall.

(8)

All halls in the Gozo Courts building shall be numbered.

(1) The courts and tribunals listed in sub-regulation (3)(a)

to (m) shall have one registry which shall be styled "Registry of the

Civil Courts and Tribunals, Malta".

(2) The registry mentioned in sub-regulation (1) shall be

located in Valletta.

(GOZO) AND OTHER COURT EXECUTIVE OFFICERS)

(3) The Registry of the Civil Courts and Tribunals, Malta shall

be competent to receive all judicial acts, written pleadings and

other documents which in accordance with any law are to be filed

in the registry of the following courts and tribunals

(a) the Constitutional Court;

(b) the Court of Appeal, both in its superior and inferior

jurisdiction;

(c) all the Sections of the Civil Court;

(d) the Court of Magistrates (Malta);

(e) the Rent Regulation Board;

(f)

the Rural Leases Control Board;

(g) the Land Arbitration Board;

(h) the Partition of Inheritances Tribunal;

(i)

the Industrial Tribunal;

(j)

the Appeals Board established under the Controlled

Companies (Procedure for Liquidation) Act;

(k) Revising Officers

appointed

under

the

General

Elections Act;

(l)

the Small Claims Tribunal; and

(m) any other court or tribunal, the judicial acts, written

pleadings and other documents whereof shall, in terms

of any law, be filed in the Registry of the Civil Courts

and Tribunals, Malta.

(4) The Registry of the Civil Courts and Tribunals, Malta may

be divided into Sections as the Director General (Courts) may

determine and such Registry shall be competent to receive judicial

acts, written pleadings and other documents as may be established

by law.

(1) The courts and tribunals listed in sub-regulation (3)(a)

to (i) shall have one registry which shall be styled "Registry of the

Civil Courts and Tribunals, Gozo".

(2) The registry mentioned in sub-regulation (1) shall be

located in Victoria, Gozo.

(3) The Registry of the Civil Courts and Tribunals, Gozo shall

be competent to receive all judicial acts, written pleadings and

other documents which in accordance with any law are to be filed

in the registry of the following courts and tribunals

(a) the Court of Appeal, in its inferior jurisdiction;

(b) the Court of Magistrates (Gozo) in its superior and

inferior jurisdiction;

(c) the Rent Regulation Board;

(d) the Rural Leases Control Board;

(e) Revising Officers

appointed

under

the

General

Elections Act;

(f)

the Small Claims Tribunal; and

(g) any other eourt or tribunal, the judicial acts, written

pleadings and other documents whereof shall, in terms

of any law, be filed in the Registry of the Civil Courts

and Tribunals, Gozo.

(4) The Registry of the Civil Courts and Tribunals, Gozo may

be divided into Sections as the Director, Gozo Courts and Tribunals

may determine and such Registry shall be competent to receive

judicial acts, written pleadings and other documents as may be

established by law.

(1)

There shall be an electronic mechanism by means

of which the judicial acts indicated in Schedule annexed with these

regulations may be filed online in the courts mentioned in the said

Schedule annexed with these regulations.

(2)

These regulations shall apply only to those judicial acts

indicated in the electronic mechanism mentioned in sub-regulation (1).

(3)

Any advocate or legal procurator who wants to file a

judicial act, as indicated in these rules, in the civil courts by electronic

means, may do so by filing the application online through the

appropriate site and paying the fee prescribed by law.

(1)

The registrar or persons delegated by him may

receive judicial acts mentioned in these regulations filed by electronic

means.

(2)

The registrar shall issue a copy of the judicial act filed

online and the said copy issued by the registrar shall for all intents and

purposes of law be considered as the original.

(3)

Judicial acts filed by electronic means shall, for all

intents and purposes of law, be deemed as if they have been filed

directly in the registry of the same courts

Provided that when a judicial act is filed by electronic means

outside registry opening hours as established by these regulations,

such act shall be deemed to have been filed on the first following day

of the opening of the said registry.

(1) The Registry of the Civil Courts and Tribunals, Malta

shall be under the control of the Registrar, Civil Courts and

Tribunals.

(2) The Registry of the Civil Courts and Tribunals, Gozo shall

be under the control of the Registrar, Gozo Courts and Tribunals.

(3) The Registrar, Civil Courts and Tribunals and the Registrar,

Gozo Courts and Tribunals shall have the direction of, and shall be

respectively responsible for, the registries entrusted to them. They

shall execute their legal duties in terms of law and shall not, in the

(GOZO) AND OTHER COURT EXECUTIVE OFFICERS)

execution of their legal duties under the Code or under any other

law, act under the direction of any person or authority except for

the directions that may be given to them by the courts or tribunals

in terms of law.

(4) The Registrar, Civil Courts and Tribunals and the Registrar,

Gozo Courts and Tribunals shall be responsible for the archives

entrusted to them.

(5) In performing his administrative functions, the Registrar,

Civil Courts and Tribunals shall report and be responsible to the

Director General (Courts).

(1) Unless otherwise established by law, the Registrar,

Civil Courts and Tribunals and the Registrar, Gozo Courts and

Tribunals, shall execute their duties either personally or through

court executive officers.

(2)

The court executive officers are

(a) the Registrar, Civil Courts and Tribunals;

(b) the Registrar, Gozo Courts and Tribunals;

(c) the Assistant Registrars;

(d) the Deputy Registrars;

(e) Registry Clerks;

(f)

Receivers of Acts;

(g) Court Assistants;

(h) Marshals, including Chief and Senior Marshals;

(i)

Ushers, including Senior Ushers;

(j)

Court Messengers;

(k) Senior Court Recorders, including Court Recorders in

Charge;

(l)

Judicial Process Servers; and

(m) such other persons whom the Director General

(Courts) or the Director, Gozo Courts and Tribunals, as

the case may be, may designate for the purpose.

(3) For the purposes of the Commissioners of Oaths Ordinance,

the court executive officers mentioned in sub-regulation (2)(a) to

(d) (both inclusive) and (h) shall be Commissioners of Oaths.

(4) The court executive officers mentioned in sub-regulation

(2)(a) to (d) (both inclusive) and (h) and (i) shall exercise the

powers vested by article 68 of the Code.

(5) The provisions of article 59 of the Code shall apply to the

court executive officers mentioned in sub-regulation (2)(a) to (d)

(both inclusive).

(1) Without prejudice to the provisions of sub-regulation

(2 ), the regi st ries of th e courts and trib unals m enti oned in

regulations 5 and 6 shall be open for the filing of judicial acts

during the following days and during the following working hours

Between 1st October and 15th June of every year

From 9.00 a.m. to 3.00 p.m.

Between 16th June and 30th September of every year

From 8.00 a.m. to 12 noon

Provided that in case of an emergency which affects the

proper functioning of any one of the registries, the responsible

Registrar may, with the consent in writing of the Chief Justice or, if

the Chief Justice cannot easily be found, with the consent in writing

of the Senior Administrative Judge or of the Senior Magistrate,

extend the working hours of the registry for a determined period of

time by means of a notice posted in the same registry.

(2) Subject to the proviso of article 109(2) of the Code, the

registry of courts and tribunals mentioned in regulations 5 and 6

shall be closed for the filing of judicial acts on Saturdays, on public

holidays as provided in the National Holidays and other Public

Holidays Act, and on Wednesday and Thursday of Holy Week.

(1) Courts and tribunals sittings may normally be held

from Monday to Friday of every week between 8.00 a.m. and 5.00

p.m. or at such later hour as a court or tribunal may direct except on

a Saturday, Sunday or public or national holiday as provided in the

National Holidays and other Public Holidays Act.

(2) Notwithstanding the provisions of sub-regulation (1),

courts and tribunals may sit on any day and at any time for reasons

of urgency as decided by the court or tribunal on the request or with

the approval of both parties or for any other reason whatsoever as

determined by the court or tribunal provided that the said reason is

registeretl in the records of the case.

(1) There shall be one archive for all acts presented in the

Registry of the Civil Courts and Tribunals, Malta.

(2) There shall be one archive for all acts presented in the

Registry of the Civil Courts and Tribunals, Gozo.

(3) The archive established in terms of sub-regulation (1) shall

be placed in Malta whilst the archive established in terms of sub-

regulation (2) shall be placed in Gozo so however that each

Registrar mentioned in the preceding sub-regulations shall

endeavour to have as near as possible to the registry mentioned as

aforesaid a section with the more recent archives.

(4) Each archive may be divided into Sections as the Registrar,

Civil Courts and Tribunals and the Director, Gozo Courts and

Tribunals, as the case may be, may determine.

(5) Each Registrar mentioned in sub-regulation (4) may

transfer responsibility of the archives to any person who is

officially responsible for maintaining State archives in terms of the

National Archives Act.

(6)

Unless otherwise provided by law, the archives shall be

(GOZO) AND OTHER COURT EXECUTIVE OFFICERS)

organised as each Registrar mentioned in sub-regulation (4) may

direct, including, but not limited to, providing for the opening

hours thereof.

(7) The act deposited in the archives shall be accessible to the

public, provided that access to the archives of the Civil Court

(Family Section) and the Civil Court (Voluntary Jurisdiction

Section) shall, except for any judgment, decree, decision or other

document, be restricted to the parties and their advocates or legal

procurators, and to any other person who may be so authorised by

the judge or magistrate, as the case may be.

(8) The following fees shall be levied for copies of acts kept in

the archives

(a) for every non-authenticated photocopy,

for every page .......................................

€0.23

(b) for every authenticated photocopy, for

every page ............................................

€0.58

Notwithstanding the foregoing provisions of these

regulations, the Director General or any person authorised by him

under these regulations, in the exercise of his functions thereunder,

shall ensure that he does not interfere in any manner in the exercise

of judicial functions by the members of the judiciary and, should

this be the case, the Chief Justice shall, by written notice under his

hand and in terms of this regulation, overrule any such decision of

the Director General; and, in doing so, the Chief Justice may give

such directions to the Director General or to any delegate thereof

which might appear to the Chief Justice to be in the interests of the

better administration of justice in the instant case.

CIVIL PROCEDURE (REGULATION OF REGISTRIES,

ARCHIVES AND FUNCTIONS OF DIRECTOR COURTS

(GOZO) AND OTHER COURT EXECUTIVE OFFICERS)

Schedule

Added by

L.N.93 of 2018.

(Regulation 6A )

Substituted by

L.N. 408 of 2021;

L.N. 272 of 2022.

Court

Judicial Act

Amended by

L.N. 253 of 2023.

The First Hall of the Civil

(i)

Judicial letters which

Court

do

not

require

the

administration of the oath

by the person filing such act

(ii) Protests and counter-

protests which do not

require the administration

of the oath by the person

filing such act

The

Civil

Court

(i)

Sworn applications

(Commercial Section)

(ii)

Applications

that

initiate

a

contentious

procedure

(iii) Protests and counter-

protests which do not

require the administration

of the oath by the person

filing such act

The Civil Court (Family

(i)

General application

Section)

(ii)

Sworn application

(iii)

Sworn reply

(iv) Protests and counter-

protests which do not

require the administration

of the oath by the person

filing such act

The Civil Court (Voluntary

(i)

Application in terms

Jurisdiction Section)

of article 4(4) of the

Protection

of

Minors

(Registration) Act

(ii)

Application

for

requests

of

authorisation with

respect

to

vulnerable persons

and minors

(GOZO) AND OTHER COURT EXECUTIVE OFFICERS)

The Courts of Magistrates

(i)

Judicial letters which

(Malta)

do

not

require

the

administration of the oath by

The Courts of Magistrates

the person filing such act

(Gozo)

(ii)

Applications

that

initiate

a

contentious

procedure

(iii)

Protests and counter-

protests which do not require

the administration of the oath

by the person filing such act