COURT PRACTICE AND PROCEDURE AND GOOD ORDER RULES

SUBSIDIARY LEGISLATION 12.09

COURT PRACTICE AND PROCEDURE

AND GOOD ORDER RULES

11th November, 2008;

5th January, 2009

LEGAL NOTICE 279 of 2008, as amended by Legal Notices 333 of 2008

and 238 of 2025.

(1) The title of these Rules is the Court Practice and

Procedure and Good Order Rules.

(2) These rules, other than rule 13, shall come into force on the

11th November, 2008.

(3)

Rule 13 shall come into force on the 5th January, 2009.

(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.

Part I - Court Practice and Procedure

concerning Constitutional Matters

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.

(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.

(2) The application shall also specify the redress sought by the

applicant

Provided that it shall be lawful for the court, if the

application is allowed, to give any other redress within its

jurisdiction which it may consider to be more appropriate.

(3) In cases referred to in article 95(2)(a) of the Constitution of

Malta, the application before the Constitutional Court shall state

clearly and concisely the circumstances out of which the question

arises, the demand and the provision or provisions of the

Constitution or of any other law on which the applicant relies.

(4) In cases referred to in article 95(2)(c), (d), (e) and (f) of the

Constitution of Malta, the application shall state clearly and

concisely the circumstances out of which the appeal arises, the

reasons of appeal and the prayer for the reversal or a specific

variation of the decision appealed from.

(5) Default of compliance in the application with the

requirements of sub-rules (1), (2), (3) and (4) shall not render the

application null; but the court may, in any such case, order the

applicant to file, within such time as the court shall fix, a note

containing the particulars required and the costs of such order shall

be borne by the applicant.

(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.

(3) The court by which a decision is given and which is subject

to appeal to the Constitutional Court, may, in urgent cases, upon

demand even verbal, by any of the parties immediately upon

delivery of such decision, abridge the time for making the appeal or

for the filing of a reply. If no such demand is made by any of the

parties immediately upon the delivery of the judgment, any one of

the parties may make such a demand by application, upon which,

the court which gave the decision shall, after summarily hearing

the parties if it thinks necessary, give the requisite order.

(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.

Once a case has been set down for hearing the court shall

ensure that, consistently with the due and proper administration of

justice, the hearing and disposal of the case shall be expeditious,

and the hearing of the cause shall as far as possible continue to be

heard on dates close to one another.

Saving what is provided for in these rules, the provisions

of the Code of Organization and Civil Procedure, hereinafter

referred to as "the Code", and any subsidiary legislation made

thereunder shall mutatis mutandis apply before the Civil Court,

First Hall, and the Constitutional Court referred to in rule 2.

Part II - Court Practice and Procedure

concerning Non-Urgent Causes

Notwithstanding the foregoing provisions of these rules,

the court may opt not to appoint for hearing, between the 16th of

July and the 15th of September of each year, proceedings referred

to in rule 2 when these are commenced within the said period if, in

the opinion of the court, such proceedings of their very nature need

not be dealt with any particular haste and none of the parties will

suffer any prejudice if the hearing takes place after the 15th of

September.

Part III - Court Practice and Procedure concerning Drawing up

of Lists, Hearings to be Held by Appointment, Adjournment of

Causes and Conduct of Proceedings

(1) In making the list referred to in article 194 of the Code,

the Registrar, Civil Court and Tribunals, or the Registrar, Gozo

Courts and Tribunals, as the case may be, shall act in accordance

with such instructions as may be given to him by the court, which

shall ensure that, as far as possible, causes shall be heard and

decided in the chronological order of the date of filing of the act

with which the cause was introduced in the registry of the court.

Not all causes ready for hearing shall be inserted in the list, but

only as many as the Judge or Magistrate, as the case may be,

considers he can deal with in any particular sitting

Provided that, without prejudice to anything contained in

any other law, priority shall be given in setting a cause for hearing

and in the hearing thereof to -

(i)

cases of retrial;

(ii) spoliation suits referred to in article 791 of the

Code;

(iii) cases of contempt of court;

(iv) appeals from decisions of the Civil Court

(Family Section);

(v) cases dealing with recognition and enforcement

of foreign judgments;

(vi) arbitration cases; and

(vii)

cases which of their nature require to be treated

with greater expeditiousness.

(2) Witnesses summoned for a particular sitting shall, as far as

possible, be heard at such sitting.

(3) The hearing of a cause, whether at pre-trial or trial stage, or

other procedure shall, as far as possible, be by appointment for a

given time as determined by the court or by the judicial assistant,

as the case may be.

(4) Where several causes or other procedures are to be heard

during the course of any sitting, the court or the judicial assistant

shall stagger the said causes or procedures at reasonable intervals

to ensure that the parties, and witnesses if any, are not required to

attend at the same time.

(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.

(2) The following may be deemed to be exceptional

circumstances for the purposes of the foregoing sub-rule

(a) the temporary illness of counsel;

(b) the agreement between the parties to refer the cause to

arbitration or mediation; and

(c) any other exceptional circumstances which the court

considers to be serious and sufficient.

(3) In every case the circumstances justifying the request and

concession of an adjournment shall be recorded in the acts of the

proceedings.

(1) Evidence in a cause shall be heard either directly by

the court or by means of an affidavit except in those cases where

the nature of the case requires proof by a technical referee, who

shall as far as possible assist the court when the evidence is heard

by it viva voce, and where a need arises such evidence may be

heard by the referee, also with the assistance of a legal referee or a

judicial assistant, in a sitting fixed for the purpose.

(2) Where no pre-trial hearing has taken place, the court shall

on the first sitting of a cause ensure that the disputed issues of fact

and of law in the cause are identified and recorded in the acts of the

proceedings, and that the parties shall indicate and record in the

acts of the proceedings the specific object of each witness indicated

by them according to article 561 of the Code, also to ensure, among

other things, the proper application of article 558 of the said Code.

(3)

During the first sitting of each case the court shall -

(a) either fix a date or consecutive dates for the hearing of

all the witnesses of the parties up to the adjournment

of the cause for judgment, and where it is not possible

to fix consecutive dates, to fix dates which are as near

as possible to one another, in order to reach the same

objective; or

(b) if the parties agree (to a request made by one of the

parties) that all evidence be produced by means of

affidavits (or when the court is unable to fix a date for

the hearing of evidence viva voce), the court shall

order specific periods during which each party is to

produce all its evidence by means of an affidavit, and

shall subsequently fix the date when the cross

examination of the witnesses who had made an

affidavit shall be heard, if such cross examination is

requested.

(4) The terms referred in sub-rule (3) may be extended by the

court for valid and serious reasons which shall be indicated in the

order granting the extension.

(5) Where a witness refuses to co-operate with any of the

parties and refuses to make an affidavit, such party shall file an

application as is referred to in article 173(2) of the Code, in

sufficient time so that such witness shall appear and give evidence

before the judicial assistant in accordance with the said article.

(1) The appointment of legal referees shall be restricted to

special and particular cases where a real necessity arises because

the cause requires specialized knowledge in a particular field of

law. On any such appointment the court shall indicate clearly and

precisely in the decree the reasons and justification for such an

appointment.

(2) In cases where such legal referees are appointed, evidence

shall be produced by means of a sworn statement (affidavit) or

otherwise as the court may direct and within such time as shall be

stated in the decree appointing the referees. The court may in each

case order the legal referee to report to it on such dates as indicated

by the court, so that the court shall be in a position to ascertain that

its orders have been complied with. The court shall fix a date for

the definitive filing of the report.

Part IV - Court Practice and Procedure

The Pre-Trial Procedure

(1) When a cause has been assigned to a Judge he shall, as

soon as practicable, give such orders as provided in article 173 of

the Code as may be conducive to an expeditious conclusion of the

written pleadings.

(2) The Registrar shall keep a record of when a cause has been

assigned to a Judge and of the date and time when the Deputy

Registrar assigned to the Judge shall have signed for the relevant

act or acts.

(3) Without prejudice to sub-rule (1) and to any other law

providing for special procedures, a Judge shall in any case order,

not later than fifteen days from when the Deputy Registrar shall

have signed for the relevant act or acts, that the acts by which the

proceedings are commenced be served on the defendant or

respondent, as the case may be.

(4) Before the conclusion of the written pleadings, orders in

terms of article 173 of the Code shall, as a rule, be limited to

seeking more detailed information or clarification regarding the

acts by which the proceedings are commenced.

(5) After the written pleadings have been concluded, the Judge

may give such orders as provided in article 173 of the Code as may

be conducive to the proper conduct of the pre-trial or trial hearing.

(6) Unless a cause is appointed for a trial hearing, it shall be

appointed for a pre-trial hearing. A cause shall be appointed for a

pre-trial hearing not later than two months after the conclusion of

the written pleadings

Provided that causes which are pending on the date of entry

into force of this rule and which have not been appointed for a pre-

trial hearing shall be so appointed within a period of six months

from the said date.

(7) The pre-trial hearing shall be presided by the Judge or by a

judicial assistant acting under the guidance and directives of the

Judge. Whenever possible, pre-trial hearings shall be held in the

afternoon.

(8) Unless otherwise provided by any other law, pre-trial

hearings shall be held in open court, but hearings and decrees or

orders of the Judge or judicial assistant dealing solely with the

management of the case may be held or given, as the case may be,

in camera.

(9) A list of causes set down for pre-trial hearings shall be

posted by the registrar as provided in article 194 of the Code.

(10) The purpose of the pre-trial hearing is to

(a) identify the factual and legal issues involved in the

case;

COURT PRACTICE AND PROCEDURE AND GOOD ORDER

(b) examine the possibility of an agreed settlement or

application for conciliation or mediation process

before proceeding further with the cause;

(c) establish who the interested parties are, make any

necessary corrections to their designation and establish

whether any other parties should be joined to the suit

or should intervene in the cause;

(d) establish whether any corrections need to be made to

the written pleadings and enter such corrections in the

records of the cause;

(e) determine with exactness the demand of the plaintiff

relative to the amount being claimed or the object

being sought;

(f)

examine the need or otherwise to appoint technical

referees and their precise terms of reference, and,

when so necessary, to appoint such referees;

(g) list the points of fact that the parties agree upon and

the points of fact that the parties do not agree upon and

on which the Judge or judicial assistant will require

evidence as being points of fact crucial to the

determination of the cause;

(h) list the points of law which will require argument and

determination and the time within which the advocates

of the parties may present written arguments in such

form or manner as the Judge or judicial assistant shall

direct;

(i)

identify the witnesses and documents which the Judge

or judicial assistant determine as being necessary for

determining the cause, the ruling on the admissibility

of witnesses and documents, and whether witnesses

will be heard viva voce or by affidavit and the time

within which the Judge or judicial assistant will

require each party to present such evidence;

(j)

determine any other thing or process (including the

collection of evidence) and to establish any other

procedure or time limit which in the opinion of the

Judge or judicial assistant may bring the cause to an

early determination

Provided that whenever a pre-trial hearing is presided

by a judicial assistant the provisions of article 97C of

the Code shall be observed.

(11) Subject to the provisions of any other law dealing with

mediation, conciliation or arbitration, the Judge or judicial

assistant may refer the parties -

(a) to a mediation or conciliation process if he deems fit

that the cause is susceptible to a mediated agreement

and that the parties have shown their willingness to

attempt such conciliation, or

(b) to arbitration if the parties so request.

The Judge or judicial assistant shall resume the pre-trial

hearing of the cause not later than three weeks after either party has

informed the court in writing that the conciliation or mediation

process has not succeeded, and shall resume the said hearing in any

case not later than three months from the date on which the parties

were referred to mediation or conciliation.

(12) The pre-trial hearing of a cause may be held in the course of

a number of sittings; but a cause shall not, except for special

reasons to be expressly noted in the relative minute, be adjourned

for a period exceeding three months.

(13) When the Judge or judicial assistant consider that the cause

should proceed to the trial hearing, the said cause shall be set down

for trial hearing on a specified date and at a specified time, and the

provisions of article 195(4) of the Code shall apply. When such

date and time has not been determined during a pre-trial hearing it

shall be sufficient if the notice of the trial hearing be

communicated to the advocates of the parties at least two months

prior to the date fixed for the hearing.

(14) All evidence or remaining evidence shall be produced, and

submissions shall be made, during the trial hearing, after which the

cause shall be put off for judgment, which may be delivered on the

same day of the hearing.

(15) The foregoing provisions of this rule shall not apply to the

Civil Court (Family Section), the Court of Magistrates (Malta) and

to the Court of Magistrates (Gozo) in its inferior jurisdiction.

Part V - Court Practice and Procedure

Services and Communications

The following rules in relation to 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;

(e) the communication of an act to an advocate 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) shall continue

to be effected by being left at the office of the

Chamber of Advocates: provided that were the

necessary arrangements are made for copies of such

court minutes, evidence and other judicial acts, to be

communicated by electronic mail, such documents

shall be marked as "informal" and shall be forwarded

by a member of the judiciary team to the said

advocate.

Part VI - Service of Judicial and Extrajudicial Documents

(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.

(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

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

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.

(4) Where in any civil or commercial matter pending before a

court or tribunal of a foreign country which is not bound by the

Regulation mentioned in sub-rule (1) and by the Convention

mentioned in sub-rule (2), a letter of request from such court or

tribunal for service on any person, in Malta, of any process or

citation in such matter, is transmitted to any of the superior courts,

with an intimation that it is desirable that effect should be given to

the same, the following procedure shall be adopted

(a) the letter of request for service shall, unless it is drawn

up in the English language, be accompanied by a

translation thereof in the English language, and by two

copies of the process or citation to be served, and two

copies thereof in the English language;

(b) service of the process or citation shall be effected by

one of the court executive officers of the superior

courts;

(c) such service shall be effected in accordance with the

provisions of article 187 of the Code;

(d) after service has been effected, the process server shall

return to the Registrar, Civil Courts and Tribunals, or

the Registrar, Gozo Courts and Tribunals, as the case

may be, one copy of the process together with the

evidence of service by a declaration on oath of the

person effecting the service, and particulars of charges

for the cost of effecting such service;

(e) the particulars of charges for the cost of effecting

service shall be submitted to the Registrar, Civil

Courts and Tribunals, or to the Registrar, Gozo Courts

and Tribunals, as the case may be, who shall certify

the correctness of the charges or such other amount as

shall be properly payable for the cost of effecting

service;

(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.

(5) In the execution of commissions rogatoires and letters of

request emanating from a court out of Malta, in the examination of

witnesses in regard to civil and commercial matters pending before

a court out of Malta, the forms numbered 1 and 2 set out in the

Annex A to these rules shall be used.

Part VII - Taking of Evidence Abroad

(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.

Part VIII - Recognition and Enforcement of Judgments

(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.

Part IX - Jurisdiction, Recognition and Enforcement of

Matrimonial and Parental Responsibility Judgments

(1) Notwithstanding the provisions of the Child Abduction

and Custody Act, hereinafter in this Part referred to as "the Act",

the provisions of Council Regulation (EC) No 2201/2003 of 27

November 2003 on jurisdiction and the recognition and

enforcement of judgments in matrimonial matters and the matters

of parental responsibility continue to apply to matters falling

within the scope of that Regulation as published in the Official

Journal of the European Communities on 23 December 2003 (L

174/1 to 24).

2003. (2) The Civil Court (Family Section) or the Court of

Magistrates (Gozo) (Family Section) (Superior Jurisdiction), as the

case may be, and on appeal, the Court of Appeal, shall ensure that

it complies with the provisions of Council Regulation (EC) No

2201/2003 of 27 November 2003 (and any amendments thereto

which might be applicable to Malta from time to time) and, without

prejudice to the generality of the foregoing, in the case of wrongful

removal or retention of a child from within a Member State to

which that Regulation applies, the court seized of the matter, when

applying Articles 12 and 13 of the 1980 Hague Convention

aforesaid, shall ensure that it applies the provisions of Article 11 of

the aforesaid Council Regulation.

(3) Proceedings under article 11 of the aforesaid Council

Regulation shall be instituted by application. The application shall

state the facts clearly and concisely and shall be accompanied by

such documents referred to in rule 19(3). Rules 19(4) to 19(11)

shall also mutatis mutandis apply.

(1) The provisions of this rule and of Parts I and II of the

Act incorporating into Maltese Law the Convention on the Civil

Aspects of International Child Abduction which was signed at The

Hague on the 25th October 1980 and the European Convention on

Recognition and Enforcement of Decisions concerning Custody of

Children and on the Restoration of Custody of Children which was

signed in Luxembourg on 20th May, 1981, shall continue to apply

to those state parties to the said Convention and to those European

Union Member States who are not participating and bound by the

provisions of Council Regulation (EC) No 2201/2003 aforesaid.

(2) Proceedings under article 6 of the Act, before the Civil

Court (Family Section) or the Court of Magistrates (Gozo)

(Superior Jurisdiction) (Family Section), as the case may be, may

be instituted by application.

(3) For the purposes of article 6 of the Act, the application

shall state the facts clearly and concisely and shall be accompanied

by a duly authenticated copy of the decision or determination

where available or other documentation which the central authority

may deem proper, delivered in another Contracting State other than

Malta of the Convention on the Civil Aspects of International Child

Abduction, which was signed at the Hague on the 25th October,

1980. (4)

In any application filed in the Court of Appeal, the

application shall state clearly and concisely the circumstances out

of which the appeal arises, the reasons of appeal and the prayer for

the reversal or a specific variation of the decision appealed from.

(5) Default of compliance in the application with the

requirements of sub-rules (3) and (4) shall not render the

application null; but the court may, in any such case, order the

applicant to file, within such time as the court shall fix, a note

containing the particulars required, and the costs of such order shall

be borne by the applicant.

(6) The Civil Court (Family Section) or the Court of

Magistrates (Gozo) (Superior Jurisdiction) (Family Section), as the

case may be, shall set the case for hearing within four working days

from the day when the application is filed in court.

(7) The application shall be served on the respondent without

delay.

(8) Once a case has been set down for hearing, the court seized

of the matter shall ensure that the hearing of the case shall be

expeditious, and the hearing of the case shall continue to be heard

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

to one another. The court shall subsequently give its decision

without any delay.

(9) Any application for appeal shall be made within eight

working days from the date of the delivery of the decision and the

respondent may file a written reply within eight working days from

the date of service or within such shorter period as the court may

determine.

(10) The Court of Appeal shall fix a date for hearing within

eight working days from the date of the filing of the application, or

from the filing of a reply by the respondent within the time limit

therefor, or if no such reply is filed from the expiry of such time.

(11) The Court of Appeal shall give a final decision without any

delay.

(1) An application for the registration of a custody

decision made by any authority in a Contracting State, other than

Malta, of the European Convention on Recognition and

Enforcement of Decisions concerning Custody of Children and on

the Restoration of Custody of Children signed in Luxembourg on

the 20th May, 1980, shall be made in the Registry of the Court of

Appeal and shall be accompanied by an authentic copy of the

decision.

(2) The application shall include any other relevant documents

and the names and addresses of the persons who have to be notified

about the filing of the application.

(3) The Court of Appeal may by order give directions to ensure

the disclosure of any information about any child who is the subject

of proceedings under Part II of the Act and to safeguard his or her

welfare.

(4) Upon registration of a custody decision, the Deputy

Registrar of the Court of Appeal shall notify the Director

responsible for Welfare and such other person as the court may

deem necessary of such registration and date thereof.

(5) Where any registration of a decision as provided for in

article 19(1) and (2) of the Act is cancelled or varied, the Court of

Appeal shall notify such cancellation or variation to the persons

who had been notified of the registration of the decision, the

Director responsible for Welfare and such other person as the court

may deem necessary.

Part X - References to the Court of Justice

of the European Communities

(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.

(2) The referring court shall in a single document scheduled to

the order

(a) identify the parties and summarise the nature and

history of the proceedings;

(b) summarise the salient facts, indicating whether these

are proved or admitted or assumed;

(c) make reference to the rules of national law

(substantive and procedural) relevant to the dispute;

(d) summarise the contentions of the parties so far as

relevant;

(e) explain why a ruling of the Court of Justice of the

European Communities is sought, identifying the

provisions of Community law whose effect is in issue;

(f)

formulate, without avoidable complexity,

the

question(s) to which an answer is requested.

(3) Where the document is in effect a decree, as will often be

convenient, passages which are not relevant to the reference shall

be omitted from the text scheduled to the order. Incorporation of

appendices, annexes or enclosures as part of the document shall be

avoided, unless the relevant passages lend themselves readily to

translation and are clearly identified.

(4) The referring court shall ensure that the order of reference,

when finalised, is promptly passed to the Registrar, Civil Courts

and Tribunals, or the Registrar, Gozo Courts and Tribunals, as the

case may be, so that it may be transmitted to the Court of Justice of

the European Communities without avoidable delay.

(5)

The title of the referring court shall also be clearly stated.

Part XI - Court Practice and Procedure regarding

Witnesses Not Subpoenaed

Whoever, not being served with a subpoena to give

evidence in a cause pending in the superior courts, is requested by

any of the parties to give his deposition, shall, whenever he attends

at the court, without being examined, give notice of the said request

to the deputy registrar who shall make a record thereof to be

inserted in the proceedings.

In proceedings before referees, the said notice shall be

given, at the end of the sitting, to the referee, who shall make the

record aforesaid.

In default of such notice, no fee shall be allowed by the

registrar for any attendance in regard to which that notice shall not

have been given.

Part XII - Of Wearing Apparel for Advocates and Legal

Procurators, and Members of a Disciplined Force

(1) Advocates appearing before any of the superior courts

an d be fo re th e Cou rt o f Mag ist rates (Goz o) i n it s su perio r

jurisdiction at the hearing of any cause shall wear a dark blue,

charcoal grey or black suit or pin-striped trousers and black jacket,

a white shirt with a black, grey or white tie or bow-tie and black

gown. Lady advocates appearing before the said courts shall wear

black or blue or charcoal grey suits, or a white blouse and a black

skirt or trousers, under a black gown. A Judge or Magistrate may

for good reason dispense an advocate from wearing a gown.

(2) Any advocate not complying entirely

with

these

requirements shall not have the right of audience.

(3) Advocates and lady advocates appearing before any of the

inferior courts shall comply with the provisions of sub-rule (1) but

shall be dispensed from the need to wear a gown.

(4) The provisions of sub-rule (3) shall apply, mutatis

mutandis, to legal procurators.

(5)

(a) Members of a disciplined force appearing before any

of the superior courts and before the Court of

Magistrates (Gozo) in its superior jurisdiction in the

course of the exercise of their duties or in connection

with their duties, shall wear their normal uniform. If

such uniform includes a jacket or tunic, this is also to

be worn. Commissioned and Gazetted officers shall

always wear their jacket or tunic.

(b) Members of a disciplined force appearing before any

of the Inferior Courts in the course of the exercise of

their duties or in connection with their duties, shall

also wear their normal uniform.

(c) The court may dispense a member of a disciplined

force from wearing a uniform.

Part XIII - Maintenance of Good Order in the Courts of Justice

(1) No person shall, under the penalties laid down in

article 990 of the Code -

(a) except in such areas as may be designated for the

purpose by the Director General (Courts) with the

consent of the Chief Justice, expose for sale or sell any

kind of food or other things within the precincts of the

Courts of Justice, or, except in such areas as so

designated, eat or partake of food or beverages within

such precincts; or

(b) smoke within the precincts of the Courts of Justice in

such areas to which the public have access other than

in such areas as may be designated for that purpose by

the Director General (Courts) with the consent of the

Chief Justice; or

(c) vociferate, within the precincts of the Courts of

Justice, in a manner to disturb the sittings of the court;

or

(d) keep any ringing mechanism of any mobile or cellular

phone or any other similar device switched on within

any hall where the court sits, during a sitting of the

court or tribunal; or

(e) bring within the precincts of the Courts of Justice, any

child under the age of thirteen years, except where

such child has been summoned as a witness before a

court or other tribunal sitting within the said precincts,

or where such court or tribunal is of the opinion that

the presence of the child is required in connection with

any proceedings before it, or as may otherwise be

provided by the Director General (Courts) with the

consent of the Chief Justice; or

(f)

enter within the precincts of the Courts of Justice

without complying with the security procedures in

force as established by the Director General (Courts);

or

(g) during the hearing of a case in any hall take, or attempt

to take, any photograph or film by any means

whatsoever, except when the taking of such

photograph or film has been ordered or authorised by a

court or tribunal in connection with any proceedings

before it; or

(h) take or attempt to take anywhere within the precincts

of the Courts of Justice any photograph or film by any

means whatsoever without the permission of the

Director General (Courts) and the Chief Justice; or

(i)

except as provided for by law with the permission of

the Director General and the Chief Justice take or

attempt to take any voice recording.

(2) Where any act as is mentioned in sub-rule (1) occurs during

the hearing of a case, the Judge or Magistrate, or in the case of a

collegial court, the president of that court shall summarily proceed

as provided in article 990 of the Code after hearing the person to

whom the act is attributed; and in all other cases the procedure

prescribed in article 68(3) of the said Code shall be followed.

(1) Every court executive officer may refuse entry into the

precincts of the Courts of Justice or into any courtroom to any

person who, in his opinion, is not properly dressed

Provided that where such person has been summoned to

appear before a court or tribunal the said officer shall, before

proceeding further, inform the Judge, Magistrate or member of the

tribunal before whom that person was due to appear, and shall take

instructions from the said Judge or Magistrate or member of the

tribunal as to how he should proceed.

(2) The Director General (Courts) shall, from time to time,

inform the general public as to the type of dress which is regarded

as unacceptable within the precincts of the Courts of Justice.

Part XIV - Forensic Year Sessions, Court Vacations

and Leave of Absence

(1) The forensic year shall commence on first October of

each year and the forensic year is divided into three sessions

(a) the first is called the Victory session and commences

on the first of October;

(b) the second is called the session of Epiphany and

commences on the seventh of January; and

(c) the third is called the session of Pentecost and

commences on the Thursday after Easter Sunday.

(2) In each session there shall be vacations in the superior

courts, with the exception of the Voluntary Jurisdiction Section and

the Family Section of the Civil Court.

(3)

Court vacations shall be as follows

(a) in the Victory session from the seventeenth of

December to the sixth of January inclusively;

(b) in the session of Epiphany, the vacations shall be from

Wednesday in Holy Week to the Wednesday after

Easter Sunday inclusively; and

(c) in the session of Pentecost, from the sixteenth of July

to the fifteenth of September inclusively.

(4) The vacations in the inferior courts shall be during the

month of August of each year and during the periods mentioned in

sub-rule 3(a) and (b).

(5) Notwithstanding the provisions of sub-rules (3) and (4), the

superior and inferior courts may sit on any day and at any time for

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

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

determined by the court provided that the said reason is registered

in the records of the case.

(1) Except where a Judge is away from Malta on a visit, or

to attend a seminar, conference or other similar meeting, as

approved by the Chief Justice or by the Judicial Studies

Committee, he shall apply to the Senior Administrative Judge for

leave of absence, including where necessary leave to be away from

Malta, at least three days before such leave is required. The Senior

Administrative Judge shall, before granting such leave, ensure that

adequate arrangements have been made for urgent matters, which

may arise in the court to which that Judge is assigned, to be dealt

with by another Judge and, where the Judge seeking such leave

ordinarily sits in a collegial court, the Senior Administrative Judge

shall consult with the president of that court.

(2) Without prejudice to the provisions of article 547(2) of the

Criminal Code, except where a Magistrate is away from the Islands

on a visit, or to attend a seminar, conference or other similar

meeting, as approved by the Chief Justice or by the Judicial Studies

Committee, he shall apply to the Senior Magistrate for leave of

absence, including where necessary leave to be away from Malta,

at least three days before such leave is required. The Senior

Magistrate shall, before granting such leave, ensure that adequate

arrangements have been made for urgent matters, which may arise

in the court to which that Magistrate is assigned, to be dealt with by

another Magistrate.

(3) The provisions of the foregoing sub-rules, shall, mutatis

mutandis, apply to the Senior Administrative Judge and the Senior

Magistrate, sohowever that in their case they shall apply to the

Chief Justice.

COURT PRACTICE AND PROCEDURE AND GOOD ORDER

COURT PRACTICE AND PROCEDURE AND GOOD ORDER

ANNEX A

[Rule 15(4)]

Form No. 1

Order for the Examination of Witnesses

The Court of Appeal

In the manner of a (civil or commercial) proceeding now pending before (a)

intituled as follows

Between

Applicant

and

Respondent.

Upon reading the affidavit (if any) of

filed the

day of

and the certificate of (b)

that proceedings are pending in (a)

in (c)

and

that such Court is desirous of obtaining the testimony of (d)

It is ordered that the said witness do attend before (e)

who

is hereby appointed examiner herein, at ( f )

on the day of

at

o’clock, or such other day and time as the said

examiner may appoint, and do there submit to be examined upon oath or affirmation,

touching the testimony so required as aforesaid, and do then and there produce (g)

And it is further ordered that the said examiner do take down in writing the

evidence of the said witness or witnesses, according to the rules laid down in the

Code of Organization and Civil Procedure; and do cause each and every such witness

to sign his or her deposition in his, the said examiner’s, presence; and do sign the

deposition taken in pursuance of the order, and when so completed, do transmit the

same together with this order, to the Registrar of Courts for transmission through the

official channel to the president of the said tribunal desiring the evidence of such

witness or witnesses.

Dated this day of 20

(a)

Description of foreign tribunal.

(b)

Name and description of the Ambassador, Minister, Diplomatic Agent or Consul of

the foreign country.

(c)

Name of foreign country.

(d)

Names of witnesses.

(e)

Name and address of examiner.

(f)

Place appointed for examination.

(g)

Description of documents, if any, required to be produced.

COURT PRACTICE AND PROCEDURE AND GOOD ORDER

Form No. 2

Certificate

I,

Registrar of Courts, hereby certify that the documents

annexed hereto are

(i)

the original order of the Court of Appeal dated the

day

of

made in the matter of

pending in the Court of

at

in the

of

directing the examination of certain witnesses to be taken before

; and

(ii)

the examination and the depositions taken by the

, pursuant to the said order and duly signed and completed by him on the

day

of 20

Dated this

day of

Form No. 3

Certificate of Service of Foreign Process

I, Registrar, Civil Courts and Tribunals, in Malta, hereby certify that the

documents annexed hereto are as follows

(i)

the original letter of request for service of process received from the court or

tribunal

at

in the

of

versus

and

(2)

The process received with such letter of request; and

(3)

The evidence of service upon the person named in such letter of request.

And I certify that such service so proved is such as is required by the Code of

Organization and Civil Procedure of Malta and its Dependencies. And I certify that

the cost of effecting such service amounts to the sum of €

Dated this

day of