MAINTENANCE ORDERS RULES OF COURT

RULES OF COURT

SUBSIDIARY LEGISLATION 48.02

MAINTENANCE ORDERS RULES OF COURT

28th October, 1927

GOVERNMENT NOTICE 422 of 1927, as amended by Acts LVIII of

1974 and XXIV of 1995.

The title of these Rules is Maintenance Orders Rules of

Court.

The Registrar of Courts to whom a copy of any order under

articles 3 and 5 of the Maintenance Orders (Facilities for

Enforcement) Ordinance, hereinafter referred to as the

"Ordinance", is transmitted shall enter it in the register on the date

on which he receives it.

The Registrar shall likewise enter in a register all orders

under article 4, and provisional orders under article 5 of the

Ordinance, sent to the President of Malta for transmission for

enforcement overseas and a note thereof shall be made in the record

of the suit in which any such order occurs.

The said registers shall be open to inspection and copies of

orders so registered shall be supplied upon payment of the proper

fees.

When an order provisionally made overseas has been

confirmed with or without modification under article 6 of the

Ordinance or the Court has decided not to confirm it, the Registrar

shall send notice thereof through the President of Malta, to the

Court which had made the provisional order.

When an order is made provisionally under article 5 of the

Ordinance against a defendant who is resident overseas, the

Registrar shall obtain from the applicant a personal description and,

if possible, a photograph of the defendant should be added to the

papers in case he disputes his identity and his present address. The

name and address of the officer of the Court overseas should also

be stated.

The Registrar shall be the proper officer of the Court by

and to whom payments are collected and paid in pursuance of the

Ordinance.

When a provisional order made under article 5 of the

Ordinance has been remitted under sub-article (4) of that article to

the Court for the purpose of taking further evidence, notice

specifying the further evidence required and the time and place

fixed for taking it shall be sent by the Registrar to the person on

whose application the provisional order was made.