SERVICE OF JUDICIAL ACTS BY POST [ S.L.12.12 1 SUBSIDIARY LEGISLATION 12.12 SERVICE OF JUDICIAL ACTS BY POST RULES 1st October, 1995 LEGAL NOTICE 132 of 1995, as amended by Legal Notices 181 and 186 of
- The title of these Rules is Service of Judicial Acts by Post Rules.
- In these Rules - "Code" means the Code of Organization and Civil Procedure; Title. Intepretation. Cap.
- "court" means any court mentioned in articles 3 and 4 of the Code; "judicial act" means any act or written pleading filed in the registry of, or emanating from, any court, tribunal or board in Malta, and any act or written pleading filed in, or emanating from any court, tribunal or board outside Malta, which may, by virtue of any law or treaty, be served on any person in Malta, but shall not include the warrants and orders mentioned in Title VII of Book Second and in Title VI of Book Third of the Code; "treaty" has the same meaning as is assigned to it by article 2 of the Ratification of Treaties Act. 3.
(1)Saving the provisions of sub-rule
(2)of this rule, service of judicial acts shall, unless otherwise ordered by a court, be effected by registered post, and an application for an advice of delivery shall be made at the time of posting: Cap.
- Service by post. Amended by: L.N. 181 of 2006; L.N. 186 of
- Provided that the registrar on a request by the party filing the judicial act may, upon reasonable cause being shown, direct that service be effected by the executive officers of the courts.
(2)The provisions of this rule shall not apply to (
- a)applications of appeal; (
- b)applications made under the provisions of the Constitution of Malta and the European Convention Act; Cap. 319. (
- c)sworn applications; and (
- d)applications referred to in Part II of Book Second of the Code. 4. Copies of judicial acts to be served by post as aforesaid shall be enclosed in an envelope bearing the words "Judicial Act" in a prominent place. Acts to be enclosed in envelope. 5. Where service is to be effected by post, the executive officers of the courts shall - Duties of executive officers of the courts. (
- a)prepare the necessary postal documents for such service and present the relative envelope with the 2 [ S.L.12.12 SERVICE OF JUDICIAL ACTS BY POST pleading enclosed at the post office; (
- b)note in a register to be kept for the purpose, the particulars in the judicial act mentioned in article 174 of the Code, the date of filing in the registry and the number of the cash office of the registry marked on the judicial act, the number given by the postal authorities to the envelope in which the judicial act is enclosed for posting, and, if service has been effected, the date of such service and the date of the return of the advice of delivery; (
- c)draw up a certificate whether the service was effected or not and in which the particulars mentioned in article 188 of the Code shall also be included; and (
- d)inform the party filing a written pleading, or his advocate or legal procurator, whether service was effected or not and, if in the affirmative, when.