CIVIL PROCEDURE (REGULATION OF REGISTRIES, ARCHIVES AND FUNCTIONS OF DIRECTOR COURTS (GOZO) AND OTHER COURT EXECUTIVE OFFICERS) [ S.L.12.21 1 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. 1. 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. 2. For the purposes of these regulations: "Code" means the Code of Organization and Civil Procedure; and Citation. Substituted by: L.N. 508 of 2021. Interpretation. Cap. 12. "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. 3.
(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 Courts of Justice Division and functions of Director General (Courts). Amended by: L.N. 46 of 2008. 2 [ S.L.12.21 CIVIL PROCEDURE (REGULATION OF REGISTRIES, ARCHIVES AND FUNCTIONS OF DIRECTOR COURTS (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. CIVIL PROCEDURE (REGULATION OF REGISTRIES, ARCHIVES AND FUNCTIONS OF DIRECTOR COURTS (GOZO) AND OTHER COURT EXECUTIVE OFFICERS) [ S.L.12.21 3
(9)All halls in the Courts of Justice Division buildings shall be numbered. 4.
(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). Gozo Courts and functions of the Director of Courts (Gozo). Amended by: L.N. 46 of 2008; L.N. 508 of 2021.
(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. 5.
(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. Registry in Malta. 4 CIVIL PROCEDURE (REGULATION OF REGISTRIES, ARCHIVES AND FUNCTIONS OF DIRECTOR COURTS (GOZO) AND OTHER COURT EXECUTIVE OFFICERS) [ S.L.12.21
(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; Cap. 383. (
- j)the Appeals Board established under the Controlled Companies (Procedure for Liquidation) Act; Cap. 354. (
- k)Revising Officers Elections Act; (
- l)appointed under the General 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. Registry in Gozo. 6.
(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 Elections Act; appointed under the General CIVIL PROCEDURE (REGULATION OF REGISTRIES, ARCHIVES AND FUNCTIONS OF DIRECTOR COURTS (GOZO) AND OTHER COURT EXECUTIVE OFFICERS) (
- f)[ S.L.12.21 5 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. 6A.
(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. Running of the online mechanism. Added by: L.N 93 of 2018.
(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. 6B.
(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. Responsibility of the Registrar and date when acts are deemed filed. Added by: L.N 93 of 2018.
(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. 7.
(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 Functions of Registrars. 6 CIVIL PROCEDURE (REGULATION OF REGISTRIES, ARCHIVES AND FUNCTIONS OF DIRECTOR COURTS (GOZO) AND OTHER COURT EXECUTIVE OFFICERS) [ S.L.12.21 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). Execution of duties of Registrar. Amended by: L.N. 46 of 2008. 8.
(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. Cap. 79.
(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). Days and working hours of the Court Registries. Amended by: L.N. 46 of 2008. 9.
(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 CIVIL PROCEDURE (REGULATION OF REGISTRIES, ARCHIVES AND FUNCTIONS OF DIRECTOR COURTS (GOZO) AND OTHER COURT EXECUTIVE OFFICERS) [ S.L.12.21 7 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. 10.
(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. Cap. 252. Sittings of courts and tribunals. Amended by: L.N. 283 of 2008. Cap. 252.
(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. 11.
(1)There shall be one archive for all acts presented in the Registry of the Civil Courts and Tribunals, Malta. Archives. Amended by: L.N. 407 of 2007.
(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 subregulation
(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 Cap. 339. 8 [ S.L.12.21 CIVIL PROCEDURE (REGULATION OF REGISTRIES, ARCHIVES AND FUNCTIONS OF DIRECTOR COURTS (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 ....................................... (
- b)for every authenticated photocopy, for every page ............................................ Supervisory role of the Chief Justice. Added by: L.N. 46 of 2008. €0.23 €0.58 12. 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) [ S.L.12.21 Schedule (Regulation 6A) Court The First Hall of the Civil Court Judicial Act (
- i)Judicial letters which do not require the administration of the oath by the person filing such act (
- ii)Protests and counterprotests which do not require the administration of the oath by the person filing such act The Civil (Commercial Section) Court (
- i)Sworn applications (
- ii)Applications that initiate a contentious procedure (iii) Protests and counterprotests which do not require the administration of the oath by the person filing such act The Civil Court (Family Section) (
- i)General application (
- ii)Sworn application (iii) Sworn reply (
- iv)Protests and counterprotests which do not require the administration of the oath by the person filing such act The Civil Court (Voluntary Jurisdiction Section) (
- i)Application in terms of article 4
(4)of the Protection of Minors (Registration) Act (
- ii)Application for requests of authorisation with respect to vulnerable persons and minors 9 Added by: L.N.93 of 2018. Substituted by: L.N. 408 of 2021; L.N. 272 of 2022. Amended by: L.N. 253 of 2023. 10 [ S.L.12.21 CIVIL PROCEDURE (REGULATION OF REGISTRIES, ARCHIVES AND FUNCTIONS OF DIRECTOR COURTS (GOZO) AND OTHER COURT EXECUTIVE OFFICERS) The Courts of Magistrates (Malta) The Courts of Magistrates (Gozo) (
- i)Judicial letters which do not require the administration of the oath by the person filing such act (
- ii)Applications that initiate a contentious procedure (iii) Protests and counterprotests which do not require the administration of the oath by the person filing such act