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L.S. 369.02 Regoli dwar Appelli minn Deċiżjonijiet tal-Kumitat għall-Avukati u Prokuraturi Legali

COMMITTEE FOR ADVOCATES AND LEGAL PROCURATORS (APPEALS) [ S.L.369.02 1 SUBSIDIARY LEGISLATION 369.02 COMMITTEE FOR ADVOCATES AND LEGAL PROCURATORS (APPEALS) RULES 4th March, 1997 LEGAL NOTICE 32 of 1997, as amended by Act XIX of

  1. The title of these rules is the Committee for Advocates and Legal Procurators (Appeals) Rules. Citation.
  2. Every appeal to the Commission for the Administration of Justice from a decision of the Committee for Advocates and Legal Procurators constituted under article 3 of the Commission for the Administration of Justice Act shall be in writing. Appeal to be made in writing.
  3. The time within which the appeal is to be lodged is that of twenty days from the notice of the decision of the said Committee. Service shall be made by persons detailed for the purpose by the Chairman of the Commission. Time for lodging appeal.
  4. The appeal is to be deposited at the Office of the Commission at The Palace, Valletta, during Court Registry hours. Place of deposit.
  5. The appeal which shall contain only a recapitulation of the part of the decision which is being appealed from, and the reasons for the variation asked for. Summary of decision.
  6. The Commission shall, on the filing of an appeal, within seven days appoint a date for hearing, and such date shall not be later than one month from the said filing. Date for hearing.
  7. The hearing shall be before the Commission, but the fact that members might be absent or challenged shall not stop the hearing of the appeal provided a quorum consisting of half the number of members plus one, is present. Quorum.
  8. The procedures of the Commission when hearing appeals from decisions of the Committee for Advocates and Legal Procurators shall be held in camera, but the Advocate or Legal Procurator against whom the original complaint was made may request that procedures be heard in public. Meetings to be held in camera.
  9. During the hearing of the appeal, the person against whom the a ppeal w as m ade, the c om p lai na nt an d t he Ch am ber of Advocates or the Chamber of Legal Procurators, as the case may warrant, have the right to be present and to be represented. Other persons who may be present.
  10. The date and time fixed for the hearing shall be notified by persons detailed therefor by the Chairman of the Commission. Notice of hearing.
  11. A copy of the appeal shall be served on the person against whom the original complaint was made when the appeal is lodged by the Chamber of Advocates or the Chamber of Legal Procurators, or on the Chamber of Advocates or the Chamber of Legal Procurators when the appeal is lodged by the person against whom the original complaint was made. Service of appeal. Cap.
  12. 2 [ S.L.369.02 COMMITTEE FOR ADVOCATES AND LEGAL PROCURATORS (APPEALS) Non-appearance of appellant.
  13. If the appellant, duly notified, shall fail to appear on the date and time appointed for the hearing, and shall not justify such failure in writing within seven days, the appeal shall be deemed abandoned. Witnesses and documents.
  14. The Commission may hear on oath any person who gave evidence before the Committee for Advocates and Legal Procurators, and shall have all the relevant documentation kept by the Committee with regard to the case. Notification of decision.
  15. The Commission’s decision shall be notified on the person complained against, on the Chamber of Advocates or the Chamber of Legal Procurators according to the case, and the person who had lodged the complaint before the Committee for Advocates and Legal Procurators. Where appeal is not held in camera.
  16. When the appeal is not held in camera, the decision regarding the appeal shall be read out in public and may be published but only in the full text.
  17. These rules shall apply mutatis mutandis to appeals lodged by law firms. Appeals by law firms. Added by: XIX.2021.20.

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