← Malta

Chapter 12

In short

This law, called the "Code of Organization and Civil Procedure," is about organizing the courts and setting out the rules for civil legal cases. It aims to amend and combine previous laws on these topics.

What it regulates

Who it concerns

Key points

Legal text

CODE OF ORGANIZATION AND CIVIL PROCEDURE CHAPTER 12 CODE OF ORGANIZATION AND CIVIL PROCEDURE To amend and consolidate the Laws of Organization and Civil Procedure.* 1st August, 1855 ORDINANCE IV of 1854 as amended by Ordinances: V, VII and X of 1856, XII of 1857, XI of 1858, XI of 1859, IV of 1862, III of 1863, V of 1864, IV of 1865, IV of 1868, IX of 1871, VII of 1876, I, VI and VII of 1880, XV of 1885, IX of 1886, VII of 1892; the Malta (Use of the English Language in legal proceedings) Order-in-Council, 1899; Ordinances: XV of 1900, VI and VIII of 1901, II and VIII of 1903, V of 1904, IV of 1905, XV of 1913, I, II and XVII of 1914, II of 1916; Government Notices: No. 340 of 1916, No. 162 of 1917; Ordinance XII of 1918; Government Notices: Nos 136 and 137 of 1919, No. 203 of 1920; Acts: XVI of 1922, IV and XII of 1924, XIII of 1925, XI, XVI and XX of 1929; Government Notices: Nos. 78 and 475 of 1929; Act XI of 1932; Government Notice No. 105 of 1933; Ordinances: IV, XVI, XIX, XXXI and XXXIII of 1934; Government Notice No. 393 of 1934; Ordinance XXVIII of 1935; Government Notice No. 138 of 1935; Ordinances: XXI of 1936, XXXVI of 1938, III and XXIX of 1939; Government Notice No. 549 of 1939; Ordinances: II and XV of 1940; Government Notice No. 249 of 1941; Ordinances: XI and XII of 1942; Government Notice No. 653 of

  1. Incorporating also Ordinance II of 1868 as amended by Ordinance VI of
  2. The Code was subsequently amended by Government Notice No. 199 of 1944; Ordinance II of 1947: Acts: LIII and LXII of 1948: Government Notice No. 139 of 1949; Act XXIX of 1952; Government Notice No. 33 of 1953; Act II of 1954; Ordinances: IV of 1961, XXI and XXV of 1962; Act XXII of 1963; Legal Notice 4 of 1963; Acts: XIII and XV of 1964, XIX and XXXII of 1965; Legal Notice 46 of 1965; Acts: XXXI of 1966, XX of 1968; Legal Notices: 2, 7 and 9 of 1968; Acts: I and XXI of 1969, XXVII of 1970, XXIII and XXX of 1971; Legal Notice 78 of 1971; Acts: XI and XLVI of 1973, V, VII, XXXV and LVIII of 1974, X and XXIV of 1975; Legal Notices: 148 and 154 of 1975; Acts: XVIII and XXII of 1976, XI and XXVII of 1977, XII of 1978, XXVII of 1979; Legal Notices: 29 and 95 of 1979; Acts: XI, XIV and XXXI of 1980; Legal Notices: 49, 99 and 102 of 1980; Acts: VIII, XLIX and LII of 1981; Legal Notices: 56 and 96 of 1981; Act XVI of 1982; Legal Notice 42 of 1982; Acts: XIII and XV of 1983, IV and XI of 1984, XII, XIII and XX of 1985, V and XXXIX of 1986; Legal Notices: 3 of 1986, 1 of 1987, 28 of 1988, 120 of 1989; Acts: VIII of 1990, XVII of 1991; Legal Notice 116 of 1992; Acts: XXII of 1992, XXI of 1993, XI of 1994 and V of 1995; Legal Notices 91 and 190 of 1995; Act XXIV of 1995; Legal Notice 18 of 1996; Acts II and IV of 1996; Legal Notices: 121, 122, 124, 153 and 154 of 1996; 149 and 226 of 1997; Acts XI and XVIII of 1999; Legal Notices 1, 142 and 197 of 2000, and 8 and 34 of 2001; Acts: IV and VI of 2001, III, XVIII and XXXI of 2002, and XVII of 2003; Legal Notices 383 of 2003 and 248 of 2004; Acts III, IX, X, XVI and XVIII of 2004, and XIII and XXII of 2005; Legal Notices 277, 290 and 342 of 2005; Acts I, XI, XIV and XVI of 2006; Legal Notices 68 and 181 of 2006; Acts VII, VIII and XXXI of 2007; Legal Notice 407 of 2007; Acts III, XV and XVI of 2008; Legal Notice 36 of 2009; Acts I, XII, XV and XXIII of 2009; Acts V, VIII and IX of 2010; Legal Notice 447 of 2010; Act VI of 2011; Legal Notices 371 and 372 of 2011, and 79, 158, 218 and 426 of 2012; Acts II, XVII and XXIV of 2012, and III, VII and XXIV of 2014; Legal Notices 224 of 2014, and 36 and 69 of 2015; Acts XIX and XXVI of 2015, IV, XVI, XLV and LII of 2016, VIII of 2017,XV of 2017, XVII of 2017, XXIII of 2017 and Legal Notice 327 of 2017 and Acts I of 2018, XI of 2018 and XXXII of 2018 and XVI and XXXI and XXV and XXVIII of 2019 and XXI, XXVIII,XLI, LIII and LXI of
  3. and V,XIX and XXVII of 2021, XXXII of 2021,XXXVII of 2021, XLIV of 2021, LXII of 2021 and VIII of 2022 , XXIII, XXXV and XXXVII of 2023 and Legal Notices 45 of 2019, 137 of 2020 and 212 and 302 of 2023 and Acts IX and XXXIV of
  4. *This Code, enacted by Ordinance IV of 1854, was promulgated by Proclamation No. VI of the 1st of May,
  5. CODE OF ORGANIZATION AND CIVIL PROCEDURE ARRANGEMENT OF CODE Articles Short title BOOK FIRST Title I. Title II. Title III. Title IV. Title V. Of the Courts of Justice generally Of the Superior Courts Of the Inferior Courts Of the Executive Officers of the Court Of the Legal Profession 2-30 32-46 47-56A 57-73 78A-97C BOOK SECOND OF THE PROCEDURE IN THE COURTS OF JUSTICE OF CIVIL JURISDICTION General Provisions 98-124 PART I OF THE ORDINARY MODE OF PROCEDURE IN CONTENTIOUS MATTERS Title I. Title II. Title III. Title IV. Title V. Title VI. Title VII. Sub-title I. Sub-title I. Sub-title II. Sub-title III. Sub-title IV. Sub-title V. Sub-title VI. Sub-title V. Sub-title V bis General Provision Of the Mode of Procedure by Application for Appeal Of the Mode of Procedure by Sworn Application Of the Ordinary Mode of Procedure in Contentious Matters as applied to the respective Courts Provisions applicable to Written Pleadings and other Acts of Procedure Of the Trial of Causes Of Decrees, Judgments and Appeals Of the Enforcement of Judgments and other Executive Titles General Provisions Of the Warrant of Seizure of Movable Property Of the Warrant of Seizure of Immovable Property Of the Warrant of Seizure of a Commercial Going Concern Of Judicial Sales by Auction Of Court Approved Sales for Ships, Vessels and Aircraft Of the Executive Garnishee Order Of the Warrant of Ejectment or Expulsion from Immovable Property Of The Warrant Of Ejectment Or Expulsion From Seagoing Vessels or Aircraft 142-153 154-160 161-173 174-193 193A-215 216-251 252-395 252-281 282-304A 305-311 312-312K 313-357 358-364 375-383 384A CODE OF ORGANIZATION AND CIVIL PROCEDURE Sub-title VIII. Sub-title X. Sub-title XI. Sub-title XII. Sub-title VII. Title VIII. Sub-title I. Sub-title II. Sub-title III. Sub-title IV. Sub-title V. Sub-title VI. Sub-title VII. Of the Warrant In Factum Of the Executive Warrant of Arrest of Sea Vessels Of the Executive Warrant of Arrest of Aircraft Of the Warrant In Procinctu Of the Rendering of Accounts and Liquidation of Fruits Of Certain Special Proceedings Of Reconvention Of Jactitation Suits Of Competing Claims Of Uncertain or Unknown Heirs Of Disentail Of Causes of the Government Judicial Review of Administrative Action Articles 385-388 388C-388D 388E-388F 388G 389-395 396-469A 396-402 403-415 416-435 436-447 448-459 460-469 469A PART II OF THE MODE OF PROCEDURE BEFORE THE COURT OF VOLUNTARY JURISDICTION Title I. Title II. Title III. Title III A. Title IV. Title V. Title VI. Title VII. Title VIII. Title IX. General Provisions Of Disentail by Decree of Court of Voluntary Jurisdiction Of the Disencumberment of Immovable Property by the Procedure of Edicts O f t h e A p p o i n t m e n t o f Tu t o r s , C u r a t o r s a n d o t h e r Administrators Of Guardianship Of Interdiction and Incapacitation Of the Presentation and Publication of Secret Wills Of the Declaration of the Opening of a Succession Of the Inventory Of the Execution of Acts in pursuance of Decrees of the Court of Voluntary Jurisdiction Of the Taxation of Certain Fees 470-489 490-498 499-511 512-519 519A-519N 520-527 528-535A 536-540 541-549 550-555 556-557 BOOK THIRD OF CERTAIN MATTERS RELATING TO JUDICIAL PROCEDURE Title I. Sub-title I. Sub-title II. Sub-title III. Sub-title IV. Of Evidence Of Witnesses Of Documentary Evidence Of the Demand for the Production of Documents Of Referees 558-727 563-.626 627-636 637-643 644-682 Sub-title V. Sub-title VI. Title II. Sub-title I. Sub-title II. Sub-title III. Sub-title IV. Sub-title V. Sub-title VI. Sub-title VII. Sub-title VIII. Sub-title IX. Title III. Title IV. Title V. Title VI. Sub-title I. Sub-title II. Sub-title III. Sub-title IV. Sub-title V. Sub-title IV A. Sub-title V. Title VII. Title VIII. Title IX. Title X. Title X A. Title X B. Title XI. Title XII. Title XIV. Title XV. Title XVI. Title XVII. Title XVIII. Title XIX. CODE OF ORGANIZATION AND CIVIL PROCEDURE Of Inspection In Faciem Loci Of the Proof by Admission or by Reference to the Oath of the other Party Of Pleas Of Pleas Generally O f t h e Ch a l l e n g e of J u d g e s a n d M a g i s t r a t e s a n d o f Surrogation Of Pleas to the Jurisdiction Of the Plea as to the Capacity of the Plaintiff or Defendant Of the Plea of Nullity of Judicial Acts Of Pleas in Spoliation Suits Of the Plea of Lis Alibi Pendens or of Connection of Actions Of the Plea as to Beneficium Excussionis Of the Plea of Falsification Of the Change of Parties by Death, etc. Of New Trial O f t h e E n f o r c e m e n t o f J u d g m e n t s o f Tr i b u n a l s o f Countries outside Malta Of Precautionary Acts General Provisions Of the Warrant of Description Of the Warrant of Seizure Of the Warrant of Seizure of a Commercial Going Concern Of the Garnishee Order Of the Warrant of Arrest of Sea Vessels Of the Warrant of Arrest of Aircraft Of the Warrant of Prohibitory Injunction Of the Protest and Judicial Letter Of Security Of Discontinuance Of the Admission to Sue or Defend with the Benefit of Legal Aid Of Legal Aid (Cross-Border Disputes) Of Leg al Aid I n Cr oss-b or der Disp utes Rel atin g To Maintenance Obligations Of Curators Of Deposits Of the Intervention and Joinder of Parties Of the Desertion of Causes Of Arbitration Of the Respect due to the Court Of Judicial Costs Of Forms Repealing Provision Articles 683-692 693-727 728-805 728-732 733-740 741-777 780-788 789-790 792-794 795-801 802-805 806-810A 811-825 825A-828 829-877 829-838B 839-845 846-848 848A-848B 849-854 855-865 865A-865K 873-877 889-892 893-905 906-910 911-926 928A-928H 928I-928K 929-942 943-951 960-962 963-967 968-969 988-1003A 1004-1006 1007-1008 1009-1009B CODE OF ORGANIZATION AND CIVIL PROCEDURE SCHEDULES Schedule A. Schedule B. Schedule C. Tariffs referred to in the Code of Organization and Civil Procedure. Forms. Title. CODE OF ORGANIZATION AND CIVIL PROCEDURE
  6. The title of this Code is Code of Organization and Civil Procedure. BOOK FIRST Title 1 O F THE COURTS OF J USTICE G ENERALLY Civil courts of justice. Amended by: XXII.1976.4; XXXI.2002.
  7. 2.

(1)The courts of justice of civil jurisdiction for Malta are either superior or inferior. Each court may be divided into different sections.
(2)Unless otherwise established by law, the President of Malta may by Order establish the sections of each Court, and designate the categories of cases assigned to each section; and may by subsequent Order amend, revoke or substitute such Order.
(3)Saving any other provision of law, the courts of justice of civil jurisdiction are exclusively vested with the judicial authority in civil matters within the jurisdiction of the tribunals of Malta. Superior courts. Amended by: XIII.1964.2. Substituted by: L.N. 148 of 1975; XXIV.1995.2. 3. Inferior courts. Amended by: XV.1913.1; VIII.1990.3. 4. The superior courts are: (
  1. a)the Civil Court; (
  2. b)the Court of Appeal; and (
  3. c)the Constitutional Court. The inferior courts are: (
  4. a)the Court of Magistrates (Malta) for the Island of Malta; (
  5. b)the Court of Magistrates (Gozo) for the Islands of Gozo and Comino. Jurisdiction of superior and inferior courts. Amended by: IX.1886.1. 5.
(1)Save as otherwise provided by law, the jurisdiction of the superior courts is general for Malta. Extension of applicability to exclusive economic zone area or environment protection area. Added by: XXXV.2023.5. 5A. The provisions of this Code and of any subsidiary legislation made thereunder shall also apply, in accordance with the provisions of the 1982 United Nations Convention on the Law of the Sea as ratified by the Law of the Sea (Ratification) Act, to an exclusive economic zone area or an environment protection area as defined in the Exclusive Economic Zone Act. Any artificial island, installation, structure, equipment or device therein shall, solely for the purposes of this Code and any subsidiary legislation made thereunder, be treated as if they were situated in Malta itself.
(2)The jurisdiction of the inferior courts is limited to particular places. CODE OF ORGANIZATION AND CIVIL PROCEDURE 6.
(1)The Chief Justice and President of the Court of Appeal and all other judges shall sit in the superior courts as by law provided.
(2)Besides the Chief Justice, the judges of the Superior Courts shall be thirteen or such greater number as the President of Malta may by Order prescribe. 7.
(1)The magistrates shall sit in the inferior courts.
(2)The Chief Justice may designate one of the magistrates as Senior Magistrate; such designation shall be for a specified time or until another magistrate is so designated.
(3)Without prejudice to the provisions of this Code or of any other law prescribing the court or courts in which a magistrate shall sit, the Senior Magistrate shall perform such duties and functions as may be assigned by the Chief Justice or as may be provided by any law for the time being in force. Constitution of superior courts. Amended by: IX.1886.2; IV.1905.2; XV.1913.2; XVII.1914.1; XXXI.1934.2; XXVIII.1935.2. Substituted by: XIII.1964.3; L.N. 148 of 1975. Amended by: XXII.1992.2. Constitution of inferior courts. Amended by: IX.1886.3. Substituted by: XIII.1964.4. Amended by: VII.2007.2. 8.
(1)Saving the cases expressly provided for in this Code, the judges shall not, except in open court, either directly or indirectly, hold any communication with any suitor in any of the courts, or with any advocate, legal procurator, or other person on behalf of such suitor, in regard to any suit which is pending at the time, or is about to be commenced or prosecuted. Nor shall they, without the permission of the President of Malta, first had and obtained on an application to that effect, act as advocates or in any case give counsel or advice in regard to any suit which they know to be already commenced, or which they foresee as likely to commence. Judges may not communicate with suitors, etc. Amended by: L.N. 46 of 1965; LVIII.1974.68; L.N. 148 of 1975; XXXI.2002.4.
(2)The provisions contained in this article shall not apply in the case of lawsuits concerning any of the parties mentioned in article 734(a), (b), (c) and (e). Exceptions.
(3)Nothing in the preceding sub-article shall be deemed to preclude a judge or magistrate from communicating with the advocate or legal procurator of a party in connection with any matter concerning the management of a cause pending before the judge or magistrate: Provided that a magistrate shall not be debarred from holding any communication for the purposes of any inquiry into any criminal matter when such magistrate is holding an inquiry under Title II of Part I of Book Second of the Criminal Code.
  1. Moreover, it shall not be lawful for any of the judges to act as an arbitrator, or to accept any tutorship or other administration except activities within the Judicial Studies Committee or such as may be assigned to him by law. Judges may not act as arbitrators etc. Amended by: L.N.148 of 1975; VII.2007.
  2. Oaths of allegiance and of office to be taken by judges. Amended by: XIII.1964.5; L.N. 46 of 1965; LVIII.1974.68; L.N. 148 of 1975; XII.1978.2; XXIV.1995.3; XXXI.2002.
  3. CODE OF ORGANIZATION AND CIVIL PROCEDURE 10.
(1)The judges shall, before entering on the execution of their office, take, before the President of Malta, the oath of allegiance set out in the Constitution of Malta and the following oath: Form of oath of office. Oath of Office I........... do swear that I will faithfully perform the duties of Judge without favour or partiality, according to justice and right, and in accordance with the laws and customs of Malta, to the honour of God and the Republic of Malta, and that I will not hold, either directly or indirectly, any communication with any suitor in any of the Courts, whether superior or inferior, his Advocates or Legal Procurators, or with any other person on behalf of such suitor, in regard to any suit pending or about to be commenced or prosecuted in any of the said Courts, except in open court, saving the cases expressly provided for by law; and that I will disclose in open court, and make known to the President of Malta any such communication as may be made to me. And I do further swear that I will not act, either directly or indirectly, as an Advocate, or arbitrator, nor give in any case counsel or advice to any person in regard to any suit already commenced or to be commenced in any of the said Courts, saving the cases excepted by law, without the permission of the President of Malta first had and obtained upon an application to that effect. So help me God.
(2)Where any communication as is referred to in the form of oath contained in sub-article
(1)consists in an anonymous letter or in a letter the writer whereof cannot be readily identified, or where any such communication contains insulting or offensive expressions, the judge who received the communication need not read out the communication in open court but may instead disclose in open court the fact of such receipt and shall in any case make the content thereof known to the President of Malta. Distribution of duties of judges. Amended by: I.1914.1; XII.1918.2; XII.1964.6; L.N. 46 of 1965; XXIII.1971.2; LVIII.1974.68; L.N. 148 of 1975; XXII.1992.3; XXXI.2002.6. Substituted by: VII.2007.4. 11.
(1)The President of Malta shall assign to each of the judges his duties by assigning to him the court or the chamber of the court or section in which he is to sit ordinarily, and may transfer a judge from one court or chamber or section of a court to another: Provided that a judge may be assigned to sit ordinarily in more than one court or more than one chamber or section of one or more courts.
(2)The President of Malta is also empowered to surrogate a judge in case of a vacancy in the number of judges.
(3)Where more than one judge is assigned to sit ordinarily in a court, or in a chamber or section of a court, the distribution of CODE OF ORGANIZATION AND CIVIL PROCEDURE duties in general between the said judges shall be made by the Chief Justice, and the registrar shall assign cases and other judicial acts to the judges as directed by the Chief Justice: Provided that, except where cases or judicial acts are assigned according to general directives or according to rules made pursuant to sub-article
(6), where the Chief Justice may be challenged or may abstain from taking cognizance of a case for any of the reasons mentioned in article 734
(1)(a), (b), (c), (d)(
  1. ii)and (iii), (
  2. e)and (g), the assignement of such a case shall be made by the Senior Administrative Judge referred to in sub-article
(11).
(4)Whenever any judge, other than the Chief Justice, is challenged or otherwise lawfully impeded, the Chief Justice shall assign another judge to take cognizance of the case: Provided that, except where cases or judicial acts are assigned according to general directives or according to rules made pursuant to sub-article
(6), where the Chief Justice may be challenged or may abstain from taking cognizance of a case for any of the reasons mentioned in article 734
(1)(a), (b), (c), (d)(
  1. ii)and (iii), (
  2. e)and (g), the assignement of a judge to take cognizance of that case shall be made by the Senior Administrative Judge referred to in sub-article
(11).
(5)Without prejudice to the provisions of article 12
(2), and except where cases and judicial acts are assigned according to general directives or according to rules made pursuant to subarticle
(6), where the Chief Justice is challenged or otherwise lawfully impeded, the Senior Administrative Judge referred to in sub-article
(11)shall assign another judge to take cognizance of the case.
(6)The Rule-Making Board established under article 29 may make rules providing for the manner of the distribution of cases and other judicial acts for the purposes of sub-articles
(3),
(4)and
(5).
(7)Any assignement, transfer or subrogation made by the President of Malta, and any distribution of duties in general, and the assignment of cases pursuant to a challenge or abstention made b y t h e C h i e f J u s t i c e o r, a s t h e c a s e m a y b e , b y t h e S e n i o r Administrative Judge referred to in sub-article
(11), shall be deemed to have been properly and sufficiently notified for all purposes if notice thereof is posted in such registry as the Minister may under article 27 prescribe for the purpose before or at the beginning of the period during which such assignment, transfer, subrogation or distribution is to take effect.
(8)The registrar shall keep a record of all notices posted up in terms of the last preceding sub-article and of the date of such posting.
(9)Where any dispute arises as to whether a case or other judicial act is to be assigned to one judge or to another judge sitting in the same court or in the same chamber or section of a court, or when a dispute arises as to which chamber or section of a court is to deal with a particular case or a particular judicial act, the matter shall be referred to the Chief Justice who shall, in camera, CODE OF ORGANIZATION AND CIVIL PROCEDURE determine the judge or chamber or section to which the case or judicial act shall be assigned. The determination by the Chief Justice shall be registered in the records of the case and shall be final: Provided that where the Chief Justice may be challenged or may abstain from taking cognizance of that case or judicial act for any of the reasons mentioned in article 734
(1)(a), (b), (c), (d)(
  1. ii)and (iii), (
  2. e)and (g), the determination shall be made by the Senior Administrative Judge referred to in sub-article
(11).
(10)When more than one judge is assigned to sit in a chamber or section of a court not being an appellate court, the Chief Justice may designate one of the judges as President of that chamber or section; such designation shall be for a specified time or until another judge is so designated. The Judge so designated shall perform such duties and functions as may be assigned by the Chief Justice or as may be provided by any law for the time being in force.
(11)For the purposes of this article, and in order to perform the duties listed in this article, the Chief Justice shall nominate a Senior Administrative Judge. Applicability of certain provisions to President of Court of Appeal. Amended by: I.1914.2; XXXI.1934.3; XIII.1964.7; XXXI.2002.7; VII.2007.5. 12.
(1)The provisions of articles 8, 9, 10 and 11
(1)shall, mutatis mutandis, also apply to the President of the Court of Appeal.
(2)Whenever the President of the Court of Appeal is, in the cases provided for by law, challenged or otherwise lawfully impeded, the senior of the judges constituting the Court of Appeal shall be the President of that court. Appointment of supplementary judges. Amended by: XII.1918.3; XXXI.1934.
  1. Substituted by: XIII.1964.
  2. Amended by: LVIII.1974.
  4. Repealed by XXXI.2002.
  5. Oaths to be taken by supplementary judges. Amended by: XV.1913.3; XII.1918.4; XIII.1964.9; L.N. 46 of 1965; LVIII.1974.
  7. Repealed by XXXI.2002.
  8. Applicability of certain provisions to magistrates. Amended by: XV.1913.5; IV.1924.3; VIII.1990.3; XXIV.1995.
  9. Substituted by: XXXI.2002.9; VII.2007.
  11. The provisions of articles 8, 9, 10 and 11 shall, mutatis mutandis, apply to magistrates; and the references to the Senior Administrative Judge in sub-articles
(3),
(4),
(7)and
(9)of article 11 shall be construed as references to the Senior Magistrate referred to in article 7
(2). CODE OF ORGANIZATION AND CIVIL PROCEDURE
  1. It shall not be lawful for any judge or magistrate to carry out any other profession, business or trade, or to hold any other office of profit whatsoever, even though of a temporary nature, with the exception of any judicial office on any international Court or tribunal or any international adjudicating body, the office of examiner at the University of Malta. Judges and magistrates may not hold other offices of profit. Exceptions. Amended by: IV.1868.1; XV.1913.5; IV.1924.
  2. Substituted by: XXIV.1995.
  3. Amended by: XXXI.2002.
  5. Repealed by XXXI.2002.
  6. Oaths to be taken by magistrates. Amended by: XV.1913.5; IV.1924.5; L.N. 46 of 1965; LVIII.1974.68; L.N.148 of 1975; XII.1978.
  8. Repealed by XXXI.2002.
  9. Surrogation of magistrates. Amended by: XV.1913.6; XXXI.1934.5; L.N. 46 of 1965; LVIII.1974.68; XXIV.1995.
  11. Repealed by XXXI.2002.
  12. Power of President of Malta to make regulations respecting the distribution of duties of magistrates in Malta or Gozo. Added by: IX.1886.
  13. Amended by: XV.1913.6; L.N. 46 of 1965; LVIII.1974.68; VIII.1990.3; XXIV.1995.
  15. Repealed by XXXI.2002.
  16. Supplementary magistrates for Gozo. Amended by: XV.1913.6; XIII.1964.11; L.N. 46 of 1965; LVIII.1974.68; VIII.1990.3; XXIV.1995.
  17. Language of the courts. Amended by: Order-in-Council of 1899, s.11; II.1914.1; Letters Patent, 1921, s.57
(3); XVI.1929.5,6; XI.1932.1,2; XXXI.1934.6; XXI.1936.
  1. Substituted by: XXXII.1965.
  2. Amended by: XXIV.1995.
  3. Causes to be tried in public. Exceptions. Amended by: IV.1862.
  4. CODE OF ORGANIZATION AND CIVIL PROCEDURE 21.
(1)The Maltese language shall be the language of the courts and, subject to the provisions of the Judicial Proceedings (Use of English Language) Act, all the proceedings shall be conducted in that language.
(2)Where any party does not understand the language in which the oral proceedings are conducted, such proceedings shall be interpreted to him either by the court or by a sworn interpreter.
(3)Any evidence submitted by affidavit shall be drawn up in the language normally used by the person taking such affidavit. The affidavit, when not in Maltese is to be filed together with a translation in Maltese, which translation is furthermore to be confirmed on oath by the translator. 22.
(1)Causes shall be tried in public: Provided that it shall be lawful for the court to order that the cause be heard with closed doors, should decency or good morals so require.
(2)It shall also be lawful for the court, in any other case, at the request of both parties, upon good reason being shown, to order that the cause be heard with closed doors. Order of court to be recorded.
(3)In any of the said cases, the order of the court shall be recorded. Judgments to be delivered in public. Substituted by: XXIV.1995.
  2. The judgment shall in all cases be delivered in public. The court delivering the judgment shall read out the operative part which is to be included in the concluding part of the judgment. The operative part of the judgment shall include a reference to the claims or pleas which have been decided upon and every declaration intended to be conclusive or binding. Immediately upon delivery the judge or magistrate shall deposit a signed transcript of the judgment in the records of the case. Each court to deal with matters pending before it.
  3. Any order in regard to any matter pending before the courts shall be given by the court to which such matter appertains, and any application for any such order shall be m ade to such cou rt exclusively. Suitors, etc., not to have private communication with judges or magistrates. Amended by: XI.1859.1; XXXI.1934.7; L.N. 148 of
  5. Saving the proviso to article 15, suitors as well as advocates, legal procurators and all other persons acting in the name and on behalf of such suitors, are, under the penalties laid down in article 997, forbidden to make any private application to the judges or to the magistrates in regard to matters pending or to be brought before any of the courts of justice. Mode of applying to court for any order.
  6. Any suitor, advocate or legal procurator, desiring to apply to the court for any order, may do so either when the court is sitting or at any other time; but, in the latter case, the application must be made through the registrar. CODE OF ORGANIZATION AND CIVIL PROCEDURE 27.
(1)There shall be such number of registries as the Minister responsible for justice may prescribe by regulations. Such regulations may also establish the place of such registries, the acts that each registry is competent to receive and all other matters necessary for the proper functioning thereof.
(2)Any provision in this Code or in another law or regulation which makes reference to a registry or to a section of a court shall be construed as a reference to the registry of the specific court or section established for the purpose under sub-article
(1). Registry of superior courts. Amended by: VI.1880.2; L.N 46 of 1965; X.1975.2; XXI V.1995.11. Substituted by: XXXI.2002.12.
(3)The Minister responsible for justice shall designate a public officer to be responsible for each registry that is established under sub-article
(1)and, in making any such designation, the Minister responsible for justice may also determine the functions to be performed by such person and all matters ancillary thereto.
  1. There shall be such archives wherein there shall be deposited all the acts of the courts which are to be deposited in terms of article
  2. The Minister responsible for justice may prescribe the number of archives to be set up, the acts which shall be deposited in each archive, their location, the manner in which records are to be kept and any other matter relating or ancillary thereto. Court archives. Amended by: VI.1880.3; XI.1942.2; L.N. 4 of 1963; XXXI.1966.
  3. Sostitwit: XXXI.2002.
  4. 29.
(1)There shall be a Board composed of the Chief Justice, as chairman, who shall also have a casting vote, a judge ordinarily sitting in the Court of Appeal and a magistrate appointed by the President of Malta on the recommendation of the Chief Justice, the Attorney General, the State Advocate, the President of the Chamber of Advocates and the President of the Chamber of Legal Procurators whose function shall be to make rules, to be called Rules of Court, for the purposes specified in sub-article
(2)or in any other provision of this Code or of any other law. Rule-Making Board. Amended by: XV.1913.7; XXXI.1934.8; XXI.1936.3; XIII.1964.12; XIX.1965.2; XXXII.1965.8; L.N. 46 of 1965; XXX.1971.3; LVIII.1974.68; L.N. 148 of 1975; LII.1981.2; XXII.1992.4. Substituted by: XXIV.1995.12. Amended by: XXXI.2002.14; VII.2007.7; XXXVII.2023.2.
(2)Rules of Court may be made generally in respect of all matters concerning the conduct of the courts and the conduct of c a u s e s w i t h t h e o b j e c t o f e n s u r i n g a p r o p e r a n d e ff i c i e n t administration of justice and, in particular, but without prejudice to the generality of the aforesaid (
  1. a)for governing the conduct of the courts and for securing and maintaining order and decorum within the building of the courts; (
  2. b)for fixing the days, hours, duration and number of the sittings of the courts, determining the manner of distribution of the causes among judges and the magistrates appointed to sit in a particular court or chamber thereof, and for making other provision in respect of any matter aforesaid as the Board may deem appropriate; (
  3. c)for regulating leave of absence, for any reason, by judges, or magistrates, including a requirement of authorisation or sanctioning of such leave by the competent authorities; (
  4. d)for establishing any forms not provided for in this Code; CODE OF ORGANIZATION AND CIVIL PROCEDURE (
  5. e)for carrying into effect the provisions of the Judicial Proceedings (Use of English Language) Act, as regards the language to be used in the proceedings; (
  6. f)for making provision with respect to judicial acts and matters of or incidental to practice and procedure not provided for in this Code or in any other law; (
  7. g)for establishing case management procedures; (
  8. h)for fixing the sessions of the forensic year and the vacation days in the superior and inferior courts, and matters ancillary or incidental to such sessions and vacation days: Provided that nothing contained in such rules shall be inconsistent with or repugnant to the provisions of this Code or any other law: Provided further that the Minister responsible for justice may, in the absence of the Rules of Court made in accordance with the provisions of this sub-article, make regulations on any matter referred to in this sub-article.
(3)The Board may act notwithstanding any vacancy in its membership but shall not act unless at least the Chief Justice and another two members are present.
(4)Rules made under this article shall be subject to the approval of the President of Malta, and shall come into force on or after the day of their publication in the Gazette, as may be specified therein.
(5)The Minister responsible for justice may by regulations confer on the Board additional powers and functions for the amelioration of the administration of justice.
(6)The Chief Justice may from time to time convene meetings of judges and magistrates, either separately or collectively, and shall regularly consult with the same, individually or collectively, regarding matters concerning the conduct and trial of causes, the application and conduct of court procedures and proceedings, the implementation of administrative procedures connected with the trial of causes and the conduct of proceedings, the relationship between the judiciary and the Commission for the Administration of Justice, the making of rules of court and such other matters as the Chief Justice may deem appropriate to discuss.
(7)Subject to the foregoing provisions of this article and to any r u l e s o r r e g u l a t i o n s m a d e t h e r e u n d e r, t h e j u d g e s a n d t h e magistrates shall have power to regulate the conduct of proceedings and of the trial of the causes before the respective courts over which they preside, and to give directives for the maintenance of order at the sittings of the court, according to law.
(8)Without prejudice to the provisions of sub-article
(7), the Chief Justice may, in his discretion, transfer any case from one court to another: Provided that in the execution of this function the Chief CODE OF ORGANIZATION AND CIVIL PROCEDURE Justice shall discuss the matter with the judges or magistrates concerned, either during any of the meetings convened in accordance with sub-article
(6)or during an ad hoc meeting held for the purpose.
  1. Advocates and legal procurators, when they appear before the superior or inferior courts, shall be deemed to be officers of the court. Advocates and legal procurators when appearing in court to be deemed officers of court. Title II O F THE S UPERIOR COURTS
  2. Repealed by XXXI.2002.
  3. 32.
(1)One Judge shall sit in each section of the Civil Court.
(2)The Civil Court shall take cognisance of all causes of a civil and commercial nature, and of all causes which are expressly assigned by law to the said Civil Court. Civil Court. Division of same. Civil Court. Amended by: XI.1859.2; L.N.148 of
  1. Substituted by: XXIV.1995.13; XXXI.2002.
  3. The exercise of voluntary jurisdiction in matters of a civil nature shall be assigned to the Civil Court. Voluntary jurisdiction. Amended by: L.N. 148 of
  4. Substituted by: XXXI.2002.
  6. Save where otherwise provided by this Code or any other law, judgments of the Civil Court, First Hall, are subject to appeal to the Court of Appeal: Appeal from judgements of Civil Court, First Hall. Amended by: XV.1913.8; XXIV.1995.14; IX.2004.3; L.N. 181 of
  7. Provided that in cases where a cause commenced by a sworn application, and where no explicit decision has been requested and given as to the interpretation of the Constitution in terms of article 95
(2)(d) of the said Constitution, is decided by the First Hall of the Civil Court by a judgement wherein points of law about fundamental human rights or references to the Constitution are discussed and decided as part of the merits of the cause, the Court of Appeal shall still be deemed to be competent and to have jurisdiction to decide an appeal from such judgement of the First Hall of the Civil Court. 35. No appeal shall lie from any decree of the Court of voluntary jurisdiction; but it shall be lawful for any party, who deems himself aggrieved, to bring an action before the Civil Court, First Hall, for the necessary order. 36.
(1)* The Civil Court, First Hall and the Civil Court (Family Section) shall be competent to hear cases in Malta and Gozo.
(2)† The Civil Court, First Hall and the Civil Court (Family Section) shall hold sittings both in Malta and in Gozo.
(3)‡ When the Civil Court, First Hall and the Civil Court Mode of impugning decrees of Court of voluntary jurisdiction. Amended by: IX.2004.
  1. Competence of the Civil Court. Added by: 1.2018.
  2. Amended by: XVI.2019.3; V.2021.
  3. CODE OF ORGANIZATION AND CIVIL PROCEDURE (Family Section) hold sittings in Malta, they shall take cognizance of all claims against persons residing or having their ordinary abode in the Island of Malta, and of all other causes expressly assigned by law to such sections of the Civil Court.
(4)* When the Civil Court, First Hall and the Civil Court (Family Section) hold sittings in Gozo, they shall take cognizance of all claims against persons residing or having their ordinary abode in the Islands of Gozo and Comino, and of all other causes expressly assigned by law to such sections of the Civil Court.
(5)† The rules set out in this Code concerning the privilegium fori and the exceptions thereto shall apply also between the Civil Court, First Hall and the Civil Court (Family Section) when sitting in the island of Malta and when sitting in the island of Gozo.
(6)‡ Causes which are not included in the causes which may be heard by the Civil Court, First Hall and the Civil Court (Family Section) when holding sittings in the island of Gozo shall be heard by the said Courts sitting in Malta.
(7)The Civil Court (Commercial Section) shall take cognizance of all claims against persons, whether natural or legal, residing or having their ordinary abode or registered office in the Islands of Malta and the Islands of Gozo and Comino and of all other causes, expressly assigned by law to such section of the Civil Court: Provided that where the Civil Court (Commercial Section) is to hear causes concerning claims against persons, whether natural or legal, residing or having their ordinary abode or registered office in the Islands of Gozo and Comino, it shall hold its sittings in the building of the Courts of Gozo: Provided further that the provisions of Sub-title IV of Title I of Book Third of this Code, sub-titled "Of Referees" shall, mutatis mutandis, apply to matters relating to the Competition Act and any regulations made thereunder and the Consumer Affairs Act and any regulations made thereunder. (7A) The Civil Court (Asset Recovery Section) shall take cognisance of all claims against persons whether natural or legal residing or having their ordinary abode or registered office or owning assets or property of any kind in the Island of Malta and in the Islands of Gozo and Comino and of actions in rem, for the recovery of proceeds of crime by the State or by an entity of the State or for the non-conviction based confiscation of assets and property of any kind as may be provided in any law from time to time in force and of all other causes expressly assigned by law to such section of the Civil Court: *Not yet in force. See Legal Notice 164 of 2018. †Not yet in force. ‡Not yet in force. *Not yet in force. †Not yet in force. ‡Not yet in force. CODE OF ORGANIZATION AND CIVIL PROCEDURE Provided that when the Civil Court (Asset Recovery Section) shall take cognisance of claims against persons, whether natural or legal, residing or having their ordinary abode in the Islands of Gozo and Comino it shall hold its sittings in the building of the courts of Gozo.
(8)* The Civil Court (Voluntary Jurisdiction Section) shall also sit in Malta and in Gozo.
(9)† It shall be lawful to add the words "(Gozo)" in any written pleading, judicial act, court decree, court judgment, procès-verbal, form or any other document whatsoever filed or used by the Civil Court, First Hall, the Civil Court (Family Section) or the Civil Court (Voluntary Jurisdiction Section) when such documents relate to acts, claims or proceedings of the said courts in respect of which sittings are held in the island of Gozo. 36A.
(1)The Civil Court, First Hall when exercising its jurisdiction to hear cases filed under the provisions of the Constitution or of the European Convention Act shall hold sittings in the building of the Courts of Gozo when taking cognizance of cases where the applicant is a natural person having his ordinary abode, or a legal person having its registered office, in the islands of Gozo and Comino. Jurisdiction of the Courts of Gozo in constitutional cases. Added by: XXIII.2023.2.
(2)Sub-article
(1)shall not apply where, when the case is filed the number of applicants and respondents, excluding respondents who are representatives of the Government or of any public authority, residing in the island of Malta exceeds the number of applicants and respondents residing in the islands of Gozo and Comino, in which case the sittings of the Court shall be held in the building of the courts in Malta.
  1. Repealed by: XXIV.1995.
  2. Further jurisdiction of Commercial Court. Amended by: IV.1862.3; IV.1905.
  4. Repealed by: XXIV.1995.
  5. Jurisdiction in bankruptcy, etc. Amended by: XI.1858.2; IV.1862.3; IV.1905.3; XV.1913.
  7. Any Judge sitting in the Civil Court, or any section thereof shall regulate the proceedings concerning average and shall attend, either personally or through an advocate deputed by him for the purpose, at the drawing up of sea-protests. *Not yet in force. †Not yet in force. Duties of Judge of Civil Court, First Hall in respect of proceedings concerning average and sea-protests. Amended by: IV.1862.3: IV.1905.5; XXII.1992.5; XXIV.1995.357; XXXI.2002.
  8. CODE OF ORGANIZATION AND CIVIL PROCEDURE Courts may consist of more than one chamber. Added by: XXII.1992.
  9. Amended by: XXIV.1995.
  10. 39A. Repealed by: XXXI.2002.
  11. Appeal from judgements of Commercial Court. Amended by: XV.1913.
  13. Court of Appeal Constitution. Jurisdiction. Amended by: VII.1880.7; XV.1913.14; XIII.1964.13; L.N. 46 of 1965; XXX.1971.4; LVIII.1974.68; L.N. 148 of 1975; VIII.1990.3; XXII.1992.7; XXIV.1995.18; VI.2001.3; XVII.2012.2; I.2018.
  14. Repealed by: XXIV.1995.
  15. 41.
(1)The Court of Appeal shall consist of one or more chambers.
(2)Where the Court of Appeal consists of one or two chamberseach chamber shall consist of the Chief Justice and two other judges.
(3)Where the Court of Appeal consists of three or more chambers, the third and other chambers may each be presided by a judge to be nominated upon the advice of the Chief Justice.
(4)Each chamber of the Court of Appeal shall exercise and have all powers as are by this Code or any other law vested in the Court of Appeal.
(5)The number of chambers shall be determined by an Order of the President of Malta.
(6)Where an Order is made by the President of Malta providing for more than one chamber of the Court of Appeal, the rule-making board established under article 29 of the Code shall provide the manner in which cases shall be distributed between the various chambers.
(7)(a) An Order as is referred to in sub-article
(3)hereof may provide that where one of the judges, other than the Chief Justice, sitting in one of the chambers, abstains or is otherwise challenged and the challenge is accepted, the case in which such abstention or challenge takes place shall be heard by such other of the chambers as is prescribed in the Order. (
  1. b)Where the Chief Justice is challenged and the challenge is accepted or abstains, the senior judge (other than the Chief Justice) in such other chamber as may be determined in the Order, shall be surrogated for the Chief Justice in the chamber where the case is being heard. (
  2. c)Where notwithstanding the provisions of any orders made under paragraphs (
  3. a)and (
  4. b)hereof the case may not be heard by any of the chambers as provided for in such order because of a challenge or abstention of the Chief Justice or any other of the judges, the President of Malta shall surrogate another judge or other judges to sit in lieu of the judges challenged or lawfully impeded in the chamber in which the case was first assigned under the provisions of sub-article
(3)hereof.
(8)* The Court of Appeal shall hear and determine all appeals CODE OF ORGANIZATION AND CIVIL PROCEDURE from judgments of the Civil Court, First Hall, Civil Court, First Hall(Gozo), the Civil Court (Family Section), the Civil Court (Family Section) (Gozo) and the Civil Court (Commercial Section).
(9)* The Court of Appeal shall also hear and determine appeals from judgments of the Court of Magistrates (Malta) and Court of Magistrates (Gozo) in its inferior jurisdiction. But, for the purposes of such appeals, the Court of Appeal shall be constituted by one of its members only, and any one of the judges, appointed by the President of Malta to sit for the hearing of such appeals, shall be deemed to be a member of such court. The Court of Appeal as constituted under this sub-article may also be referred to as the Court of Appeal (Inferior Jurisdiction). Appeal from inferior courts for Malta.
(10)Where the Court of Appeal is to hear appeals from the Court of Magistrates (Gozo) in its inferior jurisdiction or from judgments or decisions of any board or tribunal delivered by such board or tribunal when sitting in Gozo, it shall hold its sitting in the building of the Courts in Gozo, and for the purpose of such appeals the registry of the Court of Magistrates (Gozo) shall also be the Registry of the Court of Appeal.
  1. The Court of Appeal shall be exclusively competent to take cognizance of the appeals referred to in article 6 of the Marriage Legacies Law.
  2. Repealed by: XXIV.1995.
  3. Jurisdiction of Court of Appeal in respect of appeals under Marriage Legacies Law. Amended by: VI.1880.4; XV.1913.15; II.1940.
  4. Jurisdiction of Court of Appeal in issues connected with execution of judgments or warrants. Amended by: IV.1862.5; IV.1905.6; XV.1913.
  6. The Court of Appeal, besides taking cognizance of the causes referred to in this Title, shall also take cognizance of all other causes which by express provision of the law are assigned to it. Further jurisdiction of Court of Appeal.
  7. The Constitutional Court shall be so constituted and shall exercise such jurisdiction as is provided in the Constitution of Malta. Constitutional Court. Added by: XIII.1964.
  8. Amended by: LVIII.1974.
  9. * In force as from 11th June 2018, see also Legal Notice 187 of
  10. Previous sub-article
(8):
(8)It shall hear and determine all appeals from judgments of the Civil Court, First Hall; and the Court of Magistrates (Gozo) in its superior jurisdiction: Provided that the reference to the "Civil Court, First Hall" in this sub-article shall be deemed to include a reference to the Civil Court (Family Section) and to have included such a reference as from the date of establishment of the sections of the civil courts. * See Legal Notice 187 of 2018. Saving. Added by: XIII.1964.14. Substituted by: XXIV.1995.20. CODE OF ORGANIZATION AND CIVIL PROCEDURE 46. The provisions of article 34 and of article 41
(9)shall be without prejudice to the provisions of article 46
(4), and article 95
(2)of the Constitution of Malta and article 4
(4)of the European Convention Act. Title III O F THE I NFERIOR COURTS Civil Court of Magistrates (Malta). Constitution and jurisdiction. Amended by: IV.1865.1; XV.1913.16; XXXI.1934.9; XXIII.1971.3; XIII.1983.5; XII.1985.2; VIII.1990.3; XXIV.1995.21; VI.2001.3; XXXI.2002.21; L.N. 407 of 2007; IV.2016.3. Further jurisdiction. Amended by: XXXI.1934.9; XXIII.1971.4; XIII.1983:5; XII.1985.3; VIII.1990.3; XXIV.1995.22; VI.2001.3. 47.
(1)A magistrate shall sit in the Court of Magistrates (Malta), and such court shall, as a court of first instance, hear and determine all claims of an amount not exceeding fifteen thousand euro (€15,000), against persons residing or having their ordinary abode in any part of the Island of Malta.
(2)Such court shall also take cognizance of all other causes expressly assigned to it by law.
(3)Nevertheless, causes involving questions of ownership of immovable property, or relating to easements, burdens or other rights annexed to such property, including any claim for the ejectment or eviction from immovable property, whether urban or rural, tenanted or occupied by persons residing or having their ordinary abode within the limits of the jurisdiction of such court, shall not fall within the jurisdiction of the Court of Magistrates (Malta) independently of the value of the claim.
  1. Deleted by XXXI.2002.
  2. Appeal from judgment of Court of Magistrates. Amended by: VII.1880.8; XV.1913.17; VIII.1990.3; XXIV.1995.
  3. Substituted by: XXXI.2002.
  5. From the judgments of the Court of Magistrates (Malta) or from the Court of Magistrates (Gozo), an appeal shall lie to the Court of Appeal, constituted as provided in article 41
(9). Court of Magistrates (Gozo) as court of first instance. Amended by: XV.1913.18; XIII.1925.2; XI.1929.2; XIII.1964.15; L.N. 46 of 1965; LVIII.1974.68; VIII.1990.3; XXIV.1995.24. 50.
(1)Subject to the provisions of article 770 and 771, the Court of Magistrates (Gozo) shall, to the exclusion of the courts of Malta, be competent to take cognizance of all claims against persons residing or having their ordinary abode in the Island of Gozo or Comino, as well as of all other causes expressly assigned by law to such court. CODE OF ORGANIZATION AND CIVIL PROCEDURE
(2)Such court shall consist of one magistrate, and shall have a twofold jurisdiction, namely: Constitution. Twofold jurisdiction. (
  1. a)an inferior jurisdiction, by virtue of which it shall take cognizance of all causes of the nature of those which, according to articles 47 and 48, are triable by a magistrate for the Island of Malta; and Inferior, equal to jurisdiction of inferior court of Malta. (
  2. b)a superior jurisdiction, by virtue of which, subject to the provisions of article 46 of the Constitution of Malta and article 4 of the European Convention Act, it shall take cognizance of all causes of the nature of those which, according to article 32, are triable by the Civil Court, First Hall. and superior which is equal to Civil Court, First Hall. 51. Repealed by: XXIV.1995.25. Judgments subject to appeal to Court of Magistrates as an appellate court in its superior jurisdiction. Amended by: XXIII.1971.5; XIII.1983.5; XII.1985.4; VIII.1990.3. 52. Repealed by: XXIV.1995.25. Judgments subject to appeal to Court of Appeal. Amended by: XXIII.1971.6; XIII.1983.5; XII.1985.5; VIII.1990.3. 53. In regard to causes within the superior jurisdiction of the Court of Magistrates (Gozo) the provisions relating to the superior courts shall apply. Applicability of provisions relating to superior courts, to Gozo Court in its superior jurisdiction. Amended by: XV.1913.19; XXXI.1934.10; VIII.1990.3. 54. The Court of Magistrates (Gozo), consisting of one magistrate to be named by the President of Malta in that behalf, shall also have, within the limits of its local jurisdiction, the same powers as are assigned to the C iv il C ou rt , i n it s v ol un t a ry jurisdiction. Gozo court as court of voluntary jurisdiction. Amended by: L.N. 46 of 1965; LVIII.1974.68; VIII.1990.3; XXXI.2002.24. 55. Repealed by XXXI.2002.25. Qualifications of magistrates and magistrates surrogate. Amended by: VIII.1990.3; XXIV.1995.26. CODE OF ORGANIZATION AND CIVIL PROCEDURE Saving. Added by: XIII.1964.16. Amended by: L.N.148 of 1975. Substituted by: XXIV.1995.27. 56. The provision of article 49 shall be without prejudice to the provision of article 46
(4)and article 95
(2)of the Constitution of Malta, and article 4
(4)of the European Convention Act. Small Claims Tribunal. Added by: V.1995.
  1. 56A. Notwithstanding any of the provisions of this Code the inferior courts shall not take cognizance of any claim falling within the jurisdiction of the Small Claims Tribunal established under the Small Claims Tribunal Act. Title IV Substituted by: XXXI.2002.
  2. O F THE EXECUTIVE OFFICERS OF THE COURT Duties of Director General (Courts). Amended by: VI.1880.6; XV.1913.22; X.1975.3; XIV.1980.
  3. Substituted by: XXIV.1995.
  4. Amended by: L.N. 34 of
  5. Substituted by: XXXI.2002.
  6. 57.
(1)The Director General (Courts) shall be appointed by the Prime Minister and, unless the Minister responsible for justice otherwise directs, he shall be responsible for the administration of all registries, archives, court services and all other administrative offices of the courts.
(2)The Director General (Courts) shall have the functions, powers and duties as are vested in him by this Code or by any other applicable law, as well as by any regulations which may, from time to time, be made by the Minister responsible for justice under this article.
(3)The duties of the Director General (Courts) shall be carried out by the Director General (Courts) personally or by such other persons or by court executive officers as the Minister responsible for justice may by regulation designate or, failing such regulation, by any person so delegated by the Director General (Courts); such regulation may also specify the duties that shall be carried out by each such person or officer. Registries. Repealed by: XI.1858.3. Added by: VI.1880.7. Amended by: XXIX.1952.2; L.N. 4 of 1963; XV.1964.2; XXXI.1966.2; X.1975.4; XI.1977.2. Substituted by: XXIV.1995.29; XXXI.2002.28. 58.
(1)There shall be such registries of the Courts and other tribunals established by law, as the Minister responsible for justice may by regulations under this article establish.
(2)Such regulations shall assign to each court or tribunal the registry that is to serve it and more than one court or tribunal may in accordance with such registries be so served by the same registry.
(3)Any reference in any law to the registry of any particular court or tribunal shall be deemed to be a reference to the registry assigned to such court or tribunal by the Minister in regulations made under this article.
(4)Each registry shall be headed by a public officer designated by the Minister for the purpose and, failing such designation, by the Director General (Courts). The head of each registry is hereinafter referred to as ''the registrar''.
(5)Each registrar shall have the functions, powers and duties CODE OF ORGANIZATION AND CIVIL PROCEDURE vested in him by this Code or by any other applicable law as well as by any regulation which may, from time to time, be made by the Minister responsible for justice.
(6)The duties of the registrar, including any duties during sittings of the courts, shall be carried out by the registrar personally or by such other persons or by court executive officers as the Minister responsible for justice may designate or, failing such designation, by any person so delegated by the registrar, and such designation may also specify the duties that shall be carried out by each such person or officer.
(7)Any provision in this Code or in any other law or regulation which makes reference to the registrar shall be construed as a reference to the registrar of such registry to which the provision refers or the registrar heading the registry assigned to serve that court and, failing any such reference, it shall be construed as a reference to the registrar responsible for the registry assigned to serve the Civil Court.
(8)Subject to the provisions of this Code and of any rules made under article 29, the registrar shall take orders from the judicial authorities in relation to any judicial proceedings and in relation to any judicial act, that is to say: (
  1. a)in the superior courts in matters concerning a particular court, he shall take orders from the judge or from the judges, if there are two or more judges, of that court; in other cases, he shall take orders from the Chief Justice; and (
  2. b)in the inferior courts, he shall take orders from the magistrates of the particular court.
(9)The provisions of sub-article
(8)shall, subject to the provisions of article 69, apply, mutatis mutandis, to court executive officers.
(10)The Director General (Courts), the registrar and any of the court executive officers so designated by the Minister responsible for justice shall, for the purposes of the Commissioners for Oaths Ordinance, be ex officio Commissioners for Oaths.
  1. It shall not be lawful for the registrar or any other officer acting in his stead to discharge the duties of registrar in any of those cases in which a judge may be challenged. Cases in which registrar is debarred from acting as such. Added by: VI.1880.
  2. Amended by: IX.1886.7; VIII 1903.
  3. CODE OF ORGANIZATION AND CIVIL PROCEDURE Oath to be taken by Director General (Courts). Amended by: VI.1880.8; IX.1886.8; XXIX.1952.3; XV.1964.
  4. Substituted by: XXIV.1995.30; XXXI.2002.
  6. The Director General (Courts) and each registrar, on entering upon the execution of their respective offices, shall take, before the Court of Appeal, the oath of allegiance referred to in article 10, and the oath of office in the following form: Other duties of registrar. Amended by: V.1856.1; VI.1880.9; XV.1913.
  7. 61.
(1)The registrar, unless otherwise provided in this Code, shall register the proceedings and the orders of the court, and the register kept by him shall constitute an authentic proof thereof. Authentication of copies.
  1. The registrar shall certify the authenticity of every copy which may be required of any act or document existing in the registry. Liability of registrar. Amended by: VI.1880.
  3. The registrar shall be responsible for any loss, mutilation or alteration of any act or document filed in the registry as well as for any delay in the course of any such act or document. Taxing of judicial costs. Impugnment of assessment of costs. Amended by: IV.1862.6; XXXI.1934.11; XXIV.1995.
  4. 64.
(1)Judicial costs shall be taxed and assessed by the registrar, and the assessment made by him may not be impugned after the expiration of one month. Such action shall be instituted by application which shall be heard summarily by the court. Such period, in regard to the person applying for the taxed bill of costs, shall commence to run from the day on which the taxed bill was issued and, in regard to the debtor duly served with such taxed bill by means of a judicial act, from the day of such service. "I ............. do swear that I will faithfully and with all honesty and exactness perform the duties of Director General / Registrar, to the best of my knowledge, skill and ability. So help me God.".
(2)Where a verbal demand for any act or procedure whatsoever is made in cases in which such act or procedure may take place upon a verbal demand of any party, the registrar shall note down such demand, stating whether the same has been made by the party personally or by a legal procurator or by any other lawful representative; and such note shall constitute an authentic proof as to the demand itself and as to the person by whom it has been made.
(2)The applicant shall cause a copy of the application to be served on any person having an interest therein, who shall have twenty days within which to file a reply.
(3)The written pleadings in respect of the application shall be deemed closed by the reply or failing such reply with the expiration of the time allowed for such reply. The parties shall be notified with the date for the hearing of the application. Archives. Amended by: VI.1880.11. Substituted by: XXXI.2002.65. 65.
(1)There shall be such archives of the Courts and other tribunals established by law, as the Minister responsible for justice may by regulations under this article establish.
(2)Such regulations shall assign to each court or tribunal the archives in which the records and acts of such court or tribunal shall be deposited, and the records of more than one Court or tribunal may, in accordance with such regulations, be deposited in any one particular archive. CODE OF ORGANIZATION AND CIVIL PROCEDURE
(3)The Director General (Courts) shall be responsible for the administration of the archives and shall, subject to the provisions of this Code and of any other law, issue such directives as he may deem necessary for the proper storage of documents therein, access thereto, the making and authentication of copies and for all other matters relating to the archives.
(4)The said Minister may also from time to time make regulations governing the archives and their management.
  1. The Minister responsible for justice shall designate persons to act for the Director General (Courts), the Registrar and any court executive officer in the case of absence or other lawful impediment of the Director General (Courts), the registrars, or any court executive officer, as the case may be. Absence or other lawful impediment of Director General (Courts). Amended by: VI.1880.12; VIII.1903.2; XV.1913.24; XV.1964.4; L.N. 46 of 1965; X.1975.5; XXIV.1995.
  2. Substituted by: XXXI.2002.
  3. 67.
(1)There shall be court executive officers who shall be entrusted with the service and the execution of any judicial acts, warran ts and o th er orders g iv en by t he Cou rt s, Jud ges and Magistrates and to perform such other duties as may be assigned to them by the Director General (Courts) and the registrars. Duties of court executive officers. Amended by: VI.1880.13; XIX.1965.3. Substituted by: XXIII.1971.7. Amended by: XII.1978.4; VIII.1990.3; XXIV.1995.33. Substituted by: XXXI.2002.33.
(2)The Minister responsible for justice may, by regulations made under this article, designate the officers who shall be court executive officers prescribing their respective duties, powers and responsibilities and may regulate any other matter which he may deem necessary for the better performance of their functions. 68.
(1)Court executive officers designated for the purpose by the Minister responsible for justice are also charged with the maintenance of good order and decorum in the building of the courts.
(2)Without prejudice to the provisions of article 72, every such officer shall, within the precincts of the building of the courts and of any office, building or other premises occupied by, or under the charge of, the Director General (Courts), be empowered to exercise all such functions, powers and duties as are by law vested in Police officers.
(3)Subject to the provisions of article 990 and 992, where such officer detains or arrests any person for any offence committed within the precincts mentioned in the previous sub-article, he shall forthwith bring the offender before a magistrate and charge him with breach of good order and decorum in the buildings of the court and if the court, on summarily hearing the case, finds the offender guilty of breach of good order and decorum in the building of the court, shall condemn the offender to any of the punishments mentioned in article 990. Maintenance of good order in Courts. Amended by: VI.1880.13. Substituted by: XXIV.1995.34. Amended by: XXXI.2002.34. CODE OF ORGANIZATION AND CIVIL PROCEDURE Court executive officers to execute duties personally. Amended by: VI.1880.13; XV.1913.25; XXIV.1995.35. Substituted by: XXXI.2002.35. 69.
(1)Court executive officers shall execute their duties personally unless otherwise prescribed by regulations made by the Minister responsible for justice, by Rules of Court, or, in the absence of such regulations or rules, in accordance with the orders even verbal, of the judges or magistrates as provided in article
  1. Opposition to court executive officers in the execution of their duties. Amended by: VI.1880.13; XIX.1965.4; XXIV.1995.36; XXXI.2002.
  3. Saving the provisions of article 992, if any person knowingly avoids, obstructs or refuses service of any act or court order or execution of any warrant or order by any executive officer of the courts, he shall be guilty of contempt of court and shall be liable, on conviction, to the punishments mentioned in article
  4. Executive officer to inform court of any warrant issued against an exempted person. Amended by: VI.1880.
  6. Where, before the execution of any warrant, it shall come to the knowledge of the executive officer that the person against whom the warrant has been issued is a person in favour of whom an exemption is granted by law, he shall, forthwith, through the registrar, or, in case or urgency, personally, report the fact to the court in order to receive such directions as may be requisite. Powers of executive officers. Amended by: VI.1880.
  8. Every officer charged with the execution of any order of the court shall, for the discharge of his duties, have the same powers as are by law vested in Police officers. Assistance of Police force. Amended by. VI.1880.
  10. In the case of opposition by the use of violence, it shall be lawful for an executive officer to demand the assistance of any member of the Police force.
(2)The provisions of article 59 shall apply to court executive officers or other persons acting in their behalf. Title VI O F A RCHIVISTS Amended by: VI.1880.
  1. Archivist. Amended by: VI.1880.14,
  3. Repealed by XXXI.2002.
  4. Duties of archivist. Amended by: XI.1858.4; VI.1880.14; XV.1913.
  6. Repealed by XXXI.2002.
  7. Formation of list of records, etc. Amended by: VI.1880.14,
  9. Repealed by XXXI.2002.
  10. Responsibility of archivist. Amended by: VI.1880.14,17; XV.1913.
  12. Repealed by XXXI.2002.
  13. CODE OF ORGANIZATION AND CIVIL PROCEDURE
  14. Repealed by XXXI.2002.
  15. Title V O F THE LEGAL PROFESSION 78A.
(1)For the purposes of this Title and of Title VIII of Book First of this Code, the expressions "Member State", "citizen of an agreement State", "competent authority" and "the Treaty" shall have the same meaning assigned to them in the Mutual Recognition of Qualifications Act.
(2)For the purposes of this Title, unless the context otherwise requires: Registrar of Superior Courts to be ex officio Archivist of the Malta Courts and Registrar of Gozo Court to be ex officio Archivist of Gozo Court. Amended by: VI.1880.14,17; L.N. 4 of 1963; L.N. 46 of 1965; XXXI.1966.2; XXIV.1995.
  1. Amended by: XXXI.2002.
  2. Definitions in this Title. Added by: XVIII.2002.
  3. Substituted by: L.N. 248 of
  4. Amended by: XIX.2021.
  5. "advocate" means a person authorised under the provisions of article 79; "Committee" means the Committee for Advocates and Legal Procurators established by article 3 of the Commission for the Administration of Justice Act; "law firm" means an association or civil partnership, whether or not properly constituted, or any other legal structure of advocates in the exercise of the profession; "Register" means the Register maintained by the Committee in terms of article 88D where information on individuals holding a warrant to practice as advocates or legal procurators and on law firms is recorded. 79.
(1)No person may exercise the profession of advocate or provide legal services in Malta or otherwise hold himself out as providing any legal service in Malta without the authority of the President of Malta granted by warrant under Public Seal of Malta acting on the recommendation of the Committee and after such person is duly admitted to the Register in accordance with the provisions of this Code.
(2)Upon the grant of a warrant in terms of sub-article
(1), the Committee shall register the advocate in the Register maintained by the Committee.
(3)Any person who acts in contravention of the provisions of sub-article
(1)shall be guilty of an offence and shall on conviction, be liable to a fine (multa) not exceeding twenty five thousand euro (€25,000) or to imprisonment for a period not exceeding one
(1)year, or to both such fine and imprisonment. Administration of advocates and restrictions in respect of members of Parliament. Substituted by: XXVII.1977.
  1. Amended by: XII.1978,5; XXIV.1995.
  2. Substituted by: VII.2007.
  3. Amended by: XIX.2021.
  4. Oaths of allegiance and of office. Amended by: XXIV.1995.39; XIX.2021.
  5. CODE OF ORGANIZATION AND CIVIL PROCEDURE
  6. Any person on being so authorized shall, before entering upon the exercise of the profession, of advocate take before the Court of Appeal, in a public sitting of the same court, the oath of allegiance according to the form referred to in article 10, and the oath of office in the terms following: I ............. do swear, that I will faithfully and with all honesty and exactness perform the duties of advocate in the courts of justice of Malta, to the best of my knowledge and ability. So help me God. Qualifications for obtaining warrant. Amended by: IX.1886.9; XV.1913.28; II.1916.2,3; XVI.1922.2; XXVIII.1935.3; LXII.1948.2; XX.1968.2; L.N. 148 of 1975; XXIV.1995.40; XVIII.2002.10; L.N. 248 of 2004; XXIV.
  7. 74; XIX.2021.
  8. 81.
(1)No person shall be entitled to obtain the warrant referred to in article 79, unless (
  1. a)he is a fit and proper person as recommended by the Committee; (
  2. b)he is of good conduct and good morals, and is not or has not engaged in or is not or has not been associated with any activity or practice which in the view of the Committee is not compatible with the exercise of the legal profession or has not otherwise conducted himself in such a manner which casts doubt on his honesty and integrity; (
  3. c)he is a citizen of Malta or of a Member State or is otherwise permitted to work in Malta under any law; (
  4. d)he has obtained the academic degree in law in accordance with the provisions of the Statue of the University of Malta, or such other qualification as the Minister, after consultation with the Committee, may from time to time prescribe, or a comparable degree from such other competent authority in accordance with the principles of mutual recognition of qualifications, after having read law in Malta or in a Member State; (
  5. e)he has, after satisfying the requirement of paragraph (d), or, in the case of persons regularly following the academical course of law in the University of Malta, at any time after the commencement of the last academic year of the said course, for a period of not less than one year regularly attended at the office of a practising advocate of the Bar of Malta and at the sittings of the superior courts; (
  6. f)he possesses a full knowledge of the Maltese language as being the language of the courts; (
  7. g)he has been duly examined and approved by two judges who shall issue, under their signature and seal, a certificate attesting that they have found him to possess the qualifications mentioned in paragraphs (
  8. b)to (
  9. e)and that he is competent to exercise the profession of advocate in the courts of Malta.
(2)The Committee shall from time to time and with the approval of the Minister, prepare and publish rules and guidelines setting out the requirements that a person shall need to satisfy from time to time to comply with the requirements of article 81(a), (b) and (c). CODE OF ORGANIZATION AND CIVIL PROCEDURE 81A. The Minister responsible for justice may make regulations for bringing into effect the provisions of the Mutual Recognition of Qualifications Act and subsidiary legislation issued thereunder, in relation to the mutual recognition of qualifications of advocates. Regulations. Added by: XVIII.2002.
  2. Save as may be provided in regulations made under article 1004, it shall not be lawful for any advocate to fix by agreement his fees in an amount higher or lower than that fixed in this Code, except when, for some particular purpose of the contending party, the action is restricted to an interest smaller than that on which the decision will have a bearing; in which case only it shall be lawful for the advocate to stipulate that his fees be reckoned on the basis of the whole interest involved, or fixed at a sum higher than that fixed in this Code in respect of the action as actually instituted. Bargaining of fees prohibited. Amended by: XXIV.1995.
  4. Advocates shall not, either directly or indirectly, enter into or make any agreement or stipulation quotae litis. Advocates not to enter into or make agreements or stipulations quotae litis. 84.
(1)A person may be disqualified perpetually or for a time to practice the profession of advocate on the recommendation of the Commission for the Administration of Justice, if that person: Causes of disqualification. Added by: IX.1886.10. Amended by: XV.1913.29; XXXI.1934.12; III.1939.2; L.N. 46 of 1965; LVIII.1974.68; IX.1976.9; VIII.1981.2; XI.1994.12; XXIV.1995.42; XVIII.2002.10; XXXI.2002.39; L.N. 248 of 2004. Substituted by: XIX.2021.7. (
  1. a)is no longer a fit and proper person; (
  2. b)has seriously, repeatedly or systematically failed to satisfy his obligations under the Prevention of Money Laundering Act or the Prevention of Money Laundering and Funding of Terrorism Regulations; (
  3. c)has been found guilty by a court of law of a crime affecting public trust or theft or of fraud or of knowingly receiving property obtained by theft or fraud or of any crime punishable by a term of imprisonment exceeding one
(1)year with the exception of involuntary offences; and (d) is considered to suffer from an infirmity of mind that seriously affects the exercise of his profession.
(2)The temporary or permanent withdrawal, by the competent authority in the Member State in which the advocate acquired the right to use the professional title, of the authorisation to practice the profession shall automatically lead to the advocate being temporarily or permanently prohibited from practicing in Malta.
(3)The disqualification referred to in sub-article
(1)shall be declared by the President of Malta by means of a letter to the S.L.
  2. CODE OF ORGANIZATION AND CIVIL PROCEDURE registrars of the Courts of Malta and Gozo and to the advocate so disqualified, unless the advocate is interdicted by means of a final judgment delivered by a court: The Chamber of Advocates. Added by: XIX.2021.
  3. Provided that the Committee may advise the President of Malta to remove the disqualification as aforesaid. 84A.
(1)The Chamber of Advocates shall be an independent professional body for advocates in Malta and shall be regulated and governed by its statute and this Code.
(2)The Chamber shall exercise functions in relation to the representation or promotion of the interests of the profession and of advocates and law firms. Such functions shall include: (
  1. a)safeguarding and protecting the dignity, honour and reputation of the profession of advocate; (
  2. b)the encouragement of an independent, strong, diverse and effective legal profession; (
  3. c)promoting and maintaining adherence to high professional principles and rules of ethical behaviour by advocates; (
  4. d)enhancing and promoting the level and standard of competence and skill within the profession amongst others through continued professional development and to make arrangements and requirements for continued professional development.
(3)Membership of the Chamber shall be open to all advocates and law firms that are eligible to be inscribed in the Register under this Code in accordance with the Statute of the Chamber applicable from time to time, against the payment of such membership and annual fees as the Chamber may from time to time determine. The Chamber may levy other fees for the provision of other services to members.
(4)In the exercise of its function as a professional body, if the Chamber becomes aware of any misconduct on the part of an advocate or law firm and it appears to it that such misconduct can have serious and adverse repercussions on the overall dignity, honour and reputation of the profession as a whole, the Chamber shall be entitled to file a report to the Committee for disciplinary action to be taken against such regulated person. Admission of legal procurators. Amended by: L.N. 46 of 1965; LVIII.1974.68; Substituted by: XIX.2021.9. 85.
(1)No person may be admitted to practice as a legal procurator without the authority of the President of Malta granted by warrant under the Public Seal of Malta, acting on the recommendation of the Committee.
(2)Upon the grant of a warrant in terms of sub-article
(1), the Committee shall register the legal procurator in the Register maintained by the Committee.
(3)Any person who acts in contravention of the provisions of CODE OF ORGANIZATION AND CIVIL PROCEDURE sub-article
(1)shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding twenty-five thousand euro (€25,000) or to imprisonment for a period not exceeding one
(1)year, or to both such fine and imprisonment. 86. Any person on being so admitted shall, before commencing to practise as legal procurator, take before the Court of Appeal, in a public sitting of the same court, the oath of allegiance according to the form referred to in article 10, and the oath of office in the terms following: Oaths of allegiance and of office. Amended by: XXIV.1995.43. I ............. do swear, that I will faithfully and with all honesty and exactness perform the duties of legal procurator in the courts of justice of Malta, to the best of my knowledge and ability. So help me God. 87. No person shall be entitled to obtain the warrant referred to in article 85 unless (
  1. a)he is a fit and proper person as recommended by the Committee; (
  2. b)he is a citizen of Malta or of a Member State or is otherwise permitted to work in Malta under any law; (
  3. c)he has been approved by the examining board of the Faculty of Law, at a regular examination in the subjects of the course of studies to be followed by candidates for the profession of legal procurator, in accordance with the regulations of the University of Malta, or a comparable degree from such other competent authority in accordance with the principles of mutual recognition of qualifications, after having studied law in Malta or in a Member State; Qualifications for obtaining warrant. Amended by: IX.1886.11; XV.1913.30; II.1954.2; XX.1968.3; XXIII.1971.8; L.N. 148 of 1975; XXIV.1995.44; XVIII.2002.10; L.N. 248 of 2004. Amended by: XIX.2021.9. (
  4. d)he has, after passing the examination referred to in paragraph (
  5. c)or at any time after the commencement of the last academic year of the said course, for a period of not less than one year, attended at the office of a practising advocate of the Bar of Malta and trained himself in the practice of the profession; (
  6. e)he has been duly examined and approved by two judges, who shall issue under their signature and seal a certificate attesting that they have found him to possess the qualifications mentioned in paragraphs (
  7. b)to (
  8. d)and that he is competent to practice as legal procurator in the courts of Malta. 87A. The Minister responsible for justice may make regulations for bringing into effect the provisions of the Mutual Recognition of Qualifications Act and subsidiary legislation issued thereunder, in relation to the mutual recognition of qualifications of legal procurators. Regulations. Added by: XVIII.2002.10. 88. The provisions of articles 83 and 84 shall apply to legal procurators. Applicability of articles 83 and 84. Amended by: XV.1913.31. Law firms. Added by: XIX.2021.11. CODE OF ORGANIZATION AND CIVIL PROCEDURE 88A.
(1)A law firm shall be registered in the Register maintained by the Committee following an application in writing submitted to the Committee and no partnership or association of persons or other legal entity, howsoever formed and called, shall act or hold itself out as being a law firm and no person shall be entitled, recognised or authorised to act in the name and on behalf of a law firm unless and until it has been duly registered as aforesaid: Provided that law firms already in existence shall have to be registered within twelve
(12)months from the coming into force of this provision, and following such date no person shall be entitled, recognised or authorised to act in the name and on behalf of an unregistered law firm.
(2)The application for registration shall include the following information and documentation: (
  1. a)name of the law firm; (
  2. b)name and surname, date of birth, place of residence and identification number of each member of that law firm; (
  3. c)the name of those advocates vested with the representation and management of the law firm; and (
  4. d)the address of the place from where the law firm shall be providing its services. Name of law firms. Added by: XIX.2021.11.
(3)Without prejudice to the provisions of the proviso to subarticle
(1), any person, not being an advocate, who makes use of the designation "law firm" or any similar designation, whether written or otherwise, or of any other form of language or words that can be perceived as a law firm or which misleadingly imply the existence of a law firm providing legal services in Malta, when no such law firm is registered in the Register maintained by the Committee, shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding twelve thousand euro (€12,000) or to imprisonment for a term not exceeding six
(6)months or to both such fine and imprisonment. 88B.
(1)The name of a law firm: (
  1. a)shall contain terms such as "advocates", "legal", "law firm" or words of similar import that are intended to indicate the nature of the firm and the services it provides; (
  2. b)shall not contain uncouth language or words which are considered to be offensive or to have an adverse effect on the decorum and dignity of the legal profession; (
  3. c)shall not be misleading or calculated to mislead the general public and the persons requiring legal services as to the real nature of the firm and the services it provides; (
  4. d)may include: (
  5. i)the name or names of one or more advocates CODE OF ORGANIZATION AND CIVIL PROCEDURE (
  6. ii)being a partner or partners in the law firm, or any abbreviations thereof; or the name of an advocate or any abbreviation thereof who has ceased to be a partner in the firm, where the existing partners have decided to retain the same name of the firm or the name of the former partner as part of the name of the law firm.
(2)No person or entity shall use a name or brand that is indicative of a law firm unless the law firm is registered in accordance with this Title.
(3)A law firm shall not be registered by the Committee unless the name of the law firm satisfies the requirements of this article and breaches of this provision by a law firm shall constitute misconduct. 88C. Notwithstanding any provision in any other law and any agreement to the contrary: (
  1. a)any act or service that may be done or provided by an advocate may be done or provided by any one or more of the partners in the name and on behalf of a law firm and any act or service done or provided in the name of the law firm shall be done or provided by one or more of the partners; and (
  2. b)any prohibition imposed by or under any law on advocates shall also apply to law firms. 88D.
(1)The Committee shall maintain and keep updated a Register containing the following information: (
  1. a)the names of persons who are in possession of a warrant to practice as advocates; Obligations of advocates to apply to law firms. Added by: XIX.2021.11. Register of legal professionals and law firms. Added by: XIX.2021.11. (
  2. b)the names of persons who are in possession of a warrant to practice as legal procurators; (
  3. c)the name of law firms set up in terms of this Title, including the names and identifying details of those advocates and other warranted professionals being members of such law firms.
(2)The Register shall be made available for public inspection without charge. 89.
(1)The Minister responsible for justice shall nominate such panels as he may deem fit, each panel consisting of such number as he may deem fit of advocates, legal procurators and other experts, to perform the duties of curators, advocates or legal procurators ex officio and experts in the Courts of Malta and Gozo, and public auctioneers as occasion may require under this Code.
(2)The advocates and legal procurators appointed under subarticle
(1)shall also be bound to give their assistance to any person who, not being entitled to the benefit of legal aid, shall apply to the Appointment of official curators, etc. Amended by: XV.1913.32; XXXI.1934.13; L.N. 4 of 1963; XXXI.1966.2; XXIII.1971.10; XXIV.1995.45; III.2002.158; XII.2009.
  1. CODE OF ORGANIZATION AND CIVIL PROCEDURE competent court for such assistance, and shall satisfy the court, in such manner and by such means as the court may prescribe, that prima facie he has reasonable grounds for taking or defending or being a party to proceedings and that he did not succeed in engaging the services of another advocate or legal procurator: Provided that any advocate or legal procurator appointed by the court to give such assistance as aforesaid, shall not be bound to give his assistance, unless the applicant deposits with the registrar a sum which, in the opinion of the registrar, is sufficient to cover the fees of such advocate or legal procurator. Appointment of official curators, etc., for the Gozo court. Amended by: XXXI.1934.14; L.N. 4 of 1963; XXXI.1966.2: VIII.1990.
  3. Deleted by: III.2002.
  4. Publication of lists. Amended by: VI.1880.18; VIII.1990.
  5. Substituted by: XXIV.1995.46; XXXI.2002.
  7. A list of the members of the panels appointed as aforesaid shall be published in the Gazette. Performance of duty in rotation.
  8. The persons appointed under the provisions of this Title shall perform their duties in rotation. Order of rotation.
  9. The rotation shall be according to the order in which the names of the persons appointed are placed on the rota of the respective court by which the selection is to be made, unless there is some reasonable objection against the person whose turn it is on the rota, in which case the person immediately next on the rota shall be selected and the person objected to as aforesaid shall be entitled to the next turn in regard to which there shall be no objection. Appointment of person outside the rota. Amended by: XXXI.1934.
  11. Where, owing to impediment or challenge of the persons on the rota, the required selection of an advocate, legal procurator or accountant cannot be made from among such persons, the court shall appoint another person, although not on the rota. Gratuitous legal aid by curators. Amended by: XXIII.1971.11; XXIV.1995.
  13. The curators selected under the preceding articles of this Title, in causes where either both parties or the party at whose request their selection was made have or has been admitted to sue o r d e f en d w i th t h e b e n ef i t o f l eg a l a i d , o r t o b e a p ar ty t o proceedings or continue such proceedings with such benefit, shall g i v e t h e i r s e r v i c e s g r a t u i t o u s l y, s a v i n g t h e i r r i g h t t o s u c h remuneration as is expressly allowed to them by this Code out of the amount or property recovered. Misconduct or negligence of curators, etc. Substituted by: XXIV.1995.
  15. In case of misconduct, negligence or any reasonable objection to any curator selected from the rota to perform the duties of curator or advocate for legal aid, the court shall have the power to remove him from the case and to appoint another curator from the rota in his stead: CODE OF ORGANIZATION AND CIVIL PROCEDURE Provided that the court shall through the registrar communicate to the Minister responsible for justice, the relevant decree. 97.
(1)It shall be an abuse in the exercise of his profession: (
  1. a)for any advocate or legal procurator to knowingly, directly or indirectly employ or accept the services of any tout; or (
  2. b)for any advocate to agree with a legal procurator or a notary public, or for a legal procurator to agree with any advocate or notary public, to give or to receive any share of the fees or other remuneration earned by any of them in respect of professional work; or Illegal practices. Added by: VIII.1981.3. Substituted by: XI.1994.12. Amended by: XXXI.2002.44. (
  3. c)for any advocate or legal procurator to act in contravention of any law or Code of Ethics that may be in force and applicable to him, and any judge or magistrate shall report to the Commission for the Administration of Justice any advocate or legal procurator whom he suspects to be guilty of such abuse.
(2)In this article, the expression "tout" means any person who undertakes in return for a fee, reward or remuneration, whether in cash or in kind or for any other consideration, to find clients for any advocate or legal procurator. 97A.
(1)The President of Malta shall appoint judicial assistants to perform such functions as are by this Code or by any other law assigned to them.
(2)Judicial assistants shall be appointed from amongst persons who hold the warrant of advocate.
(3)The functions of judicial assistants shall include the following: (
  1. a)to assist in the judicial process and at the request of the court to participate in the proceedings pending before a court, including any research or other work required therefor, and for the purpose of carrying out such duties and exercise such powers as they may be required or authorised to perform by such court; (
  2. b)to administer oaths; (
  3. c)to take the testimony of any person that is produced as witness in any proceedings; (
  4. d)to take any affidavit on any matter, including a matter connected with any proceedings taken or intended to be taken before any court or any court or tribunal of civil jurisdiction established by law; (
  5. e)to receive documents produced with any testimony, affidavit or declaration, including in particular a testimony, affidavit or declaration as is referred to in this Code; (
  6. f)to hold such sittings as may be directed by the court, to Appointment of judicial assistants. Added by: XXIV.1995.49. Amended by: XXXI.2002.46. CODE OF ORGANIZATION AND CIVIL PROCEDURE meet with the advocates and legal procurators of the parties for the purpose of planning the management of the lawsuit, and to issue deadlines for the submission of evidence, pleadings or other judicial acts by the parties.
(4)In the performance of their functions judicial assistants shall be assigned to a court and shall act under the direction and control of the court before which the case is pending and shall, in addition to any power lawfully assigned to them by such court, have the power to order the attendance of any person for the purpose of giving evidence or to make an affidavit or a declaration, or to produce documents, at such place and time as they may specify in the order. Oath of office. Added by: XXIV.1995.49. Amended by: IV.1996.2. 97B.
(1)A judicial assistant shall not enter upon the functions of his office before he has taken, before the Court of Appeal, the oath of office in the following terms: Challenge.
(2)The provisions of Sub-Title II of Title II of Book Third shall apply to judicial assistants, except that the decision on any such matter shall be taken by the court before which the case is pending. Decisions by judicial assistants. Added by: XXIV.1995.49. 97C. Without prejudice to the provisions of sub-article
(2)of article 97B, where in proceedings before a judicial assistant a question arises relating to or connected with the same proceedings, that question shall in the first place be decided by the judicial assistant who shall without delay and in any case not later than three days from the date of the said decision, inform the court of the decision, and the decision of the judicial assistant shall be binding unless the court shall by decree, decide otherwise. I............................do swear that I will faithfully and with all honesty and to the best of my ability perform the duties of judicial assistant as prescribed by law. BOOK SECOND O F THE P ROCEDURE IN THE COURTS OF JUSTICE OF CIVIL J URISDICTION Amended by: XXXI.2002.
  1. G ENERAL P ROVISIONS Nullity of judicial acts.
  2. Any judicial act done in virtue or in pursuance of an act which is null is equally null. Reiteration of an act which is null.
  3. Any act which is null may be replaced by another, provided the peremptory time within which the act is to be done has not elapsed. Nullity of form not to be pleaded by person giving rise thereto.
  4. No person may plead a nullity of form, of which he or his agent has been the cause. CODE OF ORGANIZATION AND CIVIL PROCEDURE
  5. Any legal or judicial time the running of which is dependent on an act requiring service or publication , shall commence to run from the day on which such act has been duly served or published. Running of legal or judicial times.
  6. Where any legal or judicial time is to be reckoned from a stated day, such day shall not be considered as included in the time itself; and where it is to be reckoned by hours, the hour in which service is effected shall not be considered as included in the time. Dies a quo. Amended by: IX.1886.
  8. In the reckoning of any time, the day is reckoned at twenty-four hours, and the month and the year are reckoned according to the calendar. Computation of times.
  9. Save as otherwise expressly provided, the time of twentyfour hours shall be deemed to expire on the following day at the hour established for the closing of the registry. Time of twentyfour hours.
  10. Any legal or judicial time shall run also against the party at whose request or for whose benefit such time is allowed. Legal or judicial time to run against both parties.
  11. Any legal or judicial time, not being peremptory, may be extended on good cause being shown, provided the request for such extension is made within the time the extension of which is sought. Times, other than peremptory, may be extended. Amended by: IX.1886.13; XXIV.1995.
  13. It shall be lawful for the court, in cases of urgency, to abridge any legal time and to order that an act be carried into execution from one day to another or from one hour to another or forthwith. Abridgement of legal time in urgent cases. Amended by: VIII.1981.4; XXIV.1995.
  15. The days referred to in the next following article shall not suspend the running of times; but if the last day of any legal or judicial time is any such day, the time shall be deemed to expire on the next following day, not being any such day. Public holidays not to suspend the running of times. Amended by: V.1904.
  16. Substituted by: VII.1974.
  17. 109.
(1)Court sittings may be held on such days and at such times as may be prescribed by the Minister responsible for justice by regulations made under this article and during such other time as the court may, in its discretion, fix. When sittings are to be held, etc. Amended by: VII.1876.1; V.1904.7; XV.1913.33; VII.1974.3; XXII.1976.4. Substituted by: XIV.1980.3; XXIV.1995.52; XXXI.2002.48.
(2)The registries of the courts shall be open for the filing of judicial acts during such days and at such times as may, by regulations, be prescribed by the Minister responsible for justice under this article: Provided that any of the aforesaid registries may by special order of the court or by order given in writing by the registrar, be opened for the filing of judicial acts on any day or at any time.
(3)The Director General (Courts) and the registrar shall abide by and fully execute any order of the court to open the court on any day and at any time as the court may specify in the order.
(4)A judicial act may be served or carried into execution on such days, at such times and in such manner as may be prescribed by the Minister responsible for justice by regulations made under this article: CODE OF ORGANIZATION AND CIVIL PROCEDURE Provided that by special order of the court or by order given in writing by the registrar in cases of urgency, it shall be lawful to serve or carry into execution any judicial act on any other day or at any other time.
(5)The Registrar shall not refuse to give an order under subarticle
(2)or
(4)unless he has referred the matter to the competent court for its decision. Power to administer oaths. Amended by: XV.1913.
  2. Every court and every judge or magistrate shall have power to administer oaths. Form of oath in accordance with religious persuasion. Substituted by: XXXV.1974.
  4. A witness professing the Roman Catholic faith shall be sworn according to the custom of those who belong to that faith; and a witness not professing that faith shall be sworn in the manner which he considers most binding on his conscience. Oath of witnesses and referees. 112.
(1)Witnesses or other persons required to take the oath shall swear to tell the truth, the whole truth and nothing but the truth.
(2)Referees shall swear faithfully and honestly to perform the duties assigned to them. Power of court to make warning as to obligation of oath.
  1. The court, before which an oath is to be taken, shall have power to warn the party about to take the oath, as to the obligation of the oath and the consequences of perjury. Oath to be taken personally.
  2. The oath shall in all cases be taken personally by the party to be sworn. Judicial acts accessible to all persons. Copies.
  3. The acts of every court shall be accessible to all persons, and copies thereof shall be given out at the request of any person. Original acts not to be taken out. Exception. Amended by: XXIV.1995.
  5. No original act may be given out to any advocate, legal procurator, litigant or other person not employed in the courts, unless the court, for any purpose connected with the cause or for any other just reason, shall otherwise order. Acts issued in the name of the Republic of Malta. Amended by: XI.1977.
  6. Substituted by: XXXI.2002.
  7. Amended by: XXII.2005.11; VII.2007.
  8. Signing of acts by judge or magistrate. Amended by: XV.1913.35; XXXI.2002.
  10. *Every warrant of the superior courts shall be issued in the name of the Republic of Malta and shall be witnessed by a judge or by a judicial assistant so delegated for the purpose by a judge; any such delegation shall be published in the Gazette: Provided that no such delegation shall be made in respect of a warrant of prohibitory injunction.
  11. Without prejudice to the provisions of article 117, any act requiring the signature of a judge or magistrate shall be signed by the judge or magistrate of the respective court or, where the court consists of more than one judge or magistrate, by one of such judges or magistrates. *Vide article 11
(2)of Act VII of 2007 for commencement. CODE OF ORGANIZATION AND CIVIL PROCEDURE
  1. Notwithstanding the provisions of the last preceding article, any judge may give the requisite directions upon any ex parte application filed in any contentious matter in any of the superior courts, and may sign any warrant to be issued under the authority of any of the said courts. Any judge may give directions on ex parte applications. Amended by: XV.1913.
  2. 119A. Any person shall, when filing in the registry of the court any act or document which requires service to another party, besides the original copy, file such number of copies as is equal to the number of persons who are to be served with the act or document. Number of copies to be filed. Added by: XXXI.2002.
  4. Revoked by Act XXXI.2002.
  5. Forensic year. Sessions. Amended by: XI.1859.3; XV.1913.
  7. Revoked by Act XXXI.2002.
  8. Vacations in superior courts. Amended by: XI.1859.3; XV.1900.1; II.1903.1; VIII.1990.3; XXIV.1995.
  10. Revoked by Act XXXI.2002.52 No sittings to be held during recess. Exceptions. Amended by: XI.1859.3; VII.1880.8; XV.1913.38; VIII 1990.
  12. Vacations as may be established by regulations under article 109 shall not be a bar to the issue or execution of any warrant, whether executive or precautionary. Issue of warrants during recess. Amended by: II.1940.3; XXXI.2002.
  14. In this Code, the phrase "working days" does not include Saturdays. Meaning of "working days". Added by: VII.1974.
  15. PART I O F THE O RDINARY M ODE OF P ROCEDURE IN C ONTENTIOUS M ATTERS G ENERAL P ROVISION 125.
(1)In the superior courts and in the Court of Magistrates (Gozo) in its superior jurisdiction, proceedings are ordinarily instituted by application, whether sworn or not, as provided by law.
(2)In the Court of Magistrates (Malta), and in the Court of Magistrates (Gozo) in its inferior jurisdiction, proceedings are instituted by application. Procedure in superior courts and inferior courts. Amended by: XIII.1964.17; VIII.1990.3; XXIV.1995.55; XXII.2005.12; I.2006.
  1. CODE OF ORGANIZATION AND CIVIL PROCEDURE Title I Substituted by: XXIV.1995.
  2. O F THE MODE OF P ROCEDURE BY A PPLICATION FOR A PPEAL Proceedings by libel in first instance.
  3. Repealed by: XXIV.1995.
  4. Libel.
  5. Repealed by: XXIV.1995.
  6. Contents of libel. Amended by: X.1856.
  8. Repealed by: XXIV.1995.
  9. Documents to be produced with libel.
  10. Repealed by: XXIV.1995.
  11. Mode of production of documents. Amended by: IX.1886.4
  12. Repealed by: XXIV.1995.
  13. Security for judicial costs.
  14. Repealed by: XXIV.1995.
  15. Service of libel on defendant. Amended by: XV.1913.39; XIX.1965.
  17. Repealed by: XXIV.1995.
  18. Time for answer to libel in Civil Court. Amended by: IX.1886.
  20. Repealed by: XXIV.1995.
  21. Time for answer to libel filed in Gozo court. Amended by: IX.1886.15; XV.1913.40; VIII: 1990.
  23. Repealed by: XXIV.1995.
  24. Contents of answer. Amended by: X.1856.3; IV.1868.
  26. Repealed by: XXIV.1995.
  27. Mode of admitting claim.
  28. Repealed by: XXIV.1995.
  29. Service of answer. Time for reply.
  30. Repealed by: XXIV.1995.
  31. Contents of reply. Amended by: X.1856.4; IX.1886.
  33. Repealed by: XXIV.1995.
  34. Service of reply.
  35. Repealed by: XXIV.1995.
  36. Power of court in regard to pleadings containing unnecessary matter.
  37. Repealed by: XXIV.1995.
  38. CODE OF ORGANIZATION AND CIVIL PROCEDURE
  39. Repealed by: XXIV.1995.
  40. 142.
(1)Save as otherwise provided by this Code or by or under any other law, the mode of procedure before an appellate court is by application.
(2)The application shall contain the prayer that the judgment appealed from or any part thereof be reversed or varied. 143.
(1)The application for the reversal of a judgment shall contain a reference to the claim and to the judgment appealed from together with detailed reasons on which the appeal is entered and a request that the said claim be allowed or dismissed.
(2)The application for the variation of a judgment shall contain a reference to the claim and to the judgment appealed from and shall distinctly state the heads of the judgment complained of together with detailed reasons for which the appeal is entered and, in conclusion, shall state, specifically, the manner in which it is desired that the judgment be varied under each head. Closing of written pleadings in first instance. Amended by: XXXI.1934.16. Ordinary procedure before appellate court. Amended by: IX.1886.17; XV.1913.41; XIII.1964.18; XXIV.1995.58. Contents of application of appeal. Amended by: IX.1886.17; XV.1913.42; XXVII.1979.2. Substituted by: XXIV.1995.59.
(3)The application for the reversal, annulment or variation of a decree shall contain a reference to the contents of the decree appealed from together with the detailed reasons for such reversal, annulment or variation.
(4)In the case mentioned in this article a request for reversal shall be deemed to include a request for annulment and variation of a judgment or decree, and a request for annulment shall be deemed to include a request for a reversal and variation of a judgment or decree.
(5)The default of compliance with any of the requirements of sub-articles
(1),
(2)and
(3)shall not make void the application; but the court shall, in any such case, make an order directing the appellant to file, within two days, a note containing such particulars as are required by law and which have not been duly stated in the application.
(6)The cost of the order and of the filing of the note shall be borne by the appellant.
(7)The provisions of sub-articles
(5)and
(6)shall, in the case referred to in article 240, apply to the answer. 144.
(1)An appeal may be entered by any party against all the other parties or against any one of them. The appellant shall indicate in the application of appeal the parties against whom the appeal is directed. The application of appeal shall be served on all the parties but only the parties against whom the appeal is directed shall, within the time of thirty
(30)days, file their respective answer containing the reasons why the appeal should be dismissed: Provided that in causes where there are more than three plaintiffs or more than three defendants the application of appeal and any other notice, including the notice of trial relating to the Service of application of Appeal. Time for answer. Amended by: IX.1886.17; XV.1913.43; XXVII.1979.
  1. Substituted by: XXIV 1995.
  2. Amended by: XVII.2012.3; XXXII.2021.
  3. CODE OF ORGANIZATION AND CIVIL PROCEDURE appeal, may be served upon any two of the plaintiffs or upon any two of the defendants, as the case may be, and upon an advocate and a legal procurator who before the court at first instance had acted on behalf of the other plaintiffs or defendants: Provided further that where there is no advocate or legal procurator as referred to in the first proviso or where any such advocate or legal procurator has informed the appellant of the cessation of the character in which the advocate or legal procurator has acted, the party requesting to effect service of the application of appeal may request the court before which the appeal is filed to authorise service to all parties, other than the two plaintiffs or the two defendants as the case may be, referred to in the preceding proviso, by publication in the Gazette and in one or more daily newspapers as the court may direct, without any further procedures or requirements. Time for answer in case of cross appeal.
(2)In the case of a cross appeal in terms of article 240, the party against whom the cross appeal is directed shall within the said time of thirty
(30)days file a reply rebutting the allegations included in the cross appeal. Address when there are multiple parties.
(3)When two
(2)or more parties file an application of the appeal or the reply together, they shall, on filing the written pleading, state a single address for the execution of service of the notice about the security for costs related to the appeal and for the service of the notice that the case was left for sentencing. Production of documents. Substituted by XXXII.2021.3. 145. No new documents may be produced together with the application, reply, or rejoinder without authorization from the court. Closing of pleadings in appeal. Amended by: IV.1868.3; IX.1886.17; XXXI.1934.17; XXIV.1995.62. 146.
(1)The written pleadings in appeal shall be deemed to be closed by the answer to the application, or, in default, on the expiration of the time allowed for such answer.
(2)Where, according to the provisions of article 144
(2), a reply is allowed, the written pleadings shall be deemed to be closed by the reply, or, in default, on the expiration of the time allowed for such reply.
(3)The default of any party in filing an answer or reply within the prescribed time limits shall not preclude such party from appearing before, or making submissions to, the court during the hearing of the appeal. Power of court to order additional pleadings. Amended by: IX.1886.18; XXXII.2021.4. 147.
(1)The court may, after the close of written pleadings in line with article 146, whenever, under the circumstances, it shall deem it expedient so to do, make an order allowing any of the parties to file an additional written pleading with leave to the opposite party to file, if he so desires, another written pleading in reply, within such times as the court shall direct.
(2)The court may also by way of a decree demand the parties to answer any questions it might have or else demand the parties to clarify any issues that are deemed necessary for the court before handing down its judgment. CODE OF ORGANIZATION AND CIVIL PROCEDURE
(3)If no time is fixed by the court, the party allowed to file such additional written pleading shall do so within ten days from the day of the order, and the opposite party shall file his answer within an equal time to be reckoned from the service of the former written pleading. Such times may be extended only once, on good ground being shown. Time for filing additional pleadings.
(4)Nothing in the provisions of this article shall preclude the court from requesting an oral hearing as provided in article 207
(5).
  1. Repealed by: XXIV.1995.
  2. Time within which defendant may admit claim. Amended by: XI.1859.4; IX.
  3. 19; XXXI.1934.
  5. Repealed by: XXIV.1995.
  6. Time for filing written pleadings not to run during vacations. Amended by: IV.1862.7; XXXI.1934.
  7. 150.
(1)The Court of Appeal shall only allow the production of new documents (
  1. a)if, notwithstanding all due diligence, the document could not be obtained before the filing of the pleading with which it should have been produced, and the filing of such pleading could not, without prejudice, be delayed; or Cases in which production of documents is permitted outside prescribed time. Amended by: IX.1886.20; XV.1913.44; XXIV.1995.64; XXXII.2021.5. (
  2. b)if the court is satisfied of the necessity or expediency of having the document before it: Provided that, in any such case, the court may, in adjudging the costs of the cause, take into account the tardy production of the document; or (
  3. c)if the opposite party, by a separate note, or by an annotation in the margin or at the foot of the note by which the document is produced, gives his consent thereto; or (
  4. d)if it is proved, by oath or otherwise, that the party producing the document, had not been aware of it, or could not, with the means provided by law, have produced it, in due time; or (
  5. e)if the document to be produced is a book or other paper in the original, copies whereof or extracts wherefrom, relating to the matters at issue, were produced in due time; or (
  6. f)before any referee, if bearing on the subject-matter of his reference.
(2)Any necessary demand concerning any collateral issue shall, however, be allowed at any stage of the cause, as occasion may require. Demands on collateral issues. CODE OF ORGANIZATION AND CIVIL PROCEDURE Cause book. Amended by: IX.l886.21; XXIV.1995.
  2. The registrar shall note down in a book to be kept for the purpose, the causes the written pleadings whereof shall have been closed as provided in article 146, following the order of the date on which the written pleadings were closed. List of causes set down for hearing. Parties to be served with notice of day of hearing. Amended by: XXXI.1980.2; XXIV.1995.66; IV.1996.3; XXII.2005.13; VII.2007.12; IV.2016.4; XXXII.2021.
  3. 152.
(1)Following the closure of written pleadings, the registrar shall verify the payment of the security for costs related to the principal and incidental appeal, and shall, unless there is a court order stating otherwise, publish these causes in the list of causes set down for judgment.
(2)The registrar shall ensure that parties are served with a notice of the day when the cause was left for judgment: Provided that any one of the parties may, by a note filed in the registry, exempt the registrar from the duty of service of such notice.
(3)Service of this notice shall be effected in line with the procedure provided in sub-articles
(1)and
(4)of article 187 and if such is not possible, service shall be effected by the officer charged with service, by attaching the notice at the last address provided by the parties in the acts of the appeal. Notice to be delivered in writing. (4 The said notice shall be in writing. If the appellant is not served with the said notice, the registrar, unless he has been exempted as stated in sub-article
(1), shall, within ten days, inform in writing the advocate of such party that the notice has not been served, and the advocate shall sign a copy of the receipt of such communication: Provided that no action shall lie against the advocate for failure to inform any such party. Power of court.
(5)It shall be lawful for the court, to proceed to judgment or, to order the hearing of a cause the written pleadings whereof have been closed, irrespective of its turn. Default of written pleadings not to debar party from appearing at hearing of cause. Amended by: IV.1862.8; XXXI.1934.21. Substituted by: XXXII.2021.7. 153.
(1)The default of the filing of a reply to an appeal or crossappeal shall not debar the party who was entitled to file such act by bringing an application before the court for the purpose of being awarded the right to submit written submissions and to produce evidence thereof provided he gives, in the opinion of the court, a good reason for such default within the time required by law.
(2)Such application may not be brought if more than ten
(10)days have elapsed from the service of the notice of the day of when the cause was scheduled for judgment.
(3)Where a hearing of an appeal is to be held, the failure to file written pleadings shall not debar the party who was entitled to file such written pleadings to appear at the hearing of the cause and bring his evidence if he gives, in the opinion of the court, good reason for failure to file such. CODE OF ORGANIZATION AND CIVIL PROCEDURE Title II O F THE MODE OF P ROCEDURE BY SWORN APPLICATION 154.
(1)The procedure by sworn application is considered to institute a cause, when the court issues or gives an order to a party to appear before it on the day and at the hour appointed, in order to show cause why the claim contained in the sworn application should not be allowed. Substituted: XXII.2005.14. Proceedings by sworn application. Substituted by: XXVII.1979.4; XIII.1985.2. Amended by: XXII.2005.15.
(2)In the appointment of such day allowance shall be made for the time required for the preliminary written procedures of the case to be closed, provided that in urgent cases the court may appoint a day for the trial of the case before the close of the preliminary written procedures. 155. (Repealed by Act XXII.2005.16.). 156.
(1)The sworn application shall be prepared by the plaintiff and shall contain (
  1. a)a statement which gives in a clear and explicit manner the subject of the cause in separate numbered paragraphs, in order to emphasise his claim and also declare which facts he was personally aware of; (
  2. b)the cause of the claim; (
  3. c)the claim or claims, which shall be numbered;.and Form of writ of summons. Amended by: IX 1886.22. Substituted by: XXVII.1979.5. Drawing up and contents of sworn application. Amended by: IX.1886.22; XXXI.1934.22; XXVIII.1935.4; XXVII.1979.6; XIII.1985.3; XXIV.1995.67; XXII.2005.17; I.2006.12. (
  4. d)in every sworn application, the following notice shall be printed in clear and legible letters immediately under the Court heading: “Whosoever is in receipt of this sworn application in his regard shall file a sworn reply within twenty
(20)days from the date of service thereof, which is the date of receipt. Should no written sworn reply be filed in terms of the law within the prescribed time, the Court shall proceed to adjudicate the matter according to law. It is for this reason in the interest of whosoever receives this sworn application to consult an advocate without delay that he may make his submissions during the hearing of the case.”.
(2)Such documents as may be necessary in support of the claim shall be produced together with the sworn application. Production of documents.
(3)The sworn application shall be confirmed on oath before the registrar or legal procurator appointed as Commissioner for Oaths under the Commissioners for Oaths Ordinance. CODE OF ORGANIZATION AND CIVIL PROCEDURE
(4)The plaintiff shall together with the declaration also give the names of the witnesses he intends to produce in evidence stating in respect of each of them the facts and proof he intends to establish by their evidence.
(5)Where several actions are brought together as provided in article 161
(3),
(4)and
(5), it shall at least be one of the plaintiffs wh o sh all confirm on oat h before t he registrar o r the legal procurator appointed as Comm issioner for Oaths under the Commissioners for Oaths Ordinance, and the provisions of subarticle
(1)(a) shall apply.
(6)The application shall be served on the defendant.
(7)The registrar shall not receive any application which does not satisfy the elements of sub-article
(1)and the court shall not allow any witness to be produced unless his name shall have been given together with the application. If the necessity of producing a witness arises at any time after the filing of the sworn application or if the opposite party gives his consent in the manner prescribed in article 150
(1)(c), or if the court deems it in the interest of justice to hear a particular witness, the court may allow such witness to be heard.
(8)When the proof intended to be established by each witness is not stated or adequately stated in the declaration, the court shall on the first day appointed for the pretrial hearing order the plaintiff to indicate adequately the proof he intends to establish by each witness within a time to be fixed by the court. Cumulative writ of summons. Added by: XIII.1985.
  1. 156A. Repealed by: XXIV.1995.
  2. Service of sworn application. Amended by: IX.1886.23; XV.1913.45,46; XXXI.1934.23,
  3. Substituted by: XXVII.1979.7; XXIV.1995.69; XXXI.2002.
  4. Amended by: XXII.2005.
  5. Substituted by: XLV.2016.
  7. It shall be the responsibility of the plaintiff to cause a copy of the sworn application, any affidavit of the plaintiff and of the documents attached with the application to be served on the defendant, and such service shall be effected through the Registrar. Sworn reply and note of admission, filing, etc. Amended by: IX.1886.24; XV.1913.47; XXXI.1934.25; XXVIII.1935.
  8. Substituted by: XXVII.1979.
  9. Amended by: XXXI.1980.3; XV.1983.2; XXIV.1995.70; XXII.2005.
  10. 158.
(1)The defendant shall file his sworn reply within twenty days from the date of service, unless he intends to admit the claim.
(2)Where the defendant intends to admit the claim wholly and unconditionally, he shall file a note to that effect.
(3)Otherwise, he shall file a sworn reply containing (
  1. a)any such pleas as would be taken to be waived if not raised before the contestation of the suit; (
  2. b)a clear and correct statement of the pleas on the merits of the claim or claims without reference to authorities; CODE OF ORGANIZATION AND CIVIL PROCEDURE (
  3. c)the defendant, or one of the defendants if there are more than one defendant, shall also confirm on oath in the sworn reply with numbered paragraphs, all the facts concerning the claim, denying, admitting or explaining the circumstances of fact set out in plaintiff’s declaration, while stating which facts are within his own knowledge.
(4)The sworn reply shall be confirmed on oath before the registrar or legal procurator appointed as Commissioner for Oaths under the Commissioners for Oaths Ordinance. The defendant shall also indicate the names of the witnesses he intends producing and to state with regard to each one of them what he intends proving by means of their evidence. There shall also be filed together with the sworn reply such documents as may be required to sustain the pleas.
(5)The registrar shall not receive any sworn

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