(5)The registrar shall not receive any sworn reply which is not accompanied by the listed requirements in sub-article (3), and the court shall not allow any witness to be produced whose name shall not have been given in such declaration. If the necessity of producing a witness arises at any time after the filing of the declaration, or if the opposite party gives its 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 a witness to be heard.
\n
(6)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 defendant to indicate adequately the proof he intends to establish by each witness within a time to be fixed by the court.
\n
(7)Where the defendant is absent or is a minor or a person incapable according to law or a vacant inheritance, and is represented by an attorney or a curator, then, instead of the declaration referred to above, a declaration may be made to the effect that the facts of the case are unknown and that it has not been possible to obtain the necessary information to contest the claim.
\n
(8)Simultaneously with the filing of the note admitting the claim or of the sworn reply, as the case may be, the defendant shall cause an identical copy thereof, certified by himself or his advocate, to be served through the registry on the plaintiff or his advocate.
\n
(9)Non-compliance with the provisions of sub-article (7) may be taken into account by the court in the application of the provisions of article 223(3).
\n
(10)If the defendant makes default in filing the sworn reply mentioned in this article, the court shall give judgment as if the defendant failed to appear to the summons, unless he shows to the satisfaction of the court a reasonable excuse for his default in filing the sworn reply within the prescribed time. The court shall, however, before giving judgement allow the defendant a short time which may not be extended within which to make submissions in writing to defend himself against the claims of the plaintiff. Such CODE OF ORGANIZATION AND CIVIL PROCEDURE submissions shall be served on the plaintiff who shall be given a short time within which to reply.
\n
(11)The sworn reply, after the conclusion of the evidence of the plaintiff and before the defendant produces his evidence, may be amended by means of a separate statement either withdrawing any of the pleas set up or adding new pleas, saving those pleas which may be set up at any stage of the proceedings.
\n
(12)With the filing of the sworn reply or on the expiration of the t erm s l aid dow n i n su b-art icle (1 ), t he prelim in ary writ ten procedures shall be deemed to be closed, and articles 151 and 152 shall apply.
\n
(13)Notwithstanding the foregoing provisions of this article, where the court has appointed a day for the trial of the case before the time allowed for the filing of the sworn reply in accordance with this article, the defendant shall file the sworn reply not later than the time at which the case is first heard, and may also file them before the court at such hearing and serve a copy thereof on the plaintiff by delivering a copy to him or his advocate at that same hearing.
\n
The sworn application and the reply not to contain comments or superfluous matter.
\n
Amended by:
\n
IV.1862.9;
\n
VI.1880.20;
\n
IX.1886.24;
\n
XXII.2005.20.
\n
159.(1) Except a reference to the law, the sworn application and the sworn reply, which are to be in a summary form, may not contain any comment nor any matter which is not necessary for a statement of the material facts as regards the sworn application, or for a rebuttal of those facts or for an indication of the pleas as regards the sworn reply.
\n
Affidavits of witnesses.
\n
Amended by:
\n
XV.1913.48.
\n
Substituted by:
\n
XXIV.1995.71.
\n
Amended by:
\n
XXII.2005.21.
\n
160.Any party intending to produce a witness in any proceedings before any court may, together with the sworn application or the sworn reply, as the case may require, file in the registry of such court an affidavit taken by such witness before a judicial assistant or any other p erson authorised by law to administer oaths, and a copy of such affidavit shall be served on the other party.
\n
(2)In the case of non-compliance, the court may order any superfluous matter to be struck out, or the written pleading to be r e m o v e d f r o m t h e r e c o r d a n d r e p l a c e d b y a n o t h e r m a de i n accordance with the provisions of this article.
\n
Title III
\n
O F THE O RDINARY MODE OF P ROCEDURE IN CONTENTIOUS MATTERS AS APPLIED TO THE RESPECTIVE COURTS CODE OF ORGANIZATION AND CIVIL PROCEDURE 161. (1) In the Superior Courts and in the Courts of Magistrates in Malta and in Gozo, proceedings are ordinarily taken by application while those in the superior shall be sworn.
\n
(2)Proceedings may also be taken by application in the cases prescribed by or under a law.
\n
(3)Two or more plaintiffs may bring their actions by one sworn application or by one not sworn application as the case may be, if the actions are connected in respect of the subject matter thereof or if the decision of one of the actions might affect the decision of the other action or actions and the evidence in support of one action is, generally, the same to be produced in the other action or actions.
\n
The cause and subject matter of the actions shall be clearly and specifically stated in respect of each plaintiff.
\n
Mode of procedure in the Civil Court, First Hall, and in the Court of Magistrates (Gozo) in its superior jurisdiction.
\n
Amended by:
\n
XV.1913.49;
\n
XIII.1964.19;
\n
VIII.1990.3.
\n
Substituted by:
\n
XXIV.1995.72.
\n
Amended by:
\n
XXII.2005.22.
\n
(4)Nevertheless, any of the actions so brought together shall be tried separately at the request of a plaintiff with regard to his action; and the court may also order that any action be tried separately when it is not expedient that the actions of all the plaintiffs be tried together. Any such order may be made at any stage of the proceedings before final judgement.
\n
(5)Where the several actions are brought together as provided in sub-article (3) they shall be taken cumulatively for determining the competence of the court. Such court shall remain competent in respect of any action separated in accordance with sub-article (4).
\n
162.Repealed by: XXIV.1995.73.
\n
Proceedings by writ of summons.
\n
Amended by:
\n
XI.1859.5;
\n
XV.1913.50.
\n
163.Repealed by: XXIV.1995.74.
\n
Mode of procedure in Commercial Court and in Gozo court in its superior commercial jurisdiction.
\n
Amended by:
\n
XI.1859.6;
\n
XV.1913.51;
\n
VIII.1990.3.
\n
164.(1) Saving the provisions of article 175, nullity shall ensue if proceedings which should have been instituted by sworn application or by application of appeal are instituted by any other judicial act.
\n
(2)No nullity shall ensue if a cause which should have been instituted by application is instituted by sworn application:
\n
Provided that any additional costs incurred shall be borne by the plaintiff:
\n
Provided further that the provisions of this sub-article shall apply where in accordance with any law other than this Code proceedings are to be instituted by application.
\n
Nullity of proceedings.
\n
Amended by:
\n
XI.1859.6.
\n
Substituted by:
\n
XXIV.1995.75.
\n
Amended by:
\n
XXII.2005.23.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE Leave to file written submissions.
\n
Amended by:
\n
XI.1859.6;
\n
XXXI.1934.26.
\n
165.It shall be lawful for the court, on the case being closed, at the request of either of the parties, to grant leave for filing, within a time to be fixed by the court, a written pleading containing a summary of his submissions provided the opposite party shall not show that such leave would cause a delay to his prejudice.
\n
Written submissions in reply.
\n
Amended by:
\n
XI.1859.6;
\n
XXXI.1934.27.
\n
166.Where leave as provided in the last preceding article is granted to either of the parties, the opposite party shall be entitled to file in reply another written pleading within a time equal to that which shall have been fixed by the court as aforesaid, to be reckoned from the day of the service of the written pleading for the filing of which the court shall have granted leave.
\n
Special procedures in respect of certain unopposed claims etc.
\n
Added by:
\n
IX.2004.4.
\n
Amended by:
\n
XXII.2005.24;
\n
VII.2007.13;
\n
L.N. 407 of 2007;
\n
IV.2016.5.
\n
166A. (1) In actions for the recovery of a debt certain, liquidated and due not consisting in the performance of an act, and where the amount of the debt does not exceed twenty-five thousand euro (€25,000), or such other sum as may be established from time to time by Order in the Gazette by the Minister, it shall be lawful for the creditor to proceed in accordance with the following subarticles of this article:
\n
Provided that where the debt is not liquidated the creditor may proceed in accordance with this article if he limits his debt to an amount not exceeding twenty-five thousand euro (€25,000) and expressly renounces to any part of his claim that may upon liquidation exceed the said sum of twenty-five thousand euro (€25,000), or such other sum as may be established from time to time by Order in the Gazette by the Minister:
\n
Provided further that the creditor may only proceed according to this article if the debtor is present in Malta and is not a minor or a person incapacitated according to law or if the debt is not due by a vacant inheritance. The appointment of curators under
\n
Title XI of Book Third of this Code shall not apply to proceedings
\n
under this article:
\n
Provided further that, without prejudice to the provisions of the Motor Vehicle Insurance (Third Party Risk) Ordinance, when a debt to which this article applies is covered by an insurance policy the insured shall, without prejudice to that stipulated in the insurance policy, within fifteen days from service upon him of the judicial letter made in accordance with this article, give to the insurer notice in writing of the said judicial letter and of any particulars of the claim of which he is aware. In default, any executive title obtained in accordance with this article shall have no effect with regard to the insurer.
\n
(2)The creditor shall proceed by filing a judicial letter which shall be drawn up in the form established by legal notice by the Minister responsible for Justice and the content of which shall be confirmed on oath by the creditor, either before the registrar or legal procurator appointed as Commissioner for Oaths under the Commissioners for Oaths Ordinance, to be served upon the debtor wherein shall be stated clearly, under pain of nullity, the cause of the claim, the reasons why the claim should be upheld, and a statement of facts in support of the claim:
\n
Provided that sub-articles (3), (5) and (6) of article 187 of CODE OF ORGANIZATION AND CIVIL PROCEDURE this Code may not be availed of to effect the service of the aforesaid judicial letter.
\n
(3)The judicial letter shall also on pain of nullity contain an intimation to the debtor that if he does not reply within thirty days from service upon him of the said judicial letter by presenting a note in the record of the said judicial letter rebutting the claim and which note may be signed and presented in court by the debtor himself without the signature of an Advocate or of a Legal Procurator being required, such official letter shall, constitute an executive title:
\n
Provided that: (a) the debtor may in such note admit the claim in part only and oppose it in other parts, and where the claim is opposed in part only it shall be deemed admitted to the extent that it has not been so opposed; (b) where the debtor shall have opposed a claim or part of a claim which is subsequently upheld, the costs relative to the claim or part thereof opposed and subsequently upheld shall be borne by him; (c) the costs of any claim or part thereof that is opposed and not subsequently upheld shall always be borne by the creditor; (d) where the debtor has duly opposed the claim, the special procedure contained in this article may not be used again against the debtor as regards the same claim contained in the judicial letter served on the debtor; and (e) where the claim arises under the Motor Vehicle Insurance (Third Party Risk) Ordinance the said judicial letter shall under pain of nullity be also notified to the authorised insurance which shall have the same rights under this article as though it were the debtor as aforesaid.
\n
(4)Where the debtor does not oppose the claim, within thirty days from the notification thereof to the debtor, or where the debtor only opposes the claim in part within the aforesaid term, the judicial letter shall for the purposes of any law in respect of the claim so unopposed or the part therein so unopposed, constitute an executive title as if such judicial letter were included in article 253(a).
\n
(5)Any executive title obtained according to the provisions of this article in the absence of any opposition on the part of the debtor shall be rescinded and declared null and void if upon a request by application in the Court of Magistrates (Malta) or in the Court of Magistrates (Gozo), as the case may be, to be filed by the debtor within twenty days from the first service upon him of any executive warrant or other judicial act based on the said title, the court is satisfied that: (i) the debtor was unaware of the said judicial letter CODE OF ORGANIZATION AND CIVIL PROCEDURE because he was not duly notified; or (ii) the judicial letter did not contain the requirements laid down in sub-articles (1), (2) or
\n
(3):
\n
Provided that the said application shall be appointed for hearing within two weeks.
\n
(6)No opposition other than that specifically provided for in sub-article (5) shall stay the issue or execution of any executive act obtained thereunder or the paying out of the proceeds of any warrant or sale by auction carried out in pursuance thereof.
\n
(7)Notwithstanding the other provisions of this article, where a judicial letter filed in terms of this article is not notified upon the debtor within six months from when the said letter is filed, the procedure provided for in this article shall no longer apply without prejudice to the right of the creditor to file another judicial letter in terms of this article with respect to the same claim.
\n
Registration of Executive Titles obtained pursuant to article 166A.
\n
Added by:
\n
IX.2004.4.
\n
166B. (1) A judicial letter issued in terms of article 166A shall not constitute an executive title unless it is registered according to the provisions of this article which shall apply to the registration of such judicial letters as executive titles.
\n
(2)The applicant for the registration of a judicial letter which qualifies as an executive title shall present to the Registrar of the Court a legal copy of the judicial letter, including evidence of service, and a copy of any response received thereto, if any.
\n
(3)Upon receipt of the documents described in sub-article (2) the Registrar shall examine the documents presented and shall verify whether the debtor has filed a note of reply within the stipulated time and if he is satisfied that the conditions for the registration of the judicial letter as an executive title subsist he shall proceed to register the documents presented in a register to be known as the Register of Judicial Letters as Executive Titles which shall be maintained by the Registrar for the purposes of article 166A.
\n
Special summary proceedings.
\n
Repealed by:
\n
IX.1886.25.
\n
Re-enacted by:
\n
XV.1913.52.
\n
Amended by:
\n
XXXI.1934.28;
\n
VIII.1990.3;
\n
XXIV.1995.76;
\n
IV.1996.16;
\n
XXII.2005.25;
\n
VII.2007.14;
\n
XXXVII.2021.36.
\n
167.(1) In actions within the jurisdiction of the superior courts or the Courts of Magistrates (Gozo) in its superior jurisdiction, where the demand is solely (a) for the recovery of a debt, certain, liquidated and due, not consisting in the performance of an act; or (b) for the eviction of any person from any urban or rural tenement, with or without a claim for ground rent, rent or any other consideration due or by way of damages for any compensation, up to the date of the surrender of the tenement, or (c) for the eviction of an operator, lessee or other occupants, including any members of their staff from seagoing vessels or aircrafts, it shall be lawful for the plaintiff to pray in the sworn application that the court gives judgment allowing his demand, without CODE OF ORGANIZATION AND CIVIL PROCEDURE proceeding to trial:
\n
Provided that the plaintiff shall, in his declaration made in terms of article 156(3) state that in his belief there is no defence to the action:
\n
Provided further that the plaintiff may also file a sworn affidavit of any other person, containing facts relative to the claim, and confirming that such facts are within the knowledge of such a person.
\n
(2)In the cases provided for in this article, the sworn application shall be in writing according to the prescribed form and shall contain an order to the defendant to appear before the court, on an appointed day and at a stated time.
\n
(3)The provisions of article 156(1)(a), (b) and (c), (2) and (3) and of article 159 shall apply to the said sworn application.
\n
168.A copy of the declaration and any affidavit and of the note of the documents produced with the sworn application shall be served upon the defendant, together with the sworn application.
\n
Service on defendant.
\n
Repealed by:
\n
IX.1886.25.
\n
Re-enacted by:
\n
XV.1913.52.
\n
Amended by:
\n
XXIV.1995.77;
\n
XXII.2005.26.
\n
169.In the cases referred to in article 167, the sworn application shall be served on the defendant without delay; and he shall be ordered to appear not earlier than fifteen days and not later than thirty days from the date of service:
\n
Time for service of sworn application.
\n
Repealed by:
\n
IX.1886.25.
\n
Added by:
\n
XV.1913.52.
\n
Substituted by:
\n
XXIV.1995.78.
\n
Amended by:
\n
XXII.2005.27.
\n
Provided that in the case of non-observance of the provisions of this article the court shall not stop proceedings by special summary proceedings but shall give such orders as it may consider appropriate so that the rights of the parties be not prejudiced.
\n
169A. The sworn application, the declaration and any affidavit and note produced therewith, and any order referred to in articles 168 and 169 shall be served by means of any executive officer of the courts.
\n
Mode of service.
\n
Added by:
\n
XIII.1985.5.
\n
Substituted by:
\n
XXIV.1995.79.
\n
Amended by:
\n
XXII.2005.28.
\n
170.(1) If the defendant fails to appear to the sworn application, or if he appears and does not impugn the proceedings taken by the plaintiff, on the ground of irregularity or inapplicability, or, having unsuccessfully raised such plea, does not by his own sworn evidence, or otherwise, satisfy the court that he has a prima facie defence, in law or in fact, to the action on the merits, or otherwise disclose such facts or issues of law as may be deemed sufficient to entitle him to defend the action or to set up a counter-claim, the court shall forthwith give judgment, allowing the plaintiff’s claim. The defendant may make his submissions to impugn the proceedings taken by plaintiff on the ground of irregularity or inapplicability by means of a note to be filed in the registry of the court or during the hearing.
\n
Trial in special summary proceedings.
\n
Repealed by:
\n
IX.1886.25.
\n
Re-enacted by:
\n
XV.1913.52.
\n
Amended by:
\n
XXXI.1934.29;
\n
XXIV.1995.80;
\n
L.N. 181 of 2006.
\n
(2)If the defendant successfully impugns the proceedings on CODE OF ORGANIZATION AND CIVIL PROCEDURE the ground of irregularity, or inapplicability, or if he satisfies the court that he has a prima facie defence to the action, or discloses such facts or issues of law as may be deemed sufficient to entitle him to defend the action or to set up a counter-claim, he shall be given leave to defend the action and file a statement of defence within twenty days from the date of the order referred to in subarticle (4), in which case the defendant shall comply with the provisions of article 158 so far as applicable.
\n
(3)Where leave to defend is given, the action shall be tried and determined, on the same acts, in the ordinary course as provided in this Code.
\n
(4)The order giving leave to defend shall be made orally, a record thereof being kept in the proceedings.
\n
Mode of procedure in inferior courts.
\n
Amended by:
\n
XI.1859.7;
\n
VII.1880.8;
\n
XV.1913.53,54;
\n
XXIII.1971.12;
\n
XLIX.1981.6;
\n
VIII.1990.3.
\n
Substituted by:
\n
XXIV.1995.81.
\n
Amended by:
\n
XXXI.2002.57;
\n
XXII.2005.29.
\n
171.(1) In the Court of Magistrates (Malta) and in the Court of Magistrates (Gozo) in its inferior jurisdiction, proceedings shall be by application which shall be according to the prescribed form and take the form of a mere notice signed by the Registrar, containing the name and the surname of the plaintiff and of the defendant, the demand of the plaintiff, and the day and hour when the defendant is to appear, besides other particulars as may from time to time be prescribed.
\n
Mediation.
\n
Added by:
\n
VIII.2017.7.
\n
171A. On the day appointed for the first hearing, the Court shall e x a m i n e p r i m a f a c i e w h e t h e r, d u e t o ci r c u m st an ce s o f t h e particular case, there are grounds to refer the issue to mediation, and the following provisions shall apply:
\n
(2)The cause shall be summarily heard in terms of article 215.
\n
(3)Without prejudice to article 23, in the said courts, the judgment need not contain all the reasons thereof, but may merely list the main points upon which the court would have based its conclusions. (a) the Court shall give a decree to the effect, in camera, on the appointed day itself; (b) the provisions of article 18 of the Mediation Act shall apply when the Court decrees that an attempt should be made to resolve the dispute by means of mediation; (c) no appeal shall lie against Court decree, delivered in terms of paragraph (a); and (d) the provisions of this article shall not apply in instances when an obligation to resort to mediation arises under another law or in cases of judicial review under article 469A or in cases where the Civil Court acts in its constitutional jurisdiction.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE 172. (1) Where a reversal or variation of any judgment delivered by the Court of Magistrates (Malta) or by the Court of Magistrates (Gozo) in its inferior jurisdiction, is sought, proceedings shall in all cases be taken by application of appeal.
\n
(2)The application of appeal as well as any other subsequent act may even be signed by the appellant or by the respondent only.
\n
173.(1) The court may, in order to ensure full compliance with all matters of procedure, or to seek more detailed information, or to expedite or facilitate proceedings or to avoid the unnecessary appearance of parties or witnesses, give in camera all such orders and directives it may think fit, and it shall be sufficient that such orders or directives be communicated by the registrar even by letter to the advocates or legal procurators of the parties, which letter is to be handed personally to such advocate or legal procurator, and, by post, to the parties themselves. This provision shall apply to any stage of the proceedings before judgment is delivered. An appeal from such orders or directives, where admissible, may be entered only after the definitive judgment and together with an appeal from such judgment, and such orders or directives may not be challenged before the definitive judgment is delivered.
\n
Mode of procedure in appeals from judgments of inferior courts.
\n
Amended by:
\n
XI.1859.8;
\n
VII.1880.8;
\n
IX.1886.26;
\n
XV.1913.56;
\n
XXVII.1979.10;
\n
VIII.1990.3;
\n
XXIV.1995.82;
\n
XXII.2005.30.
\n
Orders in camera.
\n
Amended by:
\n
VII.1880.8;
\n
IX.1886,27;
\n
XV.1913.57.
\n
Substituted by:
\n
XXVII.1979.11.
\n
Amended by:
\n
XXIV.1995.83;
\n
XXXI.2002.58;
\n
XVI.2004.33;
\n
VII.2007.15.
\n
(2)Without prejudice to the foregoing provisions of this article the court may, at any stage of the proceedings (a) either on its own motion or on an application by any party to the proceedings, direct that the evidence of any person intended to be produced as a witness be taken before a judicial assistant at such place and time under such conditions as may be specified in the order; (b) on an application by any party to the proceedings, desiring to confirm a fact stated in the application, or in a note accompanying it, by the affidavit of a person named by the party, order the person so named to appear for that purpose before a judicial assistant at such place and time as may be specified in the order; (c) either on its own motion or on a note filed by any party to the proceedings, direct that proceedings be stayed for such period as it considers appropriate, and refer the parties to a mediator in accordance with the Mediation Act.
\n
(3)In the case of an order given under sub-article (2)(b), the judicial assistant shall ask the person named whether he confirms or denies each fact specified in the application or note and shall make a record of th e repl ies given tog ether with any other statement, if any, qualifying his reply, and cause such record to be confirmed on oath by the person aforesaid. The judicial assistant shall insert the affidavit in the records of the case and cause a copy thereof to be served on the parties.
\n
(4)When an application as in referred to in sub-article (2)(b) is CODE OF ORGANIZATION AND CIVIL PROCEDURE filed together with any written pleading referred to in article 160, the Court may direct that the service of such written pleading shall be suspended for such period, not exceeding three months, as the court may determine.
\n
Title IV
\n
P ROVISIONS APPLICABLE TO W RITTEN PLEADINGS AND OTHER A CTS OF PROCEDURE Contents of written pleadings.
\n
Amended by:
\n
XV.1913.58;
\n
XXXI.1934.30;
\n
XXIII.1971.13;
\n
XXVII.1979.12;
\n
VIII.1990.3,4;
\n
XXIV.1995.84;
\n
XXXI.2002.59;
\n
XXII.2005.31;
\n
L.N. 426 of 2012.
\n
174.(1) Every written pleading shall contain (a) an indication of the court or section thereof in which the pleading is filed, and, in the case of the Court of Magistrates (Gozo), an indication of the jurisdiction of the court; (b) the name and surname of the party pleading and of the party against whom the pleading is directed, and the designation, if any, of the capacity in which the parties appear:
\n
Provided that in any case as is referred to in article 181(1), it shall be sufficient to designate the office of the party pleading or of the party against whom the pleading is directed, as the case may be; (c) the description of the pleading; and (d) if the pleading refers to an action already brought before any of the superior courts, the number of that sworn application to which it refers.
\n
(2)Every written pleading or other act requiring service, must be accompanied by: (a) a legally valid identification document number, if any, if the person is pleading in his personal capacity; (b) the company number if the person pleading is a partnership or company registered in accordance with the Companies Act; (c) a proper and full indication of the place of residence or business of the party pleading and the professional address of his advocate and, or, legal procurator; (d) a proper and full indication of the place of residence or business and of the party against whom the pleading or act is directed; (e) any other particulars as may serve to identify the said parties as may be established by law or regulation.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE 175. (1) The court may, at any stage of the proceedings, at the request of any of the parties, until judgment is delivered after hearing where necessary the parties, order the substitution of any act or permit any written pleading to be amended, either by adding or striking out the name of any party and substituting another name therefor or by correcting any mistake in the name or in the character of the parties, or by correcting any other mistake or by causing other submission of fact or of law to be added even by separate note, provided that no such substitution or amendment shall affect the substance either of the action or of the defence on the merits of the case.
\n
Power of court to order or permit amendment of written pleadings.
\n
Amended by:
\n
XV.1913.59;
\n
XIII.1964.20.
\n
Substituted by:
\n
XXIV.1995.85.
\n
Amended by:
\n
IV.2016.6.
\n
(2)Any court of appellate jurisdiction may also order or permit, at any time until judgment is delivered, the correction of any mistake in the application by which the appeal is entered or in the answer, including any mistake in the indication of the court which delivered the decision appealed from, in the name or character of the parties, or in the date of the judgment appealed from:
\n
Provided that any court of appellate jurisdiction may also order corrections in the judgment of the court of first instance and other corrections that the court of appellate jurisdiction considers to be justified in the acts of the case at any stage of the appeal proceedings until the appeal is adjourned for judgment, at the request of any of the parties, and after granting the parties an opportunity to be heard:
\n
Provided further that a court of appellate jurisdiction may also order corrections in a judgment which it has delivered upon an application filed by any of the parties within thirty days from the date of the judgment.
\n
(3)Any judicial or administrative omission or mistake in a judicial act may until the court shall have delivered judgment and disposed of the case be remedied by a court of its own motion.
\n
176.(1) Pleadings shall be printed, type-written or written in ink:
\n
Provided that in every case they shall be drawn up in clear and easily legible characters, without blank spaces, interlinear words, abbreviations or erasures, and, except with the written authority of the registrar given before the filing of the act, without corrections, alterations or additions.
\n
Mode of drawing up pleadings.
\n
Amended by:
\n
XV.1913.60.
\n
Substituted by:
\n
XIX.1965.7.
\n
Amended by:
\n
XXIV.1995.86;
\n
XXXI.2002.60.
\n
(2)Any quantity, sum or measure shall, at least where it first occurs in the pleading, be expressed in words.
\n
(3)The copies of the pleadings, as would be required for the service thereof, shall be signed by the same persons as the original.
\n
177.The words \"with costs\" shall in all cases be deemed to be included in any written pleading where costs may be asked for. \"With costs.\"
\n
178.The written pleadings and the applications whether sworn or not shall be signed by the advocate and also by the legal procurator, if any.
\n
Signing of written pleadings.
\n
Amended by:
\n
XXIV.1995.87;
\n
XXII.2005.32.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE Where, when and how written pleadings are filed.
\n
Amended by:
\n
VII.1856.1;
\n
XV.1913.61;
\n
VIII.1990.3;
\n
XXXI.2002.62.
\n
179.Written pleadings shall be filed in the registry of the respective court during the time in which, according to the regulations, the registries are kept open.
\n
Persons who may file written pleadings.
\n
Amended by:
\n
IX.1886.28;
\n
XV.1913.62;
\n
XXIII.1971.14;
\n
XLVI.1973.108;
\n
XXIV.1995.88;
\n
XXIII.2017.19;
\n
XXXIV.2025.3.
\n
180.(1) Subject to the provisions of article 181, written pleadings may be filed (a) personally by the party pleading in his own name, or by the person pleading in a representative capacity as the parent of the children placed under his parental authority, or as the tutor, curator, administrator of the community of acquests, executor, head of a department or other public administrator, or as attorney on behalf of any church, community, hospital, or other pious institution or as administrator of property under litigation, or as partner or representative of a commercial firm, or as any of the persons mentioned in article 181A(2) in the case of a body having a distinct legal personality, or as agent or representative of any other lawful association, or as attorney on behalf of persons absent from the Island, either of Malta or Gozo, in which the written pleading is filed; (b) by a legal procurator; (c) by any other partner of a commercial firm to which the written pleading refers; (d) by an ascendant, descendant, brother or sister, uncle or aunt, nephew or niece, any one of the parents of his spouse, any one of the spouses of his children, spouse, appointed as an attorney for the purpose, by the party pleading whose signature is duly attested in accordance with article 634(2); (e) by any joint party to the suit; (f) by an advocate, if the written pleading is to be filed in any of the inferior courts, or in the Court of Appeal in cases of appeal from judgments of the inferior courts.
\n
(2)Nevertheless, no written pleading containing a waiver of the proceedings or an admission of the claim or the consent for the withdrawal of any deposit, may be filed by any person other than (i) the persons mentioned in sub-article (1)(a) and (c), or (ii) an attorney specially authorized for the purpose, or (iii) the advocate, if any such written pleading is filed during the hearing of the cause.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE 181. (1) When a written pleading is to be filed by the Prime Minister or other Minister, by a head of department or other public administrator, it shall be sufficient if there is designated in such pleading the office of the person filing it and it shall not be necessary to name the person for the time being holding such office.
\n
Written pleadings filed by a Minister or a public officer.
\n
Added by:
\n
XXIII.1971.15.
\n
Amended by:
\n
XXIV.1995.89.
\n
(2)No formality shall be necessary in the records of a case or in any court proceedings upon any change in the person of the holder of any office designated as aforesaid or on the appointment of any person in an acting capacity in any such office or where such office is merged with another office.
\n
(3)The provision of the last preceding sub-article shall apply also where there is named in any written pleading the person for the time being filling the office designated in such pleading, provided that such office is clearly designated.
\n
(4)The provisions of sub-articles (1), (2) and (3) shall apply also in respect of the party against whom the pleading is to be directed where such party is the holder of an office referred to in the said sub-article (1).
\n
181A.(1) Where a written pleading is filed by or against a body having a distinct legal personality, it shall be sufficient to state the name of such body.
\n
(2)Any declaration or pleading to be sworn in terms of law shall, in the case of a body having a distinct legal personality, be sworn by the person or persons vested with the legal or judicial representation thereof or by any company secretary or by any other person authorised in writing by such body to file judicial acts on its behalf or to make any such declaration, sworn reply or sworn pleading.
\n
Written pleadings filed by or against a body having a distinct legal personality.
\n
Added by:
\n
XXIV.1995.90.
\n
Amended by:
\n
XXII.2005.33.
\n
(3)When a written pleading is to be filed by or against a ship or other vessel, it shall be sufficient if there is designated the name of such ship or other vessel, as the case may be, and it shall not be necessary to mention the name of any person to represent such ship or other vessel:
\n
Provided that the written pleadings mentioned in this sub-article shall be served in accordance with the provisions of article 187(7).
\n
181B. (1) The judicial representation of the Government in judicial acts and actions shall vest in the head of the government department in whose charge the matter in dispute falls: article:
\n
Provided that, without prejudice to the provisions of this (a) actions for the collection of amounts due to Government may in all cases be instituted by the Accountant General; (b) actions involving questions relating to Government employment or to obligations to serve Government may in all cases be instituted by the Principal Permanent Secretary;
\n
Judicial representation of Government.
\n
Added by:
\n
XXIV.1995.91.
\n
Amended by:
\n
XXII.2005.34;
\n
I.2009.50;
\n
XXV.2019.12.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE (c) actions relating to contracts of supplies or of works with Government may in all cases be instituted by the Director of Contracts.
\n
(2)The State Advocate shall represent Government in all judicial acts and actions which owing to the nature of the claim may not be directed against one or more heads of other government departments.
\n
(3)Every application, whether sworn or not, or other judicial act filed against Government shall be served upon each head of a government department against whom it is directed and upon the State Advocate and every time limit for the filing of any reply to any such act by any head of a government department being a defendant or a respondent in judicial proceedings shall not commence to run before the act is served upon the head or heads of the government departments against whom it is directed and upon the State Advocate. The registrar shall not charge any fees for effecting the service on the State Advocate.
\n
Transfer of judicial acts and written pleadings between Courts in Malta and Courts in Gozo.
\n
Added by:
\n
VII.2014.5.
\n
181C. (1) Saving the provisions of article 181D, a judicial act or a written pleading may be filed in the registry of the Civil Courts and Tribunals, Malta, for onward transmission by the registrar of that court to the registrar of the competent civil court or tribunal sitting in Gozo indicated in the judicial act or written pleading.
\n
(2)It shall be sufficient for all purposes of law for a true copy of a judicial act or written pleading to be scanned in the registry of the Civil Courts and Tribunals, Malta, and e-mailed to the registrar of the competent civil court or tribunal in Gozo indicated in the judicial act or written pleading.
\n
(3)The registrar receiving the scanned copy as aforesaid shall acknowledge its receipt by return e-mail to the registrar sending the scanned true copy of the judicial act or written pleading.
\n
(4)The officer effecting service of the scanned copy of a judicial act or written pleading as aforesaid shall deliver to the registrar of the Civil Courts and Tribunals, Gozo, the certificate of service, duly confirmed on oath before the registrar himself who shall transmit it to the registrar of the competent civil court or tribunal in Malta indicated in the judicial act or written pleading and vice-versa. Such delivery may also be made by electronic mail and the registrar receiving the certificate of service as aforesaid shall acknowledge its receipt by return e-mail to the registrar sending the certificate of service.
\n
(5)The provisions of sub-articles (1) to (4), both inclusive, shall mutatis mutandis apply when a judicial act or a written pleading is filed in the registry of the Civil Courts and Tribunals, Gozo, for onward transmission to the competent civil court or tribunal in Malta indicated in the judicial act or written pleading.
\n
(6)The date of filing shall be the date when the judicial act or written pleading was first filed in the registry of the Civil Courts and Tribunals, Malta and not when the judicial act or written pleading was received by the registry of the Civil Courts and Tribunals, Gozo and vice-versa.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE 181D. (1) A request for the issue of a warrant or garnishee order by a civil court or tribunal in Gozo may be filed in the Registry of the Civil Courts and Tribunals, Malta.
\n
(2)The registrar of the Civil Courts and Tribunals, Malta, shall transmit such a request to the registrar of the competent civil court or tribunal in Gozo indicated in the request.
\n
Transfer and execution of warrants and orders between courts in Malta and courts in Gozo.
\n
Added by:
\n
VII.2014.5.
\n
(3)The registrar of the Civil Courts and Tribunals, Gozo shall forward such a request to the competent civil court or tribunal in Gozo indicated in the request to deal with it in terms of law.
\n
(4)If the competent civil court or tribunal in Gozo decrees that such warrant or order is to be executed in Gozo or Comino, a copy thereof shall be transmitted by the registrar of the Civil Courts and Tribunals, Gozo indicated in the request to the registrar of the competent civil court or tribunal in Malta from where the request originated. A copy of the decree shall be served on the person requesting the issue of such warrant or order.
\n
(5)The officer effecting execution shall deliver to the registrar of the competent civil court or tribunal in Gozo indicated in the request the certificate of service or execution, duly confirmed on oath before the registrar himself who shall transmit it to the registrar of the competent court or tribunal in Malta from where the request originated.
\n
(6)The provisions of sub-articles (1) to (4), both inclusive, shall mutatis mutandis apply when a judicial act is filed in the registry of a competent civil court or tribunal in Gozo for onward transmission to the competent civil court or tribunal in Malta.
\n
(7)The date of filing shall be the date when the warrant or a garnishee order was first filed in the registry of the Civil Courts and Tribunals, Malta and not when the warrant or garnishee order was received by the registry of the Civil Courts and Tribunals, Gozo and vice-versa.
\n
182.(1) Where any of the persons mentioned in article 180(1)(b), (c), (d) and (e) has filed any written pleading in terms of that article, such person shall be bound to accept service of any other written pleading relating to the cause, unless the opposite party has been informed by an intimation through the court of the cessation of the character in which the said person had filed the pleading.
\n
Persons filing written pleadings are bound to accept service of other written pleadings.
\n
Amended by:
\n
XXIII.1971.16.
\n
(2)Notwithstanding the provisions of sub-article (1), the notice of trial must be served on the party himself.
\n
Notice of trial to be served on party himself.
\n
183.When a written pleading is filed, the registrar shall write thereon the date of filing, the name and character of the person filing the pleading, and the number of documents produced with the pleading. He shall also draw up the bail bond in respect of costs, whenever bail is required, as well as the bond of the parties where such parties have been admitted to the juratory caution. He shall note down in the margin the amount paid for fees and the name of the person paying them.
\n
Duties of registrar in connection with the filing of written pleadings.
\n
Amended by:
\n
IX.1886.29;
\n
XV.1913.62.
\n
Difficulty about filing of written pleadings.
\n
Amended by:
\n
XI.1980.2;
\n
XXIV.1995.92.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE 184. (1) If any difficulty shall arise in or about the filing of any written pleading, the registrar shall inform the party concerned, but he may not refuse to receive such pleading, except in the cases in which he is expressly enjoined or authorized so to do under the provisions of this Code. In the case of any such difficulty, he shall, as soon as possible, make a report thereof to the court, which shall give the necessary directions for his guidance. He shall, however, refuse to receive any written pleading which is in open violation of the provisions of articles 174, 176 and 178.
\n
(2)In all cases, the registrar shall, upon a request to that effect, state in writing the reason for his refusal.
\n
Service on all parties.
\n
Substituted by:
\n
XXIV.1995.93.
\n
185.Saving the provisions of article 186(1), where an act is to be served on two or more persons even if they live together in the same address each of them shall be served with a copy of such act.
\n
Designation of person to be served with written pleading.
\n
Amended by:
\n
XV.1913.63;
\n
XXIV.1995.94;
\n
XXXI.2002.64.
\n
186.(1) Where two or more parties are pleading together, they shall, on filing the pleading, apart from giving their respective addresses, designate, by means of a note, a person, being one of the persons mentioned in article 180, as that on whom the answer and any other act of the opposite party may be served on behalf of all the parties pleading,
\n
(2)If a pleading is directed against two or more persons, such persons may, on filing a joint answer, designate, by means of a note, a person, being one of the persons mentioned in article 180, as that on whom any act of the opposite party may be served on behalf of all of them.
\n
(3)Where a person is so designated, any service relating to the act in respect of which such designation was made, shall be effected on such person:
\n
Provided that any of such persons may by means of another note declare that he henceforth requires separate service at an address, being the address of his residence or place of business, to be indicated by him.
\n
Mode of service.
\n
Amended by:
\n
VII.1856.2;
\n
XV.1913.63;
\n
XIX.1965.8;
\n
XXVII.1979.13;
\n
XXIV.1995.95;
\n
XXII.2005.35;
\n
II.2012.3;
\n
IV.2016.7.
\n
187.(1) Service shall be effected by the delivery of a copy of the pleading to the person on whom the pleading is to be served, wherever such person may be found. Service may also be effected by leaving such copy at the place of residence or business or place of work or postal address of such person with a member of his family or household or with a person in his service or with his attorney or person authorized to receive his mail. If service is not effected on a first attempt, the officer charged with the service shall make two other a t t e m p t s t o s e r v e t h e c o p y o f t h e p l e a d i n g w i t h o ut f u r t h e r authorisations by the court and such attempts shall be made at different times of the day with the last attempt at service to be made after judicial hours. Each attempt of service is to be made after the payment of the appropriate fee due to the registry. The officer charged with the service shall file a separate certificate of service for each attempt made in the acts of the proceedings:
\n
Provided that it shall not be lawful to leave such copy with CODE OF ORGANIZATION AND CIVIL PROCEDURE any person under the age of fourteen years, or with any person who, at the time of the service, has a mental disorder or other condition, which renders him incapable of giving evidence of such service. A person shall be presumed to be able to give such evidence unless the contrary is proved; and no objection may be raised on the ground of irregularity of the service for any of those reasons, if it is shown th a t t he co py h a s a c t ua l ly r e a c h e d t h e p e r s o n to b e s e r v e d therewith:
\n
Provided further that where a person to whom a pleading is addressed refuses to receive it personally from an executive officer of the courts, the court may upon an application by the interested party and after hearing the executive officer of the courts and considering all the circumstances of the incident, declare by means of a decree that service shall have been effected on the day and time of the refusal and such decree shall be considered as a proof of service for all purposes of law.
\n
(2)In the case of persons on board merchant ships, or members of the crew having no place of residence in Malta, service may be effected by delivering such copy to the master of the ship or any other person acting in that behalf.
\n
(3)If it appears from the certificate of the officer charged with the service of a written pleading or any judicial act that, although it does not result that the person upon whom such a pleading or act is to be served, is abroad, access to his place of residence cannot be obtained, or his place of residence in not known, the court may direct service to be effected by the posting of a copy of the written pleading or act at the place, in the town or district in which official acts are usually posted up, and by publishing a summary of such written pleading or act in the Gazette and in one or more daily newspapers as the court may direct and, where possible, when the residence is known, by posting up a copy of the pleading on the door leading to such residence. The court may also adopt such other measures as it may deem fit to bring the pleading or act to the notice of the person upon whom the same is to be served. In such cases, service shall be deemed to have been made on the third working day after the date of last publication or after the date of such posting, whichever is the later. In cases where service has been ordered with urgency, service shall be deemed to have been made at such time, after posting or publication as the court may determine, which time is to be stated in the publication or posting.
\n
(4)In the case of a body having a distinct legal personality, service on such body shall be effected by leaving a copy of the pleading: (a) at its registered office, principal office, or place of business or postal address with any of the persons mentioned in article 181A(2) or with an employee of such body; or (b) with any of the persons mentioned in article 181A(2) in the manner provided for in sub-article (1).
\n
(5)If it appears from the certificate of the officer charged with the service of a written pleading that service as provided in sub- CODE OF ORGANIZATION AND CIVIL PROCEDURE article (4) has not been effected, the court may, if it appears that at least one of the persons mentioned in article 181A(2) is in Malta, direct service to be effected by the posting up of a copy of the written pleading at the place in the town or district in which official acts are usually posted up, where the body has its registered office, principal office, or place of business, and by publishing a summary of such written pleading in the Government Gazette and in one or more daily newspapers as the court may direct and, where possible, by posting up a copy of the pleading on the door of the registered office, principal office, or place of business. The court may also adopt such other measures as it may deem fit to bring the pleading to the notice of any of the persons mentioned in article 181A(2).
\n
(6)Where it appears that all the persons mentioned in article 181A(2) are absent from Malta or there exist no such persons, the court shall appoint a curator in the interest of such body as provided for in article 929(d).
\n
(7)In the case of an action against a ship or other vessel, service shall be affected by the delivery of a copy of the pleading to the master thereof or any other person acting in that behalf or, in the absence of such persons, on the agent of the ship or other vessel, as the case may be, or in the absence of such persons and agent, on curators appointed by the court in terms of article 929:
\n
Provided that the court may also adopt such other measures as it may deem fit to bring the pleading to the notice of the person upon whom the same is to be served.
\n
(8)Saving the provisions of article 193, service may also be effected by officers of the Post Office in such manner and under such rules in conformity with postal regulations as the Minister responsible for justice may order by notice in the Gazette:
\n
Accessibility of electoral register in electronic format.
\n
Added by:
\n
IV.2016.8.
\n
Provided that, applications of appeal, and sworn applications made under the provisions of the Constitution of Malta and the European Convention Act, shall be served by the executive officers of the courts.
\n
187A. (1) The Chief Electoral Commissioner shall make accessible online and free of charge the electoral register for general elections to the court registries from where the courts, court officers, advocates and legal procurators may access the data contained in such register for purposes related to the service of judicial acts.
\n
(2)The Registrar of Companies shall make accessible, online and free of charge at the Court Registry, such data related to companies required for the purposes of service of judicial acts on such companies, which the courts, court officers, advocates and legal procurators may access.
\n
Certificate of service.
\n
Amended by:
\n
XV.1913.64.
\n
Substituted by:
\n
XIX.1965.9.
\n
188.(1) The officer charged with the service of an act shall, on the same day when he serves or unsuccessfully seeks to serve the act, or, at the latest, on the following day, draw up a certificate stating whether the service was effected or not. In the affirmative, the certificate shall state the name and surname of the person on CODE OF ORGANIZATION AND CIVIL PROCEDURE whom service was effected and, if the act was not served directly on the person on whom service was to be effected, the name and the surname of the person to whom the copy was delivered and the place where the act was served; in the negative, the certificate shall state the reason why service was not effected.
\n
(2)Any certificate referred to in sub-article (1) shall be drawn up in the manner prescribed by the registrar, who may also direct that a form or forms printed, impressed or otherwise prepared be used for the purpose.
\n
(3)The registrar may also require that any such certificate be confirmed on oath by the officer entrusted with the service and any such oath shall be administered by the registrar.
\n
189.(1) If an act filed in, or a warrant or garnishee order issued by any court in the Island of Malta is to be served or, as the case may be, executed in the Island of Gozo or Comino, a copy thereof shall be transmitted by the registrar of the said court to the Registrar of the Court of Magistrates (Gozo).
\n
(2)The officer effecting service or execution shall deliver to the Registrar of the Court of Magistrates (Gozo) the certificate of service or execution, duly confirmed on oath before the registrar himself who shall transmit it to the registrar of the court in which the act was filed or by which the warrant or order was issued.
\n
190.(1) If an act filed in or a warrant or garnishee order issued by the Court of Magistrates (Gozo) is to be served or, as the case may be, executed in the Island of Malta, a copy thereof shall be transmitted by any officer of the said court to the registrar.
\n
(2)The officer effecting service or execution shall deliver to the registrar the certificate of service or execution, duly confirmed on oath before the registrar who shall transmit it to any officer of the Court of Magistrates (Gozo).
\n
191.(1) Copies shall be printed, typewritten, made by other mechanical or electronic means or by any photographic process or written in ink:
\n
Provided that in every case they shall be drawn up in clear and easily legible characters.
\n
Service of acts and execution of warrants and orders in Gozo and Comino.
\n
Added by:
\n
XIX.1965.10.
\n
Amended by:
\n
VIII.1990.3.
\n
Service of acts and execution of warrants and orders in Malta.
\n
Added by:
\n
XIX.1965.10.
\n
Amended by:
\n
VIII.1990.3.
\n
Substituted by:
\n
XXIV.1995.96.
\n
Mode of preparing copies.
\n
Substituted by:
\n
XIX.1965.11.
\n
Amended by:
\n
XXIV.1995.97;
\n
XXXI.2002.69.
\n
(2)Copies shall also be certified by the person presenting them or by an advocate or legal procurator to be true copies of the originals.
\n
192.In case of non-compliance with the provisions contained in the last preceding article, the party shall be entitled to have another copy made in conformity with the said article at the expense of the person who prepared the irregular copy, provided that the request for such other copy be made to the registrar by the party concerned within two days after the delivery of the irregular copy; and in any such case, if a time is fixed, it shall not commence to run except on the delivery of the regular copy.
\n
Penalty in case of irregular copies.
\n
Reckoning of time.
\n
Provisions of this Title to apply to all courts and to all acts.
\n
Amended by:
\n
XXVII.1979.15.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE 193. The provisions contained in this Title shall apply to all the courts and to all other acts filed by the parties or issued by the court, in so far as such provisions may be applicable to such courts and to such other acts:
\n
Provided, however, that precautionary and executive warrants may only be served or executed by officers of the courts.
\n
Title V
\n
O F THE T RIAL OF CAUSES Assignment of causes.
\n
Added by:
\n
XXXI.2002.70.
\n
193A.(1) Causes shall be assigned in accordance with rules of court or regulations made in accordance with article 29.
\n
Posting up of cause list.
\n
Amended by:
\n
XI.1859.9;
\n
XXVII.1979.16;
\n
XXIV.1995.98.
\n
194.(1) The registrar shall cause a list of the causes which are to be tried at a particular sitting to be posted up at the side of the entrance of the court room where the causes are to be heard at least one hour before the case is to be heard, saving urgent cases referred to in article 154(2).
\n
(2)Such rules or regulations may also provide for the procedure to be followed in the pre-trial and trial stages of a cause which has been set down for hearing.
\n
(2)The list shall bear the date on which it is posted up as aforesaid and shall be signed by the registrar.
\n
(3)The list shall be deemed to be posted up, according to the regulations, on the date which it bears and at the time of the closing of the registry.
\n
Trial of causes.
\n
Amended by:
\n
XXXI.1934.31;
\n
XXXIII.1934.2;
\n
XXVII.1979.17;
\n
VIII.1981.5;
\n
XXIV.1995.99.
\n
Substituted by:
\n
XXXI.2002.72.
\n
Amended by:
\n
IX.2004.5;
\n
VII.2007.16;
\n
IV.2016.9.
\n
195.(1) A cause the written pleadings of which have been concluded shall be set down either for pre-trial hearings or for trial hearings as may be provided in regulations and shall be brought to a conclusion as expeditiously as possible:
\n
Provided that in causes before the courts of inferior jurisdiction, the conclusion of the written pleadings shall take place when the party to be notified of the relative cause has been so notified in accordance with the provisions of this Code.
\n
(2)(a) The Court shall (i) at the first hearing of both at first instance as well as at the court of appeal stage, make a record stating the parties who have been served with the application, with the application on oath or with the application on appeal as the case may be and, if it is determined that there are any parties who have not been so served, give such orders as it may deem fit so that services may be effected or other acts prepared; and (ii) at the first hearing of both the pre-trial stage and the trial stage, plan in advance, after consulting CODE OF ORGANIZATION AND CIVIL PROCEDURE with the advocates of the parties, all the sittings to be held as well as the projected date of judgement and shall also direct the parties on what evidence and submissions it expects to be made at each sitting:
\n
Provided that the court shall, for grave reasons to be expressly stated in the records of the case or for reasons of urgency, call any other sittings and request any other evidence or submissions it deems fit. (b) The Court may delegate its functions under paragraph (a) to a judicial assistant.
\n
(3)Unless rules of court are made under article 29, all causes shall be appointed for hearing within two months and sittings shall be held on a bi-monthly basis.
\n
(4)The date and time for the hearing shall be determined at least two months prior to the date fixed for the hearing, provided that the court may decide, either where it deems to be appropriate or after consultation with the advocates of the parties or in any other case where the cause is to be heard with urgency, to fix an earlier date, and where such date and time has been so fixed, no adjournment of the hearing shall be granted except for grave and exceptional reasons to be stated in the records of the case:
\n
Provided that in causes which are to be heard with urgency the said period of two months shall not apply.
\n
(5)(a) Where a cause has been pending before a particular court for three or more years, any party to the case may, personally, and without the need of representation by an y advocate, present an application, ( which application shall, however, not form part of the acts of the case) to the Chief Justice requesting that, for the simple reason that the cause has taken so long, the presiding member of the court be changed and the case assigned to another member of the judiciary; the decision of the Chief Justice, which shall be taken in camera, shall be final and conclusive; and where such assignment takes place there shall be no need for any notification of such assignment. (b) Where a cause has been pending for judgment before a particular court for eighteen months or more, any party to the case may, personally, and without the need of representation by any advocate, present an application, (which application shall, however, not form part of the acts of the case) to the Chief Justice for this purpose, and the Chief Justice may, for the simple reason that the judgment has taken so long to be delivered, allow the request for the presiding member of the court to be changed and for the case for judgment to be assigned to another member of the judiciary; the decision of the Chief Justice, which shall be taken in camera, shall be final and conclusive; and where such assignment takes place there shall be no need for any notification of CODE OF ORGANIZATION AND CIVIL PROCEDURE such assignment. (c) The Chief Justice shall draw up a yearly report on any causes transferred in accordance with the provisions of paragraphs (a) and (b), detailing the possible reasons for such delays, and shall send the report to the Commission for the Administration of Justice. The Commission shall take such action as it may deem appropriate in accordance with the provisions of the Commission for the Administration of Justice Act, and shall, within three months, publish such report.
\n
(6)Nothing in this article contained shall preclude the court from deciding a cause on the day fixed for first hearing where the claim is not contested or the court is satisfied that the plaintiff has no claim or the defendant has no valid defence.
\n
(7)Where, after the written pleadings of an appeal are deemed to be concluded, the Court of Appeal considers an appeal to be frivolous and vexatious, the Court of Appeal may dismiss the appeal in open court on the day fixed for the first hearing.
\n
Absence of witness to be a good ground for adjournment.
\n
Substituted by:
\n
XXIV.1995.100.
\n
Amended by:
\n
XXXI.2002.73.
\n
196.(1) The absence of any witness regularly subpoenaed, shall be good ground for an adjournment of the cause, provided his evidence be shown to be material.
\n
Order of trial.
\n
Amended by:
\n
XI.1859.10;
\n
XXXI.1934.32;
\n
L.N. 148 of 1975.
\n
197.(1) Causes shall be tried in the order in which they stand on the list, unless the court for a good reason shall otherwise direct.
\n
Government causes.
\n
(2)Nevertheless, the causes to which the Government of Malta is a party shall always be heard before any other cause unless the court shall deem it necessary, on grounds of urgency, to follow the order of the list or to try other causes.
\n
Calling on of causes.
\n
198.Before the hearing of a cause commences, the proper officer shall, outside the entrance of the court room, announce the hearing, calling out aloud three times the names and surnames of the contending parties:
\n
(2)The court may in this case appoint a judicial assistant to hear the evidence of such witness on such a day and at such a time as the court shall determine. Such day and time shall be prior to the date to which the cause is adjourned.
\n
Provided that when there are several plaintiffs or defendants he shall call out the name and surname of the party first mentioned in the title of the record, and shall refer to the others by the general nomenclature of \"others\".
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE 199. (1) If, after a cause is called on three times, the contending parties or their advocates or, in the causes before the inferior courts, the contending parties or their advocates or legal procurators, fail to appear, it shall be lawful for the court to order the cancellation of the cause from the list at the expense of the plaintiff.
\n
Default of appearance of contending parties at trial.
\n
Amended by:
\n
IX.1886.30;
\n
XXXI.1934.33;
\n
II.1940.4;
\n
XXIV.1995.101;
\n
VIII.2007.28.
\n
(2)If only the defendant or his advocate or legal procurator, as the case may be, appears, he shall be entitled to demand that the plaintiff be non suited with costs.
\n
Default of appearance of plaintiff.
\n
(3)In either case, if the plaintiff desires that the cause be restored to the list to be heard and determined upon the same acts, he shall, by means of an application to be filed within three months, make a demand to that effect. Such demand shall be granted once only, and the court shall appoint a day for the trial of the cause at the expense of plaintiff, on condition that the plaintiff shall make payment, or deposit in the registry of the court before the day fixed for the trial, all the costs stipulated in the tariff, in the consequence of the non-appearance of plaintiff, or of his advocate or legal procurator, as the case may be.
\n
Right of plaintiff to have cause again set down for trial.
\n
(4)The provisions of this article shall not apply when a cause is awaiting the outcome of another cause.
\n
199A. (1) In any cause, a court may on application of one of the parties or of its own motion, after hearing representations from the parties, direct that any party or witness in a location other than the court itself (hereinafter referred to as the \"remote location\") shall be t reated as being present in the court for an y p art of th e proceedings, including any proceedings which are incidental to the main proceedings, or for the entirety of the proceedings.
\n
(2)Presence through live video conferencing link.
\n
Added by:
\n
LIII.2020.2.
\n
A court shall not give an order under sub-article (1) unless: (a) it is satisfied that facilities are available which enable persons in the remote location to see and hear the court and to be seen and heard by it; (b) if it would be unfair to any of the parties to hold sittings by a live video conferencing link; or (c) if it would be contrary to the interests of justice to do so.
\n
(3)If a court decides not to give an order under sub-article (1) to hold sittings by video conferencing link, it shall give its reasons for the refusal.
\n
(4)The Rule Making Board established under article 29 may, by regulations, prescribe rules and codes of practice for the better administration of live video conferencing procedures.
\n
200.(1) The plaintiff shall likewise be non suited with costs if, when the cause is called on, it is found that no security for the costs of the suit has been given as provided in this Code, unless, within a short time which the court may deem fit to allow, a sum in ready money, sufficient to secure the costs of the suit, be deposited with Non suit of plaintiff in default of security for costs.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE the registrar.
\n
Security for costs not subject to claims of creditors.
\n
(2)The sum so deposited shall not be subject to the claims of the creditors of the party making such deposit, so long as such sum is intended to meet the costs of the suit.
\n
Default of appearance of defendant.
\n
Amended by:
\n
XXXI.1934.34;
\n
XXIV.1995.102.
\n
201.If the defendant or his advocate, or, in the causes before the inferior courts, the defendant or his advocate or legal procurator, fails to appear, the cause may be determined according to law on the acts available after hearing such evidence as the court may consider necessary, notwithstanding his default of appearance.
\n
Regulation of trial.
\n
Substituted by:
\n
XXIV.1995.103.
\n
202.Repealed by XXXI.2002.74.
\n
Power of court to vary order of production of evidence.
\n
Substituted by:
\n
XXIV.1995.104.
\n
203.Repealed by XXXI.2002.74.
\n
Party may plead personally or through advocate.
\n
Amended by:
\n
XXXI.2002.75.
\n
204.(1)(a) The parties, either personally or through their advocates or, in the inferior courts, either personally or through their advocates or legal procurators, shall have the right to make their submissions in writing or o r a l l y a s t h e c o u r t m a y d e c i d e , b y t h e p l a i n t i ff submitting his case and the defendant making his answer:
\n
Provided that the court may in appropriate circumstances allow a further reply by the plaintiff and a rejoinder by the defendant. (b) When the trial of the cause is closed, no further evidence shall be allowed, except for just cause and by leave of the court.
\n
Distribution of oral pleading when more than one advocate appears for the same party.
\n
(2)If more than one advocate appears for the same party, it shall be lawful, if such party be the plaintiff, for one advocate to state the case and for another to make the reply and, if such party be the defendant, for one advocate to make the answer and for another to make the rejoinder. The advocates may also distribute among themselves the several issues of the controversy and the evidence.
\n
Power of court to rule out useless matter in oral pleading.
\n
(3)Nevertheless, in all cases the court is empowered to rule out from the oral pleading all matter which, in its opinion, may be calculated to cause useless delay, or consists in repetition, or is irrelevant or extraneous to the cause.
\n
Party assisted by advocate not to address court.
\n
Amended by:
\n
IX.1886.31;
\n
XXIV.1995.105.
\n
205.(1) The party assisted by an advocate may not, without leave of court, make any submission except through his advocate.
\n
Power of court where party appears without advocate.
\n
(2)The court may order the party who is not assisted by an advocate to engage one if, in the opinion of the court, such party is unable adequately to plead his case; and if such party fails to engage an advocate, the court shall appoint, for the purpose, one of CODE OF ORGANIZATION AND CIVIL PROCEDURE the official curators to be selected according to the turn on the rota; if the party refuses to give the necessary information to the advocate so appointed, the court may dispose of the case after hearing such evidence as the court may consider necessary.
\n
206.Repealed by XXXI.2002.76.
\n
207.(1) Save for the provisions of sub-articles (5) and (7), all proceedings before an appellate court shall be conducted in writing.
\n
(2)Written pleadings shall be deemed closed as provided in the provisions of article 146.
\n
(3)When a reply for an appeal raises issues about the nullity or validity of the appeal or mentions facts or points of law which were not raised by the appellant in the appeal application, the appellant may within thirty (30) days from being notified of the reply, by way of application, request the court to authorise him to file a rejoinder to address only those points which were raised for the first time in the reply to the appeal application. The court shall, if it considers it reasonable and expedient in the circumstances, grant leave to the appellant to file his rejoinder within a period, which shall not exceed thirty (30) days from when the appellant’s lawyer is given written notice of the decree.
\n
(4)Upon the closing of written pleadings and payment of security for costs related to the appeal, the court shall proceed to judgment on a date and time it sets for this scope.
\n
(5)Notwithstanding the provisions of sub-article (4), the court may set a sitting for hearing of the cause, if it deems fit to hear evidence or oral submissions from the parties.
\n
(6)Security for costs related to appeals shall be produced and deposited as provided in article 249, and in case of default, the court may declare the appeal as abandoned.
\n
(7)Notwithstanding the provisions of sub-articles (1) to (6) all causes before the Constitutional Court and all causes before the Court of Appeal where no oral hearing took place at first instance, shall be appointed for an oral hearing.
\n
(8)The oral hearing shall be conducted as follows: (a) when the appeal is entered by the plaintiff only, or by both parties, the order of hearing of the cause shall be the same as provided in article 204(1); (b) when the appeal is entered by the defendant only, he shall commence by briefly stating the grounds of complaint and praying that the judgment appealed from be reversed or varied, and the order of hearing of the cause shall then be as provided in article 204(1).
\n
Close of trial.
\n
Order of trial in appellate court.
\n
Amended by:
\n
IX.1886.32;
\n
XXIV.1995.106;
\n
XXXI.2002.77;
\n
IV.2016.10.
\n
Substituted by:
\n
XXXII.2021.8.
\n
Production of witnesses before appellate court.
\n
Amended by:
\n
IX.1886.32;
\n
XV.1913.65;
\n
XXXI.1934.35;
\n
XXII.2005.36.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE 208. (1) No witness who was not produced in the court below may be produced on appeal, unless (a) the opposite party gives his consent thereto; or (b) it is proved on oath or otherwise, that the party tendering the evidence of such witness had no knowledge thereof, or was unable, by the means provided by law, to produce such witness in the court below; or (c) the evidence of such witness was tendered and disallowed before the court below and the appellate court considers it admissible and relevant; or (d) the appellate court is satisfied of the necessity or expediency of taking the evidence of such witness:
\n
Provided that in any such case, the court may, in adjudging the costs of the case, take into account the tardy production of such witness.
\n
(2)If in the court of first instance the defendant had failed to file the sworn reply as mentioned in article 158 and to appear at the trial of the cause, he shall be precluded from producing witnesses before the appellate court, unless he shows to the satisfaction of such court a good reason for his default.
\n
Appeal to be declared abandoned in default of appearance of the parties.
\n
Substituted by:
\n
XXXII.2021.9.
\n
209.(If, the court sets an appeal for oral hearing, and after that the cause is called on three (3) times, neither one of the parties nor their advocates appear, or if only the respondent or his advocate appears, the court may declare the appeal abandoned:
\n
Provided that on an application by the appellant, that shall be filed within eight (8) days from such day that the appeal is declared abandoned, the court shall order that the cause be again put on the list for hearing and determination, provided the appellant shall have deposited, within the said time, the amount of costs occasioned by his non-appearance.
\n
Parties or advocates not to interrupt each other.
\n
210.It shall not be lawful for the parties or their advocates to interrupt each other. Every person whose turn it is to speak shall address the court only.
\n
Judgment to be given in the same or at earliest date.
\n
211.When the hearing is concluded, the court, if it does not deliver judgment on the same day, shall reserve judgment for the earliest possible date to be fixed for the purpose.
\n
Grounds of adjournment to be stated by court and noted down by registrar.
\n
Added by:
\n
XXXI.1934.37.
\n
212.(1) If the court does not deliver judgment on the day fixed for the trial of the cause, the court shall give the reason according to law for adjourning the cause to another day.
\n
(2)The registrar shall keep a procès-verbal, to be inserted in the record, of the grounds of each adjournment and of everything done in each sitting.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE 213. In first instance, in the Court of Magistrates (Malta) and in the Court of Magistrates (Gozo) in its inferior jurisdiction, where the claim as stated in the application has not been made to appear, but nevertheless, another right has been made to appear although such other right does not fall precisely within the terms of the claim as originally framed, the court may adjudge upon such other right so made to appear on the same application:
\n
Provided that the court shall, if a request is made to that effect, or if it shall deem it proper so to do, allow a short time to the defendant to prepare his defence against such other right:
\n
In inferior courts, the court may adjudge on a right although not falling precisely within original claim.
\n
Amended by:
\n
XV.1913.66;
\n
VIII.1990.3;
\n
XXII.2005.37.
\n
Provided further that in no case shall the court award a sum beyond that originally claimed.
\n
214.In the courts mentioned in the last preceding article, the parties shall appear personally or through any of the persons mentioned in article 180 who can lawfully represent them, or through an advocate.
\n
Appearance of parties in inferior courts.
\n
215.The courts mentioned in article 213 shall proceed summarily and with the utmost despatch consistent with the due administration of justice, and shall comply with the provisions cont ain ed i n thi s Tit le in so far as su ch p ro vi si on s m ay b e consistent with the manner of proceeding of the said courts as aforesaid.
\n
Inferior courts to proceed summarily.
\n
Title VI
\n
O F D ECREES, JUDGMENTS AND A PPEALS 216. The judgment shall be delivered by the judge or magistrate before whom the cause has been tried; and when the court consists of more than one judge or magistrate, by one of such judges or magistrates; sohowever that it shall be lawful for the judge or magistrate presiding that court to deliver the judgment in the absence of the other members of the court provided that the judgment is signed by at least two of the members of the court.
\n
Delivery of judgment.
\n
Amended by:
\n
XV.1913.66;
\n
XXII.1992.8.
\n
217.In a court consisting of more than one member, the decision of the majority shall form the judgment which shall be delivered as the judgment of the whole court.
\n
Decision of majority to form judgment of court consisting of more than one member.
\n
Amended by:
\n
IX.1886.34;
\n
IV.1905.3.
\n
218.The court shall in the judgment premise the reasons on which the decision of the court is based, and shall include a reference to the proceedings, the claims of the plaintiff and the pleas of defendant:
\n
Judgment to include reasons.
\n
Amended by:
\n
VI.1880.21;
\n
XXIV.1995.108.
\n
Substituted by:
\n
VII.2007.18.
\n
Provided that the Rule-Making Board appointed under article 29 may, by Rules of Court, derogate from the provisions of this article.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE Conclusive or binding declarations to be included in operative part of judgment.
\n
219.Every declaration intended by the court to be conclusive or binding shall be included in the operative part of the judgment.
\n
Proceedings for the recovery of a debt.
\n
Added by:
\n
IV.2001.35.
\n
Amended by:
\n
XXII.2005.38.
\n
219A.(1) In proceedings for the recovery of a debt, a judgement given upon admission of the claim or upon a claim that has not been disputed by the defendant shall, so far as possible considering the circumstances of the case, be delivered within ninety days of the lodging of the action before the Court.
\n
(2)The period mentioned in sub-article (1) shall not include the period of time taken for service of the application upon the defendant.
\n
Recording of decision and reasons.
\n
220.When judgment is delivered, the registrar shall record the decision together with the reasons given by the court for such decision.
\n
Delivery and recording of interlocutory decrees.
\n
Amended by:
\n
XI.1859.11;
\n
XXVII 1979.18.
\n
221.(1) Saving the provisions of article 173, interlocutory decrees shall be delivered and recorded in the manner provided in the preceding articles of this Title.
\n
Judgment upon claim for specific performance.
\n
222.Where the claim is for some specific performance, the judgment shall state a time, according to circumstances, within which the party cast shall perform the act, and shall also state the manner of execution in case of non-performance of the act.
\n
Costs.
\n
Amended by:
\n
XIII.1964.21;
\n
XXIV.1995.109;
\n
XVI.2004.33;
\n
VII.2007.19.
\n
223.(1) Every definitive judgment shall award costs against the party cast.
\n
(2)The provisions of article 218 shall also apply to the said decrees, when they are subject to appeal according to the provisions of article 229.
\n
(2)In the case of an interlocutory decree, it shall be lawful for the court to reserve the issue as to costs for decision in the definitive judgment or to award costs against the party cast.
\n
(3)In all cases, it shall be lawful for the court to order that the costs shall not be taxed as between party and party, when either party has been cast in some of the points at issue, or when the matter at issue involves difficult points of law, or where there is any other good cause.
\n
(4)In the case of any frivolous or vexatious appeal or re-trial, the Court of Appeal or the Constitutional Court may award double costs against the appellant in favour of the respondent.
\n
(5)In the case where an ex parte expert witness is produced by any of the parties in a cause, the court shall in the definitive judgment establish a fair amount which can be claimed as costs for the said witness. In determining the said amount, the court shall take into account the seriousness of the claims, in the case of an expert witness not resident in Malta, whether local expertise was available and all the other circumstances of the case. The court shall also establish how the said costs are to be apportioned between the parties to the cause.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE
\n
(6)Subject to article 173(2)(c), when a party without just cause refuses or fails to participate before or collaborate with a mediator, the Court may award double costs in the other party’s favour due to such refusal or failure.
\n
224.If two or more persons are condemned in costs, each person shall be deemed to be condemned in solidum or in proportion to his interest in the cause according to the decision on the merits.
\n
Award of costs in solidum or pro rata.
\n
Amended by:
\n
IX.1886.35.
\n
225.Where any tutor, curator, heir under the benefit of inventory or other private or public administrator has in a cause acted to the prejudice of his administration, the court may, in the same judgment delivered in that cause, without the necessity of sepa ra te p ro cee di ng s, c on de mn such tu to r, c urat or, h eir or administrator to pay personally and without any right to reimbursement costs as well as damages and interest according to law, saving any other penalties to which he may be liable according to circumstances.
\n
Costs against tutors, etc.
\n
226.(1) An appeal is entered by means of an application to be filed in the registry of the Court of Appeal within thirty (30) days from the date of the judgment.
\n
Time for filing application of appeal.
\n
Amended by:
\n
IX.1886.36;
\n
XV.1913.67;
\n
XII.1924.2;
\n
VIII.1990.3.
\n
Substituted by:
\n
XXIV.1995.110.
\n
Amended by:
\n
XXXII.2021.10.
\n
(2)Where an appeal is not entered from the whole judgment, there shall be stated in the application of appeal, the heads of the judgment against which an appeal is entered.
\n
227.Judgments delivered by the Court of Appeal are not appealable.
\n
Judgments by appellate courts not subject to appeal.
\n
Amended by:
\n
VII.1880.8;
\n
XXII.1976.4;
\n
VIII.1990.3.
\n
Substituted by:
\n
XXIV.1995.111.
\n
228.(1) No appeal shall lie from any judgment given upon admission of the claim, or accepted by the renunciation of the right of appeal or by acquiescence in the findings of the judgment.
\n
Other judgments not subject to appeal.
\n
Amended by:
\n
XV.1913.68;
\n
XXXI.1934.38;
\n
XXIII.1971.17;
\n
XIII.1983.5;
\n
XII.1985.6;
\n
VIII.1990.3;
\n
XXIV.1995.112;
\n
L.N. 407 of 2007.
\n
(2)Nor shall an appeal lie from any judgment of the Court of Magistrates (Malta), or of the Court of Magistrates (Gozo) in its inferior jurisdiction as a court of first instance, where the amount of the claim, assessed or assessable as provided in articles 748 and 761, does not exceed four hundred and sixty-five euro and eightyseven cents (465.87), and the matter at issue does not involve a point of law determined in the judgment or the determination of a claim for the eviction of any person from immovable property.
\n
Appeal from inferior courts when admissible.
\n
Appeal from decrees.
\n
Amended by:
\n
XV.1913.69.
\n
Substituted by:
\n
XXIV.1995.113.
\n
Amended by:
\n
IV.1996.4;
\n
IX.2004.6;
\n
L.N. 407 of 2007;
\n
XVII.2012.4.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE 229. (1) An appeal from the decrees mentioned hereunder shall only lie after the definitive judgment and together with an appeal from such judgment, and such decrees may not be challenged before the definitive judgment is delivered: (a) a decree allowing a request for urgency; (b) any order or directive under the provisions of article 173; (c) a decree allowing or disallowing a request for the adjournment of a cause under article 195(3); (d) a decree allowing or disallowing an objection to the competency of a witness under article 567; (e) a decree allowing or disallowing a request to put questions to a witness under article 587; (f) a decree allowing or disallowing a request for the production of documents under article 637 except if the decree allows or disallows the production of a document which is an exempt document in terms of article 637(4); (g) the appointment of a referee under article 646; (h) a decree allowing or disallowing a request for the connection of actions under article 793(1); (i) a decree allowing or disallowing a request for suspending the delivery of a decree; (j) a decree allowing or disallowing the expunging of a document from the records of the case; (k) subject to the provisions of this article, a decree allowing or disallowing a request for the revocation or amendment of a decree; (l) a decree disallowing a request for special leave to appeal under sub-article (5); (m) a decree disallowing a request for stay of proceedings.
\n
(2)A decision of the court in the cause listed hereunder shall be given by a decree to be read out in open court on a day duly notified to the parties, and an appeal from such decree may be entered before the definitive judgment subject to the procedure laid down in sub-article (4) and (5): (a) a decree refusing the appointment of additional referees under article 674; (b) a decree transferring an action for trial to another court under article 792, (c) a decree refusing the joinder of a third party under article 961; (d) a decree disallowing a request for urgency; (e) a decree ordering the stay of proceedings; (f) a decree that orders the production of a document which is an exempt document in terms of article 637(4).
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE
\n
(3)Save as otherwise specifically provided for in this Code an appeal from any other interlocutory decree not included in subarticles (1) and (2) may be entered before the definitive judgment only by special leave of the court hearing the case, to be requested by an application to be filed within ten days from the date on which the decree is read out in open court. The court, after hearing the parties, may grant such leave of appeal if it deems it expedient and fair that the matter be brought before the Court of Appeal before the definitive judgment and the time limit for the filing of such an appeal shall commence to run from the date of the said decree.
\n
(4)In the case of any decree under sub-articles (2) and (3), provided that any application for an appeal has not been filed, the aggrieved party may file an application within six days from the date on which the decree is read out in open court, requested the court which delivered the decree to reconsider its decision. The application is contain full and detailed reasons in support of the request and is to be served on the other party who shall have the right to file an answer thereto within six days from the date of service.
\n
(5)The court shall decide, as expeditiously as possible by decree to be read out in open court, the application for special leave to appeal in terms of sub-article (3) or the application to reconsider its decision in terms of sub-article (4), expounding fully therein the reasons for the decision.
\n
(6)The period for appeal from a decree before a definitive judgment shall be six days from the date on which the decree is read out in open court:
\n
Provided that in the case contemplated in sub-articles (3) and (4) such term for appeal shall run from the day on which the decrees in terms of sub-article (5) are read out in open court.
\n
(7)Subject to the provisions of this article, the provisions of this Code relating to appeals from judgments shall apply to appeals from decrees under this article.
\n
(8)The security referred to in article 249 shall not be required in the cases referred to in sub-article (6).
\n
(9)In the case of any frivolous or vexations appeal, the Court of Appeal shall award double costs against the appellant in favour of the respondent, and may condemn appellant to pay respondent a sum not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) by way of penalty, saving any right for damages that may be competent to respondent.
\n
(10)Where an interlocutory decree has been given in camera, it shall for the purposes of this article and for the purposes of the calculation of any time therein established be deemed to have been read out in open court on the date of the first sitting in the case immediately after the decree was given in camera by the court.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE Interlocutory decrees not to operate as res judicata for court delivering them.
\n
230.Interlocutory decrees shall not operate as a res judicata in regard to the court by which they are delivered, if a good cause to depart therefrom is shown to the satisfaction of the court.
\n
Appeal in case of separate judgments on several issues in the same action.
\n
Substituted by:
\n
XXIV.1995.114.
\n
Amended by:
\n
XIII.2005.7.
\n
231.(1) Where several issues in an action have been determined by separate judgments, appeal from any such judgments may only be entered after the final judgment and within the prescribed time, to be reckoned from the date of such final judgment; and in such an appeal express mention of the judgment or judgments appealed from shall be made:
\n
Provided that an appeal from such separate judgments may be entered before the final judgment only by leave of court to be read out in open court; such request for leave to appeal shall be made either orally immediately after the delivery of such judgment or by application within six days from such judgment and when such leave to appeal from such separate judgements is granted the time for the filing of the appeal in respect thereof shall commence to run from the day on which the said leave is read out in open court.
\n
(2)In an action involving more than one plaintiff or more than one defendant a judgment disposing of the action in respect of any particular plaintiff or defendant may only be appealed from within the prescribed time to be reckoned from the date of such judgment.
\n
Assessment of damages, etc., pending appeal.
\n
Liability for expenses in case of reversal of judgment.
\n
232.It shall be lawful for the party in whose favour damages, interest, or fruits have been awarded, to proceed for the assessment thereof pending the appeal; but such party shall be liable for all expenses occasioned by such procedure in case the judgment appealed from is reversed.
\n
Power of appellate court to assess damages, interest or fruits.
\n
Amended by:
\n
XV.1913.70.
\n
Substituted by:
\n
XXIV.1995.115.
\n
233.(1) Where an appellate court reverses a judgment and allows the claim for damages or interest or for the recovery of fruits, it shall make such assessment without sending back the record to the court of first instance, unless the court for exceptional reasons considers it to be in the interest of justice to send back the cause to the court of first instance.
\n
(2)Likewise the appellate court shall, in the case of reversal of a judgment of non-suit of plaintiff or of a judgment given under the provisions of article 170(1) or (2), either remit the records to the court of first instance or determine the merits, according to circumstances.
\n
Decrees in regard to jurisdiction of court to be subject to appeal.
\n
Amended by:
\n
XV.1913.71;
\n
XXIV.1995.116.
\n
234.Subject to other particular provisions of this Code concerning pleas to the jurisdiction by reason of the subject-matter of the cause, any judgment given by any court in regard to its jurisdiction to take cognizance of any particular cause, is subject to appeal; and the court may stay the hearing of the cause until the determination of that point by the appellate court, provided none of the parties shows to the satisfaction of the court that the delay would be prejudicial to him.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE 235. Where a court of first instance omits to determine any of t h e c l a i m s b r o u g h t f o r w a r d , n o a p p e a l s h a l l l i e a b o m i ss a decisione:
\n
No appeal ab omissa decisione.
\n
Amended by:
\n
IV.1865.2;
\n
XXIV.1995.117.
\n
XXII.2005.39.
\n
Provided that it shall be lawful for each of the parties, within the time of fifteen days from the date of the judgment, by means of an application, to request the court of first instance to determine such claim; and upon such application, the parties being summoned anew, the court shall adjudge upon the claim; in such case, the time for entering appeal from the whole judgment, or from any part thereof, shall commence to run from the day of the last judgment:
\n
Parties may request first court to decide claim not determined by application within fifteen days, Provided further that it shall be lawful for each of the parties, at any time, to sue by sworn application before the court of first instance for a decision on the claim the determination of which had been so omitted. or by sworn application at any time.
\n
236.An appeal may be entered not only by the contending parties but also by any person interested.
\n
Interested third parties may appeal.
\n
237.A judgment shall not operate to the prejudice of any person who neither personally nor through the person under whom he claims nor through his lawful agent was party to the cause determined by such judgment.
\n
Judgment not to operate against third parties.
\n
238.(1) The reversal or variation of a judgment shall operate in favour of the party at whose instance such reversal or variation is obtained.
\n
Persons who benefit from appeal.
\n
Added by:
\n
IX.1886.37.
\n
(2)Such reversal or variation shall also operate in favour of any person (a) who has an interest essentially dependant upon that of the party at whose instance such reversal or variation is obtained; (b) who, in any controversy relating to an indivisible thing, was joint plaintiff or defendant with the party at whose instance such reversal or variation is obtained; (c) who in virtue of the judgment which is reversed or varied was condemned in solidum with the party at whose instance the reversal or variation is obtained:
\n
Provided that the reversal or variation shall not operate in favour of the person referred to in paragraphs (b) and (c) where such reversal or variation is obtained on grounds exclusively affecting the party seeking such reversal or variation.
\n
239.(1) The judgments mentioned hereunder shall be operative with respect to third parties, only from the time when they are enrolled in the Public Registry, namely: (a) any judgment by which any act having the effect of transferring the ownership of immovable property or any other real right thereon, is dissolved, rescinded or revoked;
\n
Certain judgments may only operate in respect of third parties if and from the time they are entered in the Public Registry.
\n
Added by:
\n
IX.1886.3.
\n
Amended by:
\n
XXIV.1995.118.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE (b) any judgment which directly adjudges the transfer of the ownership of immovable property or of any other real right thereon.
\n
(2)Any interested party may obtain enrolment by delivering to the said registry a note of enrolment together with an authentic copy of the judgment as well as a certificate from the registrar that the judgment has become res judicata. The provisions of the Public Registry Act shall apply to the drawing up and filing of the said note.
\n
(3)In the case of any judgment referred to in sub-article (1)(a), when the judgment shall have become res judicata, the registrar shall, at the request and at the expense of the interested party, deliver a note of reference to such judgment to the notary before whom the act which has been dissolved, rescinded or revoked was received, or who is the keeper thereof.
\n
Cross-appeal.
\n
Amended by:
\n
XI.1859.12;
\n
IX.1886.38.
\n
Substituted by:
\n
XXIV.1995.119.
\n
240.(1) Any party may avail himself of an appeal entered from a judgment, including a partial judgment and from a head or heads of any judgment, or from an interlocutory decree and may enter a cross appeal not only in respect of the judgment, partial judgment, head or heads of a judgment, or interlocutory decree appealed from, but also in respect of any judgment or heads thereof or interlocutory decrees given in the same cause even if not appealed from by the appellant. Such cross appeal may be made even against or by any party not being one against whom an appeal is directed in terms of article 144(1):
\n
Provided that a party may not so avail himself of the appeal in respect of the particular judgment, if he has already appealed from such judgment or any head thereof.
\n
(2)The party who intends to avail himself of such appeal shall make a declaration to that effect in the answer stating therein his demands and the grounds for his cross appeal.
\n
Cross-appeal to hold good notwithstanding abandonment of appeal.
\n
241.The declaration referred to in the last preceding article shall continue to be operative even if the opposite party abandons his appeal.
\n
Notice as to validity of laws.
\n
Amended by:
\n
IX.1886.39;
\n
XV.1913.72;
\n
VIII.1990.3.
\n
Substituted by:
\n
XXIV.1995.120.
\n
Amended by:
\n
XI.2006.3.
\n
242.(1) When a court, by a judgment which has become res judicata, declares any instrument having the force of law or any provision thereof to run counter to any provision of the Constitution of Malta or to any human right or fundamental freedom set out in the First Schedule to the European Convention Act, or to be ultra vires, the registrar shall send a copy of the said judgment to the Speaker of the House of Representatives, who shall during the first sitting of the House following the receipt of such judgment inform the House of such receipt and lay a copy of the judgment on the table of the House.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE
\n
(2)Where there has been a judgment as is mentioned in subarticle (1) the Prime Minister may, within the period of six months from the date that the judgment has become res judicata and to the extent necessary in his opinion to remove any inconsistency with the Constitution of Malta or with the relevant human right or fundamental freedom set out in the First Schedule to the European Convention Act as declared in the said judgment, make regulations deleting the relevant instrument or any provision thereof declared to run counter to the Constitution or the First Schedule to the European Convention Act as mentioned in sub-article (1).
\n
243.(1) The court of first instance may, in urgent cases, upon a demand, even verbal, by any of the parties, immediately after the delivery of the judgment, abridge the time for the filing by the appellant of the written pleading before the appellate court.
\n
(2)If no such demand is made by the parties immediately after judgment is delivered, it shall be lawful for the parties to make such demand by an application upon which the court of first instance, after summarily hearing the parties, will give the requisite directions.
\n
Abridgement of time for appeal.
\n
Added by:
\n
IX.1886.39.
\n
Amended by:
\n
XV.1913.73;
\n
XXIV.1995.121.
\n
(3)The provisions of this article shall apply to the answer, and, if there is a reply, to such reply.
\n
244.(1) On appeal proceedings being taken, the record of the proceedings of the first court shall be lodged before the appellate court.
\n
(2)The fee prescribed for the lodging of the record shall be paid concurrently with the fee for the filing of the application.
\n
245.In regard to appeals from judgments or decrees of the Civil Court, First Hall, and from determinations by the Rent Regulation Board, the lodging of the record shall be effected as soon as possible by the production thereof before the Court of Appeal by the registrar.
\n
246.Repealed by: XXIV.1995.124.
\n
247.(1) In regard to appeals from judgments of the Court of Magistrates (Gozo) and from judgments of the Court of Magistrates ( M a l t a ) , t h e l o d g i n g of t h e r ec or d sh a l l b e e ff e c t e d b y t h e transmission thereof by any officer of the court concerned to the registrar in the Court of Appeal.
\n
(2)For the purposes of sub-article (1) (a) the registrar shall, on the same day on which an appeal is entered, notify in writing the entering of such appeal to the officer of the court concerned; (b) when notification is made to any officer of the Court of Magistrates (Gozo) the registrar shall, in addition to Lodging of record.
\n
Added by:
\n
IX.1886.39.
\n
Amended by:
\n
XV.1913.74;
\n
LIII.1948.2.
\n
Substituted by:
\n
XXIV.1995.122.
\n
Mode of lodging record.
\n
Amended by:
\n
VII.1880.8.
\n
Substituted by:
\n
LIII.1948.3;
\n
XXIV.1995.123.
\n
Lodging of record in appeals before Gozo court as appellate court.
\n
Amended by:
\n
VII.1880.8;
\n
IX.1886.39.
\n
Lodging of record in appeals from inferior court to Court of Appeal.
\n
Amended by:
\n
VII.1880.8.
\n
Substituted by:
\n
LIII.1948.4.
\n
Amended by:
\n
VIII.1990.3.
\n
Substituted by:
\n
XXIV.1995.125.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE the notification in writing, make notification by telefax or other electronic device or orally by telephone.
\n
(3)In respect of appeals entered against a judgment of the Court of Magistrates (Gozo) the transmission of the record shall be deemed to have been effected by the delivery of the record addressed to the registrar, to the Post Office, in Victoria, Gozo.
\n
Fee on lodging of record, in appeal from Gozo court to Court of Appeal.
\n
Substituted by:
\n
LIII.1948.5.
\n
Security for cost:
\n
Amended by:
\n
IX.1886.41;
\n
XV.1913.75.
\n
Substituted by:
\n
XXIV.1995.127.
\n
Amended by:
\n
XXII.2005.40;
\n
VII.2007.20;
\n
XXXII.2021.11.
\n
248.Repealed by: XXIV.1995.126.
\n
249.Unless otherwise provided in any other law, in the case of a principal or incidental appeal from judgments or decrees given in a cause initiated by sworn application, security for costs of the appeal shall be produced and deposited in court within three (3) months from when the appellant receives the notice for payment. If the appellant is not served with the said notice, the registrar shall, within ten (10) 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:
\n
Provided that no action shall lie against the advocate for failure to inform any such party.
\n
(2)Such security shall be in an amount determined by the registrar and is to be made either by a deposit of ready money or by a guarantee of a bank licensed in terms of the Banking Act in accordance with Schedule C to this Code.
\n
(3)The deposit shall not be subject to the claims of the creditors of the party making such deposit, so long as it remains to meet the costs of the suit.
\n
(4)The Government of Malta, public corporations, the Central Bank of Malta and banks licensed under the Banking Act are exempt from giving the said security.
\n
(5)The Minister responsible for justice may by regulations exempt any other category of persons or bodies from providing the said security.
\n
(6)The provisions of articles 893 to 905 where inconsistent with this article shall not apply to the security given under this article.
\n
Exemptions from security.
\n
Amended by:
\n
VII.1880.9;
\n
IX.1886.42;
\n
XV.1913.76;
\n
XXIV.1995.128.
\n
250.The security referred to in the last preceding article shall not be required in the cases referred to in articles 42 and 172, or in the case of an appeal from a judgment disallowing a demand for the benefit of the juratory caution, or in the case of any demand for admission to the benefit of juratory caution, or in the case of other collateral demands.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE 251. Subject to the provisions of article 143, the times prescribed in article 226 are peremptory.
\n
Title VII
\n
Times mentioned in article 226 to be peremptory.
\n
Amended by:
\n
IX.1886.44;
\n
XV.1913.77;
\n
XXIV.1995.129.
\n
O F THE E NFORCEMENT OF J UDGMENTS AND OTHER EXECUTIVE T ITLES Amended by:
\n
IX.1886.45.
\n
Sub-title I Added by:
\n
XXXI.2002.84.
\n
GENERAL PROVISIONS 252. Saving any other provision of the law in respect of warrants in factum, execution by any of the means mentioned in article 273 may be issued only in virtue of an executive title.
\n
253.The following are executive titles: (a) judgments and decrees of the courts of justice of Malta; (b) contracts received before a notary public in Malta, or before any other public officer authorised to receive the same where the contract is in respect of a debt certain, liquidated and due, and not consisting in the performance of an act; (c) taxed bills of judicial fees and disbursements, issued in favour of the Registrar, any advocate, legal procurator, notary public, perit, judicial referee or witness, unless such taxed bills are impugned according to law; (d) awards of arbitrators Arbitration Centre; registered with the Mode of enforcement of executive title.
\n
Added by:
\n
IX.1886.46.
\n
Substituted by:
\n
XII.1985.7.
\n
Executive titles.
\n
Added by:
\n
IX 1886.46.
\n
Amended by:
\n
XV.1983.3;
\n
II.1996.78;
\n
XVIII.1999.33;
\n
XXXI.2002.85;
\n
IX.2004.7;
\n
XVIII.2004.113;
\n
IX.2010.31;
\n
VI.2011.180;
\n
III.2014.7;
\n
IV.2016.11;
\n
XVI.2016.34;
\n
XXVIII.2019.36;
\n
IX.2025.7.
\n
Malta (e) bills of exchange and promissory notes issued in terms of the Commercial Code:
\n
Provided that the court which is competent according to the value of the bill of exchange or promissory note may, by decree which shall not be subject to appeal, suspend the execution of such a bill of exchange or promissory note in whole or in part and with or without security, upon an application of the person opposing the execution of such bill of exchange or promissory note, to be filed within twenty days from the service of the judicial letter sent for the purpose of rendering the same bill of exchange or promissory note executable, on the grounds that the signature on the said bill of exchange or promissory note is not that of the said person or of his mandatory or where such person brings forward grave and valid reasons to oppose the said execution and in such case any person demanding the payment of the bill of exchange or promissory note shall file an action according to the provisions of the Commercial Code.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE The judicial letter referred to above in this proviso shall, under pain of nullity, notify the debtor of the right given to him by this proviso; (f) mediation agreements made enforceable by the parties thereto in accordance with the provisions of the Mediation Act; (g) decisions of the Consumer Claims Tribunal;
\n
Judgments ordering release from imprisonment for debt to be enforceable immediately.
\n
Judgments enforceable after twenty-four hours.
\n
Amended by:
\n
XXIV.1995.130;
\n
XXXI.2002.86. (h) decisions and awards of the Arbiter for Financial Services in accordance with the provisions of the Arbiter for Financial Services Act. (i) Decisions of the Adjudicating Panel for Private Residential Leases; (j) uniform instrument permitting enforcement in accordance with Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures.
\n
254.Repealed by: XII.1985.8.
\n
255.The following may be enforced after the lapse of twentyfour hours from delivery: (a) any judgment on any collateral issue or any interlocutory decree, provided the time for enforcement is not stated in the judgment or decree itself; (b) any judgment rescinding a warrant of impediment of departure of any ship, or rescinding any warrant of seizure or any garnishee order relating to ships or merchandise; (c) any judgment ordering the supply of maintenance; (d) any award of an arbitrator in accordance with the Arbitration Act.
\n
All other judgments to be enforceable after two days from delivery.
\n
Amended by:
\n
IX.1886.47.
\n
256.(1) Any other definitive judgment which does not contain any suspensive condition, and which condemns a debtor to pay a liquidated sum, or to deliver up or surrender a specific thing, or to perform or fulfil any specific act or obligation whatsoever, may be enforced after two days from the day of its delivery.
\n
Other executive titles to be enforceable after two days from judicial intimation.
\n
(2)The enforcement of any other executive title may only take place after the lapse of at least two days from the service of an intimation for payment made by means of a judicial act.
\n
Power of court to abridge time for enforcement of judgments.
\n
257.The court may, on grounds of urgency, order the enforcement of any judgment even before the expiration of the times referred to in the last two preceding articles. The order for CODE OF ORGANIZATION AND CIVIL PROCEDURE such enforcement may be made in the judgment itself.
\n
258.Where (a) a period of fifteen years has expired since the day on which according to law an executive title mentioned in paragraphs (a), (c) and (d) of article 253, in respect of judgments and decrees of the Superior Courts could have been enforced; or (b) a period of ten years has expired since the day on which according to law an executive title mentioned in paragraphs (a), (c) and (d) of article 253, in respect of judgments and decrees of the Inferior Courts or of the Small Claims Tribunal could have been enforced; or Procedure for enforcement of executive titles.
\n
Amended by:
\n
IX.1886.48.
\n
Substituted by:
\n
XXII.1963.2;
\n
XXIV.1995.131;
\n
VII.2007.21.
\n
Amended by:
\n
XII.2009.4;
\n
IV.2016.12. (c) a period of five years has expired since the day on which according to law an executive title mentioned in paragraphs (b) and (e) of article 253, or in respect of proceedings taken under article 166A could have been enforced, the enforcement may only be proceeded with upon a demand to be made by an application filed before the competent court. The applicant shall also confirm on oath the nature of the debt or claim sought to be enforced, and that the debt or part thereof is still due.
\n
259.(1) The demand by application mentioned in the last preceding article shall in all cases be necessary where it is sought to enforce an executive title against the heirs of the debtor, even though the period referred to in the said article shall not have elapsed.
\n
(2)If there be no known heir, or if the heir has not as yet declared his intention as to the acceptance of the inheritance, a curator shall be appointed to represent the inheritance, and execution proceedings shall be taken against such curator.
\n
(3)The time allowed to deliberate upon the acceptance of the inheritance shall not operate as a stay of the execution proceedings.
\n
(4)The heirs, successors or assignees of the creditor may, by application served on the debtor, his successors or assignees, request the court to enforce any executive title in the name of the creditor even though the period referred to in the previous article shall not have elapsed. Such request shall be allowed by the court if it is satisfied that: (a) the applicants are the sole heirs, successors or assignees of the creditor; (b) the executive title is still valid for what is being claimed; and (c) the persons against whom enforcement is sought are the debtor, or his heirs, successors or assignees.
\n
Procedure for enforcement of executive title where debtor is dead.
\n
Amended by:
\n
IX.1886.48;
\n
XXIV.1995.132.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE Executive titles to be enforceable on movable and immovable property of debtor.
\n
Amended by:
\n
IX.1886.50.
\n
260.Saving the provisions of article 353, the enforcement of any of the executive titles referred to in article 253, may be carried out on the movable as well as on the immovable property of the debtor, as the creditor shall state.
\n
Joint enforcement of executive titles.
\n
Amended by:
\n
IX.1886.51.
\n
261.Any creditor of the same person under more than one executive title within the jurisdiction of the same court, may enforce such executive titles jointly in respect of all the claims due.
\n
Payment or fulfilment in part of debt or claim not to operate as waiver of execution.
\n
Amended by:
\n
IX.1886.52.
\n
262.The receipt of any payment on account of the debt, or the fulfilment of or the release from any part of the claim, shall not operate as a waiver of execution in respect of that part of the debt or claim as yet unpaid or unfulfilled, unless the contrary be made to appear.
\n
Enforcement by creditor of creditor.
\n
Amended by:
\n
IX.1886.53;
\n
XXII.2005.41.
\n
263.(1) It shall be lawful for the creditor of a creditor, by sworn application, to enforce or prosecute the enforcement of the title which his debtor was entitled to enforce.
\n
By which court executive titles are enforceable.
\n
Amended by:
\n
IX.1886.54.
\n
264.(1) Save as otherwise provided in this Code, judgments are enforceable by the court by which they are delivered, even though the execution is to take place beyond the limits of the local jurisdiction of such court.
\n
(2)The sworn application shall be served on the debtor against whom enforcement is sought and on his creditor.
\n
(2)Any other executive title mentioned in article 253 is enforceable by the court competent to take cognizance of the subject-matter thereof.
\n
Enforcement of judgment of appellate court.
\n
Amended by:
\n
IX.1886.55;
\n
XV.1913.78.
\n
Substituted by:
\n
XXXI.2002.88.
\n
265.In cases of appeals, the judgement shall be enforceable by the court of first instance independently of whether the Court of Appeal confirms, varies or reverses the judgement of the court of first instance.
\n
Provisional enforcement of judgments by order of the court.
\n
Substituted by:
\n
XXII.1963.3.
\n
266.(1) Except in the cases mentioned in article 267, a judgment which does not constitute a res judicata shall not be enforceable unless, on the demand of the interested party, such judgment has been declared by the court to be provisionally enforceable.
\n
(2)Such demand shall be made by means of an application which shall be served on the opposite party who shall be entitled to file an answer thereto within two working days.
\n
(3)The court of first instance shall, after summarily hearing the parties, dispose of the application as soon as may be after the filing thereof:
\n
Provided that (a) if the application is filed before the delivery of the judgment, the court of first instance shall dispose of CODE OF ORGANIZATION AND CIVIL PROCEDURE the application as soon as may be after such judgment is delivered; and (b) if, on appeal from the judgment of the court of first instance, the lodging of the record of the proceedings before the appellate court takes place prior to the disposal of the application by the court of the first instance, such application shall be dealt with and disposed of by the appellate court, and, in any such case, if the answer to the application has not been filed prior to such lodging, it shall be filed in the appellate court.
\n
(4)Where the court of first instance has declared a judgment to be provisionally enforceable, the appellate court may, at any time before delivering judgment, on the application of the interested party, confirm, vary or revoke the decision.
\n
(5)The provisions of sub-article (2) shall apply to any application filed under the last foregoing sub-article.
\n
(6)Where a demand for a declaration under sub-article (1) is not made to the court of first instance, such demand may be made to the appellate court at any time prior to the delivery of the judgment on appeal.
\n
(7)The court shall declare the judgment to be provisionally enforceable if it is satisfied that delay in the execution of the judgment is likely to cause greater prejudice to the party demanding a declaration under sub-article (1) than such execution would cause to the opposite party.
\n
(8)The party against whom execution of a judgment declared provisionally enforceable under this article is sued out, shall, in case of reversal or variation of such judgment, be entitled to damages and interest.
\n
(9)The court before which the record of the proceedings relating to a judgment declared provisionally enforceable under this article is for the time being lodged, may at any time order the party entitled to the execution of such judgment to give to the opposite party sufficient security for the payment of the damages and interest which may become due under sub-article (8).
\n
(10)Where a judgment has been declared provisionally enforceable under this article, its execution shall be stayed if the interested party gives sufficient security for the execution of the judgment on its becoming res judicata, including, where the matter refers to the payment of moneys, security for the payment of interest, and, where the matter refers to other things, security to make good any damage which may be caused thereto through his negligence or fault and to restore any fruits derived therefrom.
\n
(11)If any question arises as to the sufficiency of the security tendered under sub-article (10), the court may give such directions as it may deem proper as to whether the execution of the judgment should be suspended until such question is decided by another judgment constituting a res judicata.
\n
CODE OF ORGANIZATION AND CIVIL PROCEDURE
\n
(12)In this article the expression \"court of first instance\" shall be construed as if it included a reference to the Rent Regulation Board.
\n
Provisional enforcement by operation of law.
\n
Substituted by:
\n
XXII.1963.4.
\n
Amended by:
\n
XXIV.1995.133.
\n
267.
\n
The following shall be in all cases provisionally enforceable: (a) any judgment referred to in article 255(c); (b) any judgment providing redress against infringement of the individual’s right to life or providing remedies against illegal arrest or forced labour; and (c) any interlocutory decree.
\n
Other articles applicable to provisional enforcement.
\n
Substituted by:
\n
XXII.1963.5.
\n
Amended by:
\n
XXIV.1995.134.
\n
268.The provisions of articles 255, 256 and 257 shall apply to any provisional enforcement.
\n
Appeal from judgment authorizing enforcement of other judgment, etc.
\n
Amended by:
\n
XXII.1963.7.
\n
269.An appeal from a judgment authorizing the enforcement of another judgment, shall in no case operate as a stay of execution of such other judgment.
\n
Condition for registration in Public Registry of notes of reference deriving from a judgment.
\n
Added by:
\n
IX.1886.56.
\n
Substituted by:
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XXIV.1995.135.
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270.The Director of the Public Registry shall not receive any note of reference resulting from a judgment relating to any hypothecary registration unless an authentic copy of the judgment together with a certificate from the registrar that no appeal against such judgment has been entered and that the time for entering an appeal has elapsed or that the judgment is not subject to appeal, as the case may be, are delivered to the said registry with the aforementioned note:
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Provided that the foregoing shall not apply where the Director of the Public Registry is party to the suit, in which case he shall take the necessary steps as aforesaid as soon as the judgment has become a res judicata.
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Enforcement of part of judgment notwithstanding appeal from another part.
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271.It shall be lawful for a litigant to sue out execution of such heads of a judgment as are in his favour, notwithstanding an appeal from such heads as are against him.
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Power of the court in the execution of titles.
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Substituted by:
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XXXI.2002.89.
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272.In the absence of an express provision of law to the contrary, the court may, in the course of the execution of an executive title, on the application of the court executive officer, or the parties, or any other interested person, without delaying such execution, adopt such measures as it may deem necessary in order to safeguard the rights of the parties.
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CODE OF ORGANIZATION AND CIVIL PROCEDURE 273. The executive titles mentioned in article 253 may, according to circumstances, be enforced by any of the following executive acts: (a) warrant of seizure of movable property; (b) warrant of seizure of immovable property; (c) warrant of seizure of a commercial going concern;
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Executive acts.
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Amended by:
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IX.1886.57, 58;
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XII.1985.9.