Chapter 108 – Witnesses (Fees) Ordinance
What is this act about?
This law sets out the rules for fees and expenses that witnesses can receive for attending court to give evidence. It ensures witnesses are compensated for their time and costs, but also specifies conditions under which they might not be entitled to these payments.
Who it applies to: Any person subpoenaed or requested to be a witness in a court matter, except for ex parte witnesses; The Government of Malta, as its employees are not entitled to fees when called by the Government.
At a glance
- Country
- Malta
- Area of law
- Social security
- Articles
- 11
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The fees witnesses are entitled to for appearing in different types of courts.
- Reimbursement for travel expenses incurred by witnesses.
- Reimbursement for board and lodging expenses for witnesses traveling between Malta and Gozo.
- The process for claiming and appealing witness fees and expenses.
Who does this act apply to?
- Any person subpoenaed or requested to be a witness in a court matter, except for ex parte witnesses.
- The Government of Malta, as its employees are not entitled to fees when called by the Government.
What are the key points?
- Witnesses are entitled to fees prescribed in Schedule A for superior courts and Schedule B for other courts.
- Government employees are not entitled to fees when giving evidence for the Government of Malta.
- Witnesses are entitled to travelling expenses for going to and returning from court, but only for the cheapest means of conveyance actually used.
- Witnesses travelling between Malta and Gozo are entitled to board and lodging expenses, not exceeding limits in Schedule C.
- Fees and expenses are due for each day a witness attends court.
- A witness not previously subpoenaed must give notice of attendance to claim fees if they don't give evidence.
- No fees are due if a witness is already at the court's location when called, unless they were dismissed and recalled on the same day.
- The court can order an applicant to deposit funds to cover a witness's fees and expenses.
Social security
Legal text
Legal text
WITNESSES (FEES)
CHAPTER 108
WITNESSES (FEES) ORDINANCE To repeal and re-enact with amendments the law relating to the fees of witnesses in court. (27th December, 1940)* ORDINANCE XXXVI of 1940, as amended by Legal Notices: 46 of 1965, 148 of 1975; Acts: XXII of 1976, VIII of 1990, and XXIV of 1995; and Legal Notice 409 of 2007 and XIII of 2018.
Art. 1
The short title of this Ordinance is the Witnesses (Fees) Ordinance.
Art. 2
In this Ordinance - "court" means any court of competent jurisdiction and includes any Board appointed under any law and any person authorized by such court or Board to receive evidence; "prescribed" means prescribed under this Ordinance;
Short title.
Interpretation.
Amended by:
L.N. 46 of 1965;
L.N. 148 of 1975;
XXII.1976.4;
VIII.1990.3,;
XXIV.1995.360. "superior court" includes the Constitutional Court, the Civil Court (First Hall and Second Hall), the Court of Appeal, the Criminal Court, the Court of Criminal Appeal, the Court of Magistrates (Gozo) exercising its superior jurisdiction, and also any person authorized by any such court to receive evidence; "witness" means any person who is subpoenaed or requested by a party in a matter pending before any court for the purpose of being examined or of producing any document but does not include an ex parte witness in terms of articles 563A and 563B of the Code of Organization and Civil Procedure.
Art. 3
Witnesses shall be entitled to the fees prescribed in Schedule A to this Ordinance for attendance before a superior court and to the fees prescribed in Schedule B for attendance before any other court:
Right of witness to fees.
Amended by:
L.N. 148 of 1975.
Provided that no person employed in the service of the Government of Malta shall be entitled to any fee when called to give evidence by the Government.
Art. 4
Witnesses shall be entitled to travelling expenses for going to and returning from the place where they are to give evidence:
Right of witness to travelling expenses.
Provided that a witness shall not be entitled to other travelling expenses than those actually incurred by him in travelling by the cheapest means of conveyance.
Art. 5
Witnesses residing in Malta whose attendance is required before a court in Gozo and witnesses residing in Gozo whose attendance is required before a court in Malta shall also be entitled to expenses for board and lodging actually incurred by them in staying in Gozo or in Malta as the case may be. Such expenses shall *See Government Notice No. 621 of the 27th December, 1940.
Right of witness to expenses for board and lodging.
WITNESSES (FEES) not exceed the limits laid down in Schedule C to this Ordinance.
Fees and expenses due for each day of attendance in court.
Art. 6
The prescribed fees and expenses shall be due for each day the witness attends at the court:
Witness to give notice of attendance when not subpoenaed.
Art. 7
A witness who, not having been previously subpoenaed, attends at the court at the request of a party in a matter pending before any court, but for any reason whatsoever does not give evidence, shall not be entitled to the prescribed fees and expenses unless, at the end of each sitting attended by him, he gives notice of such request and attendance to the deputy registrar or to the person authorized to receive evidence who shall keep a note thereof in the record of the proceedings.
No fees due if witness is present in court.
Art. 8
Provided that a witness who, having been dismissed by the court, has withdrawn from the court and is on the same day recalled to give evidence, shall be considered as a fresh witness and shall be entitled to receive the prescribed fees and expenses.
Power of court to order deposit to cover fees and expenses.
Art. 9
In granting an application for the issue of a subpoena of a witness, the court may order the applicant to make a sufficient deposit to cover the fees and expenses due to the witness and if such order has been made the witness may refuse to give evidence till the deposit is made.
Issue of taxed bill by the registrar and right of interested person to appeal.
Art. 10
WITNESSES (FEES)
Art. 11
Minister may amend, substitute or make additions to the Schedules.
Added by:
XXIV. 1995.360.
SCHEDULE A Substituted by:
L.N. 409 of 2007;
XIII.2018.26. [ARTICLE 3] The following fees shall be allowed to witnesses before a superior court: (a) (b) (c) (d) (e) (f) (g) Ecclesiastics, members of the legal and medical professions, civil engineers, professors of the University, members of the Higher Division of the Civil Service, first grade Secondary School teachers, military officers, merchants, manufacturers, Police officers above the rank of Inspector, merchant navy captains and chief engineers and other persons of equal rank ..................
Commission agents, brokers, merchant navy officers below the rank of captain or c h i e f e n g i n e e r, E l e m e n t a r y S c h o o l headmasters, Secondary School teachers below the first grade, Police officers below the rank of Superintendent and other persons of equal rank .................................
Tradesmen, shopkeepers, inn-keepers, commercial travellers, Elementary School teachers, auctioneers, photographers, mechanics, Warrant and Non-commissioned officers in the Armed Forces of Malta and in the Police Force and other persons of equal rank .................................
Labourers, farmers, Police constables, soldiers, shop assistants and other workmen...................................................
Witnesses under 18 years of age, unless engaged in a profession or business................
Witnesses called to give evidence on scientific matters ........................................
For each hour or part of an hour that a witness is kept to give evidence before a superior court after 1 p.m., the following additional fees shall be due: (i) to witnesses mentioned in (a), (b) and (f) (ii) to other witnesses ..................................
70c 58c 47c 35c 23c 1.16c 12c 6c WITNESSES (FEES) SCHEDULE B Substituted by:
L.N. 409 of 2007. [ARTICLE 3] 1.
Witnesses who attend at a court other than a superior court shall be entitled to a fee of ...............
2.
Witness kept after 12 noon shall be entitled to an additional fee of ...............................................
3.
Witnesses called to give evidence on scientific matters shall be entitled to the fees specified in (f) in Schedule A.
6c 6c SCHEDULE C Substituted by:
L.N. 409 of 2007.
Amended by:
XIII.2018.26. [ARTICLE 5] The following expenses for board and lodging shall be allowed in terms of article 5 for each day a witness attends at any court:
In Malta In Gozo 1.
2.
3.
4.
To witnesses mentioned in (a) and (b) in Schedule A .................................... 1.16c 70c To witnesses mentioned in (c) in Schedule A ........................................
93c 70c To witnesses mentioned in (d) in Schedule A ........................................
58c 47c Witnesses under 18 years of age shall be allowed two-thirds of the amount prescribed in paragraphs 1, 2 and 3 of this Schedule according to the status of their parents.