EXECUTION OF  COMMISSIONS ROGATOIRES  
AND LETTERS OF REQUEST _g S.L.12.02 1
SUBSIDIARY LEGISLATION 12.02
EXECUTION OF  COMMISSIONS ROGATOIRES  AND 
LETTERS OF REQUEST RULES OF COURT
12th February, 1908;
24th November, 1911;
27th October, 1930
GOVERNMENT NOTICES 35 of 1908, 381 of 1911 and 423 of 1930,
consolidated, as amended by: Act LVIII of 1974 and Legal Notice 148 of
1975.
Title. 
Rogatoires  and Letters of Request Rules of Court.
Forms to be used 
for examination of 
witnesses.
2. In the execution of any  commission rogatoire  and letter of
request emanating from a court out of Malta, in the examination of
witnesses in regard to civil and commercial matters pending before
a court out of Malta, the forms numbered 1 and 2 set out in the
Schedule to these   Rules shall be used.
Procedure to be 
adopted.
Amended by:
LVIII. 1974.68;
L.N. 148 of 1975.
3. Where in any civil or commercial matter pending before a
court or tribunal of a foreign country, a letter of request from such
court or tribunal for service on any person, in Malta, of any process
or citation in such matter, is transmitted to any of   the superior
courts, with an intimation that it is desirable that effect should be
given to the same, the following procedure shall be adopted:
( a ) The letter of request for service shall be accompanied
by a translation thereof in the English language, and
by two copies of the process or citation to be served,
and two copies thereof in the English language.
( b ) Service of the process or citation shall be effected by
one of the marshals of the superior courts.
Cap. 12.
( c ) Such service shall be effected in accordance with the
provisions of article 187 of the Code of Organisation
and Civil Procedure.
( d ) After service has been effected, the process server
shall return to the Registrar of Courts one copy of the
process, together with the evidence of service by a
declaration on oath of the person effecting the service,
and particulars of charges for the cost of effecting such
service.
( e ) The particulars of charges for the cost of effecting
service shall be submitted to the Registrar who shall
certify the correctness of the charges or such other
amount as shall be properly payable for the cost of
effecting service.
( f ) The Registrar shall transmit through the Prime
Minister to the President of Malta the letter of request
for service received from the foreign country, together
with the evidence of service, with a certificate
2 _g S.L.12.02
EXECUTION OF  COMMISSIONS ROGATOIRES  
AND LETTERS OF REQUEST
appended thereto duly sealed with the seal of the
Superior Courts. Such certificate shall be in the form
numbered 3 as set out in the Schedule to these Rules.
Supplementary 
judges.
Cap. 12.
4. The Court of Appeal may, for the purposes of taking   the
evidence of the witness or witnesses mentioned in the  commission
rogatoire  or letter of request, delegate one of the supplementary
judges appointed under the provisions of article 13 of the Code of
Organization and Civil Procedure or any other person including the
consular or diplomatic officer of the country making the request for
the examination of the witness or witnesses.
Special procedure. 5. Where a request is made for the application of a special
procedure in the examination of the witnesses referred to in rule 4,
it shall be lawful for the Court of Appeal to order that such
procedure   be followed, provided that such procedure be not
inconsistent with the law in force in these Islands.
Powers of Court of 
Appeal.
6. For the purposes of subpoening   witnesses to appear before
the person delegated as referred to in rule 4, and of causing such
witnesses to give evidence and to produce documents and for any
other object relating to the examination of the witnesses referred to
in rule 4, the Court of Appeal shall have all the powers which are
by law conferred upon such court with regard to witnesses
produced in cases pending before such court.
EXECUTION OF  COMMISSIONS ROGATOIRES  
AND LETTERS OF REQUEST _g S.L.12.02 3
(Rules 2 and 3)
FORM No. 1
ORDER FOR THE EXAMINATION OF WITNESSES
The Court of Appeal
In the manner of a (civil or commercial) proceeding now pending before ( a )
intituled as follows
Between
Plaintiff
and
Defendant.
Upon reading the affidavit (if any) of
filed the day of 19
and the certificate of ( b )
that proceedings are pending in ( a )
in ( c ) and 
that such Court is desirous of obtaining the testimony of ( d )
It is ordered that the said witness do attend before ( e ) who is
hereby appointed examiner herein, at ( f ) on the day of
19 at o’clock, or such other day and time as the said examiner
may appoint, and do there submit to be examined upon oath or affirmation, touching
the testimony so required as aforesaid, and do then and there produce ( g ) 
And it is further ordered that the said examiner do take down in writing the
evidence of the said witness or witnesses, according to the rules laid down in the
Code of Organization and Civil Procedure; and do cause each and every such witness
to sign his or her deposition in his, the said examiner’s, presence; and do sign the
deposition taken in pursuance of the order, and when so completed, do transmit the
same together with this order, to the Registrar of Courts for transmission through the
official channel to the president of the said tribunal desiring the evidence of such
witness or witnesses.
Dated this day of
 SCHEDULE Amended by:L.N. 148 of 1975.
( a ) Description of foreign tribunal.
( b ) Name and description of the Ambassador, Minister, Diplomatic Agent or Consul of the
foreign country.
( c ) Name of foreign country.
( d ) Names of witnesses.
( e ) Name and address of examiner.
( f ) Place appointed for examination.
( g ) Description of documents, if any, required to be produced.
4 _g S.L.12.02
EXECUTION OF  COMMISSIONS ROGATOIRES  
AND LETTERS OF REQUEST
FORM No. 2
CERTIFICATE
I,Registrar of Courts, hereby certify that the
documents annexed hereto are:
(i) the original order of the Court of Appeal dated the day of
19 made in the matter of
pending in the Court of
at
in the of
directing the examination of certain witnesses to be taken before
; and
(ii) the examination and the depositions taken by the
, pursuant to the said order and duly signed and completed by him on the
day of 
Dated this day of 19
FORM No. 3
Certificate of Service of Foreign Process
I, Registrar of Courts in Malta., hereby certify that
the documents annexed hereto are as follows:
(1) the original letter of request for service of process received from the court or
tribunal at 
in the 
,  in the matter of 
versus
and
(2) The process received with such letter of request; and
(3) The evidence of service upon the person named in such letter of request.
And I certify that such service so proved is such as is required by the Code of
Organization and Civil Procedure of Malta and its Dependencies. And I certify that
the cost of effecting such service amounts to the sum of Lm
Dated this day of ,19 
