SERVICE OF JUDICIAL ACTS BY POST [ S.L.12.12 1
SUBSIDIARY LEGISLATION 12.12
SERVICE OF JUDICIAL ACTS BY POST RULES
1st October, 1995
LEGAL NOTICE 132 of 1995.
Title. 
Rules.
Intepretation.
Cap. 12.
"court" means any court mentioned in articles 3 and 4 of the
Code;
"judicial act" means any act or written pleading filed in the
registry of, or emanating from, any court, tribunal or board in
Malta, and any act or written pleading filed in, or emanating from
any court, tribunal or board outside Malta, which may, by virtue of
any law or treaty, be served on any person in Malta, but shall not
include the warrants and orders mentioned in Title VII of Book
Second and in Title VI of Book Third of the Code;
Cap. 304.
"treaty" has the same meaning as is assigned to it by article 2 of
the Ratification of Treaties Act.
Service by post.
service of judicial acts shall, unless otherwise ordered by a court,
be effected by registered post, and an application for an advice of
delivery shall be made at the time of posting: 
Provided that the registrar on a request by the party filing
the judicial act may, upon reasonable cause being shown, direct that
service be effected by the executive officers of the courts.
(2) The provisions of this rule shall not apply to -
( a ) applications of appeal;
Cap. 319.
( b ) applications made under the provisions of the
Constitution of Malta and the European Convention
Act;
( c ) writs of summons; and
( d ) applications referred to in Part II of Book Second of
the Code.
Acts to be enclosed 
in envelope.
4. Copies of judicial acts to be served by post as aforesaid
shall be enclosed in an envelope bearing the words "Judicial Act"
in a prominent place.
Duties of executive 
officers of the 
courts.
5. Where service is to be effected by post, the executive
officers of the courts shall -
( a ) prepare the necessary postal documents for such
service and present the relative envelope with the
pleading enclosed at the post office;
2 [ S.L.12.12 SERVICE OF JUDICIAL ACTS BY POST
( b ) note in a register to be kept for the purpose, the
particulars in the judicial act mentioned in article 174
of the Code, the date of filing in the registry and the
number of the cash office of the registry marked on the
judicial act, the number given by the postal authorities
to the envelope in which the judicial act is enclosed for
posting, and, if service has been effected, the date of
such service and the date of the return of the advice of
delivery;
( c ) draw up a certificate whether the service was effected
or not and in which the particulars mentioned in article
188 of the Code shall also be included; and
( d ) inform the party filing a written pleading, or his
advocate or legal procurator, whether service was
effected or not and, if in the affirmative, when.
