 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             1
CHAPTER 12
CODE OF ORGANIZATION AND CIVIL PROCEDURE
To amend and consolidate the Laws of Organization and Civil Procedure. *
1st August, 1855
ORDINANCE IV of 1854 as amended by Ordinances: V, VII and X of 1856, XII of 1857, XI
of 1858, XI of 1859, IV of 1862, III of 1863, V of 1864, IV of 1865, IV of 1868, IX of 1871, VII
of 1876, I, VI and VII of 1880, XV of 1885, IX of 1886, VII of 1892; the Malta  ( Use of the
English Language in legal proceedings )  Order-in-Council, 1899; Ordinances: XV of 1900, VI
and VIII of 1901, II and VIII of 1903, V of 1904, IV of 1905, XV of 1913, I, II and XVII of
1914, II of 1916; Government Notices: No. 340 of 1916, No. 162 of 1917; Ordinance XII of
1918; Government Notices: Nos 136 and 137 of 1919, No. 203 of 1920; Acts: XVI of 1922, IV
and XII of 1924, XIII of 1925, XI, XVI and XX of 1929; Government Notices: Nos. 78 and 475
of 1929; Act XI of 1932; Government Notice No. 105 of 1933; Ordinances: IV, XVI, XIX, XXXI
and XXXIII of 1934; Government Notice No. 393 of 1934; Ordinance XXVIII of 1935;
Government Notice No. 138 of 1935; Ordinances: XXI of 1936, XXXVI of 1938, III and XXIX
of 1939; Government Notice No. 549 of 1939; Ordinances: II and XV of 1940; Government
Notice No. 249 of 1941; Ordinances: XI and XII of 1942; Government Notice No. 653 of 1942.
Incorporating also Ordinance II of 1868 as amended by Ordinance VI of 1895.
The Code was subsequently amended by Government Notice No. 199 of 1944; Ordinance II
of 1947: Acts: LIII and LXII of 1948: Government Notice No. 139 of 1949; Act XXIX of 1952;
Government Notice No. 33 of 1953; Act II of 1954; Ordinances: IV of 1961, XXI and XXV of
1962; Act XXII of 1963; Legal Notice 4 of 1963; Acts: XIII and XV of 1964, XIX and XXXII of
1965; Legal Notice 46 of 1965; Acts: XXXI of 1966, XX of 1968; Legal Notices: 2, 7 and 9 of
1968; Acts: I and XXI of 1969, XXVII of 1970, XXIII and XXX of 1971; Legal Notice 78 of
1971; Acts: XI and XLVI of 1973, V, VII, XXXV and LVIII of 1974, X and XXIV of 1975; Legal
Notices: 148 and 154 of 1975; Acts: XVIII and XXII of 1976, XI and XXVII of 1977, XII of
1978, XXVII of 1979; Legal Notices: 29 and 95 of 1979; Acts: XI, XIV and XXXI of 1980;
Legal Notices: 49, 99 and 102 of 1980; Acts: VIII, XLIX and LII of 1981; Legal Notices: 56
and 96 of 1981; Act XVI of 1982; Legal Notice 42 of 1982; Acts: XIII and XV of 1983, IV and
XI of 1984, XII, XIII and XX of 1985, V and XXXIX of 1986; Legal Notices: 3 of 1986, 1 of
1987, 28 of 1988, 120 of 1989; Acts: VIII of 1990, XVII of 1991; Legal Notice 116 of 1992;
Acts: XXII of 1992, XXI of 1993, XI of 1994 and V of 1995; Legal Notices 91 and 190 of 1995;
Act XXIV of 1995; Legal Notice 18 of 1996; Acts II and IV of 1996; Legal Notices: 121, 122,
124, 153 and 154 of 1996; 149 and 226 of 1997; Acts XI and XVIII of 1999; Legal Notices 1,
142 and 197 of 2000,  and 8 and  34 of 2001; Acts:IV and VI of 2001, and III, XVIII and XXXI
of 2002; and Legal Notice 383 of 2003.
*This Code, enacted by Ordinance IV of 1854, was promulgated by Proclamation No. VI of the 1st of May,
1855.
  2        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
ARRANGEMENT OF CODE
Articles
Short title 1
BOOK FIRST
Title I.  Of the Courts of Justice generally  2-30 
Title II.  Of the Superior Courts  31-46 
Title III.  Of the Inferior Courts  47-56A
Title IV.  Of the Registrar  57-66
Title V.  Of Marshals, Ushers and other Executive Officers  67-73
Title VI.  Of Archivists  74-78 
Title VII.  Of Advocates 79-84
Title VIII. Of Legal Procurators  85-88 
Title IX.  Of Curators, Advocates and Legal Procurators "ex officio"
and Accountants 89-96 
Title X.  Illegal Practices by Advocates and Legal Procurators 
97 
BOOK SECOND
OF THE PROCEDURE IN THE COURTS OF 
JUSTICE OF CIVIL JURISDICTION
General Provisions - Nullity, Legal or Judicial Times,
Public Holidays, Oaths, Judicial Acts, Sessions and
Vacations 98-124
 PART I
OF THE ORDINARY MODE OF PROCEDURE 
IN CONTENTIOUS MATTERS
General Provision  125 
Title I. Of the Mode of Procedure by Application for Appeal  142-153 
Title II. Of the Mode of Procedure by Writ of Summons  154-160 
Title III Of the Ordinary Mode of Procedure in Contentious Matters
as applied to the respective Courts  161-173
Title IV.  Provisions applicable to Written Pleadings and other Acts
of Procedure 174-193 
Title V.  Of the Trial of Causes  194-215 
Title VI.  Of Decrees, Judgments and Appeals  216-251
Title VII.  Of the Enforcement of Judgments and other Executive
Titles 252-395
Sub-title I.   Of the Warrant of Seizure of Movable Property  284-304
Sub-title II.  Of Judicial Sales by Auction  305-356
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             3
Sub-title III.  Of the Warrant of Imprisonment for Debt *  357-374 
Sub-title IV.  Of the Executive Garnishee Order  375-383 
Sub-title V.  Of the Warrant of Ejectment or Expulsion from Immovable
Property 384
Sub-title VI.  Of the Warrant  In Factum   385-388
Sub-title VII.  Of the Rendering of Accounts and Liquidation of Fruits  389-395
Title VIII. Of Certain Special Proceedings  396-469A
Sub-title I.  Of Reconvention  396-402 
Sub-title II. Of Jactitation Suits  403-415 
Sub-title III.  Of Competing Claims  416-435 
Sub-title IV. Of Uncertain or Unknown Heirs  436-447
Sub-title V.  Of Disentail  448-459 
Sub-title VI. Of Causes of the Government  460-469 
Sub-title VII.  Judicial Review of Administrative Action  469A
PART II
OF THE MODE OF PROCEDURE BEFORE THE 
CIVIL COURT, SECOND HALL
General Provisions  470-489 
Title I.  Of Disentail by Decree of Court of Voluntary Jurisdiction  490-498
Title II. Of the Disencumberment of Immovable Property by the
Procedure of Edicts  499-511
Title III. Of the Appointment of Tutors, Curators and other
Administrators 512-519
Title IV. Of Interdiction and Incapacitation  520-527 
Title V. Of the Presentation and Publication of Secret Wills  528-535 
Title VI. Of the Declaration of the Opening of a Succession  536-540 
Title VII. Of the Inventory  541-549
Title VIII. Of the Execution of Acts in pursuance of Decrees of the
Civil Court, Second Hall  550-555
Title IX. Of the Taxation of Certain Fees  556-557
BOOK THIRD
OF CERTAIN MATTERS RELATING TO 
JUDICIAL PROCEDURE
Title I. Of Evidence  558-727 
Sub-title I.  Of Witnesses  563-.626 
Sub-title II.  Of Documentary Evidence  627-636 
Sub-title III. Of the Demand for the Production of Documents  637-643
* Repealed by Act No. XII of 1985.
Articles
  4        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Sub-title IV. Of Referees  644-682
Sub-title V.  Of Inspection  in faciem loci  683-692 
Sub-title VI. Of the Proof by Admission or by Reference to the Oath of
the other Party 693-727 
Title II.  Of Pleas  728-805
Sub-title I. Of Pleas generally  728-732
Sub-title II. Of the Challenge of Judges and Magistrates and of
Surrogation 733-740 
 Sub-title III. Of Pleas to the Jurisdiction  741-777
Sub-title IV. Of the Plea as to the Capacity of the Plaintiff or Defendant 780-788
Sub-title V. Of the Plea of Nullity of Judicial Acts  789-790 
Sub-title VI. Of Pleas in Spoliation Suits  791 
Sub-title VII. Of the Plea of  Lis Alibi Pendens  or of Connection of
Actions 792-794
Sub-title VIII. Of the Plea as to B eneficium Excussionis  795-801
Sub-title IX. Of the Plea of Falsification  802-805
Title III. Of the Change of Parties by Death, etc.  806-810A 
Title IV. Of New Trial  811-825 
Title V. Of the Enforcement of Judgments of Tribunals of
Countries outside Malta  826-828
Title VI. Of Precautionary Acts  829-888
General Provisions  829-838A
Sub-title I. Of the Warrant of Description  839-845
Sub-title II. Of the Warrant of Seizure  846-848
Sub-title III. Of the Garnishee Order  849-854
Sub-title IV. Of the Warrant of Impediment of Departure  855-872 
Sub-title V. Of the Warrant of Prohibitory Injunction  855-870 
Sub-title VI. Of the  Meditatio Fugae  Warrant* 873-877
Title VII. Of the Protest and Judicial Letter  876-888
Title VIII. Of Security 893-905
Title IX. Of Discontinuance  906-910
Title X. Of the Admission to Sue or Defend with the Benefit of
Legal Aid 911-928 
Title XI. Of Curators  929-942
Title XII. Of Deposits  943-951 
Title XIII. Of the Benefit of  Cessio Bonorum †  952-959 
Title XIV. Of the Intervention and Joinder of Parties  960-962 
Title XV. Of the Desertion of Causes  963-967 
Title XVI. Of Arbitration  968-987 
Title XVII. Of the Respect due to the Court  988-1003A 
Title XVIII. Of Judicial Costs  1004-1006 
* Repealed by Act XII of 1985.
† Repealed by Act XXIV of 1995.
Articles
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             5
Title XIX. Of Forms  1007-1008 
Repealing Provision  1009
Procedure of electronic means  1009A
  SCHEDULES
Schedule A. Tariffs referred to in the Code of Organization and
Civil Procedure.
Schedule B. Forms.
Schedule C.
Articles
  6        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Title. 1. The title of this Code is Code of Organization and Civil
Procedure.
BOOK FIRST 
Title 1 
O F THE  C OURTS OF  J USTICE  G ENERALLY
Civil courts of 
justice.
Amended by: 
XXII. 1976.4;
XXXI. 2002.3.
2. (1) The courts of justice of civil jurisdiction for Malta are
either superior or inferior.  Each court may be divided into different
sections.
(2) Unless otherwise established by law, the President of Malta
may by Order establish the  sections of each Court, and designate the
categories of cases assigned to each  section; and may by subsequent
Order amend, revoke or substitute such Order.
(3) Saving any other provision of law, the courts of justice of
civil jurisdiction are exclusively vested with the judicial authority
in civil matters within the jurisdiction of the tribunals of Malta.
Superior courts.  
Amended by: 
XIII. 1964.2. 
Substituted by: 
L.N. 148 of 1975; 
XXIV. 1995.2.
3. The superior courts are: 
( a ) the Civil Court;
( b ) the Court of Appeal; and 
( c ) the Constitutional Court.
Inferior courts.  
Amended by: 
XV.1913.1; 
VIII. 1990.3.
 4. The inferior courts are:
( a ) the Court of Magistrates (Malta) for the Island of
Malta; 
( b ) the Court of Magistrates (Gozo) for the Islands of
Gozo and Comino.
Jurisdiction of 
superior and 
inferior courts. 
Amended by: 
IX. 1886.1.
5. (1) Save as otherwise provided by law, the jurisdiction of
the superior courts is general for Malta.   
(2) The jurisdiction of the inferior courts is limited to
particular places.
Constitution of 
superior courts. 
Amended by: 
IX. 1886.2; 
IV. 1905.2; 
XV.1913.2; 
XVII.1914.1; 
XXXI.1934.2; 
XXVIII.1935.2. 
Substituted by: 
XIII. 1964.3; 
L.N. 148 of 1975.
Amended by: 
XXII. 1992.2.
6. (1) The Chief Justice and President of the Court of Appeal
and all other judges shall sit in the superior courts as by law
provided. 
(2) Besides the Chief Justice, the judges of the Superior Courts
shall be thirteen or such greater number as the President of Malta
may by Order *  prescribe.
*By Legal Notice 58 of 1998 the number has been increased to ''eighteen''.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             7
Constitution of 
inferior courts. 
Amended by: 
IX.1886.3. 
Substituted by:
XIII.1964.4.
7. The magistrates shall sit in the inferior courts.
Judges may not 
communicate with 
suitors, etc. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68; 
L.N. 148 of 1975;
XXXI. 2002.4.
8. (1) Saving the cases expressly provided for in this Code,
the judges shall not, except in open court, either directly or
indirectly, hold any communication with any suitor in any of the
courts, or with any advocate, legal procurator, or other person on
behalf of such suitor, in regard to any suit which is pending at the
time, or is about to be commenced or prosecuted. Nor shall they,
without the permission of the President of Malta, first had and
obtained on an application to that effect, act as advocates or in any
case give counsel or advice in regard to any suit which they know
to be already commenced, or which they foresee as likely to
commence.
Exceptions.
the case of lawsuits concerning any of the parties mentioned in
article 734( a ),   ( b ),   ( c )   and   ( e ).
(3) Nothing in the preceding subarticle shall be deemed to
preclude a judge or magistrate from communicating with the
advocate or legal procurator of a party in connection with any
matter concerning the management of a cause pending before the
judge or magistrate:
Cap. 9.
Provided that a magistrate shall not be debarred from
holding any communication for the purposes of any inquiry into
any criminal matter when such magistrate is holding an inquiry
under Title II of Part I of Book Second of the Criminal Code.
Judges may not act 
as arbitrators etc. 
Amended by: 
L.N.148 of 1975.
9. Moreover, it shall not be lawful for any of the judges to act
as an arbitrator, or to accept any tutorship or other administration
except such as may be assigned to him by law.
Oaths of allegiance 
and of office to be 
taken by judges. 
Amended by: 
XIII.1964.5; 
L.N. 46 of 1965; 
LVIII. 1974.68; 
L.N. 148 of 1975; 
XII.1978.2; 
XXIV. 1995.3;
XXXI. 2002.5.
10. (1) The judges shall, before entering on the execution of
their office, take, before the President of Malta, the oath of
allegiance set out in the Constitution of Malta and the following
oath:
Form of oath of 
office.
Oath of Office
I........... do swear that I will faithfully perform the duties of
Judge without favour or partiality ,  according to justice and right ,
and in accordance with the laws and customs of Malta ,  to the
honour of God and the Republic of Malta ,  and that I will not hold ,
either directly or indirectly ,  any communication with any suitor in
any of the Courts ,  whether superior or inferior ,  his Advocates or
Legal Procurators ,  or with any other person on behalf of such
suitor ,  in regard to any suit pending or about to be commenced or
prosecuted in any of the said Courts ,  except in open court ,  saving
the cases expressly provided for by law; and that I will disclose in
  8        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
open court ,  and make known to the President of Malta any such
communication as may be made to me. And I do further swear that I
will not act ,  either directly or indirectly ,  as an Advocate ,  or
arbitrator ,  nor give in any case counsel or advice to any person in
regard to any suit already commenced or to be commenced in any
of the said Courts ,  saving the cases excepted by law ,  without the
permission of the President of Malta first had and obtained upon
an application to that effect. So help me God.
(2) Where any communication as is referred to in the form of
oath contained in sub-article (1) consists in an anonymous letter or
in a letter the writer whereof cannot be readily identified, or where
any such communication contains insulting or offensive
expressions, the judge who received the communication need not
read out the communication in open court but may instead disclose
in open court the fact of such receipt and shall in any case make the
content thereof known to the President of Malta.
Distribution of 
duties of judges. 
Amended by: 
I.1914.1; 
XII.1918.2; 
XII.1964.6; 
L.N. 46 of 1965; 
XXIII.1971.2; 
LVIII. 1974.68; 
L.N. 148 of 1975; 
XXII. 1992.3;
XXXI. 2002.6.
11. (1) The President of Malta shall assign to each of the
judges the court or the chamber of the court in which he is to sit,
and may transfer a judge from one court or chamber of a court to
another:
Provided that a judge may be assigned to sit in more than
one court or more than one chamber of one or more courts.
Surrogation of 
judges.
(2) The President of Malta is also empowered to surrogate
another of the judges, in lieu of the judge appointed to sit in any
particular court, whenever the latter is, in the cases provided for in
this Code, challenged or otherwise lawfully impeded.
(3) A surrogation may also be made in the case of a vacancy in
the number of judges.
(4) Any assignment of duties, transfer or surrogation, and any
distribution of duties in general, in respect of the judges, shall be
deemed to have been properly and sufficiently notified for all purposes
if notice thereof is posted in such registry as the Minister may under
article 27 prescribe for the purpose before or at the beginning of the
period during which such assignment, transfer, surrogation or
distribution is to take effect .
(5) The registrar shall keep a record of all notices posted up in
terms of the last preceding sub-article and of the date of such
posting.
Applicability of 
certain provisions 
to President of 
Court of Appeal. 
Amended by:
I. 1914.2;
XXXI. 1934.3;
XIII. 1964.7;
XXXI. 2002.7.
12. (1) The provisions of articles 8, 9, 10 and 11 shall,  mutatis
mutandis , also apply to the President of the Court of Appeal .
(2) Whenever the President of the Court of Appeal is, in the
cases provided for by law, challenged or otherwise lawfully
impeded, the senior of the judges constituting the Court of Appeal
shall be the President of that court.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             9
Appointment of 
supplementary 
judges. 
Amended by: 
XII.1918.3; 
XXXI.1934.4. 
Substituted by: 
XIII.1964.8. 
Amended by: 
LVIII.1974.68.
13. Repealed by XXXI. 2002.8.
Oaths to be taken 
by supplementary 
judges. 
Amended by: 
XV.1913.3; 
XII.1918.4; 
XIII.1964.9; 
L.N. 46 of 1965; 
LVIII.1974.68.
14. Repealed by XXXI. 2002.8.
Applicability of 
certain provisions 
to magistrates. 
Amended by: 
XV.1913.5; 
IV. 1924.3; 
VIII. 1990.3; 
XXIV. 1995.4.
Substituted by:
XXXI. 2002.9.
15. The provisions of articles 8, 9, 10 and 11 shall,  mutatis
mutandis , apply to magistrates .
Judges and 
magistrates may 
not hold other 
offices of profit. 
Exceptions.  
Amended by: 
IV. 1868.1; 
XV. 1913.5; 
IV. 1924.4.
Substituted by:
XXIV. 1995.5.
Amended by: 
XXXI. 2002.10.
16. It shall not be lawful for any judge or magistrate to carry
out any other profession, business or trade, or to hold any other
office of profit whatsoever, even though of a temporary nature,
with the exception of any judicial office on any international Court
or tribunal or any international adjudicating body, the office of
examiner at the University of Malta.
Oaths to be taken 
by magistrates.  
Amended by: 
XV.1913.5; 
IV.1924.5; 
L.N. 46 of 1965; 
LVIII. 1974.68; 
L.N.148 of 1975; 
XII.1978.3.
17. Repealed by XXXI. 2002.11.
Surrogation of 
magistrates. 
Amended by: 
XV.1913.6; 
XXXI. 1934.5; 
L.N. 46 of 1965; 
LVIII.1974.68; 
XXIV.1995.6.
18. Repealed by XXXI. 2002.11.
  10        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Power of President 
of Malta to make 
regulations 
respecting the 
distribution of 
duties of 
magistrates in 
Malta or Gozo. 
Added by: 
IX.1886.4. 
Amended by: 
XV.1913.6; 
L.N. 46 of 1965; 
LVIII.1974.68; 
VIII.1990.3; 
XXIV.1995.7.
19. Repealed by XXXI. 2002.11.
Supplementary 
magistrates for 
Gozo. 
Amended by: 
XV.1913.6; 
XIII.1964.11; 
L.N. 46 of 1965; 
LVIII.1974.68; 
VIII.1990.3; 
XXIV.1995.8.
20. Repealed by XXXI. 2002.11.
Language of the 
courts. 
Amended by: 
Order-in-Council 
of 1899, s.11; 
II.1914.1; 
Letters Patent, 
1921, s.57 ( 3 ) ; 
XVI.1929.5,6; 
XI.1932.1,2; 
XXXI.1934.6; 
XXI.1936.2. 
Substituted by: 
XXXII.1965.8. 
Amended by: 
XXIV. 1995.9. 
Cap. 189.
21. (1) The Maltese language shall be the language of the
courts and, subject to the provisions of the Judicial Proceedings
(Use of English Language) Act, all the proceedings shall be
conducted in that language.
(2) Where any party does not understand the language in which
the oral proceedings are conducted, such proceedings shall be
interpreted to him either by the court or by a sworn interpreter.
(3) Any evidence submitted by affidavit shall be drawn up in
the language normally used by the person taking such affidavit. The
affidavit, when not in Maltese is to be filed together with a
translation in Maltese, which translation is furthermore to be
confirmed on oath by the translator.
Causes to be tried 
in public. 
Exceptions. 
Amended by: 
IV. 1862.2.
22. (1) Causes shall be tried in public:
Provided that it shall be lawful for the court to order that the
cause be heard with closed doors, should decency or good morals
so require.
(2) It shall also be lawful for the court, in any other case, at the
request of both parties, upon good reason being shown, to order
that the cause be heard with closed doors.
Order of court to 
be recorded. 
(3) In any of the said cases, the order of the court shall be
recorded.
Judgments to be 
delivered in public.  
Substituted by: 
XXIV.1995.10.
23. The judgment shall in all cases be delivered in public. The
court delivering the judgment shall read out the operative part
which is to be included in the concluding part of the judgment. The
operative part of the judgment shall include a reference to the
claims or pleas which have been decided upon and every
declaration intended to be conclusive or binding. Immediately upon
delivery the judge or magistrate shall deposit a signed transcript of
the judgment in the records of the case. 
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             11
Each court to deal 
with matters 
pending before it.
24. Any order in regard to any matter pending before the courts
shall be given by the court to which such matter appertains, and any
application for any such order shall be made to such court
exclusively.
Suitors, etc., not to 
have private 
communication 
with judges or 
magistrates.  
Amended by: 
XI.1859.1; 
XXXI. 1934.7; 
L.N. 148 of 1975.
25. Saving the proviso to article 15, suitors as well as
advocates, legal procurators and all other persons acting in the
name and on behalf of such suitors, are, under the penalties laid
down in article 997, forbidden to make any private application to
the judges or to the magistrates in regard to matters pending or to
be brought before any of the courts of justice.
Mode of applying 
to court for any 
order.
26. Any suitor, advocate or legal procurator, desiring to apply
to the court for any order, may do so either when the court is sitting
or at any other time; but, in the latter case, the application must be
made through the registrar.
Registry of 
superior courts. 
Amended by: 
VI.1880.2; 
L.N 46 of 1965; 
X. 1975.2; 
XXI V. 1995.11.
27. (1) There shall be one registry common to all the superior
courts.
Registries of 
inferior courts.
(2) Each of the inferior courts shall have its own registry.
Appointment of 
registrar.
(3) The registrar shall be appointed by the Prime Minister, and
the other court officials mentioned in article 57(2) shall be
designated to perform the duties of their office by the Minister
responsible for justice.
Court archives. 
Amended by: 
VI. 1880.3; 
XI.1942.2; 
L.N. 4 of 1963; 
XXXI. 1966.2.
28. There shall be two general archives for all the courts, one in
the city of Valletta and the other in the Island of Gozo; and all the
acts of the said courts shall be deposited and kept in the said
archives, as provided in article 65:
Provided that the Minister responsible for justice may, by notice
published in the Government Gazette, direct that the archive in the
city of Valletta be transferred to such other place as shall be
indicated in the notice, and, or alternatively, that the said archive
be divided into two or more articles to contain respectively the acts
of the superior courts, of the inferior courts, or parts thereof,
whenever such courts are established in separate edifices, and that,
having given such directions, he may subsequently vary them.
  12        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Rule-Making 
Board. 
Amended by: 
XV. 1913.7; 
XXXI. 1934.8; 
XXI. 1936.3; 
XIII. 1964.12; 
XIX. 1965.2;
XXXII. 1965.8;
L.N. 46 of 1965;
XXX. 1971.3;
LVIII. 1974.68;
L.N. 148 of 1975;
LII. 1981.2; 
XXII. 1992.4.
Substituted by: 
XXIV. 1995.12.
Amended by:
XXXI. 2002.14.
29. (1) There shall be a Board composed of the Chief Justice,
as chairman, who shall also have a casting vote,  one judge, who
shall be a judge sitting in the Criminal Court or the Court of Criminal
Appeal, one magistrate, both judge and magistrate being appointed by
the President of Malta, the Attorney General, the President of the
Chamber of Advocates and the President of the Chamber of Legal
Procurators  whose function shall be to make rules, to be called
Rules of Court, for the purposes specified in subarticle (2).
(2) Rules of Court may be made generally in respect of all
matters concerning the conduct of  causes with the object of
ensuring a proper and efficient administration of justice and, in
particular, but without prejudice to the generality of the aforesaid - 
( a ) for securing and maintaining order and decorum
within the building of the courts;
( b ) for fixing the days, hours, duration and number of the
sittings of the courts, determining the manner of
distribution of the causes among judges and the
magistrates appointed to sit in a particular court or
chamber thereof, and for making other provision in
respect of any matter aforesaid as the Board may deem
appropriate;
( c ) for regulating leave of absence, for any reason, by
judges, or magistrates, including a requirement of
authorisation or sanctioning of such leave by the
competent authorities;
( d ) for establishing any forms not provided for in this
Code;
Cap. 189.
( e ) for carrying into effect the provisions of the Judicial
Proceedings (Use of English Language) Act, as
regards the language to be used in the proceedings;
( f ) for making provision with respect to judicial acts and
matters of or incidental to practice and procedure not
provided for in this Code or in any other law;
( g ) for establishing case management procedures:
Provided that nothing contained in such rules shall be
inconsistent with or repugnant to the provisions of this Code or any
other law:
Provided further that the Minister responsible for justice may,
in the absence of the Rules of Court made in accordance with the
provisions of this subarticle, make regulations on any matter referred
to in this subarticle.
(3) The Board may act notwithstanding any vacancy in its
membership but shall not act unless at least the Chief Justice and
another two members are present.
(4) Rules made under this article shall be subject to the
approval of the President of Malta, and shall come into force on or
after the day of their publication in the Gazette, as may be specified
therein.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             13
(5) The Minister responsible for justice may by regulations
confer on the Board additional powers and functions for the
amelioration of the administration of justice.
(6) The Chief Justice may from time to time convene meetings of
judges and magistrates, either separately or collectively, and shall
regularly consult with the same, individually or collectively, regarding
matters concerning the conduct and trial of causes, the application and
conduct of court procedures and proceedings, the implementation of
administrative procedures connected with the trial of causes and the
conduct of proceedings, the relationship between the judiciary and the
Commission for the Administration of Justice, the making of rules of
court and such other matters as the Chief Justice may deem
appropriate to discuss .
(7) Subject to the foregoing provisions of this article and to any
rules or regulations made thereunder, the judges and the
magistrates shall have power to regulate the conduct of proceedings
and of the trial of the causes before the respective courts over
which they preside, and to give directives for the maintenance of
order at the sittings of the court, according to law.
Advocates and 
legal procurators 
when appearing in 
court to be deemed 
officers of court.
30. Advocates and legal procurators, when they appear before
the superior or inferior courts, shall be deemed to be officers of the
court.
Title II
O F THE  S UPERIOR  C OURTS
Civil Court. 
Division of same.
31. Repealed by XXXI. 2002.15.
Civil Court. 
Amended by: 
XI.1859.2; 
L.N.148 of 1975. 
Substituted by: 
XXIV.1995.13;
XXXI. 2002.16.
32. (1) One Judge shall sit in each  section of the Civil Court.
(2) The Civil Court shall take cognisance of all causes of a
civil and commercial nature, and of all causes which are expressly
assigned by law to the said Civil Court.
Voluntary 
jurisdiction. 
Amended by: 
L.N. 148 of 1975.
Substituted by:
XXXI. 2002.17.
33. The exercise of voluntary jurisdiction in matters of a civil
nature shall be assigned to the Civil Court.
Appeal from 
judgements of 
Civil Court, First 
Hall. 
Amended by: 
XV. 1913.8; 
XXIV. 1995.14.
34. Save where otherwise provided by this Code or any other
law, judgments of the Civil Court, First Hall, are subject to appeal
to the Court of Appeal.
Mode of 
impugning decrees 
of Civil Court, 
Second Hall.
35. No appeal shall lie from any decree of the Civil Court,
Second Hall; but it shall be lawful for any party, who deems
himself aggrieved, to bring an action before the Civil Court, First
Hall, for the necessary order.
  14        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Commercial Court. 
Constitution. 
Jurisdiction. 
Amended by: 
IV. 1862.3; 
IX.1886.5,6; 
IV.1905.2,3; 
XV.1913.9; 
L.N. 148 of 1975: 
L.N. 154 of 1975.
36.  Repealed by: XXIV. 1995.15.
Further jurisdiction 
of Commercial 
Court.
Amended by: 
IV. 1862.3; 
IV.1905.4. 
37. Repealed by: XXIV. 1995.15. 
Jurisdiction in 
bankruptcy, etc. 
Amended by: 
XI. 1858.2; 
IV.1862.3; 
IV.1905.3; 
XV.1913.10.
38. Repealed by: XXIV. 1995.15.
Duties of Judge of 
Civil Court, First 
Hall in respect of 
proceedings 
concerning average 
and sea-protests. 
Amended by: 
IV. 1862.3: 
IV. 1905.5; 
XXII. 1992.5;
XXIV.1995.357;
XXXI. 2002.18.
39. Any Judge sitting in the Civil Court, or any section thereof
shall regulate the proceedings concerning average and shall attend,
either personally or through an advocate deputed by him for the
purpose, at the drawing up of sea-protests.
Courts may consist 
of more than one 
chamber. 
Added by: 
XXII. 1992.6. 
Amended by: 
XXIV. 1995.16.
39A. Repealed by: XXXI. 2002.19.
Appeal from 
judgements of 
Commercial Court. 
Amended by: 
XV. 1913.11.
40. Repealed by: XXIV. 1995.17.
Court of Appeal 
Constitution. 
Jurisdiction. 
Amended by: 
VII. 1880.7; 
XV. 1913.14; 
XIII. 1964.13; 
L.N. 46 of 1965; 
XXX. 1971.4; 
LVIII. 1974.68; 
L.N. 148 of 1975; 
VIII.1990.3; 
XXII. 1992.7; 
XXIV. 1995.18;
VI. 2001.3.
41. (1) The Court of Appeal shall consist of one or more
chambers each consisting of the Chief Justice and two other of the
judges. Each chamber shall exercise and have all powers as are by
this Code or any other law vested in the Court of Appeal.
(2) The number of chambers shall be determined by an Order
of the President of Malta.
(3) Where an Order is made by the President of Malta
providing for more than one chamber of the Court of Appeal, the
rule-making board established under article 29 of the Code shall
provide the manner in which cases shall be distributed between the
various chambers.
(4) ( a )   An Order as is referred to in sub-article (3) hereof may
provide that where one of the judges, other than the Chief Justice,
sitting in one of the chambers, abstains or is otherwise challenged
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             15
and the challenge is accepted, the case in which such abstention or
challenge takes place shall be heard by such other of the chambers
as is prescribed in the Order.
( b ) Where the Chief Justice is challenged and the challenge is
accepted or abstains, the senior judge (other than the Chief Justice)
in such other chamber as may be determined in the Order, shall be
surrogated for the Chief Justice in the chamber where the case is
being heard.
( c ) Where notwithstanding the provisions of any orders made
under paragraphs   ( a )   and   ( b ) hereof the case may not be heard by
any of the chambers as provided for in such order because of a
challenge or abstention of the Chief Justice or any other of the
judges, the President of Malta shall surrogate another judge or
other judges to sit in lieu of the judges challenged or lawfully
impeded in the chamber in which the case was first assigned under
the provisions of sub-article (3) hereof.
(5) It shall hear and determine all appeals from judgments of -
the Civil Court, First Hall; and 
the Court of Magistrates (Gozo) in its superior jurisdiction.
Appeal from 
inferior courts for 
Malta.
(6) The Court of Appeal shall also hear and determine appeals
from judgments of the Court of Magistrates (Malta) and Court of
Magistrates (Gozo) in its inferior jurisdiction. But, for the purposes
of such appeals, the Court of Appeal shall be constituted by one of
its members only, and any one of the judges, appointed by the
President of Malta to sit for the hearing of such appeals, shall be
deemed to be a member of such court. The Court of Appeal as
constituted under this subarticle may also be referred to as the
Court of Appeal (Inferior Jurisdiction).
(7) Where the Court of Appeal is to hear appeals from the
Court of Magistrates (Gozo) in its inferior jurisdiction or from
judgments or decisions of any board or tribunal delivered by such
board or tribunal when sitting in Gozo, it shall hold its sitting in the
building of the Courts in Gozo, and for the purpose of such appeals
the registry of the Court of Magistrates (Gozo) shall also be the
Registry of the Court of Appeal.
Jurisdiction of 
Court of Appeal in 
respect of appeals 
under Marriage 
Legacies Law. 
Amended by: 
VI.1880.4; 
XV.1913.15; 
II.1940.2.  
Cap. 3.
42. The Court of Appeal shall be exclusively competent to take
cognizance of the appeals referred to in article 6 of the Marriage
Legacies Law.
Jurisdiction of 
Court of Appeal in 
issues connected 
with execution of 
judgments or 
warrants. 
Amended by: 
IV.1862.5; 
IV.1905.6; 
XV.1913.13.
43. Repealed by: XXIV. 1995.19.
  16        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Further jurisdiction 
of Court of Appeal.
44. The Court of Appeal, besides taking cognizance of the
causes referred to in this Title, shall also take cognizance of all
other causes which by express provision of the law are assigned to
it.
Constitutional 
Court. 
Added by: 
XIII.1964.14. 
Amended by: 
LVIII.1974.68.
45. The Constitutional Court shall be so constituted and shall
exercise such jurisdiction as is provided in the Constitution of
Malta.
Saving. 
Added by: 
XIII.1964.14. 
Substituted by: 
XXIV. 1995.20. 
Cap. 319.
46. The provisions of article 34 and of article 41(6) shall be
without prejudice to the provisions of article 46(4), and article
95(2) of the Constitution of Malta and article 4(4) of the European
Convention Act.
Title III
O F THE  I NFERIOR  C OURTS
Civil Court of 
Magistrates 
( Malta ) . 
Constitution and 
jurisdiction. 
Amended by: 
IV.1865.1; 
XV.1913.16; 
XXXI.1934.9; 
XXIII. 1971.3; 
XIII. 1983.5; 
XII.1985.2; 
VIII. 1990.3;
XXIV.1995.21;
VI. 2001.3.
47. (1) A magistrate shall sit in the Court of Magistrates
(Malta), and such court shall, as a court of first instance, hear and
determine all claims of an amount not exceeding five thousand liri,
against persons residing or having their ordinary abode in any part
of the Island of Malta.
(2) Such court shall also take cognizance of all other causes
expressly assigned to it by law.
Limitations. (3) Nevertheless, causes involving questions of ownership of
immovable property, or relating to easements, burdens or other
rights annexed to such property, even though the claim does not
exceed five thousand liri, shall not fall within the jurisdiction of the
Court of Magistrates (Malta).
Further 
jurisdiction. 
Amended by: 
XXXI.1934.9; 
XXIII. 1971.4; 
XIII. 1983:5; 
XII. 1985.3; 
VIII. 1990.3;
XXIV.1995.22;
VI. 2001.3.
48. The Court of Magistrates (Malta), constituted as provided
in the last preceding article, shall also take cognizance of any claim
for the ejectment or eviction from immovable property, whether
urban or rural, tenanted or occupied by persons residing or having
their ordinary abode within the limits of the jurisdiction of such
court, when the amount of the rent does not exceed five thousand
liri, according to the rules established in this Code for determining
the value of the matter at issue.
Appeal from 
judgment of Court 
of Magistrates 
( Malta ) . 
Amended by: 
VII.1880.8; 
XV.1913.17; 
VIII.1990.3; 
XXIV.1995.23.
49. From the judgments of the Court of Magistrates (Malta), an
appeal shall lie to the Court of Appeal, constituted as provided in
article 41(6).
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             17
Court of 
Magistrates  ( Gozo )  
as court of first 
instance. 
Amended by: 
XV.1913.18; 
XIII.1925.2; 
XI.1929.2;
 XIII. 1964.15; 
L.N. 46 of 1965; 
LVIII. 1974.68; 
VIII.1990.3; 
XXIV.1995.24.
50. (1) Subject to the provisions of article 770 and 771, the
Court of Magistrates (Gozo) shall, to the exclusion of the courts of
Malta, be competent to take cognizance of all claims against
persons residing or having their ordinary abode in the Island of
Gozo or Comino, as well as of all other causes expressly assigned
by law to such court.
Constitution. 
Twofold 
jurisdiction.
(2) Such court shall consist of one magistrate, and shall have a
twofold jurisdiction, namely:
Inferior, equal to 
jurisdiction of 
inferior court of 
Malta.
and superior which 
is equal to Civil 
Court, First Hall.
Cap. 319.
( a ) an inferior jurisdiction, by virtue of which it shall take
cognizance of all causes of the nature of those which,
according to articles 47 and 48, are triable by a
magistrate for the Island of Malta; and
( b ) a superior jurisdiction, by virtue of which, subject to
the provisions of article 46 of the Constitution of
Malta and article 4 of the European Convention Act, it
shall take cognizance of all causes of the nature of
those which, according to article 32, are triable by the
Civil Court, First Hall.
Judgments subject 
to appeal to Court 
of Magistrates as 
an appellate court 
in its superior 
jurisdiction. 
Amended by: 
XXIII. 1971.5; 
XIII. 1983.5; 
XII. 1985.4; 
VIII. 1990.3.
51. Repealed by: XXIV. 1995.25. 
Judgments subject 
to appeal to Court 
of Appeal. 
Amended by: 
XXIII.1971.6; 
XIII.1983.5; 
XII.1985.5; 
VIII.1990.3.
52. Repealed by: XXIV. 1995.25.
Applicability of 
provisions relating 
to superior courts, 
to Gozo Court in 
its superior 
jurisdiction. 
Amended by: 
XV.1913.19; 
XXXI. 1934.10; 
VIII. 1990.3.
53. In regard to causes within the superior jurisdiction of the
Court of Magistrates (Gozo) the provisions relating to the superior
courts shall apply.
Gozo court as court 
of voluntary 
jurisdiction. 
Amended by: 
L.N. 46 of 1965;
LVIII. 1974.68;
VIII. 1990.3;
XXXI. 2002.24.
54. The Court of Magistrates (Gozo), consisting of one
magistrate to be named by the President of Malta in that behalf,
shall also have, within the limits of its local jurisdiction, the same
powers as are assigned to the Civil Court, in its voluntary
jurisdiction.
  18        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Qualifications of 
magistrates and 
magistrates 
surrogate. 
Amended by: 
VIII. 1990.3; 
XXIV. 1995.26.
55. Repealed by XXXI. 2002.25.
Saving. 
Added by: 
XIII. 1964.16. 
Amended by: 
L.N.148 of 1975. 
Substituted by: 
XXIV. 1995.27.
Cap. 319.
56. The provision of article 49 shall be without prejudice to the
provision of article 46(4) and article 95(2) of the Constitution of
Malta, and article 4(4) of the European Convention Act.
Small Claims 
Tribunal. 
Added by: 
V. 1995.18.
Cap. 380.
56A.  Notwithstanding any of the provisions of this Code the
inferior courts shall not take cognizance of any claim falling within
the jurisdiction of the Small Claims Tribunal established under the
Small Claims Tribunal Act.
Title IV
O F THE  R EGISTRAR
Duties of Registrar 
of Superior and 
Inferior Courts. 
Amended by: 
VI.1880.6; 
XV.1913.22; 
X.1975.3; 
XIV.1980.2. 
Substituted by: 
XXIV. 1995.28.
Amended by:
L.N. 34 of 2001.
57. (1) The Registrar shall have the functions, powers and
duties vested in him by the provisions of this Code and shall have
under his direct responsibility the registry and the officers attached
to it. The officers referred to in sub-article (2) and the executive
officers of the court shall be under the administrative control of the
registrar.
(2) ( a )  The registrar shall be assisted in the performance of his
duties under this Code by the following:
(i) the Registrar (Civil Courts and Civil Tribunals,
Malta);
(ii) the Registrar (Criminal Courts and Criminal
Tribunals, Malta);
(iii) the Registrar (Gozo Courts and Tribunals);
(iv) assistant registrars;
(v) deputy registrars;
(vi) registry clerks;
(vii) court assistants;
(viii) marshals;
(ix) ushers;
(x) court messengers; and
(xi) court recorders.
( b ) The Minister responsible for justice may by regulations add
to or delete from or substitute the list of officers in paragraph ( a )
hereof and may also in such regulations specify the duties that may
be carried out by the officers in the list as contained in or amended
by such regulations.
(3) Subject to the provisions of this Code and of any rules
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             19
made under article 29, the registrar shall take orders from the
judicial authorities in relation to any judicial proceedings and in
relation to any judicial act, that is to say:
( a ) in the superior courts in matters concerning a
particular court shall take orders from the judge or
from the judges, if they are two or more, of that court;
in other cases, he shall take orders from the Chief
Justice;
( b ) in the inferior courts shall take orders from the
magistrates of the particular court, or, if the
magistrates appointed to sit in a particular court are
two or more and the matter does not refer to the
business of any one of them in particular, from the
senior magistrate.
Duties to be 
executed in part 
personally and in 
part by other 
officers of the 
registry. 
Repealed by: 
XI.1858.3. 
Added by: 
VI. 1880.7. 
Amended by: 
XXIX. 1952.2; 
L.N. 4 of 1963; 
XV. 1964.2; 
XXXI. 1966.2; 
X.1975.4; 
XI.1977.2. 
Substituted by: 
XXIV. 1995.29.  
Cap. 79.
58. (1) The duties of the registrar in the superior and inferior
courts shall be carried out in part by the registrar personally, and in
part as provided by any rules made under article 29, or, failing such
rules, by special orders of the Minister responsible for justice, or,
failing both, under the directions of the registrar himself, by any
court officer mentioned in article 57(2) who may perform any of
the duties of the registrar.
(2) The duties of the registrar in each court, during its sittings,
shall, unless otherwise provided by the said rules or by any order of
the Minister responsible for justice, be performed by the principal
assistant registrar, any assistant registrar or any deputy registrar.
(3) The registrar and the officers mentioned in article
57(2)( a )(i) to (iii) shall have power to administer oaths and shall,
for the purposes of the Commissioners for Oaths Ordinance, be  ex
officio  Commissioners for Oaths.
Cases in which 
registrar is 
debarred from 
acting as such. 
Added by: 
VI.1880.7. 
Amended by: 
IX. 1886.7;
VIII 1903.1.
59. It shall not be lawful for the registrar or any other officer
acting in his stead to discharge the duties of registrar in any of
those cases in which a judge may be challenged.
Oath to be taken by 
registrar. 
Amended by: 
VI.1880.8; 
IX.1886.8;
XXIX. 1952.3; 
XV. 1964.3. 
Substituted by: 
XXIV. 1995.30.
60. (1) The registrar, on entering upon the execution of his
office, shall take, before the Court of Appeal, the oath of allegiance
referred to in article 10, and the oath of office in the following
form:
I............. do swear that I will faithfully and with all honesty and
exactness perform the duties of Registrar of Courts ,  to the best of
my knowledge ,  skill and ability. So help me God.
(2) In regard to any other officer mentioned in article
57(2)( a )(i) to (iii), the same form of oath shall apply but a mention
of their office or designation shall be included therein.
  20        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Other duties of 
registrar.
Amended by: 
V.1856.1; 
VI. 1880.9; 
XV. 1913.23.
61. (1) The registrar, unless otherwise provided in this Code,
shall register the proceedings and the orders of the court, and the
register kept by him shall constitute an authentic proof thereof.
(2) Where a verbal demand for any act or procedure
whatsoever is made in cases in which such act or procedure may
take place upon a verbal demand of any party, the registrar shall
note down such demand, stating whether the same has been made
by the party personally or by a legal procurator or by any other
lawful representative; and such note shall constitute an authentic
proof as to the demand itself and as to the person by whom it has
been made.
Authentication of 
copies.
62. The registrar shall certify the authenticity of every copy
which may be required of any act or document existing in the
registry.
Liability of 
registrar. 
Amended by: 
VI. 1880.10.
63. The registrar shall be responsible for any loss, mutilation
or alteration of any act or document filed in the registry as well as
for any delay in the course of any such act or document.
Taxing of judicial 
costs. Impugnment 
of assessment of 
costs. 
Amended by: 
IV.1862.6; 
XXXI. 1934.11; 
XXIV. 1995.31.
64. (1) Judicial costs shall be taxed and assessed by the
registrar, and the assessment made by him may not be impugned
after the expiration of one month. Such action shall be instituted by
application which shall be heard summarily by the court. Such
period, in regard to the person applying for the taxed bill of costs,
shall commence to run from the day on which the taxed bill was
issued and, in regard to the debtor duly served with such taxed bill
by means of a judicial act, from the day of such service.
(2) The applicant shall cause a copy of the application to be
served on any person having an interest therein, who shall have
twenty days within which to file a reply.
(3) The written pleadings in respect of the application shall be
deemed closed by the reply or failing such reply with the expiration
of the time allowed for such reply. The parties shall be notified
with the date for the hearing of the application.
Deposit of records, 
etc., in archives. 
Amended by: 
VI.1880.11.
65. The registrar of each court shall within the period from the
first day of July to the thirtieth day of September of each year
deliver to the archivist the records relating to the causes determined
or otherwise disposed of in the preceding year, together with the
volumes containing the judgments delivered during that year as
well as the volumes containing the protests, warrants and other
acts, other than schedules of deposit, filed during the same year.
Absence or other 
lawful impediment 
of registrar. 
Amended by: 
VI.1880.12; 
VIII.1903.2; 
XV.1913.24; 
XV.1964.4; 
L.N. 46 of 1965; 
X.1975.5; 
XXIV. 1995.32.
66. (1) In the case of absence or other lawful impediment of
the registrar, the senior available amongst the officials mentioned
in article 57(2)( a )(i) to (ii) shall act instead of the registrar, unless
another person be appointed by the Prime Minister.
Power of court. (2) It shall be lawful for any court, where necessary,
temporarily to assign the execution of the duties of the deputy
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             21
registrar specially attached to such court, to another deputy
registrar, or to any other officer, and such officer shall, before
entering upon the execution of his duties, take before such court the
oath prescribed in article 60.
(3) The provisions of sub-article (2) shall apply to the
registrars of the inferior courts.
Title V
Amended by: 
VI. 1880.13.
O F  M ARSHALS,  U SHERS AND OTHER  E XECUTIVE  O FFICERS
Duties of marshals. 
Amended by: 
VI. 1880.13; 
XIX.1965.3. 
Substituted by: 
XXIII.1971.7. 
Amended by: 
XII.1978.4; 
VIII. 1990.3; 
XXIV. 1995.33.
 67. (1) The executive officers of the courts shall be the
following: 
( a ) Marshals
(i) chief marshals; 
(ii) senior marshals; 
(iii) marshals
( b ) ushers;
( c ) court messengers:
Provided that in the case of the Court of Magistrates (Gozo) the
Minister responsible for justice may by a notice published in the
Gazette designate any other officer to perform the duties of an
executive officer of the said court.
(2) Chief marshals, senior marshals and marshals are the
officers charged with service of judicial acts and the execution of
warrants or other orders of the Superior Courts and of the Courts of
Magistrates.
(3) Any reference in this Code to a marshal shall be deemed to
include a reference to a chief marshal or senior marshal of the
courts. 
Other duties of 
marshals. 
Amended by:
VI. 1880.13. 
Substituted by: 
XXIV. 1995.34.
68. (1) The marshals are also charged with the maintenance of
good order and decorum in the building of the courts.
(2) Without prejudice to the provisions of article 72, every
marshal shall, within the precincts of the building of the courts and
of any office, building or other premises occupied by, or under the
charge of, the Registrar of Courts, be empowered to exercise all
such functions, powers and duties as are by law vested in Police
officers.
(3) Subject to the provisions of article 990 and 992, where the
marshal detains or arrests any person for any offence committed
within the precincts mentioned in the previous sub-article, he shall
forthwith bring the offender before a magistrate and charge him
with breach of good order and decorum in the buildings of the court
and if the court, on summarily hearing the case, finds the offender
guilty of breach of good order and decorum in the building of the
court, shall condemn the offender to any of the punishments
  22        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
mentioned in article 990.
Marshals to 
discharge duties 
personally or 
through ushers. 
Amended by: 
VI.1880.13; 
XV. 1913.25; 
XXIV.1995.35.
69. (1) Except for the duties referred to in article 68(2), the
marshals shall discharge their duties personally or through any of
the executive officers of the court mentioned in article 67(1) in
accordance with the rules made under article 29, or, failing such
rules, in accordance with the orders even verbal, of the judges or
magistrates as provided in article 57.
(2) The provisions of article 59 shall apply to the marshals or
other persons acting in their behalf.
Opposition to 
ushers in the 
execution of their 
duties. 
Amended by: 
VI.1880.13; 
XIX. 1965.4; 
XXIV. 1995.36.
70. (1) It shall, in no case, be lawful to make any opposition
to any usher in the service of any act or in the execution of any
warrant or order of any court or judge, magistrate or registrar, or to
impugn the regularity of the service or of the execution of any act
on the ground that, according to the rules, the warrant, order or act,
should be or should have been served or executed by a marshal.
(2) Saving the provisions of article 992, if any person
knowingly avoids, obstructs or refuses service of any act or court
order or execution of any warrant or order by any executive officer
of the courts, he shall be guilty of contempt of court and shall be
liable, on conviction, to the punishments mentioned in article 990.
Executive officer 
to inform court of 
any warrant issued 
against an 
exempted person. 
Amended by: 
VI. 1880.13.
71. Where, before the execution of any warrant, it shall come
to the knowledge of the executive officer that the person against
whom the warrant has been issued is a person in favour of whom an
exemption is granted by law, he shall, forthwith, through the
registrar, or, in case or urgency, personally, report the fact to the
court in order to receive such directions as may be requisite.
Powers of 
executive officers.  
Amended by: 
VI. 1880.13.
72. Every officer charged with the execution of any order of
the court shall, for the discharge of his duties, have the same
powers as are by law vested in Police officers.
Assistance of 
Police force. 
Amended by. 
VI.1880.13.
73. In the case of opposition by the use of violence, it shall be
lawful for an executive officer to demand the assistance of any
member of the Police force.
Title VI 
Amended by:
VI. 1880.74.
O F  A RCHIVISTS
Archivist. 
Amended by: 
VI. 1880.14,15.
74. Repealed by XXXI. 2002.37.
Duties of archivist. 
Amended by: 
XI.1858.4; 
VI.1880.14; 
XV.1913.26.
75. Repealed by XXXI. 2002.37.
Formation of list of 
records, etc. 
Amended by: 
VI.1880.14,16 .
76. Repealed by XXXI. 2002.37.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             23
Responsibility of 
archivist. 
Amended by: 
VI.1880.14,17; 
XV.1913.27.
77. Repealed by XXXI. 2002.37.
Registrar of 
Superior Courts to 
be  ex officio  
Archivist of the 
Malta Courts and 
Registrar of Gozo 
Court to be  ex 
officio  Archivist of 
Gozo Court. 
Amended by: 
VI. 1880.14,17; 
L.N. 4 of 1963; 
L.N. 46 of 1965; 
XXXI. 1966.2; 
XXIV.1995.37.
78. Repealed by XXXI. 2002.37.
Amended by:
XXXI. 2002.38.
Title V
O F THE LEGAL PROFESSION
Definitions in this 
Title.
Added by:
XVIII. 2002.10.
Cap. 450.
78A. For the purposes of this Title and of Title VIII of Book
First of this Code, the expressions "Agreement", "Agreement
State", "citizen of an agreement State" and "competent authority"
shall have the same meaning assigned to them in the Mutual
Recognition of Qualifications Act.
Administration of 
advocates and 
restrictions in 
respect of members 
of Parliament. 
Substituted by: 
XXVII. 1977.2. 
Amended by: 
XII. 1978,5; 
XXIV. 1995.38.
79. No person may exercise the profession of advocate in the
courts of justice in Malta without the authority of the President of
Malta granted by warrant under the Public Seal of Malta.
Oaths of allegiance 
and of office. 
Amended by: 
XXIV.1995.39.
80. Any person on being so authorized shall, before entering
upon the exercise of the profession, take before the Court of
Appeal, in a public sitting of the same court, the oath of allegiance
according to the form referred to in article 10, and the oath of office
in the terms following:
I ............. do swear, that I will faithfully and with all honesty and
exactness perform the duties of advocate in the courts of justice of
Malta, to the best of my knowledge and ability. So help me God.
Qualifications for 
obtaining warrant. 
Amended by:
IX. 1886.9;
XV. 1913.28;
II. 1916.2,3;
XVI. 1922.2;
XXVIII. 1935.3;
LXII. 1948.2;
XX. 1968.2; 
L.N. 148 of 1975;
XXIV. 1995.40;
XVIII. 2002.10.
81. No person shall be entitled to obtain the warrant referred to
in article 79, unless - 
( a ) he is of good conduct and good morals; 
( b ) he is a citizen of Malta or of an Agreement State or is
otherwise permitted to work in Malta under any law;
( c ) he has obtained the academical degree of Doctor of
Law (LL.D.) in accordance with the provisions of the
Statute of the University of Malta, or a comparable
degree from such other competent authority in
accordance with the principles of mutual recognition
of qualifications, after having studied law in Malta or
  24        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
in an Agreement State;
( d ) he has, after satisfying the requirement of paragraph
( c ), or, in the case of persons regularly following the
academical course of law in the University of Malta, at
any time after the commencement of the last academic
year of the said course, for a period of not less than
one year regularly attended at the office of a practising
advocate of the Bar of Malta and at the sittings of the
superior courts;
( e ) he possesses a full knowledge of the Maltese language
as being the language of the courts;
( f ) he has been duly examined and approved by two
judges who shall issue, under their signature and seal,
a certificate attesting that they have found him to
possess the qualifications above-mentioned and that he
is competent to exercise the profession of advocate in
the courts of Malta.
Regulations.
Added by:
XVIII. 2002.10.
Cap. 450.
81A. The Minister responsible for justice may make regulations
for bringing into effect the provisions of the Mutual Recognition of
Qualifications Act and subsidiary legislation issued thereunder, in
relation to the mutual recognition of qualifications of advocates.
Bargaining of fees 
prohibited.
Amended by: 
XXIV.1995.41.
82. Save as may be provided in regulations made under article
1004, it shall not be lawful for any advocate to fix by agreement his
fees in an amount higher or lower than that fixed in this Code,
except when, for some particular purpose of the contending party,
the action is restricted to an interest smaller than that on which the
decision will have a bearing; in which case only it shall be lawful
for the advocate to stipulate that his fees be reckoned on the basis
of the whole interest involved, or fixed at a sum higher than that
fixed in this Code in respect of the action as actually instituted.
Advocates not to 
enter into or make 
agreements or 
stipulations  quotae 
litis.
83. Advocates shall not, either directly or indirectly, enter into
or make any agreement or stipulation  quotae litis .
Causes of 
disqualification. 
Added by: 
IX. 1886.10.
Amended by:
XV. 1913.29;
XXXI. 1934.12;
III. 1939.2; 
L.N. 46 of 1965;
LVIII. 1974.68;
IX. 1976.9; 
VIII. 1981.2;
XI. 1994.12;
XXIV. 1995.42;
XVIII, 2002.10.
Cap. 9.
84. (1) A conviction by any competent tribunal for any crime
liable to imprisonment for a term exceeding one year, other than
involuntary homicide or other crime against the person excusable
in terms of the Criminal Code shall be a cause of perpetual
disability to practise the profession of advocate.
(2) A person may also be disabled perpetually or for a time to
practise the profession of advocate on the recommendation of the
Commission for the Administration of Justice.
(3) The temporary or permanent withdrawal, by the competent
authority in the agreement state in which the advocate acquired the
right to use the professional title, of the authorisation to practise
the profession shall automatically lead to the advocate being
temporarily or permanently prohibited from practising in Malta.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             25
Disqualification to 
be declared by 
President of Malta.
Exception.
(4) Such disability shall be declared by the President of Malta
by means of a letter to the registrar of the courts of justice and to
the advocate so disqualified, unless the advocate is interdicted in
the sentence itself:
Provided that it shall be lawful for the President of Malta at
any time to remove the disability aforesaid.
Admission of 
Legal Procurators. 
Amended by: 
L.N. 46 of 1965; 
LVIII.1974.68.
85. No person may be admitted to practise as a legal procurator
without the authority of the President of Malta granted by warrant
under the Public Seal of Malta.
Oaths of allegiance 
and of office. 
Amended by: 
XXIV.1995.43.
86. Any person on being so admitted shall, before commencing
to practise as legal procurator, take before the Court of Appeal, in a
public sitting of the same court, the oath of allegiance according to
the form referred to in article 10, and the oath of office in the terms
following:
I ............. do swear ,  that I will faithfully and with all honesty and
exactness perform the duties of legal procurator in the courts of
justice of Malta ,  to the best of my knowledge and ability. So help
me God.
Qualifications for 
obtaining warrant. 
Amended by:
IX. 1886.11;
XV. 1913.30;
II. 1954.2;
XX. 1968.3;
XXIII. 1971.8;
L.N. 148 of 1975;
XXIV. 1995.44;
XVIII. 2002.10.
87. No person shall be entitled to obtain the warrant referred to
in article 85 unless - 
( a ) he is of good conduct and good morals; 
( b ) he is a citizen of Malta or of an Agreement State or is
otherwise permitted to work in Malta under any law;
( c ) he has been approved by the examining board of the
Faculty of Law, at a regular examination in the
subjects of the course of studies to be followed by
candidates for the profession of legal procurator, in
accordance with the regulations of the University of
Malta, or a comparable degree from such other
competent authority in accordance with the principles
of mutual recognition of qualifications, after having
studied law in Malta or in an Agreement State;
( d ) he has, after passing the examination referred to in
paragraph ( c ) or at any time after the commencement
of the last academic year of the said course, for a
period of not less than one year, attended at the office
of a practising advocate of the Bar of Malta and
trained himself in the practice of the profession;
( e ) he has been duly examined and approved by two
judges, who shall issue under their signature and seal a
certificate attesting that they have found him to
possess the qualifications above mentioned and that he
is competent to practise as legal procurator in the
courts of Malta.
Regulations.
Added by:
XVIII. 2002.10.
Cap. 450.
87A. The Minister responsible forjustice may make regulations
for bringing into effect the provisions of the Mutual Recognition of
Qualifications Act and subsidiary legislation issued thereunder, in
relation to the mutual recognition of qualifications of legal
  26        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
procurators.
Applicability of 
articles 83 and 84. 
Amended by: 
XV.1913.31.
88. The provisions of articles 83 and 84 shall apply to legal
procurators.
Appointment of 
official curators, 
etc. 
Amended by: 
XV. 1913.32;
XXXI. 1934.13;
L.N. 4 of 1963;
XXXI. 1966.2;
XXIII. 1971.10;
XXIV. 1995.45;
III. 2002.158.
89. (1) The Minister responsible for justice shall nominate
such panels as he may deem fit, each panel consisting of such
number as he may deem fit of advocates, legal procurators and
other experts, to perform the duties of curators, advocates or legal
procurators  ex ufficio  and experts in the Courts of Malta and Gozo
as occasion may require under this Code.
(2) The advocates and legal procurators appointed under sub-
article (1) shall also be bound to give their assistance to any person
who, not being entitled to the benefit of legal aid, shall apply to the
competent court for such assistance, and shall satisfy the court, in
such manner and by such means as the court may prescribe, that
prima facie  he has reasonable grounds for taking or defending or
being a party to proceedings and that he did not succeed in
engaging the services of another advocate or legal procurator:
Provided that any advocate or legal procurator appointed by the
court to give such assistance as aforesaid, shall not be bound to
give his assistance, unless the applicant deposits with the registrar
a sum which, in the opinion of the registrar, is sufficient to cover
the fees of such advocate or legal procurator.
Appointment of 
official curators, 
etc., for the Gozo 
court. 
Amended by: 
XXXI.1934.14; 
L.N. 4 of 1963; 
XXXI. 1966.2: 
VIII. 1990.3.
90. Deleted by: III. 2002.158 .
Publication of lists.
Amended by: 
VI. 1880.18; 
VIII. 1990.3. 
Substituted by: 
XXIV. 1995.46;
XXXI. 2002.42.
91. A list of the members of the panels appointed as aforesaid
shall be published in the Gazette .
Performance of 
duty in rotation.
92. The persons appointed under the provisions of this Title
shall perform their duties in rotation.
Order of rotation. 93. The rotation shall be according to the order in which the
names of the persons appointed are placed on the rota of the
respective court by which the selection is to be made, unless there
is some reasonable objection against the person whose turn it is on
the rota, in which case the person immediately next on the rota
shall be selected and the person objected to as aforesaid shall be
entitled to the next turn in regard to which there shall be no
objection.
Appointment of 
person outside the 
rota.
Amended by: 
XXXI. 1934.15.
94. Where, owing to impediment or challenge of the persons
on the rota, the required selection of an advocate, legal procurator
or accountant cannot be made from among such persons, the court
shall appoint another person, although not on the rota. 
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             27
Gratuitous legal 
aid by curators. 
Amended by: 
XXIII.1971.11; 
XXIV.1995.47.
95. The curators selected under the preceding articles of this
Title, in causes where either both parties or the party at whose
request their selection was made have or has been admitted to sue
or defend with the benefit of legal aid, or to be a party to
proceedings or continue such proceedings with such benefit, shall
give their services gratuitously, saving their right to such
remuneration as is expressly allowed to them by this Code out of
the amount or property recovered.
Misconduct or 
negligence of 
curators, etc. 
Substituted by: 
XXIV.1995.48.
96. In case of misconduct, negligence or any reasonable
objection to any curator selected from the rota to perform the duties
of curator or advocate for legal aid, the court shall have the power
to remove him from the case and to appoint another curator from
the rota in his stead:
Provided that the court shall through the registrar communicate
to the Minister responsible for justice, the relevant decree. 
Illegal practices.
Added by:
VIII. 1981.3.
Substituted by:
XI. 1994.12.
Amended by:
XXXI. 2002.44.
97. (1) It shall be an abuse in the exercise of his profession:
( a ) for any advocate or legal procurator to knowingly,
directly or indirectly employ or accept the services of
any tout; or
( b ) for any advocate to agree with a legal procurator or a
notary public, or for a legal procurator to agree with
any advocate or notary public, to give or to receive any
share of the fees or other remuneration earned by any
of them in respect of professional work; or
( c ) for any advocate or legal procurator to act in
contravention of any law or Code of Ethics that may be
in force and applicable to him,
and any judge or magistrate shall report to the Commission for the
Administration of Justice any advocate or legal procurator whom
he suspects to be guilty of such abuse.
(2) In this article, the expression "tout" means any person who
undertakes in return for a fee, reward or remuneration, whether in
cash or in kind or for any other consideration, to find clients for any
advocate or legal procurator.
Appointment of 
judicial assistants. 
Added by:
XXIV. 1995.49.
Amended by:
XXXI. 2002.46.
97A. (1) The President of Malta shall appoint judicial
assistants to perform such functions as are by this Code or by any
other law assigned to them.
(2) Judicial assistants shall be appointed from amongst persons
who hold the warrant of advocate.
(3) The functions of judicial assistants shall include the
following:
( a ) to assist in the judicial process and at the request of the
court to participate in the proceedings pending before
a court, including any research or other work required
therefor, and for the purpose of carrying out such
duties and exercise such powers as they may be
required or authorised to perform by such court;
  28        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
( b ) to administer oaths;
( c ) to take the testimony of any person that is produced as
witness in any proceedings;
( d ) to take any affidavit on any matter, including a matter
connected with any proceedings taken or intended to
be taken before any court or any court or tribunal of
civil jurisdiction established by law;
( e ) to receive documents produced with any testimony,
affidavit or declaration, including in particular a
testimony, affidavit or declaration as is referred to in
this Code;
( f ) to hold such sittings as may be directed by the court, to
meet with the advocates and legal procurators of the
parties for the purpose of planning the management of the
lawsuit, and to issue deadlines for the submission of
evidence, pleadings or other judicial acts by the parties.
(4) In the performance of their functions judicial assistants
shall be assigned to a court and shall act under the direction and
control of the court before which the case is pending and shall, in
addition to any power lawfully assigned to them by such court,
have the power to order the attendance of any person for the
purpose of giving evidence or to make an affidavit or a declaration,
or to produce documents, at such place and time as they may
specify in the order.
Oath of office. 
Added by: 
XXIV.1995.49.
Amended by: 
IV.1996.2.
97B. (1) A judicial assistant shall not enter upon the functions
of his office before he has taken, before the Court of Appeal, the
oath of office in the following terms: 
I............................do swear that I will faithfully and with all
honesty and to the best of my ability perform the duties of judicial
assistant as prescribed by law.
Challenge. (2) The provisions of Sub-Title II of Title II of Book Third
shall apply to judicial assistants, except that the decision on any
such matter shall be taken by the court before which the case is
pending.
Decisions by 
judicial assistants.
Added by: 
XXIV.1995.49.
97C.  Without prejudice to the provisions of sub-article (2) of
article 97B, where in proceedings before a judicial assistant a
question arises relating to or connected with the same proceedings,
that question shall in the first place be decided by the judicial
assistant who shall without delay and in any case not later than
three days from the date of the said decision, inform the court of
the decision, and the decision of the judicial assistant shall be
binding unless the court shall by decree, decide otherwise.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             29
BOOK SECOND
O F THE  P ROCEDURE IN THE  C OURTS OF  J USTICE OF 
 C IVIL  J URISDICTION
Amended by:
XXXI. 2002.47.
G ENERAL  P ROVISIONS
Nullity of judicial 
acts.
98. Any judicial act done in virtue or in pursuance of an act
which is null is equally null.
Reiteration of an 
act which is null.
99. Any act which is null may be replaced by another, provided
the peremptory time within which the act is to be done has not
elapsed.
Nullity of form not 
to be pleaded by 
person giving rise 
thereto.
100.   No person may plead a nullity of form, of which he or his
agent has been the cause.
Running of legal or 
judicial times.
101.  Any legal or judicial time the running of which is
dependent on an act requiring service or publication, shall
commence to run from the day on which such act has been duly
served or published.
Dies a quo. 
Amended by: 
IX. 1886.12.
102.   Where any legal or judicial time is to be reckoned from a
stated day, such day shall not be considered as included in the time
itself; and where it is to be reckoned by hours, the hour in which
service is effected shall not be considered as included in the time.
Computation of 
times.
103.  In the reckoning of any time, the day is reckoned at
twenty-four hours, and the month and the year are reckoned
according to the calendar.
Time of twenty-
four hours.
104.   Save as otherwise expressly provided, the time of twenty-
four hours shall be deemed to expire on the following day at the
hour established for the closing of the registry.
Legal or judicial 
time to run against 
both parties.
105.  Any legal or judicial time shall run also against the party
at whose request or for whose benefit such time is allowed.
Times, other than 
peremptory, may 
be extended. 
Amended by: 
IX. 1886.13; 
XXIV. 1995.50. 
106.  Any legal or judicial time, not being peremptory, may be
extended on good cause being shown, provided the request for such
extension is made within the time the extension of which is sought.
Abridgement of 
legal time in urgent 
cases. 
Amended by: 
VIII. 1981.4; 
XXIV. 1995.51.
107.  It shall be lawful for the court, in cases of urgency, to
abridge any legal time and to order that an act be carried into
execution from one day to another or from one hour to another or
forthwith.
Public holidays not 
to suspend the 
running of times. 
Amended by: 
V.1904.7. 
Substituted by: 
VII.1974.2.
108.  The days referred to in the next following article shall not
suspend the running of times; but if the last day of any legal or
judicial time is any such day, the time shall be deemed to expire on
the next following day, not being any such day.
  30        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
When sittings are 
to be held, etc. 
Amended by: 
VII. 1876.1; 
V.1904.7; 
XV.1913.33; 
VII.1974.3; 
XXII.1976.4. 
Substituted by: 
XIV.1980.3; 
XXIV.1995.52. 
Cap. 252.
109. (1) Court sittings may be held from Monday to Friday of
every week during the time established under sub-article (2) for the
opening of the registries of the court and during such other time as
the court may fix:
Provided that, except by special order of the court, in case of
urgency or for other reasons deemed sufficient by the court, no
sitting shall be held on Saturdays, on public holidays as provided in
the National Holidays and Other Public Holidays Act, or on
Wednesday or Thursday of Holy Week.
(2) The registry of the superior courts and the registries of the
inferior courts shall be open for the filing of judicial acts during
such days and at such times as may by regulations be prescribed by
the Minister responsible for justice:
Provided that any of the aforesaid registries may by special order
of the court or by order given in writing by the registrar, be opened
for the filing of judicial acts on any day or at any time.
(3) The registrar shall abide by and fully execute any order of
the court to open the court buildings on any day and at any time as
the court may specify in the order.
(4) A judicial act may be served or carried into execution from
Monday to Saturday of every week and during the times mentioned
in article 280(1):
Provided that by special order of the court or by order given in
writing by the registrar in cases of urgency, it shall be lawful to
serve or carry into execution any judicial act on any other day or at
any other time:
Provided further that, where, under any regulations made under
article 187(8), service is to be effected by officers of the post
office, such service may, notwithstanding any other provision, be
effected on such days and times during which such officers are
called for duty in accordance with the rules of the post office.
(5) The registrar shall not refuse to give an order under sub-
article (2) or (4) unless he has referred the matter to the competent
court for its decision.
Power to 
administer oaths. 
Amended by: 
XV.1913.34.
110.  Every court and every judge or magistrate shall have
power to administer oaths.
Form of oath in 
accordance with 
religious 
persuasion. 
Substituted by: 
XXXV. 1974.6.
111.   A witness professing the Roman Catholic faith shall be
sworn according to the custom of those who belong to that faith;
and a witness not professing that faith shall be sworn in the manner
which he considers most binding on his conscience.
Oath of witnesses 
and referees.
112. (1) Witnesses or other persons required to take the oath
shall swear to tell the truth, the whole truth and nothing but the
truth.
(2) Referees shall swear faithfully and honestly to perform the
duties assigned to them.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             31
Power of court to 
make warning as to 
obligation of oath.
113.  The court, before which an oath is to be taken, shall have
power to warn the party about to take the oath, as to the obligation
of the oath and the consequences of perjury.
Oath to be taken 
personally.
114.  The oath shall in all cases be taken personally by the party
to be sworn.
Judicial acts 
accessible to all 
persons. 
Copies.
115.   The acts of every court shall be accessible to all persons,
and copies thereof shall be given out at the request of any person. 
Original acts not to 
be taken out. 
Exception. 
Amended by: 
XXIV. 1995.53.
116.  No original act may be given out to any advocate, legal
procurator, litigant or other person not employed in the courts,
unless the court, for any purpose connected with the cause or for
any other just reason, shall otherwise order.
Acts issued in the 
name of the 
Republic of Malta. 
Amended by: 
XI. 1977.2.
Substituted by:
XXXI. 2002.49.
117.   Every writ of summons or other warrant of the superior
courts shall be issued in the name of the Republic of Malta and
shall be witnessed by a judge or by a judicial assistant so delegated
for the purpose by a judge; any such delegation shall be published
in the Gazette:
Provided that no such delegation shall be made in respect of a
warrant of prohibitory injunction .
Signing of acts by 
judge or 
magistrate. 
Amended by: 
XV. 1913.35;
XXXI. 2002.50.
118.   Without prejudice to the provisions of article 117, any act
requiring the signature of a judge or magistrate shall be signed by
the judge or magistrate of the respective court or, where the court
consists of more than one judge or magistrate, by one of such
judges or magistrates.
Any judge may 
give directions on 
ex parte  
applications. 
Amended by: 
XV.1913.36.
119.  Notwithstanding the provisions of the last preceding
article, any judge may give the requisite directions upon any  ex
parte  application filed in any contentious matter in any of the
superior courts, and may sign any warrant to be issued under the
authority of any of the said courts.
Number of copies 
to be filed.
Added by:
XXXI. 2002.51.
119A.  Any person shall, when filing in the registry of the court
any act or document which requires service to another party,
besides the original copy, file such number of copies as is equal to
the number of persons who are to be served with the act or
document.
Forensic year. 
Sessions. 
Amended by: 
XI. 1859.3; 
XV. 1913.37.
120. The forensic year is divided into three sessions:
( a ) the first is called the session of Epiphany and
commences on the seventh of January;
( b ) the second is called the session of Pentecost and
commences on the Thursday after Easter Sunday;
( c ) the third is called the Victory session and commences
on the first of October.
Vacations in 
superior courts. 
Amended by: 
XI.1859.3; 
XV.1900.1; 
II.1903.1;
VIII. 1990.3; 
XXIV. 1995.54.
121. (1) In each session there shall be vacations in the superior
courts, with the exception of the Civil Court, Second Hall.
  32        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Duration. (2) In the session of Epiphany, the vacations shall be from
Wednesday in Holy Week to the Wednesday after Easter Sunday
inclusively; in the session of Pentecost, from the sixteenth of July
to the fifteenth of September inclusively; and in the Victory
session, from the seventeenth of December to the sixth of January
inclusively.
Vacations in court 
of Gozo in its 
superior 
jurisdiction. 
(3) The provisions of sub-articles (1) and (2) shall also apply to
the Court of Magistrates (Gozo), in its superior jurisdiction.
Vacations in 
inferior courts.
(4) Subject to the provisions of sub-article (3), the vacations in
the inferior courts shall be during the month of August of each
year.
No sittings to be 
held during recess. 
Exceptions. 
Amended by: 
XI. 1859.3; 
VII. 1880.8; 
XV. 1913.38; 
VIII 1990.3.
122.  No sittings shall be held during the vacations except for the
hearing of - 
( a ) any cause which in view of its nature may require an
urgent trial;
( b ) any cause the trial of which may have commenced
before the vacations, unless the parties have applied
for an adjournment to a day after the last day of the
vacations; and
( c ) appeals from judgments of the Court of Magistrates
(Malta) or of the Court of Magistrates (Gozo) in its
inferior jurisdiction:
Provided that the court may hold sittings for the trial of any other
cause during the vacations, if an application to that effect is made
by both parties, and the court deems it expedient to allow the
request.
Issue of warrants 
during recess. 
Amended by: 
II. 1940.3.
123.  The vacations shall not be a bar to the issue or execution
of any warrant, whether executive or precautionary.
Meaning of 
"working days". 
Added by: 
VII. 1974.4.
124.  In this Code, the phrase "working days" does not include
Saturdays.
P ART I
O F THE  O RDINARY  M ODE OF  P ROCEDURE IN  C ONTENTIOUS 
M ATTERS 
G ENERAL  P ROVISION
Procedure in 
superior courts and 
inferior courts. 
Amended by: 
XIII. 1964.17; 
VIII. 1990.3; 
XXIV. 1995.55.
125. (1) In the superior courts and in the Court of Magistrates
(Gozo) in its superior jurisdiction, proceedings are ordinarily
instituted by writ of summons or application, as provided by law.
(2) In the Court of Magistrates (Malta), and in the Court of
Magistrates (Gozo) in its inferior jurisdiction, proceedings are
instituted by writ of summons.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             33
Title I
Substituted by: 
XXIV. 1995.56.
O F THE  M ODE OF  P ROCEDURE BY  A PPLICATION FOR  A PPEAL
Proceedings by 
libel in first 
instance. 
126.   Repealed by: XXIV. 1995.57.
 Libel.
Contents of libel. 
Amended by: 
X. 1856.1.
128.   Repealed by: XXIV. 1995.57. 
Documents to be 
produced with 
libel.
129.  Repealed by: XXIV. 1995.57. 
Mode of 
production of 
documents. 
Amended by:
IX. 1886.4
130.   Repealed by: XXIV. 1995.57. 
Security for 
judicial costs.
131.  Repealed by: XXIV. 1995.57.
Service of libel on 
defendant. 
Amended by: 
XV. 1913.39; 
XIX. 1965.5.
132.   Repealed by: XXIV. 1995.57.
Time for answer to 
libel in Civil Court.
Amended by: 
IX. 1886.15.
133.   Repealed by: XXIV. 1995.57. 
Time for answer to 
libel filed in Gozo 
court. 
Amended by: 
IX. 1886.15; 
XV. 1913.40; 
VIII: 1990.3.
134.   Repealed by: XXIV. 1995.57.
Contents of 
answer. 
Amended by:
X. 1856.3;
IV. 1868.2. 
135.   Repealed by: XXIV. 1995.57.
Mode of admitting 
claim. 
136.   Repealed by: XXIV. 1995.57. 
Service of answer. 
Time for reply. 
137.   Repealed by: XXIV. 1995.57.
Contents of reply.
Amended by:
X. 1856.4;
IX. 1886.16. 
138.   Repealed by: XXIV. 1995.57.
Service of reply. 
Power of court in 
regard to pleadings 
containing 
unnecessary 
matter.
140.   Repealed by: XXIV. 1995.57.
  34        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Closing of written 
pleadings in first 
instance. 
Amended by: 
XXXI. 1934.16.
141.   Repealed by: XXIV. 1995.57.
Ordinary 
procedure before 
appellate court. 
Amended by: 
IX. 1886.17; 
XV. 1913.41; 
XIII. 1964.18; 
XXIV. 1995.58.
142. (1) Save as otherwise provided by this Code or by or
under any other law, the mode of procedure before an appellate
court is by application.
(2) The application shall contain the prayer that the judgment
appealed from or any part thereof be reversed or varied.
Contents of 
application of 
appeal.
Amended by: 
IX. 1886.17; 
XV. 1913.42; 
XXVII. 1979.2. 
Substituted by: 
XXIV. 1995.59.
143. (1) The application for the reversal of a judgment shall
contain a reference to the claim and to the judgment appealed from
together with detailed reasons on which the appeal is entered and a
request that the said claim be allowed or dismissed.
(2) The application for the variation of a judgment shall
contain a reference to the claim and to the judgment appealed from
and shall distinctly state the heads of the judgment complained of
together with detailed reasons for which the appeal is entered and,
in conclusion, shall state, specifically, the manner in which it is
desired that the judgment be varied under each head.
(3) The application for the reversal, annulment or variation of a
decree shall contain a reference to the contents of the decree
appealed from together with the detailed reasons for such reversal,
annulment or variation.
(4) In the case mentioned in this article a request for reversal
shall be deemed to include a request for annulment and variation of
a judgment or decree, and a request for annulment shall be deemed
to include a request for a reversal and variation of a judgment or
decree.
(5) The default of compliance with any of the requirements of
sub-articles (1), (2) and (3) shall not make void the application; but
the court shall, in any such case, make an order directing the
appellant to file, within two days, a note containing such particulars
as are required by law and which have not been duly stated in the
application.
(6) The cost of the order and of the filing of the note shall be
borne by the appellant.
(7) The provisions of sub-articles (5) and (6) shall, in the case
referred to in article 240, apply to the answer.
Service of 
application of 
Appeal. Time for 
answer. 
Amended by: 
IX. 1886.17;
XV. 1913.43; 
XXVII.1979.3. 
Substituted by: 
XXIV 1995.60.
144. (1) An appeal may be entered by any party against all the
other parties or against any one of them. The appellant shall
indicate in the application of appeal the parties against whom the
appeal is directed. The application of appeal shall be served on all
the parties but only the parties against whom the appeal is directed
shall, within the time of twenty days, file their respective answer
containing the reasons why the appeal should be dismissed.
Time for answer in 
case of cross 
appeal.
(2) In the case of a cross appeal in terms of article 240, the
party against whom the cross appeal is directed shall within the
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             35
said time of twenty days file a reply rebutting the allegations
included in the cross appeal.
Production of 
documents. 
Amended by: 
IX. 1886.17; 
XXIV.1995.61.
145. All documents in support of the demand or defence shall be
produced together with the application, answer or reply.
Closing of 
pleadings in 
appeal.
Amended by: 
IV. 1868.3; 
IX.1886.17; 
XXXI. 1934.17; 
XXIV. 1995.62.
146. ‘‘(1) The written pleadings in appeal shall be deemed to be
closed by the answer to the application, or, in default, on the
expiration of the time allowed for such answer.
(2) Where, according to the provisions of article 144(2), a reply
is allowed, the written pleadings shall be deemed to be closed by
the reply, or, in default, on the expiration of the time allowed for
such reply.
(3) The default of any party in filing an answer or reply within
the prescribed time limits shall not preclude such party from
appearing before, or making submissions to, the court during the
hearing of the appeal.
Power of court to 
order additional 
pleadings. 
Amended by:
IX. 1886.18.
147. (1) The court may, after the opening of the hearing,
whenever, under the circumstances, it shall deem it expedient so to
do, make an order allowing any of the parties to file an additional
written pleading with leave to the opposite party to file, if he so
desires, another written pleading in reply, within such times as the
court shall direct.
Time for filing 
additional 
pleadings.
(2) If no time is fixed by the court, the party allowed to file
such additional written pleading shall do so within ten days from
the day of the order, and the opposite party shall file his answer
within an equal time to be reckoned from the service of the former
written pleading. Such times may be extended only once, on good
ground being shown.
Time within which 
defendant may 
admit claim.
Amended by: 
XI.1859.4; 
IX.1886. 19; 
XXXI.1934.18.
148. Repealed by: XXIV. 1995.63.
Time for filing 
written pleadings 
not to run during 
vacations. 
Amended by:
IV. 1862.7; 
XXXI. 1934.20.
149. Repealed by: XXIV. 1995.63.
Cases in which 
production of 
documents is 
permitted outside 
prescribed time. 
Amended by: 
IX. 1886.20;
XV. 1913.44; 
XXIV.1995.64.
150. (1) Where any document has not been produced as
provided in article 145, its production shall only be allowed - 
( a ) if, notwithstanding all due diligence, the document
could not be obtained before the filing of the pleading
with which it should have been produced, and the
filing of such pleading could not, without prejudice, be
delayed; or
( b ) if the court is satisfied of the necessity or expediency
  36        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
of having the document before it:
     Provided that, in any such case, the court may, in
adjudging the costs of the cause, take into account the
tardy production of the document; or
( c ) if the opposite party, by a separate note, or by an
annotation in the margin or at the foot of the note by
which the document is produced, gives his consent
thereto; or
( d ) if it is proved, by oath or otherwise, that the party
producing the document, had not been aware of it, or
could not, with the means provided by law, have
produced it, in due time; or
( e ) if the document to be produced is a book or other
paper in the original, copies whereof or extracts
wherefrom, relating to the matters at issue, were
produced in due time; or
( f ) before any referee, if bearing on the subject-matter of
his reference.
Demands on 
collateral issues.
(2) Any necessary demand concerning any collateral issue
shall, however, be allowed at any stage of the cause, as occasion
may require.
Cause book.  
Amended by:
IX. l886.21; 
XXIV. 1995.65.
151.  The registrar shall note down in a book to be kept for the
purpose, the causes the written pleadings whereof shall have been
closed as provided in article 146, following the order of the date on
which the written pleadings were closed.
List of causes set 
down for hearing. 
Parties to be served 
with notice of day 
of hearing. 
Amended by: 
XXXI. 1980.2; 
XXIV. 1995.66;
IV.1996.3.
152. (1) The registrar, following the order mentioned in the
last preceding article, shall, as soon as may be, publish such causes
in the list of causes set down for hearing, indicating that such
causes are being set for hearing trial for the first time, and shall
cause the parties to be served with a notice of the day appointed by
the court for the hearing of the cause which day shall be as soon as
possible but not later than six months after the filing of the
application for appeal:
Provided that any of the parties may by a note filed in the
registry exempt the registrar from the duty of service of such
notice.
Notice to be by 
summons.
(2) The said notice shall be by summons. If the appellant is not
served with the said notice, the registrar, unless he has been
exempted as stated in sub-article (1), shall, within ten days, inform
in writing the advocate of such party that the notice has not been
served, and the advocate shall sign a copy of the receipt of such
communication:
Provided that no action shall lie against the advocate for failure
to inform any such party.
Power of court. (3) It shall be lawful for the court, for just cause, to order the
hearing of a cause the written pleadings whereof have been closed,
irrespective of its turn.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             37
Default of written 
pleadings not to 
debar party from 
appearing at 
hearing of cause. 
Amended by:
IV. 1862.8; 
XXXI. 1934.21.
153. The default of the filing of any written pleading shall not
debar the party, who was entitled to file such written pleading,
from appearing at the hearing of the cause and producing his
evidence, provided he shows to the satisfaction of the court a good
reason for such default.
Title II
O F THE  M ODE OF  P ROCEDURE BY  W RIT OF  S UMMONS
Proceedings by 
writ of summons. 
Substituted by: 
XXVII. 1979.4; 
XIII. 1985.2.
154. (1) The procedure is said to be by writ of summons, when
the court issues or gives an order to a party to appear before it on
the day and at the hour appointed, in order to show cause why the
claim contained in the writ of summons should not be allowed.
(2) In the appointment of such day allowance shall be made for
the time required for the preliminary written procedures of the case
to be closed, provided that in urgent cases the court may appoint a
day for the trial of the case before the close of the preliminary
written procedures.
Form of writ of 
summons. 
Amended by: 
IX 1886.22. 
Substituted by: 
XXVII. 1979.5.
155.  The writ of summons shall be in writing, according to the
prescribed form.
Drawing up and 
contents of writ of 
summons. 
Amended by:
IX. 1886.22; 
XXXI. 1934.22; 
XXVIII. 1935.4; 
XXVII. 1979.6; 
XIII. 1985.3; 
XXIV.1995.67.
156. (1) The writ of summons shall be prepared by the
plaintiff and shall contain - 
( a ) a clear and correct statement of the subject-matter and
the cause of the claim;
( b ) the claim or claims, which shall be numbered.
Production of 
documents.
(2) Such documents as may be necessary in support of the
claim shall be produced together with the writ of summons.
(3) In the superior courts, the plaintiff or one of the plaintiffs
shall, moreover, file together with the writ of summons a
declaration with numbered paragraphs containing all the facts
relevant to the cause and describing each fact in separately
numbered paragraphs, in support of his claim, stating also which
facts are within his knowledge. Such a declaration shall either be
confirmed on oath before the registrar or be accompanied by an
affidavit of the plaintiff or one of the plaintiffs confirming all the
facts in support of the claim and stating which facts are within his
knowledge.
(4) The plaintiff shall together with the declaration also give
the names of the witnesses he intends to produce in evidence
stating in respect of each of them the facts and proof he intends to
establish by their evidence.
(5) Where several actions are brought together as provided in
article 161(3), (4) and (5), at least one of the plaintiffs shall file a
  38        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
declaration which shall either be confirmed on oath before the
registrar, or shall be accompanied by his affidavit, and the
provisions of sub-article (3) shall apply.
(6) A copy of such declaration and of such affidavit, if any, as
is mentioned in sub-articles (3) and (5) shall be served on the
defendant together with the writ of summons.
(7) The registrar shall not receive any writ of summons which
is not accompanied by such declaration and such affidavit if any as
is mentioned in sub-articles (3) and (5) and the court shall not allow
any witness to be produced unless his name shall have been given
together with the writ of summons. If the necessity of producing a
witness arises at any time after the filing of the writ of summons, or
if the opposite party gives his consent in the manner prescribed in
article 150(1)( c ), or if the court deems it in the interest of justice to
hear a particular witness, the court may allow such a witness to be
heard.
(8) When the proof intended to be established by each witness
is not stated or adequately stated in the declaration, the court shall
on the first day appointed for the pretrial hearing order the plaintiff
to indicate adequately the proof he intends to establish by each
witness within a time to be fixed by the court.
Cumulative writ of 
summons. 
Added by: 
XIII. 1985.4.
156A.    Repealed by: XXIV. 1995.68.
Service of writ of 
summons. 
Amended by: 
IX. 1886.23; 
XV. 1913.45,46; 
XXXI.1934.23, 24. 
Substituted by: 
XXVII. 1979.7; 
XXIV.1995.69;
XXXI. 2002.55.
157.   It shall be the responsibility of the plaintiff to cause a copy of
the writ of summons and of the declaration and of any affidavit of the
plaintiff and of any documents attached to the writ of summons to be
served on the defendant.
Statement of 
defence and note of 
admission, filing 
etc. 
Amended by: 
IX.1886.24; 
XV.1913.47; 
XXXI.1934.25; 
XXVIII.1935.5. 
Substituted by: 
XXVII.1979.9. 
Amended by: 
XXXI.1980.3; 
XV. 1983.2; 
XXIV.1995.70.
158. (1) The defendant shall file his statement of defence
within twenty days from the date of service, unless he intends to
admit the claim.
(2) Where the defendant intends to admit the claim wholly and
unconditionally, he shall file a note to that effect.
(3) Otherwise, he shall file a statement of defence containing -
( a ) any such pleas as would be taken to be waived if not
raised before the contestation of the suit;
( b ) a clear and correct statement of the pleas on the merits
of the claim or claims without reference to authorities. 
(4) The defendant or one of the defendants, if there are more
than one, shall moreover, file together with the statement of
defence, a declaration with numbered paragraphs containing all the
facts concerning the claim, denying, admitting or explaining the
circumstances of fact set out in plaintiff’s declaration, stating
which facts are within his own knowledge. Such declaration shall
be confirmed on oath before the registrar or be accompanied by an
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             39
affidavit of the defendant or one of the defendants on all the facts
concerning the claim denying, admitting or explaining the
circumstances of fact set out in plaintiff’s declaration and the
defendant shall also confirm that the facts stated therein are within
his own knowledge. The defendant shall also give the names of the
witnesses he intends to produce in evidence stating in respect of
each of them the facts and the proof he intends to establish by their
evidence. Together with the statement of defence, there shall be
filed all such documents as may be necessary in support of the
pleas.
(5) The registrar shall not receive any statement of defence
which is not accompanied by such declaration and any such
affidavit, as mentioned in sub-article (4) 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.
(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.
(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.
(8) Simultaneously with the filing of the note admitting the
claim or of the statement of defence and declaration, 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.
(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).
(10) If the defendant makes default in filing the statement of
defence and declaration 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 statement and declaration 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 submissions shall be served on the
plaintiff who shall be given a short time within which to reply.
(11) The statement of defence, 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
  40        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
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.
(12) With the filing of the statement of defence or on the
expiration of the terms laid down in sub-article (1), the preliminary
written procedures shall be deemed to be closed, and articles 151
and 152 shall apply.
(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 statement of defence in
accordance with this article, the defendant shall file the statement
of defence and declaration 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.
Writ of summons 
and statement of 
defence not to 
contain comments 
or superfluous 
matter. 
Amended by: 
IV.1862.9; 
VI. 1880.20; 
IX. 1886.24.
159. (1) Except a reference to the law, the writ of summons
and the statement of defence, 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 writ of
summons, or for a rebuttal of those facts or for an indication of the
pleas as regards the statement of defence.
(2) In the case of non-compliance, the court may order any
superfluous matter to be struck out, or the written pleading to be
removed from the record and replaced by another made in
accordance with the provisions of this article.
Affidavits of 
witnesses.
Amended by: 
XV. 1913.48.
Substituted by:
XXIV.1995.71.
160.  Any party intending to produce a witness in any
proceedings before any court may, together with the writ of
summons or the statement of defence, 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 person authorised by law to
administer oaths, and a copy of such affidavit shall be served on the
other party.
Title III
O F THE  O RDINARY  M ODE OF  P ROCEDURE IN  C ONTENTIOUS 
M ATTERS AS APPLIED TO THE RESPECTIVE  C OURTS
Mode of procedure 
in the Civil Court, 
First Hall, and in 
the Court of 
Magistrates  ( Gozo )  
in its superior 
jurisdiction. 
Amended by: 
XV.1913.49; 
XIII.1964.19; 
VIII.1990.3. 
Substituted by: 
XXIV.1995.72.
161. (1) In the Civil Court, First Hall, and in the Court of
Magistrates (Gozo) in its superior jurisdiction, proceedings are
ordinarily taken by writ of summons. 
(2) Proceedings may also be taken by application in the cases
prescribed by or under a law.
(3) Two or more plaintiffs may bring their actions by one writ
of summons or by one 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.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             41
The cause and subject matter of the actions shall be clearly and
specifically stated in respect of each plaintiff.
(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.
(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).
Proceedings by 
writ of summons. 
Amended by: 
XI.1859.5; 
XV.1913.50.
162.  Repealed by: XXIV. 1995.73. 
Mode of procedure 
in Commercial 
Court and in Gozo 
court in its superior 
commercial 
jurisdiction. 
Amended by: 
XI.1859.6; 
XV.1913.51; 
VIII.1990.3.
163.   Repealed by: XXIV. 1995.74.
Nullity of 
proceedings. 
Amended by: 
XI. 1859.6. 
Substituted by: 
XXIV. 1995.75.
164. (1) Saving the provisions of article 175, nullity shall
ensue if proceedings which should have been instituted by writ of
summons or by application of appeal are instituted by any other
judicial act.
(2) No nullity shall ensue if a cause which should have been
instituted by application is instituted by writ of summons: 
Provided that the court may order plaintiff to substitute the writ
of summons by an application: 
Provided further that any additional costs incurred shall be borne
by the plaintiff:
Provided further that the provisions of this sub-article shall not
apply where in accordance with any law other than this Code
proceedings are to be instituted by application.
Leave to file 
written 
submissions. 
Amended by: 
XI.1859.6; 
XXXI. 1934.26.
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.
Written 
submissions in 
reply. 
Amended by: 
XI.1859.6; 
XXXI.1934.27.
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.
  42        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Special summary 
proceedings. 
Repealed by: 
IX. 1886.25.
Re-enacted by: 
XV.1913.52. 
Amended by: 
XXXI.1934.28; 
VIII. 1990.3; 
XXIV.1995.76;
IV.1996.16.
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,
it shall be lawful for the plaintiff to pray in the writ of summons
that the court gives judgment allowing his demand, without
proceeding to trial:
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:
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.
(2) In the cases provided for in this article, the writ of
summons 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.
(3) The provisions of article 156(1), (2) and (3) and the
provisions of article 159 shall apply to such writs of summons.
Service on 
defendant. 
Repealed by: 
IX. 1886.25. 
Re-enacted by: 
XV. 1913.52. 
Amended by: 
XXIV.1995.77.
168.  A copy of the declaration and any affidavit and of the note
of the documents produced with the writ of summons shall be
served upon the defendant, together with the writ of summons.
Time for service of 
writ of summons. 
Repealed by: 
IX. 1886.25. 
Added by: 
XV. 1913.52. 
Substituted by: 
XXIV.1995.78.
169.  In the cases referred to in article 167, the writ of summons
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: 
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.
Mode of service.  
Added by: 
XIII. 1985.5.
Substituted by: 
XXIV.1995.79.
169A. The writ of summons, 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.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             43
Trial in special 
summary 
proceedings. 
Repealed by: 
IX. 1886.25. 
Re-enacted by: 
XV. 1913.52. 
Amended by: 
XXXI. 1934.29; 
XXIV.1995.80.
170. (1) If the defendant fails to appear to the writ of
summons, 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.
(2) If the defendant successfully impugns the proceedings on
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 sub-
article (4), in which case the defendant shall comply with the
provisions of article 158 so far as applicable.
(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.
(4) The order giving leave to defend shall be made orally, a
record thereof being kept in the proceedings.
Mode of procedure 
in inferior courts. 
Amended by: 
XI.1859.7; 
VII.1880.8; 
XV.1913.53,54; 
XXIII.1971.12; 
XLIX.1981.6; 
VIII.1990.3. 
Substituted by: 
XXIV. 1995.81.
Amended by:
XXXI. 2002.57.
171. (1) In the Court of Magistrates (Malta) and in the Court of
Magistrates (Gozo) in its inferior jurisdiction, proceedings shall be by
writ of summons 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.
(2) The cause shall be summarily heard in terms of article 215.
(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.
Mode of procedure 
in appeals from 
judgments of 
inferior courts. 
Amended by: 
XI. 1859.8; 
VII.1880.8; 
IX. 1886.26; 
XV.1913.56; 
XXVII.1979.10; 
VIII.1990.3; 
XXIV.1995.82.
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.
(2) The application as well as any other subsequent act may
even be signed by the appellant or by the respondent only.
  44        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Orders  in camera. 
Amended by: 
VII.1880.8; 
IX.1886,27; 
XV.1913.57. 
Substituted by: 
XXVII.1979.11. 
Amended by: 
XXIV.1995.83;
XXXI. 2002.58.
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 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 or 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.
(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.
(3) In the case of an order given under subarticle (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 the replies given together 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.
(4) When an application as in referred to in sub-article (2)( b )   is
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.
Title IV
P ROVISIONS APPLICABLE TO  W RITTEN  P LEADINGS AND OTHER 
A CTS OF  P ROCEDURE
Contents of written 
pleadings.  
Amended by:
XV. 1913.58;
XXXI. 1934.30;
XXIII. 1971.13;
XXVII. 1979.12;
VIII. 1990.3,4;
XXIV. 1995.84;
XXXI. 2002.59.
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
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             45
designation, if any, of the capacity in which the parties
appear:
     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
writ of summons to which it refers.
(2) Every written pleading or other act requiring service, must
be accompanied by:
( a ) the identity card number, if any, if the person is
pleading in his personal capacity;
Cap. 386.
( 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 .
Power of court to 
order or permit 
amendment of 
written pleadings. 
Amended by: 
XV.1913.59; 
XIII.1964.20. 
Substituted by: 
XXIV.1995.85.
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.
(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.
(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.
  46        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Mode of drawing 
up pleadings. 
Amended by: 
XV.1913.60. 
Substituted by: 
XIX. 1965.7. 
Amended by: 
XXIV. 1995.86;
XXXI. 2002.60.
176. (1) Pleadings shall be printed, type-written or written in
ink:
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.
(2) Any quantity, sum or measure shall, at least where it first
occurs in the pleading, be expressed in words.
(3) The copies of the pleadings, as would be required for the
service thereof, shall be signed by the same persons as the original.
"With costs." 177.    The words "with costs" shall in all cases be deemed to be
included in any written pleading where costs may be asked for. 
Signing of written 
pleadings. 
Amended by: 
XXIV.1995.87. 
178. (1) The written pleadings shall be signed by the advocate
and also by the legal procurator, if any.
(2) The writ of summons shall be signed in the margin thereof.
Where, when and 
how written 
pleadings are filed.  
Amended by: 
VII. 1856.1; 
XV. 1913.61; 
VIII. 1990.3;
XXXI. 2002.62.
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.
Persons who may 
file written 
pleadings. 
Amended by: 
IX. 1886.28; 
XV.1913.62; 
XXIII.1971.14; 
XLVI.1973.108; 
XXIV.1995.88.
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 paternal
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, father-in-law, mother-in-law,
son-in-law, daughter-in-law, husband or wife,
appointed as an attorney for the purpose, by the party
pleading whose signature is duly attested in
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             47
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.
(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.
Written pleadings 
filed by a Minister 
or a public officer. 
Added by: 
XXIII. 1971.15. 
Amended by: 
XXIV. 1995.89.
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.
(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.
(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.
(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).
Written pleadings 
filed by or against 
a body having a 
distinct legal 
personality.  
Added by: 
XXIV. 1995.90.
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.
(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, statement or pleading.
(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:
Provided that the written pleadings mentioned in this sub-article
  48        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
shall be served in accordance with the provisions of article 187(7).
Judicial 
representation of 
Government.  
Added by: 
XXIV. 1995.91.
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:
Provided that, without prejudice to the provisions of this article: 
( 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 Administrative
Secretary;
( c ) actions relating to contracts of supplies or of works
with Government may in all cases be instituted by the
Director of Contracts.
(2) The Attorney General 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.
(3) Every application, writ of summons 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
Attorney General and every time limit for the filing of any reply or
statement of defence 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 Attorney General. The registrar
shall not charge any fees for effecting the service on the Attorney
General.
Persons filing 
written pleadings 
are bound to accept 
service of other 
written pleadings.  
Amended by: 
XXIII. 1971.16. 
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.
Notice of trial to be 
served on party 
himself.
(2) Notwithstanding the provisions of sub-article (1), the notice
of trial must be served on the party himself. 
Duties of registrar 
in connection with 
the filing of written 
pleadings . 
Amended by: 
IX. 1886.29; 
XV.1913.62. 
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.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             49
Difficulty about 
filing of written 
pleadings. 
Amended by: 
XI. 1980.2;
XXIV.1995.92.
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.
(2) In all cases, the registrar shall, upon a request to that effect,
state in writing the reason for his refusal.
Service on all 
parties. 
Substituted by: 
XXIV.1995.93.
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.
Designation of 
person to be served 
with written 
pleading. 
Amended by: 
XV.1913.63; 
XXIV.1995.94;
XXXI. 2002.64.
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,
(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.
(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:
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 .
Mode of service. 
Amended by: 
VII.1856.2; 
XV.1913.63; 
XIX.1965.8; 
XXVII.1979.13; 
XXIV. 1995.95.
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 or
by leaving such copy at the place of residence or business or place
of work or postal address of such person with some member of his
family or household or with some person in his service or his
attorney or person authorized to receive his mail:
Provided that it shall not be lawful to leave such copy with any
person under the age of fourteen years, or with any person who, on
account of infirmity of mind, is unable to give 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 that the copy has actually reached the person
to be served therewith:
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
  50        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
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.
(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.
(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.
(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).
(5) If it appears from the certificate of the officer charged with
the service of a written pleading that service as provided in sub-
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
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             51
to the notice of any of the persons mentioned in article 181A(2).
(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 ).
(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:
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.
(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:
Cap. 319.
Provided that, applications of appeal, and applications made
under the provisions of the Constitution of Malta and the European
Convention Act and writs of summons, shall be served by the
executive officers of the courts.
Certificate of 
service. 
Amended by: 
XV. 1913.64. 
Substituted by: 
XIX. 1965.9.
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
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.
(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.
(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.
Service of acts and 
execution of 
warrants and 
orders in Gozo and 
Comino. 
Added by: 
XIX. 1965.10. 
Amended by: 
VIII. 1990.3.
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).
(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
  52        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
the act was filed or by which the warrant or order was issued.
Service of acts and 
execution of 
warrants and 
orders in Malta. 
Added by: 
XIX. 1965.10. 
Amended by: 
VIII.1990.3. 
Substituted by: 
XXIV. 1995.96. 
 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.
(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).
Mode of preparing 
copies. 
Substituted by: 
XIX.1965.11. 
Amended by: 
XXIV.1995.97;
XXXI. 2002.69.
191. (1) Copies shall be printed, typewritten, made by other
mechanical or electronic means or by any photographic process or
written in ink:   
Provided that in every case they shall be drawn up in clear and
easily legible characters.
(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 .
Penalty in case of 
irregular copies.
Reckoning of time.
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.
Provisions of this 
Title to apply to all 
courts and to all 
acts. 
Amended by: 
XXVII. 1979.15. 
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:
Provided, however, that precautionary and executive warrants
may only be served or executed by officers of the courts.
Title V
O F THE  T RIAL OF  C AUSES
Assignment of 
causes.
Added by:
XXXI. 2002.70.
193A. (1) Causes shall be assigned in accordance with rules of
court or regulations made in accordance with article 29.
(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.
Posting up of cause 
list.
Amended by: 
XI.1859.9; 
XXVII. 1979.16; 
XXIV.1995.98.
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).
(2) The list shall bear the date on which it is posted up as
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             53
aforesaid and shall be signed by the registrar.
(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.
Trial of causes.
Amended by:
XXXI. 1934.31;
XXXIII. 1934.2;
XXVII. 1979.17;
VIII. 1981.5;
XXIV. 1995.99.
Substituted by:
XXXI. 2002.72.
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:
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.
(2) ( a ) The court shall at the first hearing of both the pre-trial
stage and the trial stage plan in advance and, after
consulting 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:
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.
(3) As far as possible, sittings shall be fixed both for a
determinate date and for a determinate time, as may be specified in
regulations made under this article.
(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, 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:
Provided that in causes which are to be heard with urgency
the said period of two months shall not apply.
(5) 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 .
Absence of witness 
to be a good 
ground for 
adjournment. 
Substituted by:
XXIV. 1995.100.
Amended by:
XXXI. 2002.73.
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.
(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
  54        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
as the court shall determine. Such day and time shall be prior to the
date to which the cause is adjourned.
 Order of trial. 
Amended by: 
XI. 1859.10; 
XXXI.1934.32; 
L.N. 148 of 1975.
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.
Government 
causes.
(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.
Calling on of 
causes.
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:
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".
Default of 
appearance of 
contending parties 
at trial. 
Amended by: 
IX. 1886.30; 
XXXI. 1934.33; 
II.1940.4; 
XXIV.1995.101.
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.
Default of 
appearance of 
plaintiff.
(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.
Right of plaintiff to 
have cause again 
set down for trial.
(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 ten days,
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.
Non suit of 
plaintiff in default 
of security for 
costs.
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 the registrar.
Security for costs 
not subject to 
claims of creditors.
(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.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             55
Default of 
appearance of 
defendant. 
Amended by: 
XXXI. 1934.34; 
XXIV. 1995.102.
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.
Regulation of trial. 
Substituted by: 
XXIV.1995.103.
202. Repealed by XXXI. 2002.74 .
Power of court to 
vary order of 
production of 
evidence. 
Substituted by: 
XXIV.1995.104.
203. Repealed by XXXI. 2002.74 .
Party may plead 
personally or 
through advocate.
Amended by:
XXXI. 2002.75.
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
orally as the court may decide, by the plaintiff
submitting his case and the defendant making his
answer:
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 .
Distribution of oral 
pleading when 
more than one 
advocate appears 
for the same party.
(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.
Power of court to 
rule out useless 
matter in oral 
pleading.
(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.
Party assisted by 
advocate not to 
address court. 
Amended by: 
IX.1886.31; 
XXIV. 1995.105.
205. (1) The party assisted by an advocate may not, without
leave of court, make any submission except through his advocate. 
Power of court 
where party 
appears without 
advocate.
(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
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.
  56        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Close of trial. 206. Repealed by XXXI. 2002.76 .
Order of trial in 
appellate court.  
Amended by: 
IX. 1886.32;
XXIV. 1995.106;
XXXI. 2002.77.
207. Before an appellate court - 
( a ) where the appeal is entered by the plaintiff only, or by
both parties, the order of hearing shall be the same as
provided in article 204(1);
( b ) where the appeal is entered by the defendant only, he
shall commence by briefly stating the alleged grounds
of complaint and praying that the judgment appealed
from be reversed or varied, and the order of hearing
shall then be as provided in article 204(1).
Production of 
witnesses before 
appellate court.  
Amended by: 
IX. 1886.32; 
XV. 1913.65; 
XXXI. 1934.35.
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: 
       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.
(2) If in the court of first instance the defendant had failed to
file the statement and declaration 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.
Appeal to be 
declared 
abandoned in 
default of security 
for costs, 
Amended by: 
IV. 1868.4; 
XXXI. 1934.36; 
XXIV. 1995.107.
209. (1) In the Court of Appeal, if, when the cause is called, it
is found that security for the costs of the suit is not produced as
provided in article 249, the court shall forthwith proceed to declare
the appeal abandoned:
Provided that the court may grant the appellant a short time to
produce security for costs if the appeal is one which is to be heard
with urgency, or if the registrar has not:
( a ) fixed the amount for such security; and
( b ) notified the appellant accordingly indicating in such
notice the consequences of his default, at least ten days
prior to the hearing.
and in default of 
appearance of both 
parties or of 
appellant. Right of 
appellant to have 
cause again set 
down for trial.
(2) If, when a cause is called on three times, neither of the
parties nor their advocates appear, or if only the respondent or his
advocate appears, the court may declare the appeal abandoned.
Nevertheless, on an application by the appellant, filed within eight
days from such declaration, the court shall order that the cause be
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             57
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.
Parties or 
advocates not to 
interrupt each 
other. 
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.
Judgment to be 
given in the same 
or at earliest date.
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.
Grounds of 
adjournment to be 
stated by court and 
noted down by 
registrar. 
Added by: 
XXXI. 1934.37.
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.
(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. 
In inferior courts, 
the court may 
adjudge on a right 
although not 
falling precisely 
within original 
claim. 
Amended by: 
XV.1913.66; 
VIII. 1990.3.
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 writ of summons 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 writ of summons:
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:
Provided further that in no case shall the court award a sum
beyond that originally claimed.
Appearance of 
parties in inferior 
courts. 
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.
Inferior courts to 
proceed 
summarily.
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
contained in this Title in so far as such provisions may be
consistent with the manner of proceeding of the said courts as
aforesaid.
Title VI
O F  D ECREES,  J UDGMENTS AND  A PPEALS
Delivery of 
judgment. 
Amended by: 
XV. 1913.66; 
XXII. 1992.8.
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.
  58        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Decision of 
majority to form 
judgment of court 
consisting of more 
than one member.  
Amended by:
IX. 1886.34; 
IV.1905.3.
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.
Judgment to 
include reasons. 
Amended by:
VI. 1880.21; 
XXIV 1995.108. 
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.
Conclusive or 
binding 
declarations to be 
included in 
operative part of 
judgment.
219.   Every declaration intended by the court to be conclusive
or binding shall be included in the operative part of the judgment. 
Proceedings for 
the recovery of a 
debt.
Added by:
IV. 2001.35.
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.
(2) The period mentioned in subarticle (1) shall not include the
period of time taken for service of the writ of summons or
application upon the defendant.
Recording of 
decision and 
reasons. 
220.   When judgment is delivered, the registrar shall record the
decision together with the reasons given by the court for such
decision.
Delivery and 
recording of 
interlocutory 
decrees. 
Amended by: 
XI. 1859.11; 
XXVII 1979.18.
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.
(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.
Judgment upon 
claim for specific 
performance.
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.
Costs. 
Amended by: 
XIII. 1964.21; 
XXIV. 1995.109.
223. (1) Every definitive judgment shall award costs against
the party cast.
(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.
(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.
(4) In the case of any frivolous and vexatious appeal, the Court
of Appeal or the Constitutional Court may award double costs
against the appellant in favour of the respondent.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             59
(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.
Award of costs  in 
solidum  or  pro 
rata. 
Amended by: 
IX. 1886.35.
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.
Costs against 
tutors, etc.
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
separate proceedings, condemn such tutor, curator, heir 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.
Time for filing 
application of 
appeal. 
Amended by: 
IX.1886.36; 
XV.1913.67; 
XII.1924.2; 
VIII.1990.3. 
Substituted by: 
XXIV.1995.110. 
226. (1) An appeal is entered by means of an application to be
filed in the registry of the Court of Appeal within twenty days from
the date of the judgment.
(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.
Judgments by 
appellate courts not 
subject to appeal. 
Amended by: 
VII.1880.8; 
XXII.1976.4; 
VIII.1990.3.
Substituted by: 
XXIV.1995.111.
227. Judgments delivered by the Court of Appeal are not
appealable.
Other judgments 
not subject to 
appeal. 
Amended by: 
XV.1913.68; 
XXXI. 1934.38; 
XXIII.1971.17; 
XIII.1983.5; 
XII. 1985.6; 
VIII. 1990.3;  
XXIV.1995.112.
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.
Appeal from 
inferior courts 
when admissible.
(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 two hundred liri, and the matter at issue does
not involve a point of law determined in the judgment or the
  60        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
determination of a claim for the eviction of any person from
immovable property.
Appeal from 
decrees. 
Amended by: 
 XV. 1913.69. 
Substituted by: 
XXIV. 1995.113. 
Amended by: 
IV.1996.4.
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;
( 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 procee-
dings. 
(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.
(3) Save as otherwise specifically provided for in this Code an
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             61
appeal from any other interlocutory decree not included in sub-
articles (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 six 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.
(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.
(5) The court shall decide, as expenditiously 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.
(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:
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.
(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.
(8) The security referred to in article 249 shall not be required
in the cases referred to in sub-article (6).
(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 one thousand liri by way of penalty, saving any
right for damages that may be competent to respondent.
(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.
Interlocutory 
decrees not to 
operate as  res 
judicata  for court 
delivering them.
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.
  62        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Appeal in case of 
separate judgments 
on several issues in 
the same action. 
Substituted by: 
XXIV. 1995.114.
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:
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.
(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.
Assessment of 
damages, etc., 
pending appeal. 
Liability for 
expenses in case of 
reversal of 
judgment.
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.
Power of appellate 
court to assess 
damages, interest 
or fruits.
Amended by:
XV. 1913.70. 
Substituted by: 
XXIV. 1995.115.
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.
(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.
Decrees in regard 
to jurisdiction of 
court to be subject 
to appeal. 
Amended by: 
XV. 1913.71; 
XXIV. 1995.116.
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.
No appeal  ab 
omissa decisione. 
Amended by: 
IV. 1865.2;
XXIV. 1995.117
235.    Where a court of first instance omits to determine any of
the claims brought forward, no appeal shall lie  ab omissa
decisione :
Parties may request 
first court to decide 
claim not 
determined by 
application within 
fifteen days,
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
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             63
judgment:
or by summons at 
any time.
Provided further that it shall be lawful for each of the
parties, at any time, to sue by writ of summons before the court of
first instance for a decision on the claim the determination of which
had been so omitted.
Interested third 
parties may appeal.
236.  An appeal may be entered not only by the contending
parties but also by any person interested.
Judgment not to 
operate against 
third parties.
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.
Persons who 
benefit from 
appeal.  
Added by: 
IX. 1886.37.
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.
(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:
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.
Certain judgments 
may only operate 
in respect of third 
parties if and from 
the time they are 
entered in the 
Public Registry. 
Added by: 
IX. 1886.3. 
Amended by: 
XXIV.1995.118.
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;
( b ) any judgment which directly adjudges the transfer of
the ownership of immovable property or of any other
real right thereon.
Cap. 56. 
(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.
(3) In the case of any judgment referred to in sub-article (1)( a ),
when the judgment shall have become  res judicata , the registrar
  64        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
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.
Cross-appeal. 
Amended by: 
XI.1859.12; 
IX.1886.38. 
Substituted by: 
XXIV. 1995.119.
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 a cross
appeal is directed in terms of article 144(1):
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.
(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.
Cross-appeal to 
hold good 
notwithstanding 
abandonment of 
appeal.
241.   The declaration referred to in the last preceding article
shall continue to be operative even if the opposite party abandons
his appeal.
Notice as to 
validity of laws. 
Amended by: 
IX.1886.39; 
XV. 1913.72; 
VIII. 1990.3. 
Substituted by: 
XXIV. 1995.120. 
Cap. 319.
242.  When a court, by a judgment which has become  res
judicata , declares any provision of any law 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.
Abridgement of 
time for appeal. 
Added by: 
IX.1886.39. 
Amended by: 
XV. 1913.73; 
XXIV. 1995.121.
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.
(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.
(3) The provisions of this article shall apply to the answer, and,
if there is a reply, to such reply.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             65
Lodging of record. 
Added by: 
IX. 1886.39. 
Amended by: 
XV. 1913.74; 
LIII. 1948.2. 
Substituted by: 
XXIV. 1995.122. 
244. (1) On appeal proceedings being taken, the record of the
proceedings of the first court shall be lodged before the appellate
court.
(2) The fee prescribed for the lodging of the record shall be
paid concurrently with the fee for the filing of the application.
Mode of lodging 
record. 
Amended by: 
VII. 1880.8. 
Substituted by: 
LIII.1948.3; 
XXIV. 1995.123. 
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. 
Lodging of record 
in appeals before 
Gozo court as 
appellate court . 
Amended by: 
VII. 1880.8; 
IX. 1886.39.
246. Repealed by: XXIV. 1995.124.
Lodging of record 
in appeals from 
inferior court to 
Court of Appeal. 
Amended by: 
VII. 1880.8. 
Substituted by: 
LIII. 1948.4. 
Amended by: 
VIII. 1990.3. 
Substituted by: 
XXIV. 1995.125.
247. (1) In regard to appeals from judgments of the Court of
Magistrates (Gozo) and from judgments of the Court of Magistrates
(Malta), the lodging of the record shall be effected by the
transmission thereof by any officer of the court concerned to the
registrar in the Court of Appeal.
(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
the notification in writing, make notification by telefax
or other electronic device or orally by telephone.
(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.
Fee on lodging of 
record, in appeal 
from Gozo court to 
Court of Appeal. 
Substituted by: 
LIII.1948.5.
248.   Repealed by: XXIV. 1995.126.
Security for cost: 
Amended by: 
IX. 1886.41;
XV. 1913.75. 
Substituted by: 
XXIV. 1995.127.
249. (1) Saving the provisions of the proviso to article 209(1)
and unless otherwise provided in any other law, in the case of an
appeal from judgments or decrees given in a cause initiated by writ
of summons, security for costs is to be produced and deposited in
court at least one day before the date of the hearing of such appeal.
Cap. 371.
(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.
(3) The deposit shall not be subject to the claims of the
  66        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
creditors of the party making such deposit, so long as it remains to
meet the costs of the suit.
Cap. 371.
(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.
(5) The Minister responsible for justice may by regulations
exempt any other category of persons or bodies from providing the
said security.
(6) The provisions of articles 893 to 905 where inconsistent
with this article shall not apply to the security given under this
article.
Exemptions from 
security. 
Amended by: 
VII.1880.9; 
IX. 1886.42;
XV. 1913.76; 
XXIV. 1995.128.
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.
Times mentioned 
in article 226 to be 
peremptory. 
Amended by: 
IX.1886.44; 
XV.1913.77; 
XXIV.1995.129.
251.   Subject to the provisions of article 143, the times
prescribed in article 226 are peremptory.
Title VII
Amended by:
IX. 1886.45.
O F THE  E NFORCEMENT OF  J UDGMENTS AND OTHER  E XECUTIVE 
T ITLES
Added by:
XXXI. 2002.84.
Sub-title I
GENERAL PROVISIONS
Mode of 
enforcement of 
executive title. 
Added by: 
IX. 1886.46. 
Substituted by: 
XII. 1985.7.
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.
Executive titles. 
Added by:
IX 1886.46. 
Amended by: 
XV. 1983.3;
II. 1996.78;
XVIII. 1999.33;
XXXI. 2002.85.
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 any advocate, legal procurator, notary
public, perit, judicial referee or witness, unless such
taxed bills are impugned according to law;
( d ) awards of arbitrators registered with the Malta
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             67
Arbitration Centre .
Judgments 
ordering release 
from imprisonment 
for debt to be 
enforceable 
immediately.
254.     Repealed by: XII.1985.8.
Judgments 
enforceable after 
twenty-four hours.  
Amended by: 
XXIV. 1995.130;
XXXI. 2002.86.
255. The following may be enforced after the lapse of twenty-
four 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;
Cap. 387.
( d ) any award of an arbitrator in accordance with the
Arbitration Act.
All other 
judgments to be 
enforceable after 
two days from 
delivery.
Amended by: 
IX. 1886.47. 
 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.
Other executive 
titles to be 
enforceable after 
two days from 
judicial intimation.
(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.
Power of court to 
abridge time for 
enforcement of 
judgments.
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
such enforcement may be made in the judgment itself.
Procedure for 
enforcement of 
executive titles 
after lapse of five 
years. 
Amended by: 
IX. 1886.48. 
Substituted by: 
XXII. 1963.2; 
XXIV. 1995.131.
258.  Where a period of five years has expired since the day on
which according to law any of the executive titles mentioned in
article 253 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.
Procedure for 
enforcement of 
executive title 
where debtor is 
dead. 
Amended by:
IX.1886.48; 
XXIV.1995.132.
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.
(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
  68        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
execution proceedings shall be taken against such curator.
(3) The time allowed to deliberate upon the acceptance of the
inheritance shall not operate as a stay of the execution proceedings.
(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.
Executive titles to 
be enforceable on 
movable and 
immovable 
property of debtor.
Amended by:
IX. 1886.50.
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.
Joint enforcement 
of executive titles. 
Amended by: 
IX. 1886.51.
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.
Payment or 
fulfilment in part 
of debt or claim not 
to operate as 
waiver of 
execution. 
Amended by:
IX. 1886.52.
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.
Enforcement by 
creditor of creditor.  
Amended by: 
IX. 1886.53.
263. (1) It shall be lawful for the creditor of a creditor, by writ
of summons, to enforce or prosecute the enforcement of the title
which his debtor was entitled to enforce.
(2) The writ of summons shall be served on the debtor against
whom enforcement is sought and on his creditor.
By which court 
executive titles are 
enforceable. 
Amended by: 
IX. 1886.54.
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.
(2) Any other executive title mentioned in article 253 is
enforceable by the court competent to take cognizance of the
subject-matter thereof.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             69
Enforcement of 
judgment of 
appellate court.  
Amended by:
IX. 1886.55;
XV. 1913.78.
Substituted by:
XXXI. 2002.88.
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.
Provisional 
enforcement of 
judgments by order 
of the court. 
Substituted by: 
XXII. 1963.3.
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.
(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.
(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:
Provided that -
( a ) if the application is filed before the delivery of the
judgment, the court of first instance shall dispose of
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.
(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.
(5) The provisions of sub-article (2) shall apply to any
application filed under the last foregoing sub-article.
(6) Where a demand for a declaration under subarticle (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.
(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 subarticle (1) than such execution
would cause to the opposite party.
(8) The party against whom execution of a judgment declared
provisionally enforceable under this article is sued out, shall, in
  70        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
case of reversal or variation of such judgment, be entitled to
damages and interest.
(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).
(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.
(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 .
(12) In this article the expression "court of first instance" shall
be construed as if it included a reference to the Rent Regulation
Board.
Provisional 
enforcement by 
operation of law. 
Substituted by: 
XXII. 1963.4. 
Amended by: 
XXIV. 1995.133.
267.  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.
Other articles 
applicable to 
provisional 
enforcement. 
Substituted by: 
XXII. 1963.5. 
Amended by: 
XXIV. 1995.134.
268.  The provisions of articles 255, 256 and 257 shall apply to
any provisional enforcement.
Appeal from 
judgment 
authorizing 
enforcement of 
other judgment, 
etc.
Amended by: 
XXII. 1963.7.
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.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             71
Condition for 
registration in 
Public Registry of 
notes of reference 
deriving from a 
judgment.  
Added by:
IX. 1886.56. 
Substituted by: 
XXIV. 1995.135.
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:
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.
Enforcement of 
part of judgment 
notwithstanding 
appeal from 
another part.
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.
Power of the court 
in the execution of 
titles.
Substituted by:
XXXI. 2002.89.
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 .
Executive acts. 
Amended by: 
IX.1886.57, 58;
XII. 1985.9.
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 ) judicial sale by auction of movable or of immovable
property or of rights annexed to immovable property;
( c ) Repealed by: XII.1985.9.
( d ) executive garnishee order;
( e ) warrant of ejection or eviction from immovable
property;
( f ) warrant  in factum.
Preparation and 
issue of executive 
warrants. 
Amended by: 
XV. 1913.79;
XXIX. 1939.2; 
L.N. 4 of 1963;
XXXI. 1966.2; 
XIV. 1980.4;
XXIV. 1995.136;
XXXI. 2002.91.
274. (1) Any of the warrants or the order mentioned in the last
preceding article is issued by the court on the demand of the party
suing out execution:
Provided that where in the opinion of the registrar the
signature of the judge or magistrate empowered to issue a warrant
of seizure of movable property or an executive garnishee order,
cannot be obtained within a reasonable time and that delay may be
prejudicial, the said warrant or order may be issued over the
signature of the registrar personally after having first obtained
verbal authorisation from the judge or magistrate to do so, the
judge or magistrate is also to append his own signature under that
of the registrar at the earliest opportunity as proof that the said
authority had been given or, if it is not possible for the registrar to
obtain beforehand such authorisation, the registrar shall issue the
said warrant or order over his signature subject to the ratification of
  72        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
such action by a judge or magistrate as soon as possible and no
action shall be available to impugn the regularity of such warrant or
order on the grounds that the warrant or order could have been
issued over the signature of a judge or a magistrate, as the case may
be. 
(2) The demand for the issue of the warrant or order shall be
made by application, and such application shall indicate the sum or
the thing due in virtue of the title.
(3) Where the executive title be other than a judgment of the
court to which the demand is made, a copy of such title and of the
act containing the intimation, where such intimation is required
under article 256, shall be filed together with the demand.
(4) If by the same warrant or order it is sought to recover also
judicial costs, the amount thereof shall be stated in the demand and the
taxed bill of such costs shall be attached thereto.
Form of demand 
for issue of 
executive warrant.  
Amended by:
IX. 1886.59; 
XXIII. 1971.18; 
XIII. 1983.5; 
XII. 1985.10; 
VIII. 1990.3; 
XXIV. 1995.137.
275. Repealed by XXXI. 2002.92 .
Sum or thing due 
to be stated in the 
demand. 
Amended by: 
IX. 1886.60.
276.   Repealed by XXXI. 2002.92 .
Amount of judicial 
costs to be stated in 
the demand. 
Amended by: 
IX. 1886.61.
277.   Repealed by XXXI. 2002.92.
Powers of 
executing officer.  
Amended by: 
XI. 1859.14; 
L.N. 148 of 1975.
278. (1) The marshal may, where necessary in connection with
the execution of any warrant committed to him, after calling in two
witnesses, break open any outer or inner door as well as any box or
other thing in which there might be effects liable to seizure, saving
the exceptions laid down in this Code.
Previous notice in case of warrants for seizure of Government
property.
(2) Nevertheless, in the case of any warrant for the seizure of
any property of the Government of Malta, the marshal shall not
execute such warrant before the lapse of four working days from
the day on which he shall have communicated in writing the issue
of such warrant to the officer charged with the custody or care of
such property.
No opposition to 
the execution of 
warrants.
279.  No opposition to the execution of any warrant or garnishee
order shall be considered until the execution has been effected.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             73
Time for execution 
of warrants and 
orders. 
Amended by:
IX.1886.62; 
XIX.1965.13; 
XXIV.1995.138.
280. (1) Saving the exceptions laid down in this Code, no
warrant or garnishee order shall be executed at any time before six
o’clock in the morning or after eight o’clock in the evening, under
pain of nullity of the execution.
Exception.
by the applicant, the court may allow the execution of any warrant
or order during the said time.
Service of copy of 
warrant on party 
against whom it is 
issued. 
Amended by: 
IX. 1886.63;
XIX. 1965.14.  
281. (1) The marshal shall deliver a copy of the warrant or
order to the party against whom it is issued, or to his lawful
representative.
Warrant to be 
executed without 
delay.
(2) Unless the court shall otherwise direct, the marshal shall
execute the warrant or order without delay, and, on the execution
thereof, he shall return it to the registrar together with a certificate
stating whether the warrant or order was executed: in the
affirmative, the certificate shall also state the details of the
execution, and in the negative, the reason why the execution was
not effected.
Damage in case of 
nullity of warrant 
or its execution.
282.  The nullity of any warrant or order or of the execution
thereof shall entitle the party against whom the warrant or order is
issued to an action for damages and interest against the person
suing out execution if the nullity arises out of any act of such
person, or against the marshal who executed the warrant or order if
the nullity arises out of any act of the marshal.
Duty of notary to 
give notice to 
registrar of the 
publication of a 
deed ordered by a 
judgment.  
Added by: 
XV. 1913.80. 
Amended by: 
XI. 1977.2; 
XIII. 1983.5; 
XXIV. 1995.139.
283. (1) Any notary before whom any deed under a judgment
is received shall, within fifteen days, and on pain of a penalty not
exceeding twenty liri, or such greater sum not being more than one
hundred liri as the Minister responsible for justice may from time
to time by order in the Gazette establish, to be awarded by the court
and enforceable as a civil debt give notice to the registrar of the
publication of such deed.
(2) The registrar shall make an entry of such notice at the foot
or in the margin of the judgment and shall, on request, deliver to
the notary a certificate that the notice has been given.
How executive acts 
may be impugned. 
Appeal from 
decree. 
Added by: 
XXIV. 1995.140. 
Amended by: 
IV.1996.5.
283A.  (1) Without prejudice to any other right under this or any
other law, the person against whom an executive act has been
issued, may, make an application to the court issuing the executive
act praying that the executive act be revoked, either totally or
partially for any reason valid at law.
(2) The court shall appoint the application referred to in sub-
article (1) for hearing, and shall hear the same within six days from
the filing of the said application.
(3) A copy of the application shall be served on the person at
whose request the executive act was issued who may not later than
the day fixed for the hearing of the application state the reasons, if
any, why such request should not be acceded to. In default of such
  74        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
opposition the court shall accede to the request.
(4) After hearing the parties, the court shall by a separate
decree given in open court, either reject the application or accede to
the request in the application under such conditions as it may deem
fit to impose.
(5) An appeal from a decree delivered under sub-article (4)
may be entered by application within six days from the date on
which the decree is read out in open court.
(6) The security referred to in article 249 shall not be required
in the cases referred to in the previous sub-article.
Sub-title I
O F THE  W ARRANT OF  S EIZURE OF  M OVABLE  P ROPERTY
Warrant of seizure.  
Amended by: 
IX.1886.64.
284.  The warrant for the seizure of movable property shall,
besides the particulars stated in article 276, contain an order to the
marshal to seize from the possession of the debtor, property equal
in value to the sum claimed by the creditor, or to seize the thing
mentioned in the title by virtue of which the execution takes place.
Description of 
property seized. 
Weighing, 
measuring and 
gauging of 
merchandise.
285.  The marshal shall describe in detail at the foot of the
warrant the property seized and, where such property includes any
merchandise, he shall cause such merchandise to be weighed,
measured or gauged, according to the nature thereof.
Seizure of money, 
etc. 
Amended by: 
IX. 1886.65; 
XXXI. 1934.39: 
VIII. 1990.3.
286. (1) Where money or securities for money, jewellery, or
articles of precious metal are seized, the marshal shall accurately
state the amount or nominal value or weight thereof, and he shall
within twenty-four hours take the same to the registry and lodge
them therein by means of a schedule.
(2) Where, in the execution of any warrant of seizure issued by
the Court of Magistrates (Malta) or by the Court of Magistrates
(Gozo) in its inferior jurisdiction, money is delivered to the
marshal to be unconditionally withdrawn by the creditor, it shall be
lawful for the marshal to pay to the creditor the amount so
delivered within twenty-four hours of such delivery against a
receipt to be attached to the warrant.
Seizure of papers. 287.  Where papers are seized, the marshal shall seal them and
shall deliver them to the registrar. The seals may not be removed
except by the authority of the court.
Seizure of 
unplucked or uncut 
fruits. 
288.  It shall be lawful to seize unplucked fruits or fruits not yet
separated from the ground, provided the seizure takes place within
the six weeks preceding the usual time of their maturity.
Contents of 
certificate of 
execution in case 
of seizure of 
unplucked or uncut 
fruits.
289.  Where unplucked fruits or fruits not yet separated from the
ground are seized as provided in the last preceding article, the
certificate of execution of the warrant shall state the locality of the
fields or gardens and the nature of the fruits.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             75
Seizure of movable 
property possessed 
in common with 
others.
290.  It shall be lawful to seize movable property which is
possessed in common by the debtor and a third party, but such
property may not be sold until after the partition thereof.
Consignatory.
willing forthwith to take charge of the property seized, the marshal
shall appoint such person as a consignatary.
Appointment of 
consignatary by 
marshal 
Substituted by: 
XXIV. 1995.141.
292. (1) If the debtor fails to present a consignatary
acknowledged to be suitable and not excepted under article 293, a
consignatary shall be appointed by the marshal at the provisional
expense of the creditor.
(2) If no consignatary is found, the marshal shall report the
matter to the court and the court may, after hearing the creditor if
necessary, order the marshal to take possession of the property
seized and to deposit it under the authority of the court by means of
a lodgement schedule at the provisional expense of the creditor and
the registrar shall also ensure that such property where possible, is
kept insured against damage and theft at the provisional expense of
the creditor. The initial period of insurance shall be for a period of
one year.
(3) The court may at any time on a request by application of the
creditor, debtor, or any other interested party give such orders as it
may deem necessary concerning the consignatary, including his
substitution, and may give such other directives it deems necessary
for the better safekeeping of the goods seized.
Persons who may 
not act as 
consignatary. 
Amended by: 
XLVI. 1973.108.
293. It shall not be lawful to appoint as consignatary -
( a ) the execution creditor;
( b ) the husband or wife of the debtor or of the creditor; 
( c ) the father, mother, brother, sister, uncle, aunt, father-
in-law, mother-in-law, son-in-law or daughter-in-law
of the creditor;
( d ) a servant of the creditor;
( e ) any alien not having his domicile in Malta; or
( f ) without the consent of the creditor, any person who
claims to be the owner of the property seized.
Consignatary to 
sign or mark 
certificate of 
execution.
294.  Where a consignatary has been appointed, he shall, in the
presence of two witnesses, sign or, if unable to write, mark by his
own hand the certificate of execution of the warrant.
Contents of 
certificate in case 
of unsuccessful 
execution.
295.  If the marshal finds no movable property, or finds only
such property as is not liable to seizure, he shall make a certificate
to that effect, stating therein the nature of the movable property, if
any, not liable to seizure.
Service of copy of 
certificate of 
execution in 
debtor.
296.  The marshal shall forthwith deliver to the debtor a copy of
the certificate signed or marked by the same persons who had
signed or marked the original and the fact of such delivery shall be
mentioned in the certificate itself. If, owing to the absence of the
debtor or for any other cause, the marshal is unable to make such
delivery, he shall state the fact in his certificate.
  76        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Duty of 
consignatary as to 
unplucked or uncut 
fruits.
297.   Where unplucked or uncut fruits are seized, the
consignatary shall be bound not only to take care of such fruits
until they are gathered, but also to cause such fruits to be gathered
as soon as they shall become ripe and afterwards to keep them in
his custody.
Consignatory not 
to make use of 
property seized. 
Substituted by: 
XXIV.1995.142.
298. (1) The consignatary shall not make use of the property
seized, nor shall he allow the debtor to use or remain in possession
of the property seized nor shall he give out such property on hire or
loan, under pain of forfeiting any expense incurred in connection
with the custody of such property and of being condemned to the
payment of damages and interest:
Provided that the debtor may be allowed to use or maintain in
possession of such items of the property seized as the court may
authorise if it considers that such items are normally required by an
average household for decent living to maintain the human dignity
of the debtor and his family.
(2) Where the property seized is of a perishable nature, the
court may of its own motion or at the request of any person, order
the consignatary to sell the perishable goods under such conditions
as the court may determine and the proceeds thereof shall be
deposited by the consignatary by means of a lodgement schedule in
the registry of the competent court and such proceeds shall to all
intents and purposes of law represent the seized goods.
Rent, etc., of 
property seized to 
be accounted for.
299.  If the property seized yields any rent, profit or interest, the
consignatary is bound to give an account thereof.
Standard of 
diligence required 
of consignatary in 
respect of property 
seized.  
Amended by: 
XXIV. 1995.143.
300.   The consignatary is bound to exercise for the safe keeping
of the property seized, such care as is exercised by a  bonus
paterfamilias ; if the consignatary fails to present such property
when called upon to do so, the court may order him to appear
before it to explain his failure to do so and the court, after
examining the circumstances of the case, may issue such orders
including the consignatary’s personal arrest, to compel him to
present such property. The consignatary’s failure to present such
property when ordered by the court shall of itself constitute
contempt of court.
Wages to 
consignatary. 
Amended by: 
IX. 1886.66.
301.  The person suing out execution shall pay to the
consignatary such wages as shall be taxed by the registrar, saving
his right of reimbursement against the debtor, where such
reimbursement is admissible.
Other creditors 
may not oppose 
execution.
302.   The creditor of any person, whose property has been
seized, may not, for any cause whatsoever, make any opposition to
the execution of the warrant:
Provided that it shall be lawful for such creditor to enforce his
claim on the proceeds of the sale of the property seized.
Identification of 
property already 
seized.
303. (1) If the marshal in executing a warrant of seizure finds
that execution of another warrant has already taken place and that a
consignatary has been appointed, he shall not carry out a fresh
seizure of the property already seized, but may proceed to identify
the property so seized which the consignatary is bound to present to
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             77
him.
(2) The marshal may only seize such property as shall not have
been seized in execution of the first warrant and appoint a
consignatary in respect thereof.
(3) The marshal shall moreover draw up a certificate of any
such identification as aforesaid which shall have the effect of a
garnishee order attaching the property in the hands of the
consignatary.
Property not 
subject to seizure. 
Amended by:
XI. 1859.15,16; 
XV.1913.81; 
XXVII. 1970.186; 
L.N. 148 of 1975; 
XI. 1977.2; 
XIII. 1983.5; 
XXIV. 1995.144.
304. The property hereunder mentioned is not subject to seizure: 
( a ) such clothes for daily wear, bedding and such utensils
and furniture as are considered reasonably necessary
for the decent living of the debtor and his family;
( b ) books relating to the profession of the debtor or of his
children;
( c ) the registers and minute-books of notaries public;
( d ) tools and implements necessary for the instruction in
or the exercise of any science or art or the debtor or of
his children;
( e ) animals and tools required for agriculture;
( f ) vessels wholly chartered in the service of the
Government of Malta;
( g ) any property of any member of the Police Force or of
the Armed Forces of Malta being arms, ammunition,
equipment, instruments or clothing used by him in the
discharge of his duties:
Exceptions.
( a )   to   ( f ) may be seized -
(i) if the execution is demanded in respect of the
price of such property;
(ii) if the execution is demanded in respect of rent or
ground-rent of the tenement in which such
property is kept;
(iii) if the debtor has no other property and the court,
upon the application of the creditor, shall deem
it just to order the seizure of such property.
Sub-Title II
O F  J UDICIAL  S ALES BY  A UCTION
Form of demand 
for judicial sale by 
auction. 
Amended by: 
IX. 1886.67; 
XV. 1913.82; 
XI. 1984.2; 
VIII. 1990.3; 
XXIV. 1995.145.
305. (1) The demand for the sale by auction is made by an
application, unless it is made simultaneously with the demand for
the judicial recognition of the claim.
(2) The application shall contain a description of the property
of which the sale by auction is demanded:
Provided that if the demand is for the sale of a going concern, the
court may accede to such a demand stating in detail in the decree
that it considers it in the best interest of the debtor and the creditor
  78        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
to accede to such a demand.
(3) In the inferior courts, other than the Court of Magistrates
(Gozo) in its superior jurisdiction, the demand may be made orally.
(4) In the event of a decree as provided in the proviso to sub-
article (2) the procedure to be followed shall be that laid down in
this Sub-title for the judicial sale by auction of immovable
property.
(5) For the purpose of this Sub-title the term "going concern"
shall mean a firm which is still doing business and shall also mean
such part of the estate of the debtor which is used or operative in a
unified and complimentary manner, so that the sale of part or parts
thereof without the other part or parts will render the assets sold, of
lesser use or value to a purchaser and shall include all corporeal
assets such as consumables, machinery, equipment and stock, but
excluding all incorporeal assets other than intellectual property
rights, and such other rights as may be determined by the court. 
Appointment of 
appraiser. 
Amended by:
IX. 1886.68;
XV. 1913.83; 
XXXI. 1934.40. 
306. (1) Where an appraisement is necessary or if a request to
that effect is made in the application, the court shall, in the decree
ordering the sale by auction, appoint a referee, and, in the case of
sale of immovable property, it shall appoint a day on which the
referee shall inspect such property.
Service of decree 
on debtor. Decree 
for sale of 
immovable 
property to be 
registered in Public 
Registry.
(2) The decree shall be served on the debtor, and, in the case of
sale of immovable property or of rights annexed to such property,
such decree shall, upon a notice in writing to be given by the
registrar to the Director of the Public Registry, within twenty-four
hours from the date of the decree, be registered in a book kept for
the purpose at the Public Registry, showing the date of such
registration.
Judgment ordering 
sale of immovable 
property to be 
registered in Public 
Registry. 
(3) Where a sale by auction of immovable property, or of rights
annexed to immovable property is ordered by a judgment of the
court, the registration mentioned in sub-article (2) shall be made by
the Director of the Public Registry, upon a notice in writing to be
given to him by the registrar, within twenty-four hours from the
date of the delivery of such judgment.
Book of 
registrations open 
to inspection.
(4) The said book shall be accessible to the public. 
Valuation of 
property to be sold 
by auction. 
Amended by: 
IV.1994.2; 
XI. 1984.3; 
XXIV. 1995.146.
307. (1) Immovable property or rights annexed to such
property, or movable property consisting of gold or silver articles,
pearls or precious stones, shall always be appraised before the sale
thereof by auction.
(2) With regard to other movable property, an appraisement
shall only be made if required by the creditor or by the debtor. 
(3) The demand for the appraisement may be made, even
orally, at any time up to the issue of the advertisement of the sale
by auction.
(4) An appraisal made in conformity with the provisions of
article 310(1) and existing in the records of a sale by auction may
be accepted by the court to be the appraisement for the purpose of
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             79
this article.
Referee to be 
appointed by court, 
unless agreed on 
by parties. 
Amended by: 
XXIV. 1995.147.
308. (1) The referee shall be appointed by the court  ex officio ,
unless the parties shall file a note submitting the name of a referee
agreed on between them.
Court may appoint 
more referees. 
(2) It shall be lawful for the court, according to circumstances,
to appoint more than one referee.
Appraisement not 
subject to 
impugnment. 
(3) The appraisement may not be impugned, but it shall be
lawful for the court, on proceedings to be taken by application, to
order any mistake in the appraisement to be amended.
Appraisement of 
gold or silver 
articles to show 
intrinsic value, etc.
309.  In any appraisement of gold or silver articles, the referee
shall state separately the intrinsic value thereof and the cost of
manufacture, as well as the total.
Valuation of 
immovable 
property to contain 
description of 
property, etc. 
Amended by: 
XXXI. 1934.41; 
XXIV. 1995.148.
310. (1) In the valuation of immovable property, the referees
shall include a description of the property stating the burdens,
leases and other rights whether real or personal, if any, to which the
property is subject, as well as the last transfer of such property
according to the information obtained from the creditor or the
debtor.
Debtor may be 
compelled to give 
information 
required for the 
purposes of the 
valuation.
(2) It shall be lawful, at the written or verbal request of the
referee or the creditor, to compel the debtor to confirm on oath, to
be administered by the court or the registrar, the information given
to or required by the referee.
Debtor to be called 
upon by letter from 
registrar.
(3) The debtor shall be called upon to give the above
information by means of a letter from the registrar.
Applicability to 
debtor of 
provisions relating 
to witnesses. 
(4) The provisions relating to witnesses shall apply to any
debtor called upon as aforesaid.
Valuation or 
appraisement to be 
sworn by referee. 
Amended by: 
X.1856.5; 
VI.1880.23; 
VIII.1990.3; 
XXIV.1995.149.
311. (1) The report containing the valuation or appraisement
shall be filed by the referee within the time allowed in the decree of
the court according to circumstances, and by him sworn in the
presence of the registrar.
(2) Where a sale by auction of immovable property or of rights
annexed to immovable property situated in the Island of Gozo or of
Comino, is ordered by any of the superior courts, it shall be lawful
for such court to order the referee to swear his report at the Court of
Magistrates (Gozo) in the presence of any of the officers mentioned
in article 57(2)( a )   to   ( c ), and to deliver the said report, so sworn, to
the said officer, to be by him transmitted to the superior court
which made the aforesaid order.
(3) When a sale by auction of immovable property or of rights
annexed to immovable property situate in the Island of Malta, is
ordered by the Court of Magistrates (Gozo) it shall be lawful for
such court to order the referee to swear his report in the presence of
the registrar and to deliver the said report, so sworn, to the said
registrar, to be by him transmitted to the Court of Magistrates
  80        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
(Gozo).
Taxation and 
payment of 
referee’s fee.
(4) The fee payable to the referee shall be taxed by the
registrar, subject to appeal to the court. Such appeal shall be made
by application. Such fee shall always be paid by the creditor,
saving his right against the debtor for the reimbursement of such
fee together with the other expenses of the sale.
Appointment of 
day of sale by 
auction. Issue of 
advertisements. 
Amended by: 
IX. 1886.69; 
XXIV. 1995.150 .
312. (1) After the lapse of two days from the service of the
decree ordering the sale by auction, or from the filing of the report
of the referee, the court shall appoint one or more days for the sale
by auction, and order the issue of advertisements.
Service of decree 
appointing day of 
sale on 
consignatary.
(2) The decree appointing the days for the sale by auction shall
also be served on the consignatary, if any.
Form of 
advertisement of 
sale by auction. 
Amended by: 
XXIV. 1995.151.
313. (1) The advertisement shall be signed by the registrar and
shall state the date of the judgment or decree ordering the sale by
auction, the nature of the thing to be sold with the relevant details
thereof, the place of the sale and the day and hour in which the
auction is to begin and to end.
(2) Where a valuation has been made, the estimated value shall
be stated in the advertisement.
Service and 
publication of 
advertisement of 
sale by auction. 
Substituted by: 
XXIV. 1995.152.
Amended by:   
IV.1996.6.
314. (1) The advertisement shall be served by the marshal on
the debtor, the execution creditor, and all other creditors who may
have obtained a warrant of seizure of the article sold, or of a
garnishee order duly served on the registrar.
(2) ( a ) The court shall order such advertisement to be
published in the Gazette.
( b ) The court shall also order such advertisement to be
published in one or more daily newspapers in the case of:
(i immovable property; or
(ii) rights annexed to immovable property; or
(iii) movable property consisting of gold or silver
articles, pearls, precious stones or other
movables, the value of which exceeds five
hundred liri; or
(iv) a going concern, or
(v) ships or other vessels; or
(vi) aircraft; or
Cap. 345.
(vii) securities listed in a recognised exchange under
the Financial Markets Act; or 
(viii) insurance policies; or
(ix)  any other object other than the above where the
court deems it expedient so to do.
(3) The publication of the advertisement shall unless the court
otherwise directs, take place, as regards the sale of immovable
property or of ships or other vessels, or aircraft, at least fifteen days
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             81
before the day appointed for the sale by auction, and as regards
other movable property at least four days before the date appointed
for the sale.
Certificate of 
service and 
publication.
315.  The marshal shall draw up a certificate of the service and
publication on the original advertisement.
Place and time of 
sale by auction. 
Amended by: 
XIII. 1925.3; 
XXXI. 1934.42; 
L.N. 4 of 1963; 
XXXI. 1966.2; 
XXIV. 1995.153.
316. (1) Subject to the provisions of this article, the auction
shall be held in public either -
( a ) in the building of the courts of justice; or
( b ) in any other building provided by the Minister
responsible for justice for the purpose of such auctions
and at such time as may be determined by the court:
Provided that the court shall have the power for just cause to
order that an auction shall be held at any place and at any time, due
notice of such place and time being given in the advertisement.
(2) In the case of sacred vestments and vessels, the auction
shall not be held in public but the court shall give such directions as
it may deem proper for their disposal in the manner most
advantageous to the interested parties with due respect to the sacred
nature of the object to be sold by auction.
Cap. 345.
(3) In the case of a judicial sale by auction of listed securities
in a recognised exchange, the auction shall be held by a licensed
stockbroker according to the provisions of article 9 of the Financial
Markets Act.
Removal of 
movable property 
to place of sale.
317.  The marshal shall cause the movable property to be
removed to the place of sale where it shall be exposed to public
view at least two hours before the auction begins.
Sale by auction in 
gross, in lots, or 
under separate 
items. 
Amended by: 
XI. 1984.4; 
XXIV. 1995.154.
318.  Subject to the provisions of article 305, property may be
sold by auction in gross, or in separate lots, or under separate
items, as the court shall direct, regard being had to the
circumstances of the case.
Opening of sale by 
auction.  
Amended by: 
IX. 1886.70; 
XV. 1913.84. 
Substituted by: 
XXIV. 1995.155.
319. (1) The auction shall be conducted by the registrar or the
auctioneer or broker appointed by the court to conduct the auction. 
(2) Bids are made orally. Each bid shall be announced at least
three times, unless a higher bid is previously made. The highest
bidder, within the time stated in the advertisement, shall be the
purchaser.
(3) The auctioneer or broker shall be entitled to a fee to be
taxed by the registrar according to law.
Bids  pro persona 
nominanda  etc., 
not to be accepted. 
Amended by: 
XI.1984.5; 
XXIV. 1995.156.
320.    No bid  pro persona nominanda  shall be accepted in any
auction. Nor shall any bid be accepted where it is made by any
person whom the registrar or marshal does not consider suitable,
unless such suitability be vouched for to the registrar or marshal by
some person whom the registrar or marshal considers trustworthy.
Bids subject to the 
issue of edicts.
321.   Repealed by: XXIV. 1995.157. 
  82        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Binding force of 
bids. 
Amended by: 
XI.1859.17; 
IX.1886.71;
Xl. 1977.2; 
XIII. 1983.5; 
XXIV. 1995.158.
322. (1) A bid shall cease to be binding as soon as a higher bid
is accepted, although such higher bid might subsequently be
declared void.
(2) A higher bid shall be binding, provided the adjudication be
made, in the case of immovable property or of rights annexed to
such property, within one month, in the case of merchandise within
two days; and in the case of other movable property, including
ships, within seven days, from the day on which the bid is made.
(3) No bids shall be accepted subject to the condition of the
issue of edicts.
Duration of 
auction.
323.  An auction of immovable property or of rights annexed to
such property, or of ships, shall last at least two hours:
Provided that the sale of divers things severally may be held
during the same time.
Adjudication not to 
be made on day of 
sale in certain 
cases. 
Amended by. 
IV. 1984.3; 
XXIV. 1995.159.
324. The adjudication shall not be made on the day of the
auction - 
( a ) if there be less than three bidders;
( b ) if, in an auction of immovable property or of rights
annexed to such property, there has been no bid
exceeding one moiety of the estimated value;
( c ) if, in an auction of gold or silver articles, there has
been no bid amounting to the intrinsic value thereof: 
Provided that the provisions of paragraph ( a ) shall not apply to
the sale of movable property not being ships or other vessels,
aircraft, gold or silver articles, shares or insurance policies.
Appointment of 
another day for 
continuation of 
sale. Adjudication 
to be made on such 
other day. 
Saving. 
Amended by:
IX. 1886.72. 
Substituted by: 
XXIV. 1995.160.
325. (1) In the cases referred to in the last preceding article,
the registrar shall by means of a note inform the court that the
adjudication has not been made, indicating the reason therefor, and
the court shall appoint another day for the continuation of the
auction, and shall order the publication of a fresh advertisement
stating therein that the property to be sold by auction will be
adjudicated for any offer. The adjudication shall be made on the
day named in such advertisement, unless the court, upon the
demand of the creditor or any interested party other than the debtor,
shall, for just cause, grant another adjournment, at the expense of
the person making the demand, in which case a fresh advertisement
shall be published. Such adjudication shall be made subject to the
provision of article 327.
(2) When the auction does not take place for any reason other
than those mentioned in article 324, the procedure mentioned in
sub-article (1) shall  mutatis mutandis  apply.
(3) The provisions of article 314(2) and (3) shall apply in the
cases mentioned in sub-articles (1) and (2).
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             83
Suspension of 
auction or 
adjudication. 
Amended by: 
XV.1913.85; 
IV. 1984.4;
XXIV. 1995.161.
326. (1) The auction or adjudication shall in all cases be
suspended upon the demand of the debtor with the consent of the
creditor, or upon the demand of the creditor with the consent of the
debtor, and in such cases, as well as in the case where the
suspension is caused by any other lawful impediment, a fresh
advertisement shall be issued for the continuation of the auction.
(2) If the suspension of the auction is demanded by the debtor
or a third party, without the consent of the creditor, the demand
shall not be entertained, unless contemporaneously with the
demand a deposit is made with the registrar of a sum which in his
opinion is sufficient to cover the expense occasioned by the
suspension.
(3) Nor shall any demand for the suspension of an auction be
entertained if such demand is made, without the consent of the
creditor, less than six days before the day appointed for the auction,
unless the person making the demand shall declare on oath before
the registrar, that the reason for the suspension has arisen within
that time, or that he was not aware of such reason before that time.
(4) Any interested person may by application request the court
to revoke  contrario imperio  its decree authorising the suspension of
the auction or of the adjudication, and the court shall summarily
hear the parties before delivering its decree. Any such decree may
not be challenged in any court.
New bids within 
fifteen days of 
adjudication.  
Amended by: 
IX.1886.73; 
IV. 1984.5; 
XXIV. 1995.162;
IV.1996.7.
327. (1) In the case of any adjudication of immovable property
or of rights annexed to such property, it shall be lawful for any
person to make, within fifteen days of such adjudication, a higher
bid, and such as will comprise the cost necessary for putting up the
property for auction again:
Provided that the higher bid mentioned in this sub-article shall in
the case of an adjudication of an immovable be higher than three
per cent of the price of adjudication and in the case of a going
concern not be less than ten per cent of the price of adjudication.
Appointment of 
day for final 
adjudication.
(2) Where any such bid is made within the said time, the court
shall appoint a day for the final adjudication of the immovable
property, notice thereof being given to the debtor, the execution
creditor, the first purchaser and the new bidder. The court shall also
order the registrar to comply with the requirements set out in article
314(2) and to specify that the final adjudication is not taking place
as a higher bid has been made within fifteen days from the
adjudication in terms of sub-article (1), and shall indicate the day
appointed for the final adjudication.
Payment into court 
of purchase 
money. 
Amended by: 
XXIV. 1995.163. 
328.  The purchaser shall pay the price into court within seven
days from the date of the final adjudication, in the case of sale of
immovable property or of rights annexed to such property, or of
ships; and, within twenty-four hours of the adjudication, in the case
of other movable property.
Defaulting 
purchaser liable to 
personal arrest.
329. (1) In default of such payment into court, the purchaser
shall, upon the demand by writ of summons of the party at whose
suit or against whom the execution was granted, be liable to
  84        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
personal arrest.
Fresh sale by 
auction at the 
expense and risk of 
defaulting 
purchaser.
(2) Moreover, in such case, the property adjudicated may, upon
a demand by means of an application made by the party at whose
suit or against whom the execution was granted, be again put up for
auction at the expense of the purchaser; in which case, if the bids
be lower, such purchaser shall be responsible for the difference;
and if the bids be higher, the difference shall go in favour of the
debtor, saving any right thereon of the execution creditor.
Decree to be 
served on 
purchaser.
(3) The decree made on the said application shall be served on
the purchaser.
Lodging of 
purchase money of 
movable property.
330.  The purchase money of movable property sold by auction
may be deposited by the purchaser with the registrar, who shall
within twenty-four hours lodge it into court by means of a
lodgment schedule.
Delivery of 
immovable or 
movable property 
to purchaser. 
Amended by: 
IX. 1886.74; 
XXIV. 1995.164.
331. (1) The delivery of immovable property or of rights
annexed to such property takes place  ipso jure  on the final
adjudication and upon the payment of the price into court or the
approval of the set-off.
(2) The delivery of movable property takes place upon the
handing over of the thing and the deposit of the price or the
approval of the set-off.
(3) In the case of ships or other vessels or aircraft, the court
may make such orders, as it may deem fit, to ensure that the
property adjudicated be delivered to the purchaser forthwith, upon
the purchaser giving such security as the court may determine to
safeguard the claims of the parties. Such orders may also be made
in other cases in which the court considers that delay in the delivery
of the property can cause serious prejudice to the purchaser. An
order made under this sub-article shall not be challenged in any
way and shall be implemented forthwith.
No payment into 
court is necessary 
on adjudication 
upon a bid  animo 
compensandi. 
Amended by:
II. 1940.5.
332.  Saving the provisions of article 337(1) and (2), the
purchaser is not bound to pay the money into court if by leave of
court previously obtained he shall have made his bid  animo
compensandi.
Leave to bid  animo 
compensandi.
333. (1) Any person to whom a liquidated debt is owing under
any judgment or deed or other obligatory writing, may, by an
application, apply to the court for leave to bid  animo compensandi.
Time for 
application.
(2) Such application shall be made at least two days before the
day appointed for the auction.
Conditional leave 
to bid  animo 
compensandi.
334. (1) Where the application for leave to bid  animo
compensandi  is made by any person other than the execution
creditor, leave shall not be given except on condition that the
bidder shall, previously to the auction, bind himself to pay the price
into court, in case it shall be so adjudged by the court.
(2) Such condition shall also be imposed upon the execution
creditor, if there is any opposition to his bidding  animo
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             85
compensandi.
Opposition to bids 
animo 
compensandi. 
Amended by: 
XXIV. 1995.165.
335. (1) Any person interested may enter an opposition to an
application for leave to bid  animo compensandi.
Form of 
opposition.
(2) Such opposition is entered by a note filed in the registry
and inserted in the record of the auction proceedings.
Implied 
opposition.
(3) Any warrant for the seizure of property put up for sale by
auction and any garnishee order in respect of such property or of
the future proceeds thereof, and any warrant of impediment of
departure of the ship or other vessel put up for sale shall have the
same effect as a formal opposition.
Conditional leave 
to several creditors 
to bid  animo 
compensandi.
336.  If several creditors apply for leave to bid  animo
compensandi , it shall be lawful for the court to grant such leave to
all the applicants including the execution creditor, under the
condition stated in article 334.
Demand for 
approval of set-off. 
Payment into court 
of surplus of price, 
if any. 
337. (1) A purchaser  animo compensandi  shall, within the
times stated in article 328, demand the approval of the proposed
set-off, and shall pay into court the surplus of the price where such
price exceeds the amount of the debt and costs, producing the
necessary vouchers.
Payment into court 
of costs incurred 
by execution 
creditor.
(2) If the purchaser be a person other than the execution
creditor, he shall likewise pay into court the amount of the costs
incurred by such execution creditor in respect of the judicial
recognition of his claim and in respect of the auction proceedings.
Recovery of costs 
by execution 
creditor.
(3) The execution creditor shall recover the costs of the auction
proceedings unconditionally, and shall recover the costs of the
judicial recognition of his claim, upon entering into a bond with
sufficient surety to restore the amount thereof to the purchaser in
the event of eviction of the immovable property adjudicated.
Application for 
approval of set-off. 
Service of 
application. 
Amended by: 
XXIV. 1995.166
338. (1) The demand for the approval of a set-off shall be
made by an application which shall be served on the debtor and on
any other person who shall have entered an opposition, or sued out
any warrant of seizure or garnishee order or impediment of
departure, as provided in article 335.
Time for answer.
days to file an answer stating in detail the reasons for their
opposition and the amounts in contestation; and where such
opposition is based on a claim against the proceeds of sale an
alleged cause of preference, they are to state the amount of such
claim and the basis for the preference. Such persons shall with the
answer file all relevant evidence to substantiate their opposition.
Where opposition 
is made.
(3) In the event of an answer opposing the demand for approval
made in accordance with subarticle (2), the court shall allow the
applicant three days to file a reply together with any evidence to
rebut the opposition, and after summarily hearing the parties, shall
make such orders as it considers fit in the circumstances. 
(4) The court may approve the set- off subject to the condition
  86        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
that adequate security be provided by the applicant to secure the
claims of all persons who until such date have made opposition in
accordance with subarticle (2):
Provided that the court may, at any time, dispense the applicant
from providing the aforesaid security or release or reduce such
security as may have been provided if it deems that the claim or
opposition made is in whole or in part frivolous or vexatious:
Provided further that in the event that the applicant has already
provided security in accordance with article 331(3), the court may
order such security to be maintained or reduced as it may deem
appropriate.
(5) The court may at any time order the opposing party or
parties to provide adequate security in such amount and within such
time as may be determined by the court in order to secure any
claims the applicant may have against such opposing party for any
damages caused through such opposition. In case such security is
not provided, the court shall make such orders as it deems fit
including an order that any security already provided by applicant
be released in whole or in part.
(6) Where security have been provided in accordance with this
article or in accordance with article 331(3), then any interested
party may commence proceedings in accordance with the procedure
laid down in article 416 for the final determination of any issues
relative to such security.
(7) Any orders made by the court in accordance with this
article, other than any determination under sub-article (6), shall be
final and may not be challenged in any way and shall be
implemented forthwith.
Condition which 
may be imposed by 
court on approval 
of set-off.
339.  It shall be lawful for the court, in approving the set-off, to
require the purchaser to give sufficient security to pay into court
the price together with interest, in case it shall be so adjudged.
Effect of approval 
or disallowance of 
set-off. 
Amended by: 
IX. 1886.75; 
XXIV. 1995.167.
340. (1) If the set-off be not approved, the provisions of article
329(2) and (3) shall apply:
Provided that any person who has made a bid  animo
compensandi  under the condition specified in article 334 shall,
within six days from the date on which he is served with the court
order rejecting his application for the set-off, pay the price in the
registry of the court in which case the provisions of this article
shall not apply. In the event that such party fails to pay the price
within such time limit, article 329 shall apply:
Provided further that in the event that the property adjudicated is
transferred and delivered to the purchaser in terms of article 331(3)
the provisions of this article shall not apply and the provisions of
article 338(6) shall apply to the security ordered to be provided by
the court.
(2) If the set-off be approved unconditionally, the purchaser
shall be entitled to the formal transfer and delivery of the movable
property adjudicated or, in the event that the property had already
been delivered under article 331(3), the purchaser shall be entitled
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             87
to the release of any security made by him.
Execution creditor, 
etc., may demand 
fresh executions in 
case of deficiency 
of proceeds.
341.  If the proceeds of the sale by auction be not sufficient to
meet the claims of the execution creditor and of the persons suing
out a garnishee order, as well as the costs, fresh executions may be
allowed upon the demand of any of them.
Restoration of 
balance of deposit 
to debtor.
342.  If it appears from a report of the registrar that, after
payment of the claims of the creditors and of the costs, there still
remains a balance, the court shall, upon the demand of the debtor,
order such balance to be restored to him.
Discontinuance of 
sale by auction and 
restoration of 
unsold property to 
debtor.
343.  If it appears from a report of the registrar that a sufficient
sum to meet the debts and the costs of the auction has been
obtained, the court shall order the auction to be discontinued and
the unsold property to be restored to the debtor.
Withdrawal of 
amount of claim 
and taxed costs by 
execution creditor.
344.  The amount of the debt due to the execution creditor
together with his taxed costs shall, upon his demand, be paid to him
out of the proceeds lodged into court, provided there be no lawful
impediment.
Sale of unplucked 
or uncut fruits or of 
perishable articles.
345. (1) In the case of seizure of unplucked or uncut fruits
which are about to become ripe before the expiration of the time
fixed for the auction, it shall be lawful for the court, upon the
demand of the parties or the consignatary, to order such fruits to be
sold in such manner as the court shall deem proper.
(2) The provisions of sub-article (1) shall also apply in the case
of seizure of merchandise or other articles which are in a state of
progressive deterioration.
(3) It shall moreover be lawful for the court, in the cases
referred to in this article, to order the sale to be effected forthwith
by the consignatary or by a licensed auctioneer or a public broker.
Right of other 
creditor to continue 
auction. 
Substituted by: 
XXIV. 1995.168.
346. (1) Any other creditor may by a note to be served on the
execution creditor and the debtor join in the auction proceedings as
an addition execution creditor and such additional execution
creditor shall have the same rights and obligations as the original
execution creditor.
(2) Any execution creditor can continue the auction
proceedings independently of the withdrawal by, or the death of
any other execution creditor.
Procès-verbal  of 
sale by auction. 
347. (1) The registrar shall draw up a  procès-verbal ,
specifically stating therein the day and hour of the auction, the
nature of the property put up for auction, the name, surname and
place of abode of the highest bidder and of the next highest bidder,
and other incidental particulars. 
(2) Such  procès-verbal  shall be drawn up by the marshal, if the
sale by auction does not take place in the building in which the
court sits.
  88        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Procedure in 
auctions of 
merchandise or 
other property. 
Amended by: 
XV. 1913.86;
VIII. 1990.3; 
XXIV. 1995.169.  
Cap. 345.
348. (1) A sale by auction of merchandise or other movable
property, not being securities listed on a recognised exchange
under the Financial Markets Act, under the authority of the Civil
Court, First Hall, or of the Court of Magistrates (Gozo) in its
superior jurisdiction, or of the Court of Appeal, shall be carried out
by a licensed auctioneer in the presence of the marshal.
(2) In any such sale, the advertisements shall be signed by the
auctioneer; and the proceeds may be paid to the marshal who shall,
within twenty-four hours, lodge such proceeds in court by means of
a lodgment schedule.
Persons who may 
not bid in auctions. 
Amended by: 
XV. 1913.87; 
XXIV 1995.170.
349.  It shall not be lawful for any judge, magistrate, registrar,
marshal or licensed auctioneer or broker to bid, either directly or
indirectly, in an auction in which he is concerned by reason of his
office. Nevertheless, if any of them desires to bid, another person
shall be surrogated by the competent authority in his stead.
Expulsion of 
debtor from place 
of sale if he hinders 
proceedings.
350.   The debtor shall, upon an order of the registrar or marshal,
be expelled from the place where the auction is held, if he attempts
to hinder the proceedings or to dissuade bidders.
Consequences of 
suspension of sale 
for over one year. 
Amended by: 
IX. 1886.76.
351. (1) If the creditor leaves the auction suspended for more
than one year, all the acts thereof shall become void.
(2) In all cases, the effects of the decree by which a sale by
auction of immovable property or of rights annexed to such
property is ordered, shall cease in regard to third parties on the
expiration of one year from the date of the registration required
under article 306, unless such registration shall have been renewed
within that time, on the demand of the execution creditor.
Disposal of 
immovable 
property, etc., by 
debtor within a 
year from 
registration of 
order of sale to be 
null.
Amended by:
IX. 1886.77; 
XV. 1913.88; 
XXIV. 1995.171.
352. (1) Any disposal of immovable property or of rights
annexed to such property made by the debtor within a year to be
reckoned from the date of the original or renewed registration of
the judgment or decree by which the sale by auction of such
property or rights was ordered, shall be null in regard to the person
at whose suit the judgment or decree was obtained.
Lease of property 
likewise void.
(2) In regard to such person, any lease or other disposal of the
enjoyment of such property or rights and any diminution or
restrictions of the enjoyment of such property or rights made by the
debtor within the said year without the authority of the court by
which the judgment or decree was delivered shall also be null.
Lodging of fruits 
collected by 
debtor.
(3) If, pending the auction proceedings, the debtor remains in
possession of such property, he may be compelled to lodge into
court the fruits actually collected or which might have been
collected.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             89
Substitution of 
movable for 
immovable 
property put up for 
sale. 
Amended by: 
IV. 1862.10.
353. (1) If the debtor offers for auction movable property
sufficient to meet the claim of the creditor without any obstacle or
difficulty, the auction of the immovable property shall be
suspended.
Substitution of 
other immovable 
property for the 
immovable 
property put up for 
sale.
(2) The auction of the immovable property stated by the
creditor shall likewise be suspended, if the debtor offers other
immovable property sufficient to meet the claim of the creditor
without any obstacle or difficulty.
Judicial sales by 
auction. 
Amended by: 
XV. 1913.89;
II. 1940.6; 
XXII. 1976.4; 
XIII. 1983.5; 
XII. 1985.11; 
VIII. 1990,3;
XXIV. 1995.172.
Substituted by:
XXXI. 2002.135.
354. Notwithstanding any other provisions of this Code, judicial
sales by auction shall be carried out under the authority of the Civil
Court, or the Court of Magistrates (Gozo) in its superior jurisdiction,
as the case may be, independently of the court which had delivered the
judgement the execution of which may be sought .
Jus redimendi. 
Amended by: 
IX.1886.78; 
IV.1961.12; 
IV. 1984.6. 
Substituted by: 
XXIV. 1995.173.
355. (1) The debtor shall have the right to repurchase his
immovable property sold by auction provided such right is
exercised within four months from the date of registration of the act
of adjudication in the Public Registry.
(2) For the purposes of sub-article (1) immovable property
shall also include a going concern.
Cap. 16.
(3) The right of repurchase shall be exercised by the filing of a
schedule of redemption, and a concurrent deposit as is provided
mutatis mutandis , in Sub-title VI of Title VI of Part II of Book
Second of the Civil Code.
Right of creditor to 
re-sell immovable 
property to be 
exercised within 
two years. 
Amended by: 
IX.1886.79; 
IV. 1984.7. 
Substituted by: 
XXIV. 1995.174.  
Cap. 16.
356. (1) The time period contemplated in article 2086 of the
Civil Code, in respect of property adjudicated in a judicial sale,
shall be of two years to commence to run from the date of
enrolment of the act of adjudication in the Public Registry.
(2) The said period of two years shall be reduced to four
months from the date of service by a judicial act of a copy of the act
of adjudication, or of a copy of the note of enrolment of the act of
adjudication in the Public Registry, and this in respect only of any
hypothecary or privileged creditor on whom such service is made.
(3) Where the judicial sale is of a going concern that includes
immovable property, the said period of two years shall be reduced
to four months to commence to run from the date of enrolment of
the act of adjudication in the Public Registry.
(4) Any action by the hypothecary or privileged creditor
against the third party in possession of an immovable acquired by
virtue of a judicial sale shall be barred if the protest mentioned in
sub-article (1) of article 2072 of the Civil Code, (calling upon the
debtor to discharge the debt and the third party in possession either
to discharge the debt or to surrender the property), is not filed
within the period of two years or four months mentioned in the
  90        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
preceding sub-articles of this article, or if the creditor fails to
demand judicially the sale of the immovable within six months
from the filing of the protest mentioned in article 2072(1) of the
Civil Code. Such action shall also be barred if the third party in
possession surrenders the property and the creditor fails to start
proceedings for the judicial sale within six months from the service
of a copy of the note of such surrender.
(5) Notwithstanding the provisions of article 2072(2) of the
Civil Code, the demand for the judicial sale of the immovable can
be made at any time after the expiration of sixty days from the date
of filing of the protest.
(6) The creditors whose action has been barred in terms of the
provisions of this article shall not have any right against the third
party in possession who had acquired the immovable as a result of
the new judicial sale under the said provisions; provided that such
creditors shall retain their ranking prior to sale.
(7) If before an adjudication or after an adjudication, the bidder
or purchaser, as the case may be, finds that the immovable property
is subject to any burdens, leases or other rights whether real or
personal, which have not been included in the valuation in terms of
article 310, the bidder or purchaser, as the case may be, shall have
the right in the former case to demand either to withdraw his bid or
to have his bid reduced, and in the latter case the purchaser shall
have the right to demand the rescission of the sale.
(8) Such demand for the rescission of the sale is to be made not
later than six months from the date of the adjudication by means of
an application to be served on the execution creditor and the debtor.
(9) The court shall allow the demand of the bidder or of the
purchaser; as the case may be, if it is satisfied that the omission in
the said valuation or in the said list was relevant so as to affect the
bid made by the purchaser.
Sub-Title III
Repealed by: 
XII. 1985.12.
O F THE  W ARRANT OF  I MPRISONMENT FOR  D EBT
 Articles 357 to 374 ,  both inclusive ,  were repealed by Act No. XII
of 1985.
Sub-title IV
O F THE  E XECUTIVE  G ARNISHEE  O RDER
Executive 
garnishee order. 
Amended by:
II. 1940.9.
375.  Where a creditor under a judgment or any other executive
title, in order to obtain the payment of a debt owing to him, desires
to attach in the hands of a third party moneys or movable property
due or belonging to his debtor, he may do so by means of a
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             91
garnishee order.
Contents of 
garnishee order. 
Added by: 
XII. 1924.3.
376. (1) The order shall state the amount or thing due as well
as the title under which the creditor sues out execution and shall
expressly enjoin the garnishee not to pay or deliver up to the
debtor, or any other person, such moneys or things as may be in his
hands, under penalty of payment of damages and interest.
(2) The creditor shall, in the application or verbal demand for
the issue of a garnishee order, correctly state the name and surname
of the debtor, the name of the debtor’s father or other particulars
concerning the debtor, to be also included in the order, for the
purpose of identification of the debtor by the garnishee.
Mode of executing 
garnishee order. 
Amended by: 
XXIV.1995.175.
377. (1) A garnishee order is executed by the delivery by the
marshal of a copy thereof to the garnishee.
(2) A copy of the order shall also be served on the debtor in the
same way as is provided under article 187, or if he is absent from
Malta, on his lawful representative.
Declaration by 
garnishee. Time 
for such 
declaration. 
Amended by: 
XI.1859.21; 
XV.1913.91; 
XXXI. 1934.44; 
XXIV. 1995.176.
378. (1) The garnishee shall, within four days, if he resides in
the Island where the court issuing the order sits, or otherwise
within six days, declare to the registrar of the said court, what
moneys or things, if any, belonging to the person against whom the
order is issued he holds in his possession, unless he shall have
already made such declaration to the execution officer at the time
of the execution of the order.
Consequences of 
default.
(2) The default of such declaration shall, unless the contrary is
made to appear, raise the presumption that the garnishee actually
has in his possession the moneys or things attached by the order:
Judicial intimation 
to garnishee.
Provided that the foregoing provisions of this article shall not
apply, unless the execution creditor shall, by means of a judicial
act, call upon the garnishee to make such declaration. The said
times shall run from the date of service of such judicial act.
Recording of 
declaration.
(3) If the declaration is made at the time of the execution of the
order, it shall be recorded by the execution officer in his certificate
of execution; and if made to the registrar, it shall be by him
recorded at the foot of the order.
Form of 
declaration.
(4) The declaration may be made by means of a judicial act
served on the execution creditor, or by means of a registered letter
addressed to the registrar and copied to the execution creditor. The
registrar is to attach the letter to the records of the judicial sale by
auction.
Garnishee may be 
enjoined to 
deposit. 
Amended by: 
XV. 1913.92; 
XXIV. 1995.177. 
379. (1) The garnishee may, upon the demand of the execution
creditor or debtor, be enjoined to lodge into court the moneys or
things attached by the order. Such demand may be made together
with the demand mentioned in the proviso to article 378(2).
Applicability of 
sub-article  ( 1 )  of 
article 275. 
(2) The provisions of article 275(1) shall apply to any such
demand.
  92        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Garnishee may 
deposit without 
any injunction. 
(3) The garnishee may also lodge into court the moneys or
things attached by the order if he is unwilling to continue to hold
such moneys or things in his possession.
Costs of lodging 
moneys.
(4) In the case of attachment of moneys, the garnishee may
before lodging such moneys in court retain the costs in respect of
such lodgment and, in the case of attachment of other movable
property, the garnishee shall have a privileged claim over the
property so lodged in respect of such costs.
Creditor and debtor 
to be notified of 
lodgment.
(5) In all cases, the execution creditor and the debtor shall be
notified of any such lodgment into court.
Form of injunction. 
Amended by: 
XV. 1913.93.
380. (1) The injunction referred to in the last preceding article
shall be by warrant of the court by which the garnishee order was
issued.
(2) Such warrant shall be prepared by the applicant according
to the prescribed form, and filed in the registry together with the
demand for the issue of same.
Property not 
subject to 
attachment. 
Amended by: 
XI.1859.22; 
XII.1924.4; 
XIII.1925.4; 
XX.1929.2; 
XXXVI.1938.2; 
II.1940.10;
XXI. 1969.17; 
XXVII. 1970.186; 
XI.1973.377; 
L.N. 148 of 1975; 
XXI. 1993.87; 
XXIV. 1995.178.  
Cap. 318.
381. (1) It shall not be lawful to issue a garnishee order upon -
( a ) any salary, or wages (including bonus, allowances,
overtime and other emoluments);
( b ) any benefit, pension, allowance or assistance
mentioned in the Social Security Act or other
allowance of any person pensioned by the
Government; 
( c ) any charitable grant made by the Government;
( d ) any bequest expressly made for the purpose of
maintenance, if the debtor has no other means of
subsistence and the debt itself is not due in respect of
maintenance;
( e ) any sum due for maintenance whether awarded officio
judicis, or by public deed if the debt itself is not due in
respect of maintenance;
( f ) upon any sum due by any civil or military department
of the public service for the price of works or supplies.
(2) In the case of any garnishee order affecting a prebendary
endowment, an ecclesiastical living or the income or dues deriving
from immovable property constituting the endowment of a sacred
patrimony, the court shall, on an action by the debtor by writ of
summons, assign to such debtor an adequate portion from the
amount attached, regard being had to all circumstances, and shall
maintain the order in force on the residue, for the benefit of the
creditor.
Exceptions. (3) Notwithstanding the foregoing provisions of this article, in
causes for maintenance, the court may, either in the judgment or in
a subsequent decree upon an application to that effect by the
creditor suing for maintenance, where such creditor is the spouse,
or a minor or an incapacitated child, or an ascendant of the debtor,
order that a specified portion of the salary, allowance or bequest
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             93
mentioned in sub-article (1)( a ),   ( b )   and   ( d ) or of the salary of any
person, be paid directly to the creditor; the service of any such
order on the person by whom the said salary, allowance or bequest
is payable shall have the same effect as a garnishee order; and the
person so served shall pay directly to the creditor the portion of the
salary, allowance or bequest specified in the order.
Cap. 220.
Armed Forces Act shall apply in respect of the pay of an officer or
man of the regular force of Malta.
Salary or wages 
not subject to 
attachment. 
Added by: 
XXI. 1969.17. 
Amended by: 
XIII.1983.5; 
XXI.1993.87. 
Substituted by: 
XXIV. 1995.179.
382. (1) In the case of any salary, wage benefit, pension or
allowance mentioned in article 381(1)( a )   and   ( b ) when the same
exceed three hundred liri per month or such amount as may from
time to time be established by order made by the Minister
responsible for justice, the court may, on the application by any
creditor, allow the issue of a garnishee order on that part in excess
of the amount aforestated:
Provided that if the debtor, upon an application shows to the
satisfaction of the court that he needs such excess or part thereof
for his maintenance or for the maintenance of his family, the court
shall revoke the garnishee order with respect to the excess or such
part thereof, whereupon the said order shall be deemed to be and to
have been without effect to the extent to which it had been revoked:
Provided further that this article shall not apply to the pay of an
officer or man of the regular force of Malta.
(2) The court may, at any time, vary the order given under sub-
article (1), on a demand by application of the creditor or the debtor,
if there be any change in the material circumstances of the debtor.
Garnishee order to 
cease to be 
operative on 
expiration of one 
year . 
Substituted by: 
XXIV. 1995.180.
383. (1) A garnishee order ceases to be operative on the
expiration of one year from the issue thereof, unless the court, upon
an application by the person suing out the order, shall extend such
time.
(2) Such application shall be filed at least seven days before
the time expires and shall be served on the garnishee together with
the relative decree of extension.
(3) The garnishee shall not incur any liability if after the
expiration of the said time, whether original or extended, and
before any such extension has beer served on him, he shall act as if
the order had ceased to be in force.
  94        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Sub-title V
Amended by:
IX. 1886.83.
O F THE  W ARRANT OF  E JECTMENT OR  E XPULSION FROM 
I MMOVABLE  P ROPERTY
Mode of execution 
of warrant of 
ejectment or 
expulsion from 
immovable 
Property. 
Amended by:
XXIV. 1995.181.
384.  In the execution of any warrant of ejectment or expulsion
of tenants or other occupants of immovable property, the marshal
shall enjoin the tenants or occupants to quit the tenement within a
period of not less than four and not more than eight days; at the
expiration of such period, the marshal shall cause the tenant or
occupant to quit the tenement which shall be cleared of all things
belonging to such tenant or occupant.
Sub-title VI
O F THE  W ARRANT  I N  F ACTUM
Warrant  in factum. 
Amended by: 
XXIV.1995.182.
Substituted by:
XXXI. 2002.146.
385. (1) The warrant  in factum  shall contain an order to the court
executive officer to convey to prison the party against whom the
warrant is issued to be therein kept at his own expense, until the
performance of the act ordered by the judgment or until such time as
the court may deem necessary to ensure such performance.
(2) The warrant shall be issued on an application by the
creditor and the court shall issue the warrant only if it is satisfied
that the creditor has no other means of execution.
Where and against 
whom warrant  in 
factum  may be 
executed.
386.  A warrant  in factum , if so required for the enforcement of
any judgment and where an express order to that effect is made by
the court, may be executed in any place, other than a church, and
against any person, other than the ascendants of the person suing
out the warrant or any minister of religion while in the exercise of
his ministry.
Maintenance at the 
expense of person 
demanding issue of 
warrant.  
Substituted by: 
XII.1985.13.
387.  (1) No warrant  in factum  shall be executed unless the
person demanding the issue of the warrant shall have first delivered
to the marshal a sum, to be fixed by the court, to be given, through
the gaoler, to the person against whom the warrant has been issued
in respect of his maintenance for seven days, including the day of
apprehension; and the gaoler shall not take the person apprehended
in custody until such deposit is made.
(2) A like sum shall be deposited in the hands of the gaoler
every seven days in advance and not later than twelve noon of the
last day of each weekly period. Such sum shall be immediately
delivered to the person apprehended.
(3) The marshal and the gaoler respectively shall give a receipt
for the said deposit.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             95
Execution of 
warrant in factum 
not to bar action 
for damages. 
Amended by: 
IX. 1886.85.
388. (1) The execution of any warrant  in factum  shall not
affect the right of action for damages and interest consequent upon
the non-performance of the act ordered by the judgment.
Warrant  in factum  
inadmissible for 
enforcing 
cohabitation of 
husband and wife.
(2) Saving other provisions of the law as to damages and
interest or for other purposes, no warrant  in factum  may be
demanded for the purpose of compelling a husband to live with his
wife or  vice versa .
Sub-title VII
Added by:
IX. 1886.86.
O F THE  R ENDERING OF  A CCOUNTS AND  L IQUIDATION OF 
F RUITS 
Account to be 
supported by 
documents. 
Added by: 
IX. 1886.86.
389. (1) Any person who is bound to render an account, shall,
together with such account, produce all the documents in support
thereof.
(2) If any of the documents is a public deed, a reference thereto
shall be sufficient. 
Contents of 
account. 
Added by:
IX. 1886.86.
390. (1) The account shall contain - 
( a ) a clear statement of the matter of which an account is
rendered;
( b ) the items of receipt;
( c ) the items of expenditure;
( d ) the balance still due and the things to be recovered. 
(2) The account shall end with a summary.
Payment of 
balance not to 
imply approval of 
account. 
Added by: 
IX. 1886.86. 
391. (1) If the receipts exceed the expenditure, the court, on
the application of the interested party, shall order the payment of
the balance:
Provided that this shall not be taken to be an approval of the
account.
Order not subject 
to appeal. 
(2) No appeal shall lie from the order given on any such
application and such order may be enforced after the lapse of two
days from the service thereof, in the same manner and with the
same means as judgments may be enforced.
Objection to 
account. 
Added by:
IX. 1886.86.
392.  If the party to whom an account is rendered desires to
impugn such account, he shall lodge his objection thereto
specifying the items to which objection is taken, by writ of
summons against the opposite party.
Certain items may 
be allowed 
although 
unsupported by 
vouchers. 
Added by:
IX. 1886.86.
393. (1) Such items as cannot be or are not usually supported
by vouchers may be allowed if they appear to be true and
reasonable:
Provided that the party rendering the account may be compelled,
where it is deemed necessary, to confirm the truth thereof on oath.
  96        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Reimbursement of 
expenses for 
making out 
account.
(2) On the demand of the party producing the account, the court
may, according to circumstances, allow him such expense as it was
necessary for him to incur for making out and rendering the
account.
Failure to render 
account within 
prescribed time. 
Added by 
IX.1886.86. 
Amended by 
XXI.1934.45
394. (1) If the party bound to render an account fails to
produce such account within the prescribed time, it shall be lawful
for the court to allow the party suing for the account to fix, even by
oath, the amount due.
Approval of 
account in default 
of objection.
(2) If the party to whom an account is rendered makes no
objection thereto as provided in article 392, it shall be lawful for
the court, on the demand of the opposite party, to approve the
account.
Liquidation of 
fruits. 
Added by: 
IX. 1886.86.
395.   The provisions of the preceding articles of this sub-title
shall, so far as applicable, apply in cases of liquidation of fruits.
Title VIII
O F CERTAIN  S PECIAL  P ROCEEDINGS 
Sub-title I
O F  R ECONVENTION
Reconvention. 
Amended by: 
XXXI. 1980.4.
396.  In any action, it shall be lawful for the defendant to set up
a counter-claim against the plaintiff, provided the claim of the
defendant be connected with the claim of the plaintiff as stated
hereunder:
Grounds for 
reconvention.
( a ) if the claim of the defendant arises from the same fact
or from the same contract or title giving rise to the
claim of the plaintiff; or
( b ) if the object of the claim of the defendant is to set-off
the debt claimed by the plaintiff, or to bar in any other
manner the action of the plaintiff, or to preclude its
effects.
Effects of 
reconvention.
397.  The effect of reconvention as regards procedure, is that the
original and the counter-claim are dealt with in one single record
and both claims are disposed of in the same action.
Form of 
reconvention. 
Substituted by: 
XXXI. 1980.5.
Amended by: 
XXIV.1995.183.
398. (1) The defendant who desires to set up a counter-claim
shall set up his claim in the statement of defence where proceedings
are by writ of summons, or in the written reply to the application
where proceedings are by application.
(2) The counter-claim shall be set up after the defence to the
original claim made out as required by law; and the defendant shall,
with respect to the counter-claim, observe, as far as practicable, the
rules established by this Code or by any other law for the written
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             97
pleading by which the proceedings were first instituted.
(3) Where proceedings are by writ of summons, the setting up
of a counter-claim in a statement of defence shall be equivalent to
the filing of a writ of summons with respect to that claim, and shall
be served on the plaintiff, who shall proceed as if he were the
defendant with respect thereto; and in any such case, the closing of
the preliminary written procedures and the application of articles
151 and 152 shall take place with the filing of that statement of
defence by the plaintiff or the expiration of the term for its filing.
Security for costs.  
Amended by: 
XXXI. 1934.46. 
Substituted by: 
XXXI. 1980.6.
399.   Repealed by: XXIV. 1995.184.
Capacity of parties 
in reconvention.
400.  The defendant may not set up a counter-claim in a capacity
other than that in which he has been sued, nor may he, in setting up
the counter-claim, sue the plaintiff in a capacity other than that in
which the plaintiff has claimed.
Discontinuance of 
action by plaintiff 
not to bar 
prosecution of 
counterclaim.
401.  If, in any case in which the defendant sets up a
counterclaim, the action of the plaintiff is in any manner
discontinued, the defendant may nevertheless insist on his counter-
claim lawfully set up being proceeded with.
Connection of 
actions.
402.  Where the defendant in an action brings another action in
respect of a claim connected with that of the plaintiff as provided in
article 396, it shall be lawful for the court to order the two actions
to be heard simultaneously.
Sub-title II
O F  J ACTITATION  S UITS
Jactitation. 
Amended by: 
XII. 1913.94.
403.  Where any claim is vaunted in any judicial act, or
otherwise in writing, the party wishing to be liberated from such
jactitation may, within a year of such jactitation, demand, by writ
of summons, that a time be fixed within which the jactitator shall
bring the claim for trial, and that in default thereof, the jactitator be
precluded from ever proceeding on that claim.
Time for bringing 
claim for trial. 
Amended by: 
XI. 1859.23; 
XV. 1913.94; 
XXIII. 1971.21.
404. (1) The time mentioned in the last preceding article shall
not exceed three months.
Suspension of 
time.
(2) Such time shall be suspended during the pendency of an
application to sue with the benefit of legal aid, provided the
application is filed by the jactitator within the first four days of the
said time.
  98        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
When jactitation 
suit is 
inadmissible.
405.  The court shall not allow the demand referred to in article
403 if the jactitation is in respect of an uncertain right, contingent
upon any event or condition, or of a right with regard to which no
action can, for the time being, be taken.
Jactitator to 
proceed before 
court to the 
jurisdiction of 
which the party 
aggrieved is 
subject.
406.  Any jactitator to whom a time has been fixed within which
to bring his claim for trial, shall institute proceedings before the
court to the jurisdiction of which the party aggrieved by the
jactitation is subject.
Where jactitator 
declares before 
court that he has no 
claim against party 
aggrieved.
407.  Where the jactitator, on appearing before the court,
declares, by means of a note, that he has no claim against the
plaintiff or his property, as the case may be, according to the
demand in the writ of summons, the court shall not dispose of the
merits, but shall only adjudge on the costs, where necessary; and in
such case the said declaration of the jactitator shall have the same
effect as an injunction of perpetual silence and it shall no longer be
lawful for the jactitator to proceed on the claim to which the
demand refers.
Fixing of time to 
jactitator.
Amended by:
XV.1913.94.
408.  Where the fact of the jactitation is proved and no
declaration as provided in the last preceding article is made, the
court shall allow the jactitator a time in accordance with the
provisions of article 404, and shall reserve giving judgment as to
the issue of perpetual silence in one of the first sittings to be held
after the expiration of the time allowed as aforesaid.
Extension of time. 409.  If in the course of the said time the jactitator shall ask for
an extension thereof, the judgment on the issue of perpetual silence
reserved as provided in the last preceding article, shall be
adjourned until the demand for the extension be dealt with, or until
the enlarged time shall elapse.
Injunction of 
perpetual silence.
410.   If the jactitator shall fail to bring his claim for trial within
the time fixed, the court shall dispose of the second demand
contained in the original writ of summons enjoining perpetual
silence upon the jactitator in respect of such claim.
Perpetual silence to 
apply only to 
jactitation referred 
to in writ of 
summons.
411.  The perpetual silence enjoined as provided in the last
preceding article shall be deemed to be restricted to the jactitation
to which reference was made in the writ of summons.
Where jactitator 
brings his claim for 
trial.
412.  If the jactitator shows that he has, within the time fixed,
brought his claim for trial, the court shall abstain from disposing of
the second demand contained in the original writ of summons, and
shall leave the question of costs to be determined in the action
instituted by the jactitator.
Effects of non-suit 
in action by 
jactitator. 
Amended by: 
XV. 1913.94.
413.  Where in the action instituted by the jactitator the court
shall give judgment of non-suit against the jactitator, the time
allowed under article 408, shall commence to run anew from the
day on which the judgment of non-suit shall have become a  res
judicata  but may not be enlarged.
Effects of default 
by jactitator to take 
fresh proceedings.
414.  If, within the time renewed as provided in the last
preceding article, the jactitator fails to institute fresh proceedings,
the plaintiff in the jactitation suit may demand, by writ of summons
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             99
before the court which fixed the original time, that perpetual
silence be enjoined on the jactitator in regard to the claim which he
had brought for trial.
Jactitation suit 
inadmissible 
against absent 
persons, etc. 
Added by: 
XV.1913.94. 
Amended by: 
XXIV.1995.185.
415.  A jactitation suit may not be instituted against any absent
person nor may any such suit be instituted or prosecuted against
any minor or other person who is under any disability to sue or to
be sued: 
Provided that the provisions of this article shall not apply in
relation to any person who within three months immediately
preceding the institution of the jactitation suit shall have, either
personally or through a mandatory, filed a judicial act vaunting his
claim.
Sub-title III
O F  C OMPETING  C LAIMS
Competition of 
creditors on 
moneys deposited 
in court. 
Amended by: 
VII.1892.1; 
XV.1913.95; 
VIII.1990.3. 
Publication of 
notice. Time for 
creditors to put in 
claims.
416. (1) If, in the superior courts or in the Court of
Magistrates (Gozo) in its superior jurisdiction, there shall be
deposited money in respect of which more than two parties allege
claims of preference or priority or any other interest whatsoever,
the court, upon the application of any of such claimants, shall,
through the registrar, cause a notice to be published in one or more
periodical newspapers, including in any case the Government
Gazette, stating that the said money is standing in court, that there
are claims upon such money, and calling upon all parties interested
therein, to put in their respective claims within the time of one
month, on the expiration of which it shall not be lawful for any
party failing to put in a claim within that time, to delay or
otherwise hinder the decision on the competition proceedings
between the parties putting in a claim.
Notice to state day 
appointed for trial.
(2) The said notice shall state the day on which, after the
expiration of the said time of one month, all the parties interested
who shall have put in a claim shall appear in court for the trial of
the claims.
Power of court to 
abridge time, in 
commercial 
matters.
(3) In commercial matters, the time above referred to may be
abridged to any such shorter period as the court may deem
adequate.
Service of notice. 
deposit, the debtor, the execution creditors as well as on any other
creditor at whose suit any garnishee order may have been issued.
Jus avocandi.
creditors within the prescribed time shall not operate so as to bar
the exercise of any right on the part of any person who failed to put
in his claim; and it shall be lawful for such person subsequently to
recover, wholly or in part, from any ranked creditor the money
received by him, if the claim of such person shall, on separate
proceedings, prove to be prior, or equal to, that of the ranked
  100        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
creditor: but if it shall be proved that such person having a prior or
an equal claim could have put in such claim within the prescribed
time, his default may be taken into account in adjudging the costs.
Competing 
claimants to 
proceed by 
application. 
Amended by: 
XXIV. 1995.186.
418.  Any person desiring to compete on the money deposited in
court shall, within the prescribed time, file an application
containing his demand to be ranked on the fund. The first
competitor shall together with his application file a copy of the
lodgment schedule.
Service of 
application. 
Amended by: 
XI. 1859.24; 
VII.1892.2; 
XXIV.1995.187.
419. (1) The application shall be served on the debtor and on
the person making the deposit, but no answer to such application
shall be allowed.
Time for trial. (2) The trial of the claims shall not take place before four days
from the expiration of the time referred to in article 416.
Closing of written 
pleadings. 
Amended by: 
XXI V. 1995.188.
420. (1) Upon the expiration of the time referred to in article
416, the written pleadings shall be deemed to be closed both by the
filing of the respective application of each claimant.
Trial. (2) At the trial, the court shall hear each competing claimant
both in support of his claim and the alleged priority or preference
thereof, as well as in opposition to the claims of the other
competitors, and on any other matter which may be necessary for a
full statement of the claims. The debtor, the person making the
deposit and any other interested person appearing at the trial shall
also be heard.
Additional 
pleadings.
421.  Where the court, for a further and better statement of the
claims, in view of the intricacy of the issues involved, shall deem
an additional written pleading to be necessary, the court may order
such additional written pleading and make any other special order
which it may consider expedient.
No money to be 
paid out without 
consent of parties 
interested or 
without order of 
court.
422.  During the compilation of the competition proceedings, no
money forming the subject-matter of such proceedings may be paid
out without the consent of all the parties interested, unless the
court, with a view to avoiding the accruing of interest to the
prejudice of all the parties, or for any other good reason, shall deem
it proper to satisfy the claim of any one of the competitors the
priority or preference of which has not been contested.
Withdrawal of 
deposit subject to 
condition of surety.
423.  Saving the provisions of articles 424, 425 and 427, if the
competition refers to money deposited in court subject to the
condition that it may not be withdrawn without a surety, such
money or any part thereof shall not be paid out under any title or
for any reason whatsoever without such surety.
Hypothecary 
security in lieu of 
surety.
424.  Where the payment out is demanded by a government
department, or any administration thereof, or by any pious
institution or foundation, or any other body corporate, which can
offer sufficient security on immovable property, the hypothecation
of such immovable property made by a person lawfully authorised
for the purpose, may be allowed in lieu of the surety referred to in
the last preceding article.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             101
Exemption from 
surety.
425.  The following persons are exempt from giving surety
notwithstanding that such surety be required by the person making
the deposit:
( a ) the dominus, where the claim is for payment of the
ground-rent of the tenement on the proceeds of the sale
of which there are competing claims;
( b ) any seaman of any ship, where the claim is for
payment of wages due for the last voyage, provided
the money deposited in court is derived from the sale
of such ship, or from the sale of the cargo of the said
last voyage, or from the recovery of the ship or cargo,
or from the freight earned in the said voyage.
Duration of 
obligation of 
surety.
426.  The obligation of the surety referred to in article 423 shall
remain in force - 
( a ) if the money deposited in court is derived from the sale
of immovable property, until such time as the right of
action to which the immovable property may be
subject is exercisable;
( b ) if the money deposited in court is derived from the sale
of any ship, for a period of one year;
( c ) if the money deposited in court is derived from any
other source, until such time as the person making the
deposit may be liable to any molestation against which
he is entitled to be secured.
When condition 
requiring a surety 
is not operative.
427. The condition of the production of a surety referred to in
article 423, shall not be operative - 
( a ) if the money deposited in court represents the price of
movable property, with the exception of ships; or
( b ) in any other case, if the court is satisfied that the
depositor cannot be subjected to molestation.
Competing claims 
on primogenitures, 
etc. 
Filing of the 
application. 
Amended by: 
XXIV. 1995:189.
428. (1) In case of competing claims respecting any
primogeniture, majorat, entail, succession or benefice, any person
claiming to have a right thereto, and desiring to establish such
right, shall file an application setting out his claim causing such
application to be served on any person whom he believes to have a
competing claim.
Production of 
documents.
(2) The documents in support of the claim shall be produced
together with the application.
Answer and 
respective 
statement. 
Substituted by: 
XXIV. 1995.190.
 429.   It shall be lawful for each of the parties on whom any such
application shall have been served to file an answer containing the
please which he desires to raise in opposition to the other
competing claims and a statement of his own claim.
Service of answer 
and respective 
libel.
430.  The written pleading referred to in the last preceding
article shall be served on all the parties who shall have put in a
claim as well as on any other person whom the party filing such
pleading deems it to be in his interest to notify judicially of such
pleading.
  102        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Closing of 
pleadings. 
Amended by: 
XXXI. 1934.47. 
Substituted by: 
XXIV. 1995.191.
431. (1) In the cases referred to in article 428, the pleadings
shall be deemed to be closed - 
( a ) on the filing of the answers and respective applications
of the contending parties; or
( b ) on the expiration of the time prescribed in sub-article
(2), if the parties or any of the parties served with the
application shall fail to file the answer and respective
application within such time.
(2) The party served with an application shall file an answer or
a respective application within fifteen days from the date of
service. 
Parties served with 
answer and 
respective 
application may 
file a note. 
Amended by: 
XV.1913.96; 
XXXI.1934.48; 
XXIV. 1995.192.
432.  There shall be no reply to the answer and respective
application but it shall be lawful for the parties served with an
answer and respective application to file a note in support of their
own claim and in opposition to the claim of the other parties not
later than the day appointed for the trial of the claims.
Other claimants 
may file 
application. 
Amended by: 
XXXI. 1934.49; 
XXIV. 1995.193.
433.  Any other party claiming to have a right to the
primogeniture, majorat, entail, succession, or benefice under
litigation, may file his application at any time before the closing of
the pleadings, causing it to be served on all parties who had put in a
claim, in which case the provisions of the last four preceding
articles shall apply.
Additional written 
pleadings.
434.  Should a further and better statement of the claims prove
to be necessary, it shall be lawful for the court to order all or any of
the competing parties to file an additional written pleading in
regard to such issues of law or fact as in the opinion of the court
may require further elucidation.
Person not 
expressly notified 
not to be debarred 
from claiming his 
rights by separate 
proceedings.
435.  Non-appearance, except in the case of a person served
with a judicial notice, shall not debar any claimant who has not
entered an appearance from exercising, by separate proceedings,
any right of action to which he may be entitled against the
successful party.
Sub-title IV
O F  U NCERTAIN OR  U NKNOWN  H EIRS
Attorney General 
to take possession 
of inheritance 
where no known 
heirs are present in 
Malta. 
Amended by: 
L.N. 46 of 1965. 
LVIII. 1974.68.
436.  If a person dies without leaving any known heir present in
Malta, the Attorney General shall take possession of the inheritance
to safeguard the interests of any person who may be entitled
thereto.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             103
Warrant of 
description. 
Amended by: 
XI.1913.97; 
L.N. 46 of 1965; 
LVIII.1974.68; 
VIII.1990.3; 
XXIV.1995.194.
437.  The Civil Court, First Hall, or the Court of Magistrates
(Gozo) in its superior jurisdiction, as the case may be, shall, on the
demand of the Attorney General, by an application, issue a warrant
directing the marshal to make a description of the hereditary estate.
Interested parties 
may apply for 
leave to be present 
at description.
438.  Any person claiming to have an interest in the estate,
either in his own name or on behalf of any other person, may, upon
an application, obtain leave from the court to be present at the
description.
Seizure of movable 
property.
439.  In virtue of the said warrant all movable property
belonging to the deceased shall be seized.
 Sale by auction of 
perishable 
property, etc. 
Amended by: 
XXXI. 1934.50; 
L.N. 46 of 1965: 
LVIII. 1974.68.
440. (1) The Attorney General may, by an application, demand
that such property as he may think perishable or liable to
deterioration, be sold by auction.
(2) The same rule shall also apply where the hereditary estate is
of very small value.
Attorney General 
to be lawful 
representative of 
inheritance. 
Amended by: 
L.N. 46 of 1965; 
LVIII.1974.68. 
441.  The Attorney General shall be the lawful representative of
the inheritance whether as plaintiff or defendant.
Estate not to be 
disposed of 
without order of 
court. 
442.  It shall not be lawful to dispose of the hereditary estate or
any part thereof without an order of the court.
Duties of Attorney 
General where 
inheritance is of 
considerable value.
Amended by: 
L.N. 46 of 1965; 
LVIII.1974.68; 
VIII. 1990.3; 
XXIV. 1995.195.
443. (1) The Attorney General vested with the possession of
the hereditary estate shall, by means of a notice in the Gazette and
in a daily newspaper, call upon all parties who may have a claim on
such estate, to bring forward their claim before the competent court
within a period of one year.
Placing of person 
in possession of 
estate.
Security. 
(2) It shall not be lawful for the court to put any person in
possession of the inheritance before the expiration of the said time,
unless such person shall give a bond with a sufficient surety to
restore such inheritance to any other person having a better claim
who may appear within the said time.
Persons exempted 
from giving 
security.
Amended by: 
XLVI.1973.108.
444. (1) The following persons are exempted from giving the
security referred to in the last preceding article:
( a ) the heir institute;
( b ) the legitimate children of the deceased;
( c ) the parent or the brother or sister of the deceased,
provided such parent, brother or sister shall state on
oath before the respective court, that it is to his
knowledge that the deceased had no legitimate
children.
Power of court.
  104        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
heir institute or the child, parent, brother or sister of the deceased
to take possession of the entire inheritance, under an obligation on
his or her part to surrender such portion as may be due to any other
heir institute, child, parent, brother or sister of the deceased.
Delivery of estate 
to creditor. 
Amended by: 
XI.1859.25; 
L.N. 46 of 1965; 
LVIII. 1974.68.
445. (1) Where the hereditary estate is of very small value, it
shall be lawful for the court, in the absence of any opposition on
the part of the Attorney General, to order, even on an application,
that such estate be delivered to any creditor claiming it in fall or
partial payment of a debt owing to him.
Verification of 
account on oath.
(2) In any such case, the court may allow the creditor to verify
his account on oath if, in the circumstances of the case, it is
difficult to produce other evidence and the court is satisfied that
such verification on oath is sufficient.
Summary 
procedure for 
delivery of estate 
to creditor where 
claim is proved by 
documentary 
evidence. 
Amended by: 
XI. 1859.25; 
L.N. 46 of 1965; 
LVIII. 1974.68.
446.  In the case referred to in the last preceding article, the
delivery of the estate to a creditor in full or partial payment of a
debt owing to him, may also be made, without any order of the
court and without any application on the part of the creditor, upon a
note to that effect filed by the Attorney General, where the debt is
proved by documentary evidence.
Sale by auction of 
estate and deposit 
of proceeds in 
court. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68.
447.  The Attorney General may, at the expiration of one year
from the day on which he was vested with the possession of the
hereditary estate, obtain an order from the court for the entire
property of the deceased to be sold by auction, in which case the
proceeds of the sale, after deducting therefrom the expenses
incurred, shall be deposited in court for the benefit of the
inheritance.
Sub-title V 
O F  D ISENTAIL
Procedure for 
disentail.
448.  Saving the provisions of Title I of Part II of Book Second
of this Code, the demand for a disentail, in the cases permitted by
law, is made by an application to the competent court of
contentious jurisdiction.
Contents of 
application.
449.   The application shall state the nature of the entail to which
the immovable property is subject, as well as the object for which
the disentail is demanded.
Production of 
documents and 
security for costs.
450.  The application shall be accompanied by documents in
support of its contents and by security for costs.
Issue of banns for 
appointment of 
curators.
451.  Where any such application is made, the court shall, upon
a separate demand by the applicant, or upon the demand which
shall have been made for the purpose in the application itself, issue
banns for the appointment of a curator or curators.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             105
Publication of 
notice in 
newspapers 
announcing 
application for 
disentail.
452.  The registrar shall simultaneously with the issue of banns
cause a notice to be published in one or more periodical
newspapers, including in any case the Government Gazette,
announcing that an application for the disentail has been filed, and
calling upon any interested party who may desire to enter an
opposition to such application to file, within one month or within
such shorter time as the court in some particular case sees fit to
prescribe, an answer containing the grounds of his objection to the
said application.
Service of 
application.
453.  Moreover, the application shall be expressly served on the
curator or curators appointed as aforesaid and on the parties next
entitled to succeed to the entail, being present in Malta and known
to the applicant.
Answer by 
curators, etc.
454.  After the application has been duly served, the curator or
curators and the other parties on whom the application has been
expressly served as well as any other person claiming to be
interested in the matter, shall be entitled to file an answer.
No written reply 
allowed.
455.  No written reply to such answer shall be allowed.
Closing of written 
pleadings.
456.  The written pleadings shall be deemed to be closed on the
expiration of the time referred to in article 452, although no answer
shall have been filed.
Appointment of 
day for hearing of 
application.
457.  The court shall not appoint a day for the hearing of the
application before the time fixed in the notice referred to in article
452 has expired.
Effect of judgment 
ordering the 
disentail.
458.  The judgment ordering the disentail shall, as soon as it
becomes a  res judicata , have the effect of freeing the immovable
property from any entail to which the same may have been subject.
Power of court to 
order cessation of 
effects of disentail.
459. (1) It shall be lawful for the court, at any time before the
alienation of such property, upon the demand of any person
interested, to order the cessation of the effects of the disentail if,
owing to supervening circumstances, the object for which the
disentail was granted shall have ceased to exist.
(2)  In the absence of any such order or of a demand for such
order, the alienation may not be impugned on the ground that it was
made after the object for which the disentail was granted had
ceased to exist.
  106        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Sub-title VI
Substituted by: 
L.N. 148 of 1975.
O F  C AUSES OF THE  G OVERNMENT
Proceedings 
against the 
Government. 
Added by: 
VIII.1981.6. 
Amended by: 
XXIV. 1995.196;
XXXI. 2002.149.
460. (1) Subject to the provisions of sub-article (2), no judicial
act commencing any proceedings may be filed, and no proceedings
may be taken or instituted, and no warrant may be demanded,
against the Government, or against any authority established by the
Constitution, other than the Electoral Commission, or against any
person holding a public office in his official capacity, except after
the expiration of ten days from the service against the Government
or such authority or person as aforesaid, of a judicial letter or of a
protest in which the right claimed or the demand sought is clearly
stated.
(2)  The provisions of sub-article (1) shall not apply - 
( a ) to actions for redress under article 46 of the
Constitution; or
( b ) to warrants of prohibitory injunction; or
( c ) to actions for the correction of acts of civil status; or 
( d ) to actions to be heard with urgency;
( e ) to referrals of disputes to arbitration,
and where in accordance with the provisions of any law a particular
procedure including a time-limit or other term is to be observed, the
provisions of sub-article (1) shall not apply and the procedure
aforesaid, including any time-limit or other term, shall apply and be
observed in lieu thereof.
(3) Causes against the Government in respect of which there is
in force a warrant of prohibitory injunction shall be heard by the
court with urgency in preference to other causes.
Proceedings for 
recovery of fine 
( multa )  by civil 
process. 
Amended by: 
XV.1913.97; 
L.N. 46 of 1965; 
LVIII.1974.68; 
VIII. 1990.3;
XXIV. 1995.197.
461.  For the recovery of any fine ( multa ) recoverable by civil
process, the Attorney General shall proceed in the Civil Court, First
Hall, or in the Court of Magistrates (Gozo) in its superior
jurisdiction, as the case may be, by writ of summons.
Proceedings for 
forfeiture of goods 
by civil process. 
Amended by: 
XV.1913.97; 
L.N. 46 of 1965; 
LVIII.1974.68; 
VIII. 1990.3; 
XXIV.1995.198. 
462.   In the case of seizure of goods subject to forfeiture by civil
process according to law, the Attorney General shall likewise
proceed in the Civil Court, First Hall, or in the Court of Magistrates
(Gozo) in its superior jurisdiction by writ of summons demanding
that the goods in question be declared forfeited.
Person against 
whom writ of 
summons is to be 
directed.
463.  The writ of summons referred to in the last preceding
article shall be directed against the person in whose possession the
goods shall have been found.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             107
When writ of 
summons is to be 
directed against 
official curators. 
Amended by: 
XXXI. 1934.51. 
464. (1) Where the goods were not in the possession of any
person, the writ of summons shall be directed against the advocate
and the legal procurator next in turn as curators on the rota.
Curators to 
represent unknown 
owner. 
(2) Such curators shall represent the unknown owner of the
goods.
Posting up of copy 
of writ of 
summons. 
(3) A copy of such writ of summons shall be posted up at the
entrance of the building in which the court sits, at least two days
before the day appointed for the hearing.
Any interested 
person may appear 
at the trial to 
contest action.
465.  It shall be lawful for any person interested, although not
summoned, to appear at the trial of the action, and enter his
objections against the demand referred to in article 462.
Proceedings for 
debts due to 
Government. 
Amended by: 
XV. 1913.98. 
Substituted by: 
XXIV. 1995.199.
466. (1) Where a head of any government department desires
to sue for the recovery of a debt due to a department under his
direction, or to any administration thereof, for any services,
supplies, rent or for any licence or other fee or tax due, he may
make a declaration on oath before the registrar, a judge or a
magistrate wherein he is to state the nature of the debt and the name
of the debtor and confirm that it is due.
(2) The declaration referred to in sub-article (1) shall be served
upon the debtor by means of a judicial act and it shall have the
same effect as a final judgment of the competent court unless the
debtor shall, within a period of twenty days from service upon him
of the said declaration oppose the claim by filing an application
demanding that the court declare the claim unfounded.
(3) The application filed in terms of sub-article (2) shall be
served upon the head of department, who shall be entitled to file a
reply within a period of twenty days. The court shall appoint the
application for hearing on a date after the lapse of that period.
(4) In the cases of an urgent nature the court may, upon an
application of the creditor or the debtor, shorten any time limits
provided for in this article by means of a decree to be served upon
the other party.
Opposition to 
proceedings under 
article 466.  
Amended by: 
XV.1913.99,100; 
VIII. 1990.3. 
Substituted by: 
XXIV. 1995.200.
467. (1) Any executive title obtained according to the
provisions of the last preceding article in the absence of any
opposition on the part of the debtor shall be rescinded if upon a
request by writ of summons to be filed by the debtor within twenty
days from the first service upon him of any executive warrant based
on the said title or of any other judicial act wherein reference is
made to the said title, the court is satisfied that the debtor was
unaware of the service of the declaration referred to in sub-article
(1) of the last preceding article during the period during which he
could oppose the same and that the claim contained in the said
declaration is unfounded on the merits.
(2) No opposition other than that specifically provided for in
this article and in the last preceding article 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
  108        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
pursuance thereof.
Inadmissibility of 
opposition against 
execution or 
payment of 
proceeds.
468.   Repealed by: XXIV. 1995.200.
Government costs. 
Amended by:
XVI. 1922.3; 
XXXI. 1966.2;
L.N. 148 of 1975.
469.  Any taxed fees due to the law officers of the Government
of Malta shall be paid into the Consolidated Fund.
Added by: 
XXIV. 1995.201.
Sub-Title VII
J UDICIAL  R EVIEW OF  A DMINISTRATIVE  A CTION
Judicial review of 
administrative 
action. 
Added by: 
XXIV.1995.201. 
Amended by: 
IV.1996.8.
469A.  (1) Saving as is otherwise provided by law, the courts of
justice of civil jurisdiction may enquire into the validity of any
administrative act or declare such act null, invalid or without effect
only in the following cases:
( a ) where the administrative act is in violation of the
Constitution;
( b ) when the administrative act is  ultra vires  on any of the
following grounds:
(i) when such act emanates from a public authority
that is not authorised to perform it; or
(ii) when a public authority has failed to observe the
principles of natural justice or mandatory
procedural requirements in performing the
administrative act or in its prior deliberations
thereon; or
(iii) when the administrative act constitutes an abuse
of the public authority’s power in that it is done
for improper purposes or on the basis of
irrelevant considerations; or
(iv) when the administrative act is otherwise
contrary to law.
(2) In this article - 
"administrative act" includes the issuing by a public authority of
any order, licence, permit, warrant, decision, or a refusal to any
demand of a claimant, but does not include any measure intended
for internal organization or administration within the said
authority:
Provided that, saving those cases where the law prescribes a
period within which a public authority is required to make a
decision, the absence of a decision of a public authority following a
claimant’s written demand served upon it, shall, after two months
from such service, constitute a refusal for the purposes of this
definition;
"public authority" means the Government of Malta, including its
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             109
Ministries and departments, local authorities and any body
corporate established by law.
(3) An action to impugn an administrative act under sub-article
(1)( b ) shall be filed within a period of six months from the date
when the interested person becomes aware or could have become
aware of such an administrative act, whichever is the earlier.
(4) The provisions of this article shall not apply where the
mode of contestation or of obtaining redress, with respect to any
particular administrative act before a court or tribunal is provided
for in any other law.
(5) In any action brought under this article, it shall be lawful
for the plaintiff to include in the demands a request for the payment
of damages based on the alleged responsibility of the public
authority in tort or quasi tort, arising out of the administrative act.
The said damages shall not be awarded by the court where
notwithstanding the annulment of the administrative act the public
authority has not acted in bad faith or unreasonably or where the
thing requested by the plaintiff could have lawfully and reasonably
been refused under any other power.
(6) For the purposes of this article, and of any other provision
of this and any other law, service with the government is a special
relationship regulated by the legal provisions specifically
applicable to it and the terms and conditions from time to time
established by the Government, and no law or provision thereof
relating to conditions of employment or to contracts of service or of
employment applies, or ever heretofore applied, to service with the
government except to the extent that such law provides otherwise.
PART II
O F THE  M ODE OF  P ROCEDURE BEFORE THE 
C IVIL  C OURT,  S ECOND  H ALL
G ENERAL  P ROVISIONS
Procedure  in 
matters of 
voluntary 
jurisdiction. 
Amended by:
XV. 1983.4; 
XXI. 1993.87.
Substituted by:
XXXI. 2002.150.
470. (1) Saving the provisions of article 489 of this Code and
of article 37 of the Civil Code, any demand for any authorization or
leave to enter into or make any contract or disposition in respect of
which the law requires a previous authorization or leave, or for any
other order or direction in civil matters of voluntary jurisdiction,
shall be made to a section of the Civil Court as may be prescribed
by regulations.
(2) Such application shall be signed by the applicant himself or
by an advocate, notary, or legal procurator.
Powers of judge. 
Amended by:
IV 1868.5.
471. Upon any such application the judge shall obtain the
necessary information, and for such purpose he shall order the
production of documents, examine, on oath or otherwise, the
applicant himself or any other person, and also, if he deems it
  110        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
material to ascertain the value of the property forming the subject-
matter of the application, appoint one or more experts.
Court may, in 
certain cases, order 
the production of 
an opinion in 
writing of an 
advocate.
472. If the matter refers to any waiver, compromise or security,
or to an authorization to begin a suit, it shall be lawful for the court
to order the applicant to produce a reasoned opinion in writing of
one or more practising advocates.
Judge may 
examine any 
person on subject-
matter of 
application. 
Amended by:
IV. 1868.6.
473. It shall be lawful for the court to order any person to
appear on a given day, at a stated time, to be examined on the
subject-matter of the application.
Collection of 
information. 
Amended by:
IV 1868.6.
474. It shall also be lawful for the court to appoint one or more
persons to collect the necessary information on the subject-matter
of the application.
Any person may 
spontaneously 
appear to give 
information. 
Amended by:
IV. 1868.6.
475. It shall be lawful for any person spontaneously to appear to
give to the court the said information.
Act to be within 
terms of decree.
476. Any act done in pursuance of an authorization granted by
the court shall be within the terms of the decree; and if after a
decree is given, it shall be found necessary to add any new
stipulation, or agreement, or any other matter requiring
authorization, another application shall be made for the necessary
authorization.
Act to be valid 
only as far as 
authorized.
477. An act done in pursuance of a decree of the said court shall
not be valid as regards such parts thereof as require judicial
authorization, except in so far as such parts have been authorized.
Presence of judge 
at execution of acts 
Amended by:
X. 1856.6;
XV. 1913.101; 
L.N. 148 of 1975;
XXXI. 2002.151.
478. (1) Where at the execution of any act, the presence of the
judge of the said court is required by law, he shall attend
personally: 
Provided that the presentation or withdrawal of a secret will may
be effected in the presence of any other judge, notwithstanding that
such judge may not be the judge assigned to the said court.
will not validate 
defects.
(2) The presence of the judge at the execution of an act shall
not cure any defect arising from any departure from the express
terms of the decree of authorisation, nor shall it validate such part
of the act as requires authorization if such authorization has not
been granted by a decree of the court.
Judge may depute 
judicial assistant.
(3) It shall be lawful for the judge to depute a judicial assistant
to be present at the execution of the act. It shall also be lawful for
the judge to depute a judicial assistant to receive the information
referred to in article 471, or any sworn declaration mentioned in
this Part, if the person to be examined or heard, or the deponent, is
prevented by illness from attending in court or in such other place
as may have been appointed by the judge.
Decrees. 479. Decrees are issued in the name of the court, and shall be
signed by the judge and countersigned by the registrar.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             111
Hearing of 
application for 
provisional 
maintenance etc. 
Added by: 
XV. 1983.5. 
Amended by: 
XXI. 1993.87.
480. Repealed by: XXXI. 2002.152.
Mode of service. 
Added by:
XV. 1983.5. 
Substituted by: 
XIII. 1985.7.
481. Repealed by: XXIV. 1995.202.
Review of 
maintenance 
decree.
Added by:
XIII. 1985.7.
481A.  T Repealed by: XXXI. 2002.152.
Examination of 
applications with 
closed doors. 
Substituted by: 
XXI. 1962.20.
482. (1) The court may, and in the case of adoption
proceedings shall, proceed with closed doors in examining and
determining applications.
(2) In the case of adoption proceedings, every application,
decree and record connected therewith shall be secret and shall not
be accessible to any person except by authorisation of the court.
Service of 
application on 
interested third 
parties.
483. If it shall appear from the contents of the application, or
from the examination, or from the information obtained, that any
third party is interested in the matter, the court shall order the
application to be served on such interested party to whom a
reasonable time shall be allowed to file an answer.
Default of answer 
by third party.
484. If the party so served shall fail to file an answer within the
prescribed time, the court shall dispose of the matter according to
law.
Opposition to 
demand.
Amended by: 
XV. 1983.6.
485. If any person enters an opposition to the demand, the court
shall examine the grounds of opposition, and shall either grant the
order applied for, or refer the parties to the court of contentious
jurisdiction, as it shall deem proper:
Provided that the court shall not refer the parties to the court of
contentious jurisdiction where, in the case of a demand made in
accordance with the proviso to article 470(1), the court shall have
upheld the opposition to the said demand.
Custody of 
applications and 
decrees. 
Amended by: 
XV. 1913.102;
XXXI. 2002.153.
486. (1) Every application and every decree shall be kept in
the Registry.
Decree authorizing 
deed to state name 
of notary.
(2) A decree authorizing the execution of any deed shall state
the name of the notary before and by whom such deed is to be
received and published.
Copies to be 
countersigned by 
judge.
(3) Any copy of a decree to be inserted in any notarial act shall
be countersigned by the judge.
Indexes of 
applications and 
decrees. 
(4) Regular indexes shall be kept of all applications and
decrees. 
  112        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Cognizance of 
matters of 
voluntary 
jurisdiction not to 
be ground for 
challenge or 
abstention of 
judge.
487. The judge who shall have granted or refused the leave or
authorization applied for, or who shall have otherwise taken
cognizance of any matter of voluntary jurisdiction, may not on such
ground be challenged or precluded from taking cognizance of any
cause in any of the courts of contentious jurisdiction in which any
issue relating to such matter may afterwards arise.
Grounds for 
impugning acts 
executed by leave 
or with 
authorization of 
court.
488. (1) In regard to any act executed by leave or with the
authorization of the court, it shall not be lawful to adduce evidence
to prove that the consent was given by error, or extorted by
violence or fraud, or that the act was in any manner whatsoever
injurious or prejudicial.
(2) Nevertheless any such act may be invalidated, if it is
proved that the leave or authority of the court was granted in
consequence of any misstatement or concealment of facts.
Applicability of 
provisions of this 
Part to court of 
Gozo as court of 
voluntary 
jurisdiction. 
Amended by: 
X. 1856.7; 
VIII. 1990.3.
Substituted by:
XXXI. 2002.154.
489. The provisions of this Part of this Code relating to the
Voluntary Jurisdiction section of the Civil Court, and to the judge
thereof shall also apply to the Court of Magistrates (Gozo) as a court
of voluntary jurisdiction, constituted under the provisions of article 54,
and to the magistrate sitting in such court.
Title I
Added under the 
Statute Law 
Revision 
Ordinance 1936, 
incorporating ss. 1 
to 8 of Ord. II of 
1868.
O F  D ISENTAIL BY  D ECREE OF  C OURT OF 
V OLUNTARY  J URISDICTION
Disentail where 
fruits do not 
exceed forty liri 
per annum . 
Added by: 
II. 1868.1. 
Amended by: 
XIII. 1983.5.
490. Notwithstanding any other provision of this Code relating
to disentail, any person in possession of property subject to entail
may, upon an application to that effect, obtain a disentail, in regard
to all or any part of such property, by a decree of the court of
voluntary jurisdiction, provided - 
( a ) the entail be dividual; and
( b ) the fruits of all the property possessed by the applicant
under the entail to which the application refers, do not,
after deducting all burdens, exceed the sum of forty liri
per annum; and
( c ) the consent of all the parties next entitled to succeed to
the entail be obtained:
Provided that if at the time of the application there be only one
person next entitled to succeed, then, besides the consent of such
person, it shall also be necessary to obtain the consent of any other
person who, in the event of the predecease of the former, would be
the person or one of the persons next entitled to succeed.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             113
Where person 
whose consent is 
required is a minor, 
etc. 
Added by: 
II. 1868.2.
491. Where any of the persons whose consent is required as
provided in the last preceding article, is a minor or is insane or
interdicted, it shall, nevertheless, be lawful for the court to order
the disentail if it is satisfied of the necessity or utility of such
disentail in the interest also of such person.
Where fruits of all 
the property under 
entail do not 
exceed fifteen liri 
per annum . 
Added by: 
II. 1868.3. 
Amended by:
XIII. 1983.5.
492. Where the fruits of all the property possessed by the
applicant under the entail to which the application refers, do not,
after deducting all burdens, exceed the sum of fifteen liri  per
annum , the court may order the disentail independently of the
consent of any of the persons entitled to succeed.
Where fruits of 
tenement do not 
exceed four liri  per 
annum.
Added by: 
II. 1868.3. 
Amended by:
VI. 1895.19; 
XIII.1983.5.
493. Where the fruits of any tenement possessed by the
applicant under the entail, whether dividual or individual, to which
the application refers, do not, after deducting all burdens, exceed
the sum of four liri  per annum , the court may likewise order the
disentail independently of the consent of any of the persons entitled
to succeed.
Anterior dividual 
entail.  
Added by: 
II. 1868.4.
494. (1) A decree ordering a disentail shall free the property
from any other anterior dividual entail to which the property may
be subject although no mention of such other entail shall have been
made in the application.
Anterior individual 
entail.
(2) Such decree shall also free the property from any other
anterior individual entail, if forty years shall have elapsed from the
day of the death of the entailer, where the entail mentioned in the
application was constituted by a will, or from the date of the deed
where such entail was constituted by a deed  inter vivos.
Substitution. 
Added by: 
II. 1868.5. 
Amended by: 
XIII. 1983.5.
495. (1) The provisions of the foregoing articles shall also
apply where the demand contained in the application is for the
substitution of some immovable property for other property,
whether movable or immovable, subject to a dividual entail.
(2) In such case, the substitution may be authorized by a decree
of the said court, even though the fruits of the property in regard to
which the disentail is demanded, exceed the sum of forty liri  per
annum .
Letting out of 
property subject to 
entail. 
Added by: 
II. 1868.6.
496. It shall also be lawful for the said court to grant to any
person in possession of property of any value whatsoever, subject
to any dividual or individual entail, authorization to give such
property on lease for any period exceeding eight years, in the case
of rural property, or four years, in the case of urban property, if it is
shown to the satisfaction of the court that such lease would be for
the benefit of the persons entitled to succeed:
Provided that the court may not grant any such authorization for
a period exceeding twelve years, in the case of rural property, or
eight years, in the case of urban property.
  114        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Letting out of 
property subject to 
entail on 
emphyteusis. 
Added by: 
II. 1868.7. 
Amended by:
VI. 1895.18.
497. (1) It shall also be lawful for the said court to grant to any
person in possession of property of any value whatsoever, subject
to any dividual or individual entail, authorization to give such
property on emphyteusis for a definite period or in perpetuity,
provided the persons whose consent would, according to the
provisions of article 490, be necessary for a disentail, give their
consent thereto.
(2) The provisions of article 491 shall also apply in the case
referred to in this article.
Where person 
refuses consent.  
Added by: 
II. 1868.8.
498. Where any person whose consent is required under the
provisions of the foregoing articles fails, without just cause, to give
such consent and thereby causes recourse to be had to the court of
contentious jurisdiction for the disentail or other authorization,
such court shall, in granting to the applicant that which, in the
event of such consent, he could have obtained from the court of
voluntary jurisdiction, condemn such person in the costs of the
action.
Title II
O F THE  D ISENCUMBERMENT OF  I MMOVABLE  P ROPERTY 
BY THE  P ROCEDURE OF  E DICTS
Issue of edicts. 499. The liberation of any immovable property from any entail,
hypothec, easement or other burden whatsoever, may be obtained
by means of edicts issued by the Civil Court, Second Hall.
Application. 
Amended by: 
X. 1856.8; 
IX. 1886.87.
500. (1) The demand for the issue of edicts shall be made by
an application.
Contents of 
application.
(2) The application shall state the mode in which the property
has been acquired as well as every transmission of the possession
thereof which may have taken place within the last preceding ten
years.
List of hypothecary 
debts.
(3) The applicant shall, together with the application, or
subsequently thereto, file a list of his hypothecary debts, showing
distinctly the sums due by him, the name of the creditors and their
respective titles, as well as the burdens and any other
encumbrances to which the immovable is subject; and such list
shall be by him verified on oath before the registrar.
Certificate of 
Public Registry.
(4) The applicant shall also produce a certificate from the
office of the Public Registry, showing the liabilities, if any,
registered against him as well as against such others as were vested
with the possession of the property during the last preceding ten
years.
Default of 
production of 
certificate.
(5) In default of the production of such certificate, it shall not
be lawful to order the issue of edicts.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             115
Where applicant 
declares that 
property is not 
subject to debts.
(6) If the applicant declares that the property is not subject to
any debt or other burden, he shall confirm such declaration on oath.
Where application 
is made by attorney 
or representative.
(7) Where the application is made by an attorney or other
representative of a person not residing in Malta, or incapable of
taking an oath, the oath prescribed under this article shall be taken
by such attorney or representative, who will declare that it is not to
his knowledge whether the property in question is subject to any
debt or other burden, or whether the property is subject to any other
debt or burden besides those mentioned in the said list.
Court to issue two 
edicts with interval 
of fifteen days.
Amended by: 
X.1856.9; 
XXIV.1995.203.
501. (1) The court shall issue two edicts with an interval of at
least fifteen days between the first and the second edict.
Posting up of copy 
of edict.
(2) A copy of each edict shall be posted up at the entrance of
the building in which the court sits.
Interested parties 
to claim by protest. 
Time.
(3) Such edicts shall call upon any person interested to appear
and put in his claim by a protest within two months from the
expiration of the time of fifteen days from the date of issue of the
second edict; provided that any curator appointed by the court
according to the provisions of article 504(1) may by application
request the court to extend the said time. The court may, after
considering the circumstances of the case, grant such other time as
it may deem fit.
Contents of edicts.
expiration of the said time of two months, the property shall
become free from any entail, hypothec, easement or other burden as
regards any person who fails to appear, unless such person has been
mentioned in the list referred to in the last preceding article.
Notice by registrar. 
Contents of notice. 
Amended by: 
X. 1856.9;
IV.1868.7.
502. (1) The registrar shall, within fifteen days from the issue
of the second edict, cause a notice, signed by him, containing the
demand for the issue of edicts together with an intimation in terms
of sub-articles (3) and (4) of the last preceding article, to be
published in the Government Gazette, and posted up in the place in
which Government Notices or other official acts are ordinarily
posted up in the city, suburb or district in which the applicant
resides, as well as in the city, suburb or district in which the
property is situate.
Where notice is to 
contain names of 
creditors.
(2) Where, in regard to any liability shown on the certificate of
the Public Registry, the applicant, if he appears in his own name,
shall swear that such liability does not concern him and that he is
not aware whether such liability concerns any of the persons vested
with the possession of the property within the last preceding ten
years, or, if he appears as attorney or representative of another
person as provided in article 500(7), shall swear that it is not to his
knowledge whether such liability affects the property, then in any
such case, the said notice shall contain the names, as stated in the
certificate, of the creditors in whose favour such liability is
registered and shall contain an express warning to such creditors
that, should they fail to appear and put in a claim, by a protest,
  116        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
within the time prescribed in sub-article (3) of the last preceding
article, such liability shall be deemed to be non-existent in so far as
the property referred to in the notice is concerned.
Posting up of 
notice. 
Amended by: 
IV. 1868.8.
503. (1) If the applicant does not reside in Malta, the said
notice shall be posted up in the place in Malta wherein it is proved
to the satisfaction of the court that he has resided within the last ten
years; and failing such proof, the said notice shall be posted up
only in the place within the limits of which the property is situate.
(2) Nevertheless it shall in all cases be lawful for the court to
order that the said notice be also posted up in any other place. 
Appointment of 
curators.
504. (1) The court shall appoint curators to represent any
interested parties who are absent or minors or pupils having no
tutor or curator or other lawful representative.
Duties of curators. (2) It shall be the duty of the curators so appointed to make due
inquiry as to the rights of the parties whom they represent, as well
as to ascertain in the best possible manner whether the property is
subject to any entail.
Written report by 
curators.
505. The curators so appointed shall make a written report to
the court, stating therein the inquiries made by them for the
purposes mentioned in the last preceding article; and if it shall
come to their knowledge that the parties whom they represent have
any claim whatever on the property, they shall bring forward such
claim by entering the requisite protest.
Compilation of 
record.
506. The application, the certificate of the Public Registry, the
list as verified on oath, the two edicts together with the certificate
of the marshal with regard to their publication, the notice inserted
in the Government Gazette, the documents, the protests of the
interested parties who have entered an appearance and the report as
well as the claims put in by the curators appointed as aforesaid,
shall be compiled in a single record in chronological order and kept
in their original.
Decree of court. 507. On the expiration of the time mentioned in article 501(3),
the court shall examine the record, and if it is satisfied that the
provisions contained in articles 499 to 506 inclusive have been
complied with, shall give a decree declaring that the edicts have
been purified, that it is proved that all the formalities prescribed by
this Code have been complied with, and that the immovable
property is free from any entail, hypothec, easement or other
burden, which might be claimed by any person, or body corporate,
although privileged, including the Government, except such as are
available to the creditors or other interested parties who put in a
claim, or whose claim appears from the certificate of the Public
Registry, or from the list filed by the applicant, or from the protest
of the curators.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             117
Time for which 
hypothecs 
remaining in force 
as provided in 
article 507 shall 
subsist. 
Amended by: 
XI. 1859.26 .
508. (1) Any hypothec remaining in force as provided in the
last preceding article shall subsist only for a period of one year to
be reckoned from the day on which the debtor, who has disposed of
the property, shall have, by protest or judicial letter, called upon
the creditor to exercise his rights.
Suspension of 
time.
(2) If at the time of any such intimation, the rights of the
creditor cannot as yet be exercised, the said period shall be
suspended until such time as such rights can be exercised.
(3) The said period shall also be suspended, where the time for
payment has been agreed upon in favour of the creditor.
Issue of edicts in 
pursuance of 
condition attached 
to bid in judicial 
auction.
509. Where the demand for the issue of edicts is made in
consequence of a bid made in a judicial sale by auction subject to
the condition of the issue of edicts, the purchaser shall, together
with the application, file a copy of the act of adjudication; and in
such case the list mentioned in article 500 shall be made by the
purchaser himself, unless he states on oath before the court that he
is not acquainted with the circumstances required to be mentioned
in the list.
Curators to 
investigate history 
of title to property. 
Amended by: 
X. 1856.9.
510. The curators appointed by the court under the provisions of
article 504, shall use all due diligence to ascertain the history of the
title to the property, and shall make an express mention thereof in
their report. If the history of the title to the property is established
by the curators, the court shall cause another edict to be published
in the manner prescribed in article 501.
Extension of 
original time of 
two months. 
Amended by: 
XXIV. 1995.204.
511. If the publication of the history of the title to the property
as provided in the last preceding article, takes place during the
second of the two months prescribed in the edicts, or during the
extension of the period granted in terms of article 501(3), such time
of two months or such extension of the period shall be extended by
another month.
Title III
O F THE  A PPOINTMENT OF  T UTORS,  C URATORS 
AND OTHER  A DMINISTRATORS 
Application for the 
appointment of 
tutors, curators, 
etc. 
Amended by: 
XLVI.1973.108.
512. Any person may apply to the Civil Court, Second Hall, for
the appointment of a tutor or curator to a minor, or for the
appointment of a curator to a vacant inheritance or to an absent
person, or of any other administrator, according to law.
Appointment of 
experts for 
examination of 
accounts,
513. Upon the application of tutors, curators or other
administrators for the examination and approval of their accounts
and for their discharge, it shall be lawful for the court to appoint
advocates and accountants from the rota, who shall file a report
upon which the court shall give the requisite decree.
for fixing 
maintenance 
allowances.
514. Where it shall be necessary to fix a maintenance
allowance, it shall be lawful for the court to appoint a practising
advocate or a head of a family, in order to report thereon, and on
  118        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
any such report, the court shall give the requisite decree.
Power of court to 
exempt tutors, etc. 
from continuing to 
act, 
Amended by: 
XLVI. 1973.108.
515. It shall be lawful for the court, on good cause being shown,
to exempt any tutor, curator, or other administrator, appointed by
the court, from continuing to act as tutor, curator, or administrator.
or to suspend such 
tutors, etc. 
Amended by: 
XLVI. 1973.108.
516. It shall likewise be lawful for the court, of its own motion
or upon the demand of any person, to suspend from the exercise of
his office, any tutor, curator or other administrator appointed by the
court, pending an action for his removal, or for any other just
cause, and to appoint another tutor, curator or administrator to act
in his stead.
Duration of 
suspension.
517. The suspension shall continue until it is revoked by the
court which issued the relative order, or until, upon proceedings
taken by the tutor, curator, or administrator so suspended, against
the party who demanded the suspension, it is revoked by the
competent court of contentious jurisdiction.
Substitution of 
executors, 
administrators, etc.
518. Applications for the substitution of any executor,
administrator, procurator, or counsellor, for that appointed under a
will or other instrument, where the latter refuses to accept office, or
dies, or otherwise becomes unable to perform the duties of his
office, shall likewise be made to the Civil Court, Second Hall,
unless according to law such substitution is to be made by any other
authority or person.
Service of 
application for 
substitution. 
Answer.
519. (1) Where no positive refusal or incapacity to perform the
duties referred to in the last preceding article is made to appear, the
court shall order the application for the substitution to be served on
the party in lieu of whom the substitution is demanded, who shall
be allowed the time of four days within which to file an answer;
and the default of an answer within the said time shall be deemed to
be an admission of the demand contained in the application.
Power of court. (2) Where there are reasons to believe that the incapacity arises
from insanity or any other cause which prevents such answer, the
court shall take such steps as it may deem just and expedient in
order to ascertain the facts.
Title IV
Amended by:
IX. 1886.88.  
O F  I NTERDICTION AND  I NCAPACITATION
Application for 
interdiction or 
incapacitation. 
Amended by: 
IX. 1886.89.
520. (1) A demand for the interdiction or incapacitation of
persons who are habitual idiots, insane, frenzied or prodigal, is
made by an application to the Civil Court, Second Hall.
Contents of 
application.
(2) The application shall contain a statement of the facts on
which the demand is founded and an indication of the witnesses, if
any, to such facts.
Documents. (3) Any documents in support of the demand, shall be filed
together with the application.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             119
Persons who may 
demand 
interdiction or 
incapacitation. 
Amended by: 
IX. 1886.89; 
L.N. 46 of 1965; 
LVIII. 1974.68.
521. Interdiction or incapacitation may be demanded -
( a ) by a husband against his wife, or by a wife against her
husband;
( b ) by any person against another related to him by
consanguinity;
( c ) by any person who is related by affinity to the person
whose interdiction or incapacitation is demanded and
who may be called upon to supply maintenance to such
person;
( d ) in case of idiocy or other mental infirmity, by the
Attorney General; unless the demand shall have been
made by any other person.
Examination of 
person whose 
interdiction is 
demanded. 
Appointment of 
temporary curator. 
Amended by: 
IX. 1886.89.
522. It shall be lawful for the court to cause the person whose
interdiction or incapacitation is demanded to appear before it, to
question such person and cause him to be examined by one or more
experts; and the court may, in all cases, appoint a temporary curator
to take charge of his person and property.
Appointment of 
curator.
Amended by: 
IX. 1886.89.
523. (1) If the court finds that there is just cause for the
interdiction, it shall appoint a curator to administer the property of
the person interdicted.
Applicability of 
provisions relating 
to tutorship.
(2) The provisions relating to the tutorship of minors shall, in
so far as applicable, apply to the curatorship of persons interdicted.
Remuneration to 
curator.
(3) The court may also, on the demand of the curator, either at
the time of his appointment, or subsequently, allow him a
remuneration, regard being had to the nature of the services and to
the property of the person interdicted.
Incapacitation. 
Amended by: 
IX. 1886.89.
524. (1) If no sufficient cause for the interdiction is made to
appear, it shall be lawful for the court by a decree to order, if the
circumstances of the case so require, that the person whose
interdiction is demanded be incapacitated from suing or being sued,
from effecting any compromise, borrowing any money, receiving
any capital, giving a discharge, transferring or hypothecating his
property, or performing any act other than an act of mere
administration, without the aid of a curator to be appointed in the
same decree.
(2) It shall also be lawful for the court, if it deems it necessary,
to incapacitate any person from performing all or any of the acts of
mere administration, entrusting the performance thereof to a
curator in such manner as the court may deem fit to direct.
Interdiction or 
incapacitation to 
date from decree. 
Nullity of acts 
performed after 
decree.  
Amended by: 
IX. 1886.89.
525. (1) Interdiction or incapacitation shall take effect from
the day of the relative decree; and any act performed by the person
interdicted or incapacitated, subsequently to such decree, or even
subsequently to the appointment of the temporary curator, shall be
null.
  120        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Invalidation of acts 
performed 
previously to the 
decree.
(2) Any act performed previously to the interdiction or
incapacitation may be annulled, if the cause of interdiction or
incapacitation existed at the time of the performance of the act.
Revocation of 
interdiction or 
incapacitation. 
Amended by: 
IX. 1886.89.
526. Interdiction or incapacitation shall be revoked, when the
cause of the interdiction or incapacitation shall cease to exist. 
Notice containing 
terms of inhibition 
to be published in 
Government 
Gazette. Circular 
letter to notaries. 
Amended by: 
IX. 1886.89; 
XV.1913.103; 
XVI.1922.4; 
XV. 1983.7; 
XXIV. 1995.205.
527. (1) The court shall, in the decree of interdiction or
incapacitation, direct that a notice thereof, specifying the terms of
the inhibition, be published in the Government Gazette, and that an
intimation of such interdiction or incapacitation be given, by means
of a circular letter, to all notaries in Malta.
Notaries to enter 
note in book to be 
kept for the 
purpose.
(2) A note of such interdiction or incapacitation shall be
entered by every notary in a book to be kept for the purpose and the
notary shall affix his own signature to the circular which shall be
kept in the record of the proceedings relating to the interdiction or
incapacitation.
Book of 
interdictions and 
incapacitations, to 
be kept by 
registrar.
(3) The registrar shall keep a book in which he shall enter the
name, the surname, the father’s name, the place of birth, and the
place of residence of the person interdicted or incapacitated and a
summary of the decree of interdiction or incapacitation.
(4) The registrar shall before the end of the month of January
of every year cause to be published in the Government Gazette a
list showing in alphabetical order the names and surnames of the
persons appearing in the book kept in accordance with sub-article
(3), together where available with the name of the father, the place
of birth and the number of the identity card of such persons, and the
date of the decree of interdiction or incapacitation.
(5) From the list referred to in sub-article (4) there shall be
excluded cases - 
( a ) where more than eighty years have elapsed since the
date of the decree;
( b ) where the person would have reached the age of one
hundred years;
( c ) where the decree has been revoked in terms of article
526; and
( d ) where the person interdicted or incapacitated has died.
Book accessible to 
public.
 (6) Such book shall, like any other judicial act, be accessible to
any person wishing to see it.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             121
Title V
Amended by: 
V. 1864.1.
O F THE  P RESENTATION AND  P UBLICATION OF  S ECRET  W ILLS
Presentation of 
secret wills. 
Receipt.
Amended by:
V. 1864.1; 
VI. 1880.24.
528. The registrar shall, in the presence of the judge, receive
any secret will presented to him by any testator or notary, and shall
give a receipt therefor to such testator or notary.
Particulars to be 
noted down by 
registrar on 
presentation of 
will. 
Amended by: 
V. 1864.1.
529. The registrar shall, either on the paper on which the will is
written, or on the paper used as an envelope for same, note down
the following particulars:
( a ) the date of the presentation of the will;
( b ) the name, the surname, the name of the father and the
place of residence of the testator;
( c ) by whom the will is presented, that is to say, whether
by the testator himself, or by a notary, and, in the latter
case, the name and surname of the notary;
( d ) if the will is presented by the testator himself, his
declaration that the paper so presented contains his
will; 
( e ) the circumstance of the presence of the judge at the
presentation of the will.
Note of particulars 
to be signed by 
registrar, etc. and 
registered in a 
book. 
Amended by: 
V.1864.1; 
XV. 1913.104.
530. (1) The note of such particulars shall be signed by the
registrar, and countersigned by the testator or notary who shall
have presented the will, and by the judge; and the registrar shall,
within twenty-four hours, register such particulars in a book to be
kept by him for the purpose.
Where testator is 
unable to write.
(2) If the testator declares that he is unable to write, a mention
of such declaration shall take the place of his signature.
Judge to check 
registered 
particulars with 
wills.
(3) A copy of the said book shall be kept by the judge who
shall, at least once every quarter, compare the registered particulars
with the wills which, according to such book, must be in the
custody of the registrar.
Wills to be 
endorsed with act 
of delivery. 
Amended by: 
V.1864.1.
531. (1) The judge shall not allow the registrar to receive from
any notary any secret will, unless it is endorsed with the act of the
delivery made by the testator to the notary.
(2) Nor shall the judge allow the receipt of any will endorsed as
aforesaid, unless such endorsement contains the declaration
required by law to the effect that the paper delivered to the notary
contains the will of the person from whom the notary has received
such paper.
Withdrawal of 
will.
Amended by: 
V. 1864.l.
532. (1) A secret will may not be withdrawn before the time
comes for its opening, except by the testator himself or by an
attorney specially authorized for the purpose.
Act of withdrawal.
the presence of the judge, in the margin or at the foot of the entry in
  122        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
the book referred to in article 530(1) recording the receipt of such
will, a declaration that he has withdrawn the will; and such
declaration shall also be countersigned by the judge.
Appointment of 
time for opening 
and publication of 
will. 
Amended by: 
V.1864.1; 
XV.1913.105. 
Substituted by: 
XXIV. 1995.206.
Amended by:
XI.1999.2.
533. (1) Where a will is to be opened, the court shall by a
decree, upon the application of any party interested, appoint the
day, time and place for the opening and publication of the will, and
order that all interested parties be summoned: those known, by
summons, and those unknown, by means of banns to be posted up
at the entrance of the building in which the court sits and published
in the Government Gazette and in a daily newspaper.
(2) The opening and publication of the will shall not take place
before the expiration of four days from the date of service of the
said summons, or of four days from the date of the posting up of the
banns and their publication whichever is the later.
Opening of will. 
Amended by: 
V.1864.1; 
XXIV. 1995.207.
534. (1) The will shall be opened by the registrar in the
presence of the judge, at the time and place appointed by the decree
of the court, after the signatures affixed by the judge and the
registrar at the foot of the note of the particulars mentioned in
article 530, shall have been verified.
Publication of will. (2) After the will is opened, it shall be published in the
presence of the judge and the registrar, by the notary who had
presented it or, if such notary is dead or absent, or is prevented
from attending on account of sickness or for any other reason, or if
the will had been presented by the testator himself, by a notary to
be selected by the party who made the application for the opening
of the will.
Delivery of will to 
notary.
Amended by: 
V.1864.1; 
XV.1913.106; 
XXIII.1971.22.
535. (1) When the will is published as provided in the last
preceding article, it shall be delivered to the notary by whom the
publication of the will shall have been made.
Receipt. (2) The notary shall, in the presence of the judge, sign a receipt
in the book referred to in article 530; and such receipt shall be
countersigned by the judge.
(3) Any will delivered in terms of sub-article (1) shall not be
deemed to be cancelled from the book referred to in article 530; for
the purpose of any document certifying the existence or non-
existence of secret wills, and there shall be indicated in any such
document, in respect of any such will, the name of the notary who
published it and the date of its publication.
Opening of wills 
older than one 
hundred and fifty 
years.
Added by:
XI.1999.3.
535A. (1) Where any secret wills have been received by the
Registrar in accordance with the provisions of this Title which have
not been withdrawn by the testators, or opened and published, and
one hundred and fifty years have elapsed since the date of the
presentation of the wills, the registrar shall prepare and publish a
list of the said wills in the Gazette.
(2) After the publication of the list mentioned in sub-article (1)
in the Gazette, the court shall establish a day and time in which the
wills mentioned in the list shall be opened in public without the
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             123
necessity of their being read. The court shall then order that the
said wills be transmitted to the archivist of Notarial Acts who shall
register these wills in a book to be kept by him and the other
provisions of this Title regarding the opening and publication of
secret wills shall not apply. The court shall draw up a  procès-verbal
of the opening of the said wills, which shall only state the date and
place of their opening, and whether the document so published
contains a will or not. A copy of such  procès-verbal , together with
those wills shall be transmitted to the archivist of Notarial Acts,
and from that date such wills shall be open to inspection and to the
issue of copies thereof.
Title VI
O F THE  D ECLARATION OF THE  O PENING OF A  S UCCESSION
Declaration of the 
opening of 
succession. 
Substituted by: 
XXIV.1995.208.
536. In the absence of opposition, the declaration of the opening
of a succession may be made by the Civil Court, Second Hall, upon
an application, in favour of any person in whose name a claim
thereto is made. 
Issue and posting 
up of banns. Time 
for opposition. 
Amended by: 
IV. 1868.9; 
XXIV.1995.209.
537. (1) Upon the filing of the application, the court shall
issue banns which shall be published in the Gazette and in at least
one daily newspaper and be posted up at the entrance of the
building in which the court sits, calling upon all parties interested
to enter their opposition by a note, within a time of not less than
eight days nor exceeding one month, to be fixed by the judge.
Commencement of 
time.
(2) Such time shall commence to run from the day on which the
banns are posted up, or last published in either the Gazette or the
periodical newspaper, whichever is the latest.
Publication and 
posting up of 
notice.
(3) The registrar shall cause a notice signed by him, containing
a summary of the contents of the banns, to be published in the
Government Gazette, and affixed in the place in which Government
Notices or other official acts are ordinarily affixed in the city,
suburb or district in which the deceased resided at the time of his
death.
(4) If at the time of his death the deceased did not reside in
Malta, the said notice shall be affixed in the place in which
Government Notices or other official acts are ordinarily affixed in
the city, suburb or district, in Malta, wherein it is proved to the
satisfaction of the court that he has resided within the last ten years
preceding his death; and, failing such proof, the said notice shall be
affixed in the place where Government Notices and other official
acts are ordinarily affixed in Valletta.
(5) Nevertheless it shall in all cases be lawful for the court to
order that the said notice be also affixed in any other place.
Decree of court.  
Substituted by: 
XXIV.1995.210.
538.  At the expiration of the said time, the court, in the absence
of opposition, shall examine the claim of the applicant; and if the
claim appears to be justified, the court shall allow the demand and
shall declare the succession opened in his favour and may, at the
  124        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
request of the applicant, also establish in its decree, the identity of
any other person called to the inheritance and his relative share
therein.
Conservatory 
measures. 
539.  Pending the application and until the expiration of the said
time, it shall be lawful for the court to make any special order with
a view to preserving such hereditary rights or property as might
suffer prejudice or deterioration.
Declaration of 
opening of 
succession not to 
bar action by other 
person before court 
of contentious 
jurisdiction.
540.  The declaration of the opening of a succession in favour of
any person in virtue of a decree of the Civil Court, Second Hall,
shall not operate so as to bar any other person entitled thereto from
claiming the inheritance or any portion thereof before the
competent court of contentious jurisdiction.
Title VII
O F THE  I NVENTORY
Acceptance of 
inheritance with 
benefit of 
inventory to be 
made by a note.  
Amended by: 
V.1864.2.
541.   The declaration by any person that he accepts an
inheritance, whether testamentary or  ab intestato , with the benefit
of inventory, or that he will not accept the inheritance before the
making up of an inventory, shall be made by a note to be filed in
the Civil Court, Second Hall.
Oath by person 
filing the note. 
Amended by: 
V. 1864.2.
542. (1) Upon the filing of such note, the person desiring to
make up the inventory shall swear, before the registrar, that he will
faithfully describe the estate.
(2) The registrar shall at the foot of the note make a mention of
the oath so taken.
Contents of 
inventory.  
Amended by: 
V. 1864.2.
543. (1) The inventory shall contain a description of all the
estate, specifying in detail all wearing apparel and household
goods, gold and silver articles, jewellery, money and other movable
property, the debts due to the deceased, all rights of action and all
immovable property as well as all debts or other liabilities of the
estate.
(2) The inventory shall also state the value of the movable
property, according to a valuation made by experts, unless the
court, if it be satisfied that the absence of such valuation will not be
prejudicial to the parties interested, shall, in lieu of such valuation,
allow a mere statement of the value to be made by the person
making the inventory.
Appointment of 
time for 
publication of 
inventory. 
Amended by:
V. 1864.2.
544. Upon the application of the person making the inventory,
the court shall, by a decree, fix the place, day and time for the
publication of the inventory by a notary to be nominated by the
applicant.
Summoning of 
interested parties, 
Amended by: 
V. 1864.2 .
545.   The court shall, in the said decree, direct that all parties
interested be summoned to be present, if they so desire, at the
publication of the inventory.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             125
by summons, by 
banns. 
Amended by: 
IV.1862.11; 
V. 1864.2;
XXIV. 1995.211.
546. (1) The parties interested shall be summoned: those
known, by summons, and those unknown or uncertain, by means of
banns to be posted up at the entrance of the building in which the
court sits. The registrar shall also publish a notice in the Gazette
and in a daily newspaper inviting all those parties interested to be
present at the publication of the inventory.
(2) The summons as well as the banns shall state the time and
place of the publication of the inventory, and the name of the
notary by whom the publication is to be made.
Publication of 
inventory. 
Amended by: 
V.1864.2; 
XXIV. 1995.212.
547. (1) The publication of inventory shall take place on the
date and at the place and time established by the court.
Interested persons 
may impugn 
inventory.
(2) The inventory, after its publication, may be impugned by
any person interested, even though such person may have been
present at such publication.
Forfeiture of 
benefit. 
Amended by: 
V.1864.2.
548.   The default of compliance with the provisions of the
preceding articles of this Title, with intent to cause prejudice to any
party interested, shall deprive the heir of the benefit of inventory.
Applicability of ss. 
542 to 547 to all 
inventories under 
the authority of the 
Civil Court, 
Second Hall.  
Amended by: 
V. 1864.2; 
XV. 1913.108.
549.   The provisions of articles 542 to 547 inclusive shall apply
to every inventory which, according to law, is to be made under the
authority of the Civil Court, Second Hall.
Title VIII
O F THE  E XECUTION OF  A CTS IN PURSUANCE OF  D ECREES OF 
THE  C IVIL  C OURT,  S ECOND  H ALL
Emancipation.  
Amended by: 
IX. 1886.90; 
XXIV. 1995.213.
550. (1) Emancipation is effected by virtue of the decree by
which it is granted.
(2) Nevertheless, if the court in the decree orders that such
emancipation be effected by means of a notarial deed, the decree
shall not become operative until such deed is executed.
Agreements 
requiring 
authorization of 
court to be effected 
by notarial deed. 
Exception. 
Amended by:
IX. 1886.90.
551.  Any agreement the validity of which is dependent upon
the authorization or leave granted by the court, shall in all cases,
under pain of nullity, be effected by means of a notarial deed:
Provided that this article shall not apply to any obligation
entered in the acts of this court. 
Validity of certain 
obligations 
authorized by the 
Civil Court, 
Second Hall, to 
depend on 
registration in 
Public Registry. 
Amended by: 
XLVI. 1973.108.
552.  The decree of the court shall not make valid any obligation
assumed by any minor in any contract in which other parties have
expressly bound themselves to indemnify such minor, unless such
contract be registered in the Public Registry within one month from
the date of the decree or from the day stated in the decree.
  126        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Period of validity 
of decrees of 
authorization. 
Amended by: 
X.1856.10; 
XV.1983.8.
553.  Any decree granting authorization or leave to enter into
any agreement or to make any waiver shall cease to be operative, if
the deed relating to the said agreement or waiver is not executed
within six months from the date of the decree or from the day stated
in the decree.
Duty of registrar to 
cause registration 
of hypothecs. 
Amended by: 
XI.1859.27; 
VI. 1880.25.
554.  The registrar shall cause every obligation with
hypothecation of property entered in the acts of the court to be
registered in the Public Registry, within four days from the date of
such obligation, unless within such time the registration shall have
been made by any other person.
Duties of notaries. 
Added by: 
XV. 1913.109.
555.  The provisions of article 283 shall apply in the case of
notarial deeds executed in pursuance of decrees of this court. 
Title IX
O F THE  T AXATION OF  C ERTAIN  F EES
Taxing of extra-
judicial fees. 
Amended by: 
VI.1880.26; 
XXXI. 1934.52; 
XXIV.1995.214.
556. (1) Upon the demand of any party interested, the registrar
shall tax the fees due to advocates, notaries public or legal
procurators, for extra-judicial services performed by them, saving
the right of appeal by application, within one month, to the court of
contentious jurisdiction praying that the taxation be amended.
(2) The demand for the taxation of fees shall be made by means
of a note showing the services in respect of which the taxation is
demanded.
(3) f the taxation is demanded by the creditor he shall verify on
oath, before the registrar, the contents of the note.
(4) The said time shall commence to run, in regard to the
person demanding the taxation, from the day on which the taxation
is made, and in regard to the debtor, from the day on which the
taxed bill is served on him.
(5) The expiration of the said time shall not operate so as to bar
the debtor from impugning the existence of the claim or from
proving its extinguishment in any manner admissible according to
law.
Taxing of fees in 
respect of 
proceedings under 
authority of 
superior courts.  
Amended by:
XXIV. 1995.215.
557.  The provisions of the last preceding article shall not
dispense the registrar from taxing the fees due to advocates,
notaries or legal procurators, where such fees, although not relating
to causes brought before the courts, refer to proceedings under the
authority of the courts.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             127
BOOK THIRD
O F  C ERTAIN  M ATTERS RELATING TO  J UDICIAL  P ROCEDURE
 Title I
O F  E VIDENCE
Relevance of 
evidence. 
558.  All evidence must be relevant to the matter in issue
between the parties.
Best evidence to be 
produced. 
559.  In all cases the court shall require the best evidence that
the party may be able to produce.
Rejection of 
irrelevant 
evidence.
Amended by: 
I.1880.1; 
LXII. 1948.3; 
XXIV.1995.216.
560. (1) The court shall disallow any evidence which it
considers to be irrelevant or superfluous, or which it does not
consider to be the best which the party can produce.
Decree on rejection 
of evidence. 
Entry in record of 
disallowance of 
question to 
witness.
(2) Where evidence tendered by any party is disallowed, it
shall be lawful for such party to demand that the ruling of the court
in regard to the disallowing of such evidence be made by a decree;
but, where only a question to a witness has been disallowed, the
party may demand only that a record thereof be made in the
proceedings, in the manner which the court shall, according to
circumstances, direct.
(3) Where in any cause or matter it is not possible, in
consequence of damage to or loss of any court or other document,
for any party to such cause or matter to comply with any
requirement of this Code relating to the formal production of
documents or otherwise, the court may either dispense with such
requirement or give such other directions as the circumstances of
the case require:
Provided that in proceedings before the courts of civil
jurisdiction, the parties to the cause shall be bound to assist the
registrar in compiling a copy of the court records or other
documents which have been damaged or lost and, within such time
as the court may establish, they shall provide the registrar with
such information and documentation in their possession which will
assist the registrar in compiling the court records or other
documents damaged or lost in as full a manner as possible.
Power of court to 
require object of 
evidence.
561.  It shall be lawful for the court to require the party
tendering evidence to state the object of the evidence.
Onus of proof on 
person alleging.
562.  Saving any other provision of the law, the burden of
proving a fact shall, in all cases, rest on the party alleging it. 
  128        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Sub-title I
O F  W ITNESSES
Competency of 
witnesses .
Amended by: 
VII. 1880.14.
563.  All persons of sound mind, unless there are objections
against their competency, shall be admissible as witnesses.
Admissibility of  ex 
parte  expert 
opinion and certain 
expressions of non-
expert opinion. 
Added by: 
XXIV. 1995.217.
563A.  (1) Where a person is called as a witness, his opinion on
any relevant matter on which he is qualified to give expert evidence
shall be admissible in evidence only if, in the opinion of the court,
he is suitably qualified in the relevant matter.
(2) Where a person is called as a witness, a statement of
opinion by him on any relevant matter on which he is not qualified
to give expert evidence, if made as a way of conveying relevant
facts personally perceived by him, is admissible as evidence of
what he perceived.
(3) The opinion given by any person according to the
provisions of this article shall be without prejudice to the
provisions of article 681 and to the court’s power to appoint a
referee according to the provisions of article 646.
Evidence of 
foreign law. 
Added by: 
XXIV. 1995.217.
563B.  (1) A person who is suitably qualified on account of his
knowledge or experience, is competent to give expert evidence as
to the law of any other foreign state, irrespective of whether he has
acted or is entitled to act as an advocate, or in any judicial or legal
capacity in that state.
(2) The provisions of article 563A(3) shall  mutatis mutandis
apply to the provisions of this article.
Age not to 
constitute ground 
of inadmissibility.
564.   Whatever may be the age of a witness whom it is intended
to produce, he is admissible as such, provided he understands that it
is wrong to give false testimony.
Admissibility of 
parties to give 
evidence. 
Amended by: 
XV. 1913.110.
565. (1) Any of the parties to a suit, whatever his interest
therein, shall be competent to give evidence, either at his own
request, or at the request of any of the other parties to the suit, or if
called by the court  ex officio .
(2) The provisions of this Code respecting witnesses shall
apply to such party.
Admissibility of 
husband or wife of 
party to a suit as 
witness. 
Added by: 
XV. 1913.111. 
Amended by: 
XXIV. 1995.218 .
566. (1) The husband or wife of a party to a suit shall be
competent and compellable to give evidence in such suit at the
request of any of the parties thereto:
Provided - 
( a ) that the husband may not be compelled to disclose any
communication made to him by his wife during the
marriage or the wife compelled to disclose any
communication made to her by her husband during the
marriage;
( b ) that the husband or wife may not be compelled to
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             129
answer any question tending to incriminate his wife or
her husband.
(2) The provisions of this Code respecting witnesses shall also
apply in the case of the husband or wife.
Interest in suit not 
to be a bar to 
admissibility of 
witness. 
Amended by: 
XV. 1913.112.
567. No objection to the competency of any witness shall be
admitted on the ground that he is interested in the issue in regard to
which his evidence is required or in the event of the suit, saving
any objection touching his credibility.
Summoning of 
witnesses.  
Amended by: 
IX. 1886.91 .
568. (1) Witnesses shall be summoned to appear by means of a
subpoena to be issued on the application of the party interested. 
When adjournment 
may be granted for 
production of 
witness.
(2) No adjournment of a cause shall be granted for the purpose
of enabling the parties to summon witnesses, or on the ground of
the non-attendance of any witnesses summoned, unless -
( a ) the necessity for the production of the witness arises
during the hearing of the cause; or
( b ) the application for the summoning of the witness has
been made in time to allow an interval sufficient for
the service of the subpoena on the witness and for the
lapse of the term before the expiration of which the
witness, according to the provisions of article 572, is
not bound to attend; or
( c ) by a note, the opposite party gives his consent, in the
manner provided in article 150(1)( c ).
Subpoena  ad 
testificandum. 
Amended by: 
XV.1913.113; 
XV.1983.9.
569. (1) The subpoena shall contain an order to appear at a
stated place and time, for the purpose of giving evidence, whether
before the court, arbitrators, or before referees, or before one or
more officers authorized by law to examine witnesses.
Form and contents 
of writ.
(2) The writ of subpoena shall be in the prescribed form. The
party applying for a subpoena shall fill in the particulars to be
contained in the writ as provided in sub-article (1) and in article
570, and shall file the writ simultaneously with the application for
the issue thereof.
Subpoena  duces 
tecum.
570.  The writ may require the witness to produce any book,
document, or other thing, which belongs to the contending parties
or to any of them, or which is under the charge or custody of such
witness, or which, according to law, he is bound to produce.
Demand for issue 
of subpoena in 
inferior courts. 
Amended by: 
XV.1913.114; 
VIII.1990.3.
571.  In the Court of Magistrates (Malta), and in the Court of
Magistrates (Gozo) in its inferior jurisdiction, the demand for the
issue of a subpoena may be made orally.
  130        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Time for 
attendance of 
witness. 
Amended by: 
XV. 1913.115; 
XLIX.1981.6; 
VIII. 1990.3. 
Substituted by: 
XXIV. 1995.219.
572.  A witness is bound to appear in court on the date and time
prescribed in the subpoena provided that he is served with the said
subpoena four days before such date, which period is to run from
the date of service of the subpoena:
Provided further that it shall be lawful for the court, in urgent
cases, to order any witness to appear from day to day, or from hour
to hour, or even only within such interval of time as may be
necessary for him to appear in court.
Oath as to 
relevancy of 
evidence of 
witness outside the 
jurisdiction.
Deposit of 
allowance.
573.  No witness residing in Malta is bound to attend to give
evidence in Gozo, or vice versa, unless the advocate of the party
applying for such evidence, or the party himself if he has no
advocate, shall swear that in his opinion the evidence is material,
and unless, simultaneously with the issue of the subpoena, he
deposits with the registrar such allowance as may be due to the
witness according to law.
Another person to 
give evidence 
instead of the 
person sub-
poenaed. 
Amended by: 
XXIV. 1995.220.
573A.  Any officer or employee of a government department or
any officer or other employee of any body having a distinct legal
personality may be authorised by the person subpoenaed to give
evidence in his stead on any matter about which he is more
knowledgeable and relating to the said department or body and on
which the said person subpoenaed was required to give evidence:
Provided that the person subpoenaed shall give such evidence
personally if it is so stated in the subpoena.
Persons present in 
court may be called 
to give evidence.
574.  Any person being present in the court may, upon the oral
demand of either of the contending parties, be called upon
forthwith to give evidence, as if he had been summoned to attend
by means of a subpoena.
Penalty for non-
attendance of 
witness duly 
summoned.
575.  If any witness duly summoned fails to appear when called
on, he shall be guilty of contempt of court and shall forthwith be
punished accordingly; and it shall also be lawful for the court, by
means of a warrant of escort or arrest, to compel such witness to
attend for the purpose of giving evidence.
Power of court to 
remit punishment.
576.  In the case referred to in the last preceding article, it shall
be lawful for the court, on good cause being shown to its
satisfaction, to remit the punishment.
Witnesses to be 
examined  viva 
voce. 
Amended by:
IX. 1886.92; 
XV. 1913.116.
577. (1) Save as otherwise provided in this Code, the
witnesses shall be examined in open court at the trial of the action
and  viva voce.
Witnesses may not 
be assisted or 
advised.
 (2) Witnesses may not be assisted or advised by any person.
Oath.  (3) Witnesses shall be sworn previously to their examination,
and the oath shall, unless the law provides otherwise, be
administered to them by the registrar.
Leading or 
suggestive 
questions.
578.  Leading or suggestive questions may not, without special
permission of the court, be put on an examination-in-chief.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             131
Cross-
examination.
579.   The opposite party has the right to cross-examine a
witness; and in such cross-examination leading or suggestive
questions are allowed.
Questions in cross-
examination.
580. (1) In cross-examination, a witness may only be
questioned on the facts deposed in his examination, or on matters
calculated to impeach his credit.
(2) When the party cross-examining desires to prove by the
same witness any circumstance not connected with the facts
deposed in the examination, he must, unless the court, for just
cause, shall direct otherwise, produce such witness in due time and
examine him as his own witness; and in such case, it shall be lawful
for the court, upon the oral demand of such party, to order the
witness not to leave the court in order that he may be again called
and questioned; and such order shall have the effect of the
subpoena mentioned in article 568(1).
Questions arising 
out of answers 
given by witness.
581.  When both the examination and cross-examination are
concluded, no further questions may be put by either of the parties;
but it shall be lawful for the court, or for the party with the
permission of the court, to ask such questions as arise out of the
answers given in the course of the examination or cross-
examination.
Questions by court.
examination or cross-examination, to put to the witness such
questions as it may deem necessary or expedient.
Witness may 
refresh his 
memory.
583.  A witness may refresh his memory by referring to any
writing made by himself or by another person under his direction at
the time when the fact occurred or immediately thereafter, or at any
other time when the fact was fresh in his memory and he knew that
the same was correctly stated in the writing; but in such case, the
writing must be produced and may be seen by the opposite party.
Party producing 
witness may not 
impeach his credit 
by evidence of bad 
character.
584.  A party producing a witness shall not be allowed to
impeach the credit of the witness by evidence of bad character, but
he may contradict him by other evidence, and may also show that
he has made at other times statements inconsistent with his present
testimony.
How opposite 
party may impeach 
witness.
585.  A witness may be impeached by the party against whom he
is called by contradictory evidence, or by evidence that his general
reputation for truth is bad.
Former statement 
to be related to 
witness in case of 
impeachment of 
his credit by 
evidence of former 
statement.
586. (1) Before impeaching the credit of a witness by evidence
that he has made at other times statements inconsistent with his
present testimony, the alleged statements together with the
circumstances of time, place and persons present must be related to
him and he must be asked whether he has made such statements and
he must be allowed to explain them.
(2) If the statements be in writing, they must be shown to the
witness before any question concerning such statements is put to
him.
  132        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Witness bound to 
answer questions 
allowed by court.
587.  The witness shall answer any question which the court
may allow to be put to him; and the court can compel him to do so
by committing him to detention until he shall have sworn and
answered.
Privileged 
communications. 
Amended by: 
XXIV.1995.221.
588. (1) No advocate or legal procurator without the consent
of the client, and no clergyman without the consent of the person
making the confession, may be questioned on such circumstances
as may have been stated by the client to the advocate or legal
procurator in professional confidence in reference to the cause, or
as may have come to the knowledge of the clergyman under the
seal of confession or  loco confessionis.
(2) Unless by order of the court, no accountant, medical
practitioner or marriage counsellor may be questioned on such
circumstances as may have been stated by the client to the said
person in professional confidence or as may have come to his
knowledge in his professional capacity.
Privilege to extend 
to interpreter.
(3) This privilege extends to the interpreter who may have been
employed in connection with such confidential communications. 
Incriminating 
questions.
589.  A witness cannot be compelled to answer any question the
answer to which may subject him to a criminal prosecution.
Discretionary 
power of court as 
to degrading 
questions, etc. 
Amended by: 
XI.1859.28; 
II. 1940.11; 
XXIV.1995.222.
590. (1) It shall be in the discretion of the court to determine,
in each particular case, when a witness is not bound to answer a
particular question on the ground that the answer to such question
might tend to expose his own degradation, or when a witness will
not be compelled to give evidence as to facts the disclosure of
which will be prejudicial to the public interest.
Privilege as to facts 
known  ratione 
officii.
(2) No witness may be compelled to disclose any information
derived from or relating to any document belonging to or in
possession of any civil, military, naval or air force department of
the public service and which is an exempt document under article
637.
Person present at 
trial may not be 
produced as 
witness. 
Discretionary 
power of court.
591.  In general, no person who has been present during the trial
of a cause may be produced as a witness in the same cause;
nevertheless it shall be in the discretion of the court, for just cause,
to dispense with this rule in particular cases.
Witnesses to be 
examined 
separately. 
Confronting 
witnesses. 
Amended by: 
XI. 1858.5; 
XV. 1913.117.
592. (1) Each witness shall be examined separately. It shall,
however, be lawful for the court to allow two or more witnesses to
be confronted with each other; and in any such case, each of the
witnesses may be questioned in the presence of the other witnesses.
Examination of 
referees.
(2) Referees shall be examined in the presence of each other,
unless the court deems it expedient, in any particular case, to
examine each referee separately.
Deaf and dumb 
witnesses, etc.
593. (1) If a witness is deaf and dumb but able to write, the
questions shall be put to him in writing; and in such case the
questions and the answers shall be publicly read out by the
registrar, and afterwards kept in the record of the cause.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             133
(2) If the witness is deaf and dumb and unable to write, it shall
be lawful for the court to appoint as interpreter some person able to
understand him.
(3) If the witness is dumb but not deaf, or vice versa, the court
shall cause his examination to be conducted in such manner as may
appear to it most conducive to ascertain the true testimony of the
witness.
Notes of the 
evidence. 
Amended by: 
Order-in-Council, 
1899,
 s. 12; 
XV.1913.118; 
XVI.1929.7; 
XI.1932.3; 
XXXI.1934.53; 
XXXII. 1965.8; 
XIX.1965.15; 
XI. 1980.3.
594. (1) The substance of the answers given by the witnesses
shall be taken down. Every answer which may have a material
bearing on the merits of the case shall be taken down word for
word:
Provided that in the inferior courts, it shall be sufficient that
notes of the evidence of the witnesses be taken down in brief.
Reading over of 
evidence to 
witness.
(2) The notes of the evidence so taken down shall be read over
to the witness, and, after being signed by the registrar, shall be filed
in original in the record of the cause.
Fact of reading of 
evidence to be 
recorded.
(3) The fact of the reading over of the notes of the evidence to
the witness shall be recorded at the foot thereof before they are
signed as aforesaid.
Alterations, 
corrections or 
additions.
(4) The notes of the evidence shall be clearly and legibly
typewritten or written in ink. Any alteration, correction or addition
required to be made before or after the reading over of such notes
to the witness, shall be made by means of a postil in the margin or
at the foot of the notes, to be countersigned by the registrar, and
any cancellation shall be made in such manner as to leave the
words cancelled distinctly legible.
Inclusion of notes 
of evidence in 
record not to bar 
recalling of witness 
before appellate 
court.
(5) The inclusion of the notes of the evidence in the record
shall not operate so as to bar any witness heard before the court
below from being recalled before the appellate court either by the
parties or upon an order of the court  ex officio.
Employment of 
stenographers. 
Added by: 
XXXI.1934.54. 
Amended by: 
XII. 1978.6.
595. (1) Notwithstanding the provisions of the last preceding
article, the court may, at the request of both parties, or, having
regard to the circumstances of the case,  ex officio ,   order that the
answers given by the witnesses, or the substance thereof, be taken
down in shorthand by means of stenographers appointed for the
purpose or be recorded by electromagnetic means. Shorthand notes
shall be taken down in indelible ink and signed on each page by the
stenographers and shall, together with the transcript, be inserted in
original in the record. The electromagnetic recording shall be
transcribed under the direction of the registrar and the transcript
shall be inserted in the record. In either case, the transcript may be
handwritten or typewritten and shall be read over to the witness,
during or after the sitting, by the registrar who shall make a note of
such reading at the foot of the transcript.
(2) Should the witness desire to correct or add anything in or to
  134        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
the deposition as transcribed, the registrar shall make a note of such
addition or correction, and in any such case it shall be lawful for
either of the parties to reproduce the witness before the court in
order that he may confirm the addition or correction.
(3) The witness may be called upon to appear before the
registrar by means of a letter signed by him, and the provisions of
this Code enforcing the attendance of witnesses shall apply to any
such witness so called upon.
(4) The party producing the witnesses shall deposit with the
registrar an amount sufficient to secure the stenographers’ or
recording fees.
Employment of 
interpreter. 
Amended by: 
XV.1913.119; 
XXXI.1934.55; 
L.N. 46 of 1965; 
XXIV. 1995.223.
596. (1) If the court does not understand the language in which
the evidence is given, it shall appoint a qualified interpreter at the
provisional expense of the party producing the witness.
Oath by 
interpreter.
(2) The official interpreter shall, on entering upon the duties of
his office, swear before the court that he will faithfully report the
words of the witnesses.
Oath by interpreter 
appointed by court.
(3) The interpreter appointed by the court shall take the said
oath previously to the examination of the witness.
Registrar to 
administer oath.
(4) The oath shall be administered to the interpreter by the
registrar.
Objection to 
interpreter.
(5) Any interpreter may be objected to on good cause shown.
Examination or 
cross-examination 
not to be 
interrupted.
597.   The examination or cross-examination of any witness shall
not be interrupted, without leave of the court.
Hearsay evidence.  
Amended by: 
XV. 1913.120.
598. (1) As a rule, the court shall not consider any testimony
respecting facts the knowledge of which the witness states to have
obtained from the relation or information of third persons who can
be produced to give evidence of such facts.
(2) The court may, either  ex officio  or upon the objection of
any party, rule out or disallow any question tending to elicit any
such testimony.
(3) Nevertheless the court may require the witness to mention
the person from whom he obtained knowledge of the facts to which
any such question refers.
When hearsay 
evidence is 
admissible. 
Amended by: 
XV.1913.121.
599. The court may, according to circumstances, allow and take
into consideration any testimony on the relation of third persons,
where such relation has of itself a material bearing on the subject-
matter in issue or forms part thereof; or where such third persons
cannot be produced to give evidence and the facts are such as
cannot otherwise be fully proved, especially in cases relating to
births, marriages, deaths, absence, easements, boundaries,
possession, usage, public historical facts, reputation or character,
words or deeds of persons who are dead or absent and who had no
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             135
interest to say or write a falsehood, and to other facts of general or
public interest or of public notoriety.
Dying 
declarations, etc.  
Amended by:
V.1913.122.
600.  It shall be lawful to produce any declaration made in
writing in any place before a magistrate or other person, whether  in
articulo mortis  or at any other time, in the presence or in the
absence of the parties, with or without oath, provided it is shown
that such declaration was made deliberately and in such
circumstances as lead to the belief that there was no intention to
depart from the truth, and that the party who made such declaration
would have been a competent witness if he could be called to give
his evidence at the trial.
Arrest of false 
witness. 
Amended by: 
VIII. 1990.3.
601. (1) Where it appears to the court that a witness has
become guilty of false testimony, it shall order that he be forthwith
arrested, and shall cause a copy of the acts to be transmitted,
without delay, through the registrar, to the Court of Magistrates in
order that proceedings may be taken according to law.
Stay of 
proceedings.
(2) In  any such case,  it  shall be lawful for the court, upon the
oral demand of either of the parties, to stay the proceedings in the
action in which the witness has deposed, until the criminal
proceed ings  against the witness shall have terminated, provided this
may be done without prejudice to the other party, and provided the
testimony impeached as false be such as to be likely to bear
substantially on the merits of the cause.
Addition or 
correction by 
witness or 
interpreter. 
Amended by: 
XXXI.1934.57.
602. (1) If the witness or interpreter, at any time before the
hearing of the cause is concluded, wishes to make any addition or
correction, the court shall allow such addition or correction and
shall give weight thereto according to circumstances.
(2) Any such addition or correction shall be noted down and
certified  in  accordance with the provisions of articles 594 and 595.
Identification of 
persons or objects.
603.  In order to prove the identity of any person or object it
shall not be necessary that the witness should point out such person
from among other persons, or pick out such object from among
other similar objects, unless the court should think it expedient to
adopt such course.
Witness not to 
leave court.
604.  No witness may leave the court until he is dismissed by
the court.
Communication 
between witnesses.
605.  It shall be lawful for the court, either of its own motion or
upon the demand of the parties, to prevent any witness who has
been examined from holding any communication whatever with
any other witness who is about to be examined.
Examination of 
witness about to 
leave Malta, etc.
Amended by:
X. 1856.11;
IV. 1868.10;
IX. 1886.93;
XV. 1913.123; 
VIII. 1990.3; 
XXIV. 1995.224;
XXXI. 2002.155.
606. (1) Where any person whose evidence is required in a
cause which is pending, is about to leave Malta, or is so infirm or
advanced in years that he might die or become unable to give his
evidence before the time when such cause will come up for trial, or
is unable to attend the trial, it shall be lawful for the court, saving
the cases referred to in article 611, to commit the examination of
such person to a judicial assistant; and in any such case, the
questions put to the witness, together with his answers thereto,
shall be taken down in writing, and the deposition shall be signed
  136        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
or marked by the witness himself.
Form of demand 
for examination.
(2) The demand for the examination of any person as provided
in subarticle (1), if made before the day appointed for the trial or
the continuation of the trial of the cause, shall be by an application
and the applicant shall swear that he has reason to believe that the
witness is about to leave Malta or is unable to appear before the
court, as the case may be; during the hearing such demand may be
made orally.
Examination of 
witness outside 
jurisdiction of 
court.
(3) Where the cause is pending before any of the superior
courts, or before the Court of Magistrates (Malta), and the person
to be examined under the provisions of this article is in the Island
of Gozo or of Comino, it shall be lawful for the court to commit the
examination of such person to a judicial assistant; and where the
cause is pending before the Court of Magistrates (Gozo), and the
person to be examined as aforesaid is in the Island of Malta, it shall
be lawful for the court to commit the examination of such person to
a judicial assistant.
Judicial assistant to 
administer oath.
(4) In the cases referred to in this article, the oath may be
administered by the judicial assistant.
(5) The party by whom the evidence is required shall, before
the order of the court is carried out, deposit with the registrar a
sufficient sum to cover any expense which may be incurred for the
execution of the order; and in default of such deposit, it shall be
lawful for the court to decide the cause without such evidence.
Judicial assistant to 
take down 
objections to 
competency or 
credit of witnesses.  
Amended by:
XXIV. 1995.225.
Substituted by:
XXXI. 2002.156.
607.   The judicial assistant shall record any objection raised by the
contending parties against the competency or credibility of any
witness .
Examination of 
witness under 
article 606 may be 
ordered at any 
stage of the 
proceedings.
608.  An examination under the provisions of article 606 may be
ordered at any stage of the proceedings.
Signing and 
sealing of 
deposition.
Substituted by:
XXXI. 2002.157.
609.   Any deposition taken in the manner provided in articles 606
and 607 shall also be signed by the judicial assistant, and shall then be
sealed by the Registrar, and filed in the record of the proceedings.
Deposition may 
be taken 
independently of 
reasons mentioned 
in article 606.
Added by:
XV. 1913.124.
Amended by:
XXVII. 1979.19;
XXIV. 1995.226;
XXXI. 2002.158.
610. (1) The provisions of article 606 shall, independently of
the reasons mentioned in that article, apply also in any case in
which, in an action before the Civil Court, First Hall, a demand to
that effect is made, by means of a note, by all parties to the action,
and also in the case where the court so orders.
(2) In any such case, the provisions of the last part of article
606(1) shall not apply; but the answers given by the witnesses shall
be taken down in the manner provided in article 594(1), and the
deposition shall be signed or marked by the witness and
countersigned by the judicial assistant who shall transmit it to the
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             137
registrar.
Witnesses or 
questions objected 
to.
(3) If any question shall arise before a judicial assistant as to
the competency or relevancy of a witness, or as to the admissibility
or relevancy of any question put to a witness, the judicial assistant
shall decide the question and record his decision, saving the right
of the party aggrieved, in the case of rejection of the witness or
question, to apply to the court.
(4) All other provisions of this Code relating to the
examination of witnesses before the court shall apply to any
examination under this article, in so far as they are applicable.
Re-examination of 
witness in court.
(5) Nothing in this article contained shall prevent the court
from ordering, either of its own motion or upon the demand of any
of the parties, where necessary, that a witness examined under the
provisions of this article be recalled and re-examined before it.
Examination of 
witness about to 
leave Malta, etc., 
whose evidence is 
required before 
inferior courts. 
Amended by: 
X.1856.12; 
XV.1913.125,126 
XXIX.1939.3; 
L.N. 4 of 1963; 
L.N. 46 of 1965; 
XXXI.1966.2; 
LVIII.1974.68; 
VIII.1990.3; 
XXIV. 1995.227.
611. (1) Where the evidence of any person as provided in
article 606 is required before the Court of Magistrates (Malta), or
before the Court of Magistrates (Gozo) in its inferior jurisdiction,
the witness shall be examined by the magistrate himself, but in the
latter case the magistrate shall reduce the evidence to writing and
shall cause it to be signed or marked by the witness.
(2) Whenever the Magistrate of the Court of Magistrates
(Gozo) is temporarily absent from Gozo with the permission of the
Minister responsible for justice, or is, through a lawful impediment,
precluded from performing his duties, the registrar of the said court
may be authorized by the Attorney General to take the evidence of
any person as provided in article 606 and to administer the
necessary oath.
(3) Nevertheless, the provisions of article 606(3) shall be
applicable to any of the courts mentioned in sub-article (1) where
the person to be examined is not in the Island or Islands where the
court, before which the evidence is required, sits.
Applicability of 
article 606 in cases 
of witnesses 
disallowed by 
court of first 
instance.
612. (1) The provisions of article 606 shall also apply in the
case where, for the reasons set out in that article, there are
sufficient grounds to believe that a witness whose production has
been disallowed in the court of first instance will not be able to
attend before the appellate court.
(2) In any such case, the examination of the witness shall be
ordered by the court before which the cause is pending, but the
deposition shall be kept closed and sealed until the appellate court
shall have declared the witness to be competent.
Evidence of person 
residing abroad. 
Amended by: 
XI.1977.2; 
VIII.1990.3; 
XXIV.1995.228.  
Stay of 
proceedings.
613.  Where it is made to appear to the satisfaction of any of the
superior courts, or of the Court of Magistrates (Gozo) in its
superior jurisdiction, that the evidence of any person who is absent
from Malta is indispensable for the determination of any cause
pending before any of such courts, it shall be lawful for the court to
make an order declaring the examination of such witness to be
necessary and the court may stay the proceedings after having
complied with the provisions of article 158 and adjourn the cause to
  138        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
a time within which such evidence is to be obtained.
Form of 
application for 
letters of request.  
Amended by: 
XV. 1913.127; 
XXIV. 1995.229. 
Production of 
interrogatories.
614. (1) The demand for any such examination shall be by
application if made at any time before the hearing of the cause, or
oral if made during the hearing; and in either case, the party
demanding the examination shall produce the interrogatories
reduced into writing, and state the name and address of the person
who is to represent him during the examination.
Translation of 
interrogatories.
(2) The court shall not receive such interrogatories if they are
not accompanied by a translation in the language of the place where
the witness is to be examined, unless it is made to appear to the
satisfaction of the court that it is impracticable to prepare such
translation; in which case, a note of such fact shall be entered in the
record of the cause and mention thereof shall be made in the letters
of request referred to in article 618.
Translation to be 
verified on oath.
(3) Any such translation shall be signed, and its correctness
verified on oath before the registrar, by the translator.
Oath by person 
applying for letters 
of request.
615.   The party demanding the examination shall affirm upon
oath that he knows, or, that he possesses information which he has
sufficient reason to believe to be true, that the proposed witness is
in the place stated by him and that such witness is in a position to
certify the truth of the facts stated in the interrogatories.
Opposite party 
may appoint a 
representative. 
Amended by: 
XXIV.1995.230.
616.  If the demand referred to in article 614 is allowed, the
opposite party shall have the right to appoint a person to represent
him at the time of the examination, the name and address of such
person being stated to the court within the time fixed in the decree.
Interrogatories to 
be accessible to 
opposite party. 
Substituted by: 
XXIV. 1995.231.
617.   A copy of the interrogatories reduced into writing shall be
served on the opposite party or on his advocate.
Drawing up of 
letter of request.
618.   On the expiration of the time referred to in article 616, the
registrar, upon a decree to be made by the court for the purpose,
shall draw up a letter of request addressed to one of the judges or
magistrates of the place in which the request is to be executed, or to
any other person or persons as stated in the decree, requesting such
judge, magistrate or other person or persons to examine on oath the
witness; a copy of the decree and of the interrogatories shall be
annexed to the letter of request which shall contain the name and
description of the persons appointed by the parties as their agents.
Transmission of 
letter of request 
and documents to 
Minister 
responsible for 
justice. 
Amended by: 
L.N. 4 of 1963; 
XXIV. 1995.232.
619.  The letter of request referred to in the last preceding
article, together with the accompanying documents, shall be
transmitted by the registrar to the Minister responsible for justice,
who shall forward it to the proper authorities with a request that it
may be executed.
Duty of person 
demanding 
examination.
620.  It shall be the duty of the party demanding the
examination to solicit the authority or person requested to take the
examination, to carry out such examination in accordance with the
terms of the letter of request.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             139
Method of 
examination by 
interrogatories. 
Powers of 
examiner.
621.  Before the authority or person requested to take the
examination, the questions shall be put according to the
interrogatories transmitted with the letter of request, and, in cross-
examination, there shall be put such other questions as the agent of
the opposite party may require; the examiner may also put any
other questions which, as a result of the answers given, he may
deem or the agent of the party demanding the examination may
show to be necessary or expedient.
Notice of time and 
place of 
examination to be 
given to 
representatives of 
parties. 
Examination to be 
reduced into 
writing. 
Amended by: 
L.N. 4 of 1963; 
XXIV. 1995.233.
622. (1) The agents of the contending parties duly informed by
the authority or person requested to take the examination shall
attend on the day and at the place appointed for the examination;
and it shall be the duty of the agent of the party producing the
evidence to bring with him the witness to be examined; the
examination shall be reduced into writing, signed or marked by the
witness and signed by the examiner.
Provisions of this 
article to be stated 
in letter of request.
(2) The provisions of sub-article (1) shall be duly stated in the
letter of request, which shall also contain a request to the effect that
the said authority or person will transmit the examination, when
completed, to the Minister responsible for justice, who shall cause
it to be forwarded to the court.
Evidence by 
affidavit of witness 
residing abroad. 
Added by: 
XXIV.1995.234.
622A.  (1) Notwithstanding the provisions of articles 613 to 622,
where the evidence of a witness residing outside Malta is required,
and such person has made an affidavit about facts within his
knowledge before an authority or other person who is by the law of
the country where the witness resides empowered to administer
oaths, or before a consular officer of Malta serving in the country
where the witness resides, such affidavit duly authenticated may be
produced in evidence before a court in Malta; and the provisions of
articles 623, 624 and 625 shall apply to such affidavits.
(2) The affidavit so obtained shall be served on the opposite
party or parties, and any party to the proceedings desiring to cross-
examine such a witness shall apply to the court for the examination
of such witness by letters of request not later than twenty days from
the service of the affidavit; and the provisions of this Code relative
to letters of request shall apply with such modifications and
adaptations as may be necessary.
(3) If no application is made as aforesaid no cross-examination
of the witness shall be allowed unless the court for a good reason
otherwise directs; and the affidavit shall be taken into consideration
notwithstanding the absence of cross-examination.
(4) Notwithstanding the foregoing provisions of this article, if
the parties agree, and the court deems it proper so to act, the court
may make such other provisions concerning the conduct of the
cross-examination as may be appropriate according to
circumstances.
  140        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Audio-recording or 
video-recording of 
evidence.
Added by:
XXXI. 2002.159.
622B.  Without prejudice to the provisions of article 622A, the court
may, if it deems it proper so to act, allow for the audio-recording or for
the video-recording of any evidence required from a witness as
aforesaid, in accordance with such codes of practice as the Minister
responsible for justice may, by regulations, prescribe.
Resumption of 
trial. 
Amended by: 
XXIV.1995.235.
623.  When the court shall have received the examination, or if
the authority or person requested to take the examination shall have
reported that it was not possible to take the same, either because the
witness was not produced, or for any other cause, or if, in the
opinion of the court, having regard to the distance of the place and
to all other circumstances, sufficient time has elapsed without the
examination having been received, it shall be lawful for the court,
of its own motion or upon the application of the party interested, to
order that the cause be set down for hearing, tried and determined.
Production of 
evidence taken 
upon letters of 
request. 
Amended by: 
XXIV. 1995.236.
624. (1) The examination taken in accordance with the
provisions of articles 613 to 620 inclusive, may be produced as
evidence not only in the court of first instance and in the appellate
court, but also in the appellate court only, whenever the
examination, although ordered by a decree of the court of first
instance, shall have been received after the cause has passed to the
appellate court.
(2) If the cause in which the examination was ordered has
terminated and has subsequently been re-instituted in terms of law,
the examination may also be produced both before the court of first
instance and before the appellate court.
Reading of 
depositions in 
court. 
Amended by: 
XXII. 1976.4.
625. (1) The depositions of witnesses taken in the manner
provided in articles 606, and 613 to 624, shall be read at the trial of
the cause, if at the time of such trial, the witnesses who had been so
examined be dead, or unable to attend, or kept out of the way by
means of the procurement of the opposite party, or absent from
Malta.
(2) Such depositions, although taken during the pendency of
the cause before the court of first instance, may be made use of also
before the appellate court, provided the impediment referred to in
this article continues to exist.
Examination of 
witnesses by 
referee. 
Amended by: 
IX. 1886.95;
XXXI. 1934.58.
626. (1) It shall be lawful for the court, in making an order of
reference, to empower the referee to examine witnesses and to
administer oaths.
Production before 
court of witnesses 
heard by referee.
(2) Any witness examined by the referee may, by leave of
court, be again produced before the court, and it shall also be
lawful for the court of its own motion to order the production of
any such witness.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             141
Sub-title II
O F  D OCUMENTARY  E VIDENCE
Documents 
requiring no proof 
of authenticity 
other than that 
which they bear on 
the face of them. 
Amended by: 
L.N. 4 of 1963; 
XI.1973.377; 
XXII. 1976.4; 
XXIV.1995.237;
XXIV.1995.357.
627.   The following documents shall be admissible in evidence
without the necessity of any proof of their authenticity other than
that which appears on the face of them, and shall, until the contrary
is proved, be evidence of their contents:
( a ) the acts of the Government of Malta, signed by the
Minister or by the head of the department from which
they emanate, or in his absence, by the deputy,
assistant, or other officer next in rank, authorized to
sign such acts;
( b ) the registers of any department of the Government of
Malta;
( c ) all public acts signed by the competent authorities, and
contained in the Government Gazette;
( d ) the acts of the Government of Malta printed under the
authority of the Government and duly published;
( e ) the acts and registers of the courts of justice and of the
ecclesiastical courts, in Malta;
( f ) the certificates issued from the Public Registry Office
and the Land Registry;
( g ) the sea-protest made under the authority of the Civil
Court, First Hall;
Cap. 234.
( h ) the documents mentioned in article 68, in article 95(3),
in article 227 and, in so far as it applies article 227, in
article 274 of the Merchant Shipping Act, as provided
in the said provisions. 
Acts of foreign 
Governments, etc. 
Amended by: 
XXII. 1976.4.
628.  The acts of any foreign Government, or of any department
of a foreign Government, or of foreign courts of justice, or of any
foreign establishment, authenticated by the diplomatic or consular
representative of the Government of Malta in the country from
which they emanate, or by a person serving in a diplomatic,
consular or other foreign service of any country which by
arrangement with the Government of Malta has undertaken to
represent this Government’s interests in that country, or by any
other competent authority in the country from which they emanate,
shall also be admissible as evidence in the same manner as the
documents mentioned in the last preceding article.
Acts requiring 
proof of 
authenticity. 
Amended by: 
XI.1973.377.
629.  The following documents are admissible and shall, until
the contrary is proved, be evidence of their contents, provided their
authenticity be proved:
( a ) the acts and registers of any establishment, or public
body, authorized or recognized by law or by the
Government;
( b ) the parochial acts and registers relative to births,
marriages and deaths, and the dispositions made
  142        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
according to law in the presence of a parish priest;
( c ) the acts and registers of notaries public in Malta;
( d ) the books of traders kept according to law, only with
regard to any agreement or other transaction of a
commercial nature;
( e ) the books of public brokers kept according to law, with
regard to anything which may have taken place
between contracting parties in commercial matters;
Cap. 234.
( f ) the documents mentioned in article 134(3), in article
176(2) and in article 190(6) of the Merchant Shipping
Act, as provided in the said provisions.
Acts and registers 
of foreign notaries. 
630.  The acts and registers of notaries public of other countries,
authenticated in the manner provided in article 628, shall be
admissible and shall be evidence of their contents, in the same
manner as the acts mentioned in article 627.
Traders’ books, 
etc., to constitute 
evidence against 
traders, etc.
631.  The books of traders and ships’ books shall constitute
evidence against the traders themselves or the masters or owners of
the ships, notwithstanding that such books are not kept according to
law.
Declarations 
against interest, 
etc.
632. (1) Any declaration made by a party against his interest,
or any other writing containing any admission, agreement, or
obligation is admissible as evidence.
Material objects. (2) Any writing, whether printed or not, and any inscription,
seal, banner, instrument or tool of any art or trade, tally or score,
map, sign or mark, which may furnish information, explanation or
ground of inference in respect of the facts of the suit, are
admissible as evidence.
Defective public 
act which may be 
admissible in 
evidence as private 
writing.
633.  Any act which, by reason of the incompetence or
incapacity of the officer by whom it was drawn up, compiled, or
published, or which, owing to the absence of some formality
prescribed by law, has not the force of a public act, shall be
admissible as evidence as a private writing between the parties, if
the parties have signed or marked the same, or if it is proved that
such act has been drawn up or signed by some other person acting
on their instructions. 
Rules of evidence 
as to signatures or 
marks.  
Amended by:
IX. 1886.96; 
XV.1913.128; 
XII.1924.5; 
II.1947.2; 
XV.1983.10; 
XXI.1993.87; 
XXIV. 1995.238.
634. (1) A person against whom any paper apparently signed
by him is produced, is bound to declare positively whether the
writing or signature is his own or not, and in default of such
declaration, such writing or signature shall, until the contrary is
proved, be deemed to be his own.
(2) Any signature or mark attested by an advocate, a notary or a
legal procurator shall, unless the contrary is proved, be deemed to
be genuine if in the attestation it is declared by the advocate or
notary or legal procurator that such signature or mark was
subscribed or set in his presence and, where the person cannot sign
his name, in the presence of two witnesses whose signature appears
on the act, and that he has personally ascertained the identity of the
persons setting such signature or mark.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             143
Cap. 16.
any signature or mark attested by a parish priest in the manner
provided in sub-article (2) shall also, unless the contrary is proved,
be deemed to be genuine.
Modes of proving 
handwriting.
635. Where it shall be necessary to ascertain the handwriting of
any person by whom a document has been written or signed, such
proof may be made - 
( a ) by the person who wrote or signed the document
acknowledging his own handwriting;
( b ) by means of witnesses who actually saw the person
write or sign the document;
( c ) by means of witnesses who, although they have not
seen the person write or sign the document, are
acquainted with his handwriting;
( d ) by the comparison of handwritings, or by other
circumstances or presumptions;
( e ) by means of experts in handwriting, in cases of
writings difficult to verify.
Copies.
articles 627, 628 and in article 629( a ),   ( b ),   ( c )   and   ( e ) are
admissible as evidence.
Authenticity 
thereof.
(2) Copies shall be deemed to be authentic, when they are made
in the form prescribed by law by the officer by whom the original
was received or is preserved, or by the person lawfully authorized
for the purpose.
Probatory force.
originals.
Sub-title III
O F THE  D EMAND FOR THE  P RODUCTION OF  D OCUMENTS
Actio ad 
exhibendum. 
Amended by: 
XI.1859.29,30; 
VI.1880.27; 
XV.1913.129; 
II.1940.12; 
XXIV.1995.239.
637. (1) It shall be lawful to demand the production of
documents which are in the possession of other persons - 
( a ) if such documents are the property of the party
demanding the production thereof;
( b ) if such documents belong in common to the party
demanding their production and to the party against
whom the demand is made;
( c ) if the party demanding the production of the
documents, although he is not the owner or a co-owner
thereof, shows that he has an interest that such
documents be produced by the other party to the suit;
( d ) if the person possessing the documents, not being a
party to the suit, does not declare on oath that,
independently of any favour for either side, he has
special reasons not to produce the documents;
  144        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
( e ) if the documents are public acts, or acts intended to
constitute evidence in the interest of the public in
general.
(2) It shall be lawful for the court to order the production only
of such part of books or other documents as relate to the matter in
issue.
Privileged 
documents.
(3) It shall not be lawful to demand the production of any
exempt document which forms part of any correspondence of any
civil, military, naval or air force department or of any report
belonging to any such department.
(4) For the purposes of sub-article (3), a document is an exempt
document if - 
( a ) disclosure of the document would be contrary to the
public interest for the reason that the disclosure - 
(i) would, or could reasonably be expected to, cause
damage to - 
( a ) the security of Malta;
( b ) the defence of Malta; or
( c ) the international relations of Malta; or
(ii) would divulge any information or matter
communicated in confidence by or on behalf of a
foreign government, an authority of a foreign
government or an international organization to
the Government of Malta; 
( b ) it is a Cabinet document, that is to say - 
(i) a document that has been submitted to the
Cabinet for its consideration or is proposed by a
Minister to be so submitted, being a document
that was brought into existence for the purpose
of submission for consideration by the Cabinet;
(ii) an official record of the Cabinet;
(iii) a document that is a copy of, or of a part of, or
contains an extract from a document referred to
in sub-paragraphs (i) and (ii) of this paragraph;
or
(iv) a document the disclosure of which would
involve the disclosure of any deliberation or
decision of the Cabinet, other than a document
by which a decision of the Cabinet was
published; 
( c ) it is a document which would disclose matters in the
nature of, or relating to, opinion, advice or
recommendation obtained, prepared or recorded, or
consultation or deliberation that has taken place, in the
course of, or for the purpose of the deliberative
processes involved in the functions of a Ministry,
Government department, authority, corporation or
parastatal entity;
( d ) it is a document that would, or could reasonably be
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             145
expected to -
(i) prejudice the conduct of any investigation of a
breach, or possible breach, of the law, or
prejudice the enforcement or proper
administration of the law in a particular
instance;
(ii) disclose, or enable a person to ascertain the
existence or identity of a confidential source of
information; or
(iii) endanger the life or physical safety of any
person; 
( e ) it is a document that would or could reasonably be
expected to - 
(i) prejudice the fair trial of a person or the
impartial adjudication of a particular case;
(ii) disclose lawful methods or procedures for
preventing, detecting, investigating, or dealing
with matters arising out of, breaches or evasions
of the law, the disclosure of which would, or
would reasonably be likely to, prejudice the
effectiveness of those methods or procedures; or
(iii) prejudice the maintenance or enforcement of
lawful methods for the protection of public
safety;
( f ) there is in force any law applicable to information of a
kind contained in the document and prohibiting
persons referred to in the law from disclosing
information of that kind.
Cap. 9.
shall not be lawful to demand the production of any  procès-verbal ,
record of inquiry, or other document relating to criminal matters,
unless such  procès-verbal , record of inquiry, or document be
deposited in the registry.
(6) Where the Prime Minister is satisfied that the disclosure of
the existence or contents of any document referred to in sub-article
(4) would be contrary to the public interest for any reason therein
stated, he may sign a certificate to that effect specifying that
reason, and such a certificate, so long as it remains in force,
establishes conclusively that the document is an exempt document
and where such a certificate is produced it shall constitute final and
conclusive proof that the document is one as is referred to in sub-
article (4) and is an exempt document in terms of sub-article (3),
and no court shall have jurisdiction to enquire thereon.
Documents kept by 
administrator 
presumed to 
belong to person 
whose estate he 
administers.
638. (1) Any person whose affairs are administered by another
person, shall be deemed to be the owner of the books or other
documents kept by the administrator in the discharge of his
functions.
  146        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Documents 
relating to 
successions, etc. to 
be deemed 
common property.
(2) Documents relating to any succession, partition, or
partnership, or to the affairs of any bankrupt debtor, shall be
deemed to be common property.
Court to decide as 
to interest of party 
demanding 
production of 
documents.
(3) It shall rest with the court to decide as to the interest of the
party demanding the production, regard being had to the nature of
the case and to the nature of the document the production of which
is demanded.
Contents of 
demand for 
production of 
documents.
639.  The demand for the production of documents shall state
the nature of the documents, and all the particulars which may be
known to the party making the demand.
Form of demand 
for production of 
documents. 
Amended by: 
XXIV. 1995.240.
640.  Where the demand for the production of documents is
made by one contending party against another, it shall be made in
the same manner as the demand for a reference to the oath of the
opposite party; and where such demand is made against third
parties, it shall be made by application or in the subpoena to give
evidence as witness.
Proof of possession 
of documents.
641.  In all cases, the party demanding the production of the
document must prove that the document is in the possession of the
person from whom the production is demanded.
Time in which 
demand for 
production of 
documents may be 
made.
642.   The production of documents may be demanded at any
stage of the cause, so long as evidence may still be adduced.
Indirect proof 
arising from 
default of 
production.
643.  It shall be lawful for the court to consider the contents of a
document to be as averred by the party demanding its production, if
the opposite party, notwithstanding the order of the court, refuses
to produce such document.
Sub-title IV
  O F  R EFEREES
Order of reference. 
Amended by: 
XXIV. 1995.241.
644.  The proof by means of a referee or referees is ordered on
the demand of the parties or one of them, or by the court of its own
motion.
Contents of order. 
Amended by: 
XII.1985.14. 
Substituted by: 
XXIV. 1995.242.
645. (1) The court shall not appoint a referee solely for the
purpose of examining witnesses on oath and taking down their
depositions in writing and establishing the relevant facts.
(2) In the decree appointing the referee, the court shall -
( a ) state the object of the reference;
( b ) fix the day and time when the referee is to conduct an
inspection  in faciem loci  where necessary;
( c ) give directions for the guidance of the referee in the
execution of his task.
(3) The court may at any time, at the request of the registrar or
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             147
on its own motion, order the referee to return the records of the
cause that are in his possession, to the registrar there to remain for
such time as shall be specified in that order. In case of non-
compliance with the court’s order, the referee shall without
prejudice to any other proceedings which may be instituted against
him be guilty of contempt of court.
(4) The court may order the referee to attend for the hearing of
the trial and to put to the witnesses any questions he may deem
necessary or relevant to enable him to complete his report.
(5) Where affidavits have been filed in the registry of the court,
the referee shall be served with a copy of such affidavits before the
hearing. 
Appointment of 
referee. 
Amended by: 
XXXI.1934.59. 
Substituted by: 
XXIV. 1995.243.
646. (1) Where the parties agree on the submission of a name
of a referee, the court shall appoint the referee agreed upon by the
parties.
(2) Where the parties fail to agree, the court shall appoint a
referee of its own choice.
No person may 
have more than 
two references at 
the same time. 
Added by: 
IV.1934.2.
Amended by: 
XV.1940.2; 
XXIV.1995.244.
647. *  (1) No person may be appointed as a referee in any cause
or matter if such person has already two references upon neither of
which he has yet filed his final report; and any appointment made
in violation of this provision shall be null and void:
Exceptions.
( a ) in any cause or matter which requires special technical
knowledge if the number of persons possessing such
special technical knowledge is very limited; or
( b ) where the necessity arises of referring to the same
referee the consideration of further questions raised in
the same cause or matter;
( c ) to the appointment of additional referees in accordance
with the provisions of this Code.
In the case provided under paragraph ( a ),   the court shall in the
order of reference state the reasons for appointing the person
mentioned in the order.
Book of 
references.
(2) The registrar shall keep a record of any order of reference
made by the court stating the date of the order and the date on
which the referee shall have filed his report.
Challenge of 
referees.
648.   A referee may be challenged by any of the parties on good
cause being shown to the court.
Good cause for 
challenge.
649.  Repealed by: XXIV. 1995.246.
Time for making 
peremptory 
challenge.
650.   Repealed by: XXIV. 1995.246. 
* See  Rule published by Government Notice No.106 of 1937.
  148        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Power of court. 651.   Repealed by: XXIV. 1995.246. 
Challenge of 
referee named by 
court.  
Amended by: 
IV. 1862.12.
652.   Repealed by: XXIV. 1995.246.
Time for 
challenging referee 
for good cause. 
Amended by: 
XXIV. 1995.247.
653.  A referee may be challenged for good cause at any time
until he has filed his report, provided the party making the
challenge declares upon oath that he was not aware of such cause at
the time of the appointment, and that he never appeared before the
referee, nor performed any act before him, from the time when he
became aware of such cause.
Mode of making 
challenges for 
cause.
654.  Challenges for any cause existing and known at the time of
the appointment of the referee shall be made orally during the
hearing; and challenges for any cause supervening after the
appointment, or which, although existing previously to the
appointment, was unknown, shall be made by an application
demanding the appointment of another referee in his stead.
Hearing of grounds 
of objection. 
Amended by: 
XV.1913.130; 
XXIV. 1995.248.
655. (1) Upon any such application, the court shall make an
order suspending the proceedings before the referee and shall
appoint a day for the hearing of the grounds of the objection.
Decree not subject 
to appeal.
(2) The decree of the court allowing or disallowing the
objection shall not be subject to appeal.
Appointment of 
another referee.
(3) Where the court allows the objection, it shall in the same
decree appoint another referee.
Service of order of 
reference on 
referee. 
Amended by: 
XV.1913.130. 
Substituted by: 
XXIV. 1995.249.
656.  The decree making the order of reference shall be served
by order of the court on the referee.
Declination of 
appointment. 
Amended by: 
XV. 1913.130.
657. (1) Any referee who declines the appointment shall give
notice in writing of his refusal to the registrar, within two days
from the service of the decree.
Tacit acceptance. (2) Failing such notice, the referee shall be deemed to have
accepted the appointment.
Duties of registrar. (3) The registrar, upon recording the refusal, shall forthwith by
letter call upon the parties to appear on a date to be fixed by the
court in order that another referee may be appointed in case the
refusal is accepted by the court.
Penalty for certain 
persons refusing 
without reasonable 
excuse to act as 
referees. 
Amended by: 
XV. 1913.130.
658.  If the referee appointed by the court is a person duly
authorized by the Government to act as an expert, or to exercise
any trade or profession, and such referee shall, without reasonable
excuse, refuse to accept the appointment, it shall be lawful for the
court which made the appointment to interdict him from acting as
referee in any of the superior or inferior courts for a period not
exceeding six months.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             149
Penalty for default 
of referee to carry 
out reference. 
Amended by: 
XV.1913.130.
659.  Any referee who, after having accepted the appointment,
shall, without reasonable excuse, fail to attend on the day and at the
time fixed for the carrying out of the reference, may be condemned
in costs and damages.
Submissions by 
parties to referees. 
Amended by: 
XV 1913.130.
660.  The parties or their advocates or legal procurators, as the
case may be, may, in the course of the proceedings before the
referee, make such submissions as they may consider to be in their
interest, and a mention thereof shall be made by the referee in his
report.
Sittings of referees.  
Amended by: 
XV. 1913.130.
661.  If for the carrying out of the reference one sitting is not
sufficient, the referee may hold other sittings on such days and at
such time as he may fix.
Extension of time 
to carry out 
reference. 
Amended by: 
XV.1913.130; 
XXIV. 1995.250.
662.  If the referee is for any just cause unable to carry out the
reference within the appointed time, he may, before the expiration
of that time, apply for an extension provided that the court may for
good and sufficient grounds, to be recorded, grant a further
extension or extensions.
Penalty for 
delaying or 
refusing to file 
report without 
reasonable excuse. 
Amended by: 
XV. 1913.130.
663.  If any referee shall, without reasonable excuse, delay the
report or refuse to file the report within the prescribed time,
original or enlarged, his appointment shall  ipso facto  lapse and the
court shall  ex officio  appoint another referee in his stead; in which
case he shall not be entitled to any fee or reimbursement and shall
be liable for costs and damages.
Summoning of 
witnesses before 
referees. Penalty 
for non-attendance 
of witnesses. 
Amended by: 
XV. 1913.130.
664. (1) The court shall issue writs of subpoena to witnesses to
appear before the referee, and if any such witness fails to attend,
the court shall, upon a report in writing by the referee, proceed in
the manner provided in article 575.
(2) The provisions of article 569(2) shall apply to such writs.
Contents of report. 
Amended by: 
XV.1913.130; 
XIX.1965.16; 
XXIV. 1995.251.
665. (1) The report of the referee shall state the inquiries made
and his findings together with the grounds of such findings.
Annexes to report.
of the witnesses shall be annexed to the report.
When plans and 
models may be 
annexed to report.
(3) The report shall not be supplemented by plans or models,
unless the court so directs or the parties give their consent thereto. 
Signing of report 
by referee.
(4) The report shall be signed by the referee or referees as the
case may be unless otherwise provided by the court.
Report to be 
legibly written.
(5) The report shall be clearly and legibly typewritten or written
in ink.
Taxation of fee due 
to referees. 
Amended by: 
XV. 1913.130; 
XXIV. 1995.252.
666. (1) Before the day appointed for the publication of the
report, or on the same day, but before the cause is called, the
referee shall present his report unsealed to the registrar for the
taxation of his fees in accordance with the Tariffs in Schedule A
annexed to this Code.
Report not 
accessible until 
fees are paid.
(2) Except where otherwise provided, the referee shall not be
required to publish his report until the fee taxed by the registrar has
  150        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
been paid to him or deposited with the registrar, and the registrar
shall not disclose to any person any part of the report, until the fee
has been paid or deposited as aforesaid, under penalty of paying to
the referee the fees due to him.
Insertion of report 
in record.
(3) Upon the payment or deposit as aforesaid, the registrar
shall insert the report in the record of the cause and such report
shall thereupon be accessible in the same manner as other parts of
the record.
Appeal by referee 
or party from 
taxation of fee.
Time for appeal. 
Amended by: 
XV. 1913.130; 
XXI. 1934.60; 
XXIV. 1995.253.
667. (1) Any referee or party may appeal from a taxation made
under the last preceding article to the court by which the referee
was appointed, whatever the amount taxed or claimed, within eight
days from the day mentioned in article 672 or, where the attendance
of the referee has been dispensed with as provided in that article,
from the day on which the referee or the contending parties shall
have been notified of the taxation by letter of the registrar.
Form of appeal. (2) Pending the decision of the cause in which the order of
reference was made, such appeal may be entered by means of a
note.
(3) After the decision, such appeal shall be by application and
shall be heard by the court summarily.
Directions of court. (4) If the appeal appears  prima facie  justified, the court shall,
after hearing the parties, direct the registrar to make a fresh
taxation.
By whom fee of 
referee is to be 
provisionally paid.
Amended by: 
IV. 1862.13; 
XV. 1913.130; 
XXIV. 1995.254.
668. (1) The decree ordering the reference shall state the party
by whom the fee of the referee shall provisionally be paid or
deposited.
(2) When the reference is required by the plaintiff to prove
some fact upon which he relies for his claim, the fee of the referees
shall provisionally be paid or deposited by the plaintiff.
(3) In all other cases, it shall be in the discretion of the court to
determine whether, and if so, in what proportion, each of the parties
shall provisionally bear a part of such fee, regard being had to the
respective interest of the parties to the action.
Court may order 
deposit of fee due 
to referee. 
Amended by: 
IV. 1862.13; 
XV. 1913.130. 
Substituted by: 
XXIV. 1995.255.
669.   The court may in the decree appointing the referee or at
any time before the referee presents his report to the registrar, order
the party by whom the fee is to be provisionally paid, to deposit
with the registrar, within such time as the court shall direct, a sum
which, in the opinion of the court, approximately corresponds to
the fee which will be due to the referee.
When court may 
decide cause 
without the 
reference. 
Amended by: 
IV. 1862.13; 
XV.1913.130. 
Substituted by: 
XXIV.1995.256 .
670.  The court may decide the cause without the reference or
independently of the evidence produced before the referee - 
( a ) where the reference was not carried out within the
original or extended time, for some cause attributable
to the party in whose interest the order of reference
was made; or 
( b ) where the fee taxed in favour of the referee as
provided in article 666 has not been paid or deposited;
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             151
or
( c ) where the deposit mentioned in the last preceding
article has not been made.
Referee to divide 
fee in cases where 
parties are 
admitted to sue or 
to defend with the 
benefit of legal aid. 
Amended by: 
XV.1913.130; 
XXIII.1971.23; 
XXIV. 1995.257.
671. (1) Where one of the parties to an action has been
admitted to sue or to defend with the benefit of legal aid, the
referee shall be entitled to such part of the fee as may have been
paid by the party not appearing with such benefit:
Provided that the referee shall be entitled to claim the other part
of the fee if the party not appearing with the benefit of legal aid is
condemned in costs.
(2) Where both parties appear with the benefit of legal aid, the
referee, if he belongs to the class of persons mentioned in article
658, shall publish his report, although he may not have been paid
the fee; and in the case of other referees, the fee will be paid by
Government.
Publication of 
report. 
Amended by: 
IV.1862.14; 
XV.1913.130; 
XXIV.1995.258.
672. (1) On the day appointed for the publication of the report,
the referee shall attend before the court for the object of publicly
reading it out and confirming it on oath, unless his attendance is
dispensed with by the court.
Oath.
registrar.
Time for 
examination of 
report. 
Amended by: 
XV. 1913.130; 
XXIV. 1995.259.
673.  The court shall allow the parties time to consider the
report and to make their submissions thereon.
Additional 
referees. 
Substituted by: 
XXIV. 1995.260.
674. (1) It shall be lawful for the court, on the demand of any
of the parties, to proceed to the appointment of additional referees
who shall make their report on reaching a majority decision on the
subject of the reference.
(2) Where the findings have been arrived at by a majority of
votes, the report shall include a mention of the fact that there has
been a dissenting member, what constituted the dissent as well as
the grounds thereof.
(3) Subject to the provisions of this article, the provisions of
this Sub-title shall  mutatis mutandis  apply to additional referees.
Average of 
amounts assessed 
by referees.
675.   Where the subject-matter of the reference is a valuation or
an assessment, it shall be lawful for the court, in either of the cases
referred to in the last preceding article, on the demand of any of the
parties, to appoint two additional referees; and upon their report, to
fix an average of the amounts found in all the disagreeing reports.
When additional 
referee cannot be 
appointed.
676.  Repealed by: XXIV. 1995.261.
  152        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Time for making 
demand for 
additional referees. 
Amended by: 
XXXI.1934.61. 
Substituted by: 
XXIV. 1995.262.
677. (1) The demand for the appointment of additional
referees shall be made by means of a note to be filed within ten
days.
(2) Such time shall commence to run from the date of the
publication of the report. If the referees have been dispensed from
attending before the court according to the provisions of article
672(1), such time shall commence to run from the date of the
receipt by the party or his legal procurator of a notice signed by the
registrar, stating that the report has been published.
Appointment of 
additional referees.
678. (1) The additional referees, whatever their number, shall
be appointed by the court, unless the parties agree as to the referees
to be appointed.
Challenges for 
good cause.
(2) The additional referees may be challenged for good cause. 
Inadmissibility of 
fresh documents or 
witnesses after the 
filing of the report.  
Amended by: 
XV.1913.130.
679.   Where authority has been granted to the referees to receive
documents or to examine witnesses, no further documents or
witnesses on the subject-matter of the reference shall be admissible
before the court, except in the cases as provided in article
150(1)( a ),   ( b ),   ( c ),   ( d )   and   ( e ) and in article 208(1)( a ),   ( b )   and   ( d ).
Examination of 
referees. 
Amended by: 
XV.1913.130; 
XXXI. 1934.62.
680. (1) The referees may be examined and cross-examined on
their report in the same manner as witnesses.
(2) The provisions of articles 594 and 595 shall apply to the
answers given by the referees.
Court not bound to 
adopt report.  
Added by: 
XV. 1913.130.
681.   The court is not bound to adopt the report of the referees
against its own conviction.
When reference is 
permitted before 
appellate court. 
Added by: 
XV. 1913.130.
682. In an appellate court, no reference may be ordered, except
in the following cases:
( a ) where there was no reference made in the court below
and no express renunciation of such reference was
made;
( b ) where the subject-matter of the reference is, wholly or
in part, different from that of the reference made in the
court below, or in respect of which there was a
renunciation; 
( c ) where the directions given to the referee by the court
below were, in the opinion of the appellate court,
defective or insufficient;
( d ) where the appellate court is of opinion that the report
is not so complete as to enable it to decide the cause: 
Provided that nothing in this article shall operate so as to bar the
appellate court from requiring further elucidations from the
referees appointed by the court below.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             153
Sub-title V
O F  I NSPECTION  IN FACIEM LOCI
Inspection  in 
faciem loci.
683.  It shall he lawful for the court, on the demand of the
parties or of its own motion, to order an inspection of the place,
whenever it may deem it expedient for the disposal of the cause.
Contents of decree.
place, appoint the day and time for the inspection, and may also
order one referee or three referees to attend.
Service of decree 
on referees. 
Amended by: 
XXIV.1995.263.
685.   The decree shall be communicated to the parties and to the
referee or referees in the manner provided in and for the purposes
of article 656.
Deputing judicial 
assistant for 
inspections outside 
jurisdiction of 
court.
Amended by:
XXXI. 2002.160.
686.  Where an inspection outside the jurisdiction of the court is
necessary, the court may in the decree delegate a judicial assistant
to hold the inspection and to perform all acts relative thereto.
Presence of one 
member of court to 
be sufficient.
687.   Repealed by: XXIV.1995.264.
Court to repair to 
place at the 
appointed time.
688. (1) On the day and at the time appointed, the court shall
repair to the place of inspection.
Attendance of 
parties.
(2) The contending parties may, and, if their attendance is
required shall, be present at such inspection.
Parties may be 
represented by 
advocates, etc.
(3) In all cases, the parties may he represented or assisted by
their advocates or legal procurators.
Record of 
inspection.
689.  A record of the inspection shall he kept by the registrar in
the form of a  procès-verbal.
Directions to 
referees.
690.   The court shall, whensoever it may deem it necessary,
order the referee or referees to draw up plans and to state the
measurements, the distance, and any other thing which the court
may consider conducive to the object of the inquiry.
Examination of 
witnesses. 
691.  It shall be lawful for the court either to examine the
witnesses at the place of inspection, or to reserve examining them
during the hearing in court.
Costs of 
inspection.
692.  As regards the payment or deposit of the expenses of the
inspection, the provisions respecting proof by referees shall apply. 
  154        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Sub-title VI
O F THE  P ROOF BY  A DMISSION OR BY  R EFERENCE TO THE  O ATH
OF THE OTHER  P ARTY
Admission made in 
or out of court.
693.   Any admission of a fact whether written or verbal, made in
or out of court, may be received in evidence against the party who
made it.
Probatory force of 
admissions made 
out of court. 
Amended by: 
IV. 1862.15.
694. (1) An extrajudicial admission is no evidence except
against the party who made it.
Admission made 
upon reference to 
oath of party.
(2) An admission made upon a reference to the oath of one of
the parties may be received in evidence of a fact even against the
other parties to the suit.
Part of admission 
worthy of credit to 
constitute 
evidence.
(3) In all cases, only such part of an admission as the court may
deem worthy of credit shall constitute evidence.
Declarations, etc., 
made by advocate, 
etc., can be 
withdrawn at any 
time before 
judgment.
695. (1) Any declaration or statement made, whether  viva voce
or in writing, by any advocate or legal procurator, can be
withdrawn by a note at any stage of the suit, even in the appellate
court, before judgment is given, provided it shall not be proved that
the advocate or legal procurator made the declaration or statement
with the special authority of the party.
Mere presentation 
of act by party not 
to constitute proof 
of authority by 
party to advocate, 
etc.
(2) The presentation of an act in court by the party personally,
shall not of itself, without other circumstances, be evidence that the
declaration or statement of fact was made by the advocate or legal
procurator with the special authority of the party.
Reference to oath 
of defendant. 
Amended by: 
XV.1913.131; 
XXXI.1934.63; 
VIII.1990.3; 
XXIV. 1995.265.
696. (1) In the superior courts and in the Court of Magistrates
(Gozo) in its superior jurisdiction, a plaintiff who intends to furnish
evidence by a reference to the oath of the defendant shall give him
notice thereof in the written pleading commencing proceedings.
(2) Where the plaintiff omits to give the defendant such notice
as provided in sub-article (1), he shall, at least two days before the
day appointed for the hearing of the cause, present a note in the
registry in order that the defendant may be informed, by letter of
the registrar, that reference to his oath is required.
(3) The letter shall be drawn up by the plaintiff and shall he
filed simultaneously with the note.
Reference to oath 
of plaintiff. 
Amended by: 
XV.1913.132; 
XXIV. 1995.266.
697.  The provisions of sub-article (1) of the last preceding
article shall apply in the case where the defendant requires
reference to the oath of the plaintiff.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             155
Non-appearance of 
party to whose oath 
reference is 
required. 
Amended by: 
XV.1913.133,134;
XXXI. 1934.64; 
XXIV. 1995.267.
698. (1) If the party, to whose oath reference is required, fails
to appear on the day appointed for the trial, the party referring
shall, upon the issues being settled, make a declaration to the effect
that he intends making such reference and shall present questions
and statements which shall be formulated in an affirmative manner
as to require an affirmative answer which shall be sealed by the
registrar.
(2) If the party to whose oath reference is made fails to appear
on the day to which the court shall adjourn the trial of the cause,
without good cause being shown for his non-appearance, the
questions shall be deemed to be admitted and accepted.
In the superior 
courts, questions to 
be in writing. 
Amended by: 
VIII. 1990.3; 
XXIV. 1995.268.
699. (1) In all courts of civil jurisdiction, the questions shall
be made in writing.
Approval of 
questions by court. 
(2) The questions shall, during the hearing of the cause, be
presented to the court for approval.
Written questions 
to be clear, etc. 
Amended by: 
XXIV. 1995.269.
700. (1) The questions shall be clear, concise and numbered,
and signed by the advocate or legal procurator, as the case may be,
or by the party referring.
Exclusion of 
superfluous 
questions.
(2) In all cases, questions which are superfluous or which the
court may deem it fit to reject, may be cancelled or rejected. 
Affirmative or 
interrogative form 
of questions.
701.   Repealed by: XXIV. 1995.270.
Demand for 
reference to oath in 
inferior courts. 
Amended by: 
XV.1913.135; 
XXIII. 1971.24; 
XIII.1983.5; 
XII.1985.15; 
VIII.1990.3; 
XXIV. 1995.271.
702. (1) In the Court of Magistrates (Malta) and in the Court
of Magistrates (Gozo) in its inferior jurisdiction, the demand by the
plaintiff for the reference to the oath of the defendant shall be made
in the notice referred to in article 171.
(2) If the reference is required by the defendant, the demand
shall be made orally, either before or during the hearing of the
cause; and in the former case notice of such demand shall be given
to the plaintiff.
Non-appearance of 
party to whose oath 
reference is 
required.
(3) If the party to whose oath reference is required fails to
appear on the day appointed for the trial -
 ( a ) the questions as taken down by the court shall be
deemed to be admitted, unless good cause is shown for
his non-appearance, in any case other than cases for
ejectment or eviction from immovable property, in
which the claim before the court does not exceed the
amount of two hundred and fifty liri;
( b ) the court shall adjourn the trial to a date not later than
fifteen days from the date of the sitting, unless the
party making the reference renounces thereto, in any
case for ejectment or eviction from immovable
property or in any case in which the claim before the
court exceeds the amount of two hundred and fifty liri,
  156        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
and the questions as taken down by the court shall be
deemed to be admitted if the party to whose oath
reference is required, without good cause being shown
for his non-appearance, fails again to appear on the
day to which the court has adjourned the case as
aforesaid.
Replies to 
questions.
703.  The party to whose oath reference is made shall answer in
terms of the questions.
Taking of answers 
to questions. 
Amended by: 
XXXI.1934.65; 
II.1940.13. 
Substituted by: 
XXXII.1965.8. 
Amended by: 
XXIV.1995.272. 
Cap. 189.
704. (1) The provisions of article 2( e ) of the Judicial
Proceedings (Use of English Language) Act, shall  mutatis mutandis
apply to the answers to the questions in all courts.
(2) Such answers shall be certified by the registrar and shall
form part of the record.
Further queries. 705. (1) It shall be lawful for the court to put or allow the
party referring to put to the other party to whose oath reference is
made any query which, although not included in the interrogatories,
is connected with the subject-matter of the questions, or tends to
elicit true and precise answers on the matter of the questions.
(2) The answers to any such queries shall also be taken down
and certified by the registrar, and shall be inserted in the record. 
Deputing judicial 
assistant to take 
answers upon a 
reference to oath. 
Amended by:
XV. 1913.136;
XXIV. 1995.273;
XXXI. 2002.161.
706. (1) Where the party to whose oath reference is required is
lawfully prevented from appearing in court, it shall be lawful for
the court, on the demand of the other party, to order that the
answers to the questions be taken, on the day and at the time to be
stated in the order, at the place of abode of the party to whose oath
reference is required, by a judicial assistant; and such order shall be
served on the person or persons to whose oath reference is required.
The party seeking the reference shall pay for such service, saving
any right of reimbursement thereof in terms of the eventual
decision of the court.
Attendance of 
parties, etc.
(2) It shall be lawful for the opposite party and for the
advocates or legal procurators to attend.
Answers to be 
taken down and 
signed by judicial 
assistant.
(3) The answers shall be taken down and signed at the end
thereof by the judicial assistant.
Applicability of 
subarticles  ( 4 )  and 
( 5 )  of s.606.
(4) The provisions of article 606(4) and (5) shall apply in the
case provided for in this article.
Reference to oath 
of other parties not 
under impediment. 
Amended by: 
XV. 1913.137;
XXIV. 1995.274;
XXXI. 2002.162.
707. (1) Where, in the same cause, reference is required to the
oath of other parties in respect of whom there is not the impediment
stated in the last preceding article, it shall be lawful for the court to
order that the depositions of such other parties under the reference
be taken, one after the other, on the same day, by a judicial
assistant at the place of abode of the party in respect of whom there
exists the impediment, immediately after the deposition of such
party under the reference, and in the same manner as provided in
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             157
that article; and such order shall be served on the person or persons
to whose oath reference is required. The party seeking the reference
shall pay for such service, saving any right of reimbursement
thereof in terms of the eventual decision of the court.
(2) In any case under this article, the oath may likewise be
administered by a judicial assistant.
Before inferior 
courts reference to 
be taken by sitting 
magistrate. 
Amended by: 
X.1856.13; 
VIII.1990.3; 
XXIV.1995.275.
708.  In the cases referred to in the last two preceding articles, if
the cause is pending before the Court of Magistrates (Malta), or
before the Court of Magistrates (Gozo) in its inferior jurisdiction,
the reference shall be taken by the magistrate before whom the
cause is pending.
Applicability of 
sub-articles  ( 3 ) ,  ( 4 )  
and  ( 5 )  of article 
606 where party to 
whose oath 
reference is 
required, is outside 
jurisdiction. 
Added by: 
IX. 1886.97. 
Amended by: 
XV.1913.138.
709.  In the cases referred to in articles 706 and 707, if the cause
is pending in Malta and the party to whose oath reference is
required is in the Island of Gozo or Comino, or if the cause is
pending in Gozo and the party to whose oath reference is required
is in the Island of Malta, the provisions of article 606(3), (4) and
(5) shall apply with regard to the person by whom the deposition
under the reference is to be taken and the oath administered, as well
as with regard to the person by whom the expenses are to be
prepaid.
Power to forbid 
presence of one 
party during 
deposition of 
another.
710.  Repealed by: XXIV. 1995.276.
Reference to oath 
of party absent not 
allowed.
711.  It shall not be lawful to make reference to the oath of any
party who is absent from Malta.
Deputing judicial 
assistant to take 
deposition upon 
reference of party 
who might die 
before day of trial. 
Amended by:
VIII. 1990.3;
XXIV. 1995.277;
XXXI. 2002.163.
712. (1) Where any party to a cause pending in any of the
superior courts, or in the Court of Magistrates (Gozo) in its
superior jurisdiction, desires to make a reference to the oath of the
other party and has reasons to fear that at the time of the hearing of
the cause, such party might be dead or unable, through absence
from the country, or sickness, to attend, it shall be lawful for the
party requiring the reference to demand, by means of an
application, that a judicial assistant be deputed to take down the
deposition on the reference in the manner laid down in articles 706
and 707, provided he presents, simultaneously with the application,
the questions, and the court considers such questions to be
admissible; and if the court accedes to the party’s request as
aforesaid, the order of the court shall be served on the person or
persons to whose oath reference is required. The party seeking the
reference shall pay for such service, saving any right of
reimbursement thereof in terms of the eventual decision of the
court.
(2) Where the impediment anticipated be that of absence, the
court shall appoint the place where the deposition on the reference
is to be taken.
  158        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Evidence by 
reference 
admissible at any 
stage of 
proceedings.
713.   Reference to the oath of the other party shall be competent
in all cases, whether before or after the production of other
evidence, both before the first court and before the appellate court.
Evidence by 
reference may not 
be refused, even if 
no other evidence 
is available.
714.  It shall not be lawful to refuse evidence by reference to the
oath of the other party, even though no other evidence is available
in support of the claim or defence in respect of which the reference
is required.
Subject-matter of 
reference.
715. (1) A reference to oath may be made in regard to the
whole matter in issue, or to any part thereof, as well as in regard to
any particular fact connected with the cause.
(2) Before the appellate court a reference to oath may be made
in regard to facts not included in the questions presented before the
court below; and it shall also be lawful for the appellate court upon
a demand to that effect to order an explanation in regard to answers
given before the court below.
Power to defer 
back questions.
716. (1) The party to whose oath reference is made may defer
back the questions or any part thereof to the party referring.
(2) The provisions of this article shall not apply unless the
matter relates to a  factum proprium  of the party referring.
For the purposes of this article, any act whatsoever in which the
party referring participated or of which he has personal knowledge
shall be deemed to be a  factum proprium  of such party, whether he
appears in the proceedings in his own name or in the name of
others.
Refusal of party to 
whom reference is 
made to answer or 
defer back 
questions.
717. (1) Where the party to whose oath a reference is made,
refuses to answer the questions or, in the cases provided under the
last preceding article, fails to defer them back to the oath of his
adversary, the questions shall be deemed to be proved in favour of
the party referring.
Refusal of party 
referring to answer 
questions deferred 
back to him.
(2) Where, in the cases allowed by law, the questions have
been deferred back to the party referring and such party refuses to
answer them, the questions shall be deemed to be proved against
him.
Retracting of 
questions.
718.   The party referring or deferring may not retract the
questions, if the adversary declares that he is prepared to answer.
Party present in 
court to declare 
whether he intends 
answering or 
deferring back 
questions.
719.  The party to whose oath a reference is made shall, if
present at the hearing of the cause, forthwith declare whether he
proposes to answer the questions, or to defer them back to the
adversary.
Suppletory oath. 720.  Where the evidence produced is not of itself sufficient to
establish the proof required, and the court is of opinion that such
evidence, if supplemented by the oath of the party, would establish
to its satisfaction the proof required, it shall be lawful for the court
to require a suppletory oath.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             159
Oath may be 
administered 
before or after 
judgment. 
721.  The suppletory oath may be administered either during the
hearing of the cause, or after the judgment if expressly ordered by
such judgment.
Judgment to fix 
time within which 
suppletory oath is 
to be taken.
722.  The judgment ordering the suppletory oath shall fix the
time within which such oath is to be taken.
Oath  in litem.
through the negligence or fraud of the opposite party, unable to
prove the amount, or the quantity, in whole or in part, due to him,
he shall be admitted, if the court deems it proper, to the oath  in
litem.
(2) The party may also be admitted to such oath, independently
of any negligence or fraud of the opposite party, provided there are
sufficient inferences in support of the alleged amount or quantity.
Party admitted to 
oath  in litem  to 
produce list of 
sums, etc., due.
724.  The party applying to be admitted to the oath  in litem ,
shall produce a list showing distinctly the sums or things due to
him, and the amount or quantity in regard to which the oath is to be
taken, together with a declaration to the effect that he is prepared to
verify on oath the contents of such list, both as regards the
existence as well as the amount or quantity of the sums or things
stated therein.
Power of court.
by the court in so far as, having regard to all the circumstances of
the case, it shall deem it just:
Provided that it shall be lawful for the court to require further
elucidations and for such purpose to appoint one or more experts. 
Applicability of 
sub-ss.  ( 3 ) ,  ( 4 )  and 
( 5 )  of s.606.
726.  The provisions of article 606(3), (4) and (5) may also be
applied in the case of any of the oaths referred to in articles 720 and
723, if the party whose oath is required is residing outside the
jurisdiction of the superior or inferior court by which the oath is
ordained.
Oaths to be 
administered by 
registrar. 
Amended by: 
X.1856.14; 
XV.1913.140; 
XXIV. 1995.278.
727.  Saving the provisions of articles 706, 707 and 708 and of
the last preceding article, the oaths referred to in the foregoing
articles of this sub-title shall be administered by the registrar.
  160        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Title II 
O F  P LEAS 
Sub-title 1
O F  P LEAS GENERALLY
Pleas to be raised 
in note of pleas or 
answer. 
Amended by: 
XIII. 1964.22. 
Substituted by: 
XXIV. 1995.279.
728. (1) Subject to the provisions of article 731 in actions
instituted by writ of summons or by application, all pleas whether
dilatory or touching the merits shall be raised in the note of pleas or
in the answer, as the case may be. Those pleas touching the merits
shall be raised without prejudice to the dilatory pleas.
(2) No other pleas can be set up at a later stage; provided that
the court may on an application by the defendant or respondent
allow the setting up of additional pleas, if it is satisfied that there
were valid reasons for not including them in the note of pleas or in
the answer. 
Power of court to 
hear merits of case 
in order to dispose 
of preliminary 
plea.
729.  If the court deems it expedient, before proceeding further,
to deal with the dilatory plea, the court may hear the merits so far
as the same may affect the decision on the preliminary issue.
Certain pleas to be 
determined under 
separate heads. 
Amended by: 
IX. 1886.98.
730.  Any plea to the jurisdiction of the court or to the capacity
of the parties, and any plea of compromise, arbitration,  res
judicata , prescription, or nullity of acts, shall be determined under
a separate head, either before, or together with the decision on the
merits.
Pleas which may 
be raised at any 
stage of 
proceedings. 
Substituted by: 
XXIV. 1995.280.
731.  The provisions of article 728 shall not apply to such pleas
as by an express provision of this Code may be raised at any stage
of the proceedings, or to pleas the reason for which arises during
the trial.
Peremptory pleas.
Amended by: 
IX. 1886.99.
732. (1) Saving always the provisions of this Code respecting
the production of evidence, peremptory pleas may be raised even
before the appellate court although they may not have been raised
before the court of first instance.
(2) Nevertheless, the plea of desertion of a cause shall be
deemed to have been waived, if not raised before any other
peremptory plea.
Sub-title II
O F THE  C HALLENGE OF  J UDGES AND MAGISTRATES AND OF 
S URROGATION 
Challenge or 
abstention of 
judge.  
Amended by: 
L.N.148 of 1975.
733.   The judges may not be challenged, nor may they abstain
from sitting in any cause brought before the court in which they are
appointed to sit, except for any of the reasons hereinafter
mentioned.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             161
Grounds for 
challenge or 
abstention of 
judge. 
Amended by: 
XLVI. 1973.108; 
XXIV.1995.281.
734. (1) A judge may be challenged or abstain from sitting in a
cause - 
( a ) if he is related by consanguinity or affinity in a direct
line to any of the parties;
( b ) if he is related by consanguinity in the degree of
brother, uncle or nephew, grand-uncle or grandnephew
or cousin, to any of the parties, or if he is related by
affinity in the degree of brother, uncle, or nephew, to
any of the parties;
( c ) if he is the tutor, curator, or presumptive heir of any of
the parties; if he is or has been the agent of any of the
parties to the suit; if he is the administrator of any
establishment or partnership involved in the suit, or if
any of the parties is his presumptive heir;
( d )    (i) if he had given advice, pleaded or written on the
cause or on any other matter connected
therewith or dependant thereon;
(ii) if he had previously taken cognizance of the
cause as a judge or as an arbitrator:
Provided that this shall not apply to any
decision delivered by the judge which did not
definitely dispose of the merits in issue or to any
judgment of non-suit of the plaintiff;
(iii) if he has made any disbursement in respect of
the cause;
(iv) if he has given evidence or if any of the parties
proposes to call him as a witness;
( e ) if he, or his spouse, is directly or indirectly interested
in the event of the suit;
( f ) if the advocate or legal procurator pleading before a
judge is the son or daughter, spouse or ascendant of
the said judge;
( g ) if the judge or his spouse has a case pending against
any of the parties to the suit of happens to be his
creditor or debtor in such manner as may reasonably
give rise to suspicion of a direct or indiret interest that
may influence the outcome of the case. 
(2) A judge may be challenged or abstain from sitting in a
cause when he has previously taken cognizance of and expressed
himself on the same merits of that cause when sitting as a judge in
the Civil Court, Second Hall.
Abstention by 
judge. Written or 
oral declaration 
thereanent.
735. (1) Any judge being aware of the existence in his respect
of any of the grounds of challenge mentioned in the last preceding
article, shall make a declaration to that effect previously to the trial
of the cause, either verbally in open court, in which case a record of
such declaration shall be entered in the proceedings of the cause, or
in writing, in which case it shall be lodged in the registry before the
day appointed for the trial of the cause, notice thereof being given
to the parties.
  162        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Judge may hear 
and determine 
cause, if parties 
give their consent 
thereto.
(2) Nevertheless, it shall be lawful for the judge to hear and
determine the cause if the parties shall expressly give their consent
thereto, unless, in the particular circumstances of the case, he shall
deem it proper to abstain from sitting notwithstanding such
consent.
Judge to sign writs 
of summons or 
warrants 
notwithstanding 
that he is otherwise 
precluded from 
dealing with cause.
736.   The existence of any of the grounds of challenge
mentioned in article 734 shall not preclude the judge from signing,
where necessary, any writ of summons or warrant.
Objection to judge 
to be made in open 
court.
737.  Any objection to a judge shall be raised by the parties in
open court, and the reasons thereof shall be alleged and, where
necessary, proved.
Decision on 
grounds of 
challenge or 
abstention.
738. (1) Where the court consists only of one judge and such
judge is objected to, he himself shall decide on the alleged ground
of challenge, and no appeal shall lie against his decision, and he
shall either abstain from sitting and rule that a surrogation of
another judge is required, or else proceed with the trial, as the case
may be.
(2) Where the court consists of more than one judge, all the
judges, including the one objected to, shall decide on the ground of
challenge, and where there is any reason to doubt as to whether an
alleged ground of abstention is a good ground or otherwise, all the
judges, including the judge alleging such ground, shall decide on
such ground.
When objection to 
judge is not 
admissible.
739.  The challenge of a judge shall not be admissible where the
party raising the objection, if the plaintiff, has already submitted
his claim at the trial, or, if the defendant, has already set up his
pleas in defence, unless the ground of challenge shall have arisen
subsequently, or unless the party raising the objection, or his
advocate, shall declare upon oath that he was not aware of such
ground, or that it did not occur to him at the time.
Application of 
provisions to 
magistrates. 
Amended by: 
IV. 1905.2; 
XV. 1913.141; 
XXIV. 1995.282.
740.  The provisions of this sub-title shall be applicable to
magistrates of the inferior courts.
Sub-title III
O F  P LEAS TO THE  J URISDICTION
Plea to the 
jurisdiction. 
Grounds of plea.
741.  It shall be lawful to plead to the jurisdiction of the court -
( a ) when the action is not one within the jurisdiction of
the courts of Malta;
( b ) when the action, although one within the jurisdiction
of the courts of Malta, is brought before a court
different from that by which such action is cognizable;
( c ) when the privilege of being sued in a particular court
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             163
is granted to the defendant.
Persons subject to 
jurisdiction of civil 
courts of Malta. 
Amended by: XXII. 
1976.4; 
VIII. 1981.7. 
Substituted by: 
XXIV. 1995.283.
742. (1) Save as otherwise expressly provided by law, the civil
courts of Malta shall have jurisdiction to try and determine all
actions, without any distinction or privilege, concerning the
persons hereinafter mentioned:
( a )  citizens of Malta, provided they have not fixed their
domicile elsewhere;
( b ) any person as long as he is either domiciled or resident
or present in Malta;
( c ) any person, in matters relating to property situate or
existing in Malta;
( d ) any person who has contracted any obligation in
Malta, but only in regard to actions touching such
obligation and provided such person is present in
Malta;
( e ) any person who, having contracted an obligation in
some other country, has nevertheless agreed to carry
out such obligation in Malta, or who has contracted
any obligation which must necessarily be carried into
effect in Malta, provided in either case such person is
present in Malta; 
( f ) any person, in regard to any obligation contracted in
favour of a citizen or resident of Malta or of a body
having a distinct legal personality or association of
persons incorporated or operating in Malta, if the
judgment can be enforced in Malta;
( g ) any person who expressly or tacitly, voluntarily
submits or has agreed to submit to the jurisdiction of
the court.
(2) The jurisdiction of the courts of civil jurisdiction is not
excluded by the fact that a foreign court is seized with the same
cause or with a cause connected with it. Where a foreign court has a
concurrent jurisdiction, the courts may in their discretion, declare
defendant to be non-suited or stay proceedings on the ground that if
an action were to continue in Malta it would be vexatious,
oppressive or unjust to the defendant.
(3) The jurisdiction of the courts of civil jurisdiction is not
excluded by the fact that there exists among the parties any
arbitration agreement, whether the arbitration proceedings have
commenced or not, in which case the court, saving the provisions
of any law governing arbitration, shall stay proceedings without
prejudice to the provisions of sub-article (4) and to the right of the
court to give any order of direction.
(4) On the demand by any person being a party to an arbitration
agreement, the courts may issue any precautionary act, in which
case, if such party has not yet brought forward his claim before an
arbitrator, the time limits prescribed in this Code for bringing the
action in respect of the claim shall be twenty days from the date of
issue of the precautionary act.
  164        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
(5) A precautionary act issued in terms of the preceding sub-
article shall be rescinded:
( a ) if the party against whom it is issued makes such
deposit or gives such security sufficient to secure the
rights or claims stated in the act; or
( b ) if the applicant fails to bring forward his claim,
whether before the arbitrator or before the court,
within the said time limit of twenty days; or
( c ) on the expiration of the duration, original or extended,
of the particular act in terms of this Code; or
( d ) for just cause on the application of the debtor as the
court may deem proper in the circumstances.
Immunity of the 
President of Malta. 
Added by: 
XXIV.1995.284.
742A.  No civil proceedings whatsoever shall be taken against the
President of Malta in respect of acts done in the exercise of the
functions of his office.
Party against 
whom counter-
claim is set up, 
subject to 
jurisdiction of the 
courts of civil 
jurisdiction. 
Amended by: 
XXIV. 1995.285.
743. (1) The party against whom the defendant in an action
brought by such party sets up a counter-claim shall also be subject
to the jurisdiction of the courts of civil jurisdiction.
(2) The provision of this article shall also apply in the cases
referred to in article 402.
Where counter-
claim may be set 
up in other 
competent court in 
Malta.
744.   The provisions of the last preceding article shall apply
also in the case where the counter-claim may not, for other reasons,
be set up before the court before which the original action has been
brought; in such case, the claim of the defendant, if connected with
the subject of the action of the plaintiff on any of the grounds
mentioned in article 396, may be brought before any other
competent court in Malta.
Rules as to 
jurisdiction 
between the 
several courts of 
Malta. 
Amended by:
XLVI. 1973.108; 
XXII. 1976.4; 
XXIV. 1995.286.
745.  In regard to the jurisdiction as between the several courts
of Malta, by reason of the presumed residence of parties, absent or
under any legal disability, or of any body corporate or other body
having a distinct legal personality, unless for other reasons the
action be within the exclusive jurisdiction of one of the said courts,
the following rules shall be observed:
( a ) citizens of Malta and all other persons domiciled in
Malta, who are absent therefrom, shall be presumed to
be resident in their last place of abode in Malta;
( b ) any other person, not domiciled in Malta, shall, in the
cases referred to in article 742(1)( c ) and ( f ), be
presumed to be resident in the place in which the
property is situate or exists, notwithstanding that the
action be not, for such reason, within the exclusive
jurisdiction of the court of the aforesaid place;
( c ) a minor subject to paternal authority is presumed to
reside in the place in which the parent exercising that
authority resides;
( d ) the wife is presumed to be resident in the place in
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             165
which her husband resides, unless she is legally
separated from her husband or has taken up a separate
residence;
( e ) any person under the care of a tutor or curator is
presumed to reside in the place in which the tutor or
curator or any one of the tutors or curators resides;
( f ) any body corporate or other body having a distinct
legal personality, is presumed to have its residence in
the place in which any one of the representatives of
such body or person resides;
( g ) any person represented by an attorney or agent in
Malta, or who is allowed to sue and to be sued in the
person of his attorney or agent, is presumed to be
resident in the place in which the attorney or agent or
any one of the attorneys or agents, if more than one,
resides, if the action is brought against such attorney
or agent;
( h ) in regard to a vacant inheritance, the competent court
shall be that of the last place of abode of the deceased,
where such place is known; where such place is not
known, the competent court shall be that of the place
in which the property is situate or exists, or if there is
no property, the court of the place in which the
plaintiff resides.
Plea to jurisdiction 
based on value of 
thing in issue.
746.  Where the plea to the jurisdiction of a particular court
depends on the value of the thing in issue, the rules contained in the
following articles shall be observed.
Uncertain or 
indeterminate 
value.
747. (1) An uncertain or indeterminate value shall always be
deemed to be outside the jurisdiction of a court of limited
jurisdiction.
Indeterminable 
value.
(2) The following actions shall always be deemed to be of an
indeterminable value:
( a ) actions touching any honour, prerogative or
prominence;
( b ) actions as to filiation, adoption, interdiction or
incapacitation of lunatics, imbeciles or persons insane
or prodigal; or as to any tutorship or curatorship, or,
generally as to the status of any person;
( c ) actions in which the value of the thing in issue does
not result from the demand of the plaintiff, and is not
determinable under any of the rules set forth in the
following articles.
Determination of 
value by the 
demand.
748 . The value of the thing in issue is determined by the
demand- 
( a ) when the demand is for the payment of a fixed sum; 
( b ) when the demand is for a thing the value of which is
determined in the title which gives cause to the action,
or in any other writing binding upon the parties, or by
  166        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
common repute, or by the market price.
Determination of 
value of 
immovable 
property,
749. (1) Where the value of any immovable property is not
determined in the manner stated in the last preceding article, such
value is determined by the net amount of the rent of the last
preceding year, multiplied by twenty-five.
or of right in 
perpetuity to 
ground-rents, etc.
(2) The rule prescribed in sub-article (1) shall also apply for
the purpose of determining - 
( a ) the value of a right in perpetuity to ground-rents,
annuities, or other yearly payments;
( b ) the value of the thing in issue, in any action touching
the revision of an emphyteutical grant in consequence
of forfeiture or expiration.
Determination of 
value of right to 
ground-rents, etc., 
for a determinate 
period.
750.  The value of a right to ground-rents, annuities, or other
yearly payments for a determinate period, is determined by the total
amount of the net income for the remaining period of time,
reckoning the yearly income, where the same is not otherwise
determined, on the basis of the income of the last preceding year.
Determination of 
value of right to 
annuities for life or 
for indeterminate 
period.
751.  If the right mentioned in the last preceding article is for
the lifetime of any person, or for an indeterminate period, the value
is determined by the net income of the last preceding year
multiplied by ten.
Determination of 
value in actions for 
maintenance. 
Substituted by: 
XXIV. 1995.287.
752.  In actions for maintenance the value of the claim shall be
the equivalent to the amount of maintenance claimed to be due in
five years.
Determination of 
value in actions 
touching 
obligations the 
amount whereof is 
payable by 
instalments,
753. (1) In actions touching the performance of an obligation
the amount whereof is to be paid by instalments, the value is
determined by the amount claimed in respect of the instalment or
instalments fallen due up to the day of the claim.
or in actions to 
enforce or avoid 
obligations.
(2) When the object of the claim is to enforce or avoid an
obligation, the value is determined by the full amount of the
obligation.
Avoidance of 
obligation  ope 
exceptionis . 
754.   The rule laid down in sub-article (2) of the last preceding
article shall apply also in the case where the obligation is sought to
be avoided by way of defence:
Provided that in such case the court, if it declares the issue so
raised to be outside its jurisdiction, shall reserve the costs of the
proceedings before it for decision by the court before which the
action is subsequently brought.
Determination of 
value in actions 
touching contracts 
of lease,
755.  In actions touching the existence or validity of any contract
of lease, or the determination of any lease before the term agreed
upon, the value is established - 
( a ) in the first case, by the total amount of the rent in
respect of the whole period for which it is claimed that
the contract is operative; and
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             167
( b ) in the second case, by the total amount of the rent in
respect of the whole period remaining for the
completion of the contract.
in actions of 
ejectment of 
tenants.
756. (1) The rule laid down in paragraph ( b ) of the last
preceding article shall apply to actions for the ejectment of tenants
for arrears of rent, or for any other lawful cause.
(2) Where the ejectment is demanded after the expiration of the
lease, the value is determined by the amount of the rent of one year,
or, where the yearly rent in respect of urban property is payable by
instalments, by the amount of one instalment.
Where no 
determinate period 
is alleged,
757. (1) In the actions referred to in the last two preceding
articles, where it is not alleged that the lease was contracted for a
determinate period, the value is determined by the amount of each
termly payment, if the lease is in respect of urban property, or by
the rent of one year, if the lease is in respect of rural property.
or where a 
determinate period 
is alleged by 
defendant.
(2) If the defendant alleges that the lease was contracted for a
determinate period by reason of which the court declares the matter
to be outside its jurisdiction, the provisions of article 754 shall
apply as regards the reservation of costs.
Determination of 
value in actions 
relating to 
rendering of 
accounts.
758. (1) In actions concerning the rendering of accounts in
connection with the administration of sums of money, the value of
the thing in issue is determined by the amount of such sums.
(2) If the administration is in respect of immovable property,
the value of the thing in issue is determined by the yearly rent,
without any deduction therefrom, multiplied by the number of
years involved in the claim of the plaintiff.
Actions for 
payment of several 
sums due for 
different causes.
759.   If the plaintiff claims payment of several sums due for
different causes, the value is determined by the highest sum,
irrespective of the smaller sums.
Actions relating to 
capital and interest.
760. (1) In actions concerning capital and interest, the value is
determined by the aggregate amount of capital and interest.
(2) Where the plaintiff, on being called upon by the court or by
the defendant, refuses to state the period of time which has elapsed
since he last received payment of the interest, the value in respect
of such interest shall be determined by computing the amount
thereof from the time when such interest was agreed upon.
Valuation by 
expert.
761.  In all cases not provided for in the foregoing articles of
this sub-title, any value which is uncertain may be determined by a
valuation made by experts or by a declaration of the plaintiff to the
effect that he is prepared to accept a fixed sum of money in lieu of
the thing in issue.
Appointment of 
expert.
762. (1) The valuation in the case referred to in the last
preceding article shall be made by one expert only.
Where parties do 
not agree on expert 
to be appointed.
(2) If the parties do not agree in naming the expert to be
appointed, the expert shall be chosen and appointed by the court.
  168        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Expert may be 
challenged for 
good cause.
(3) The expert so appointed by the court may only be
challenged for good cause.
Valuation not 
subject to appeal.
(4) No appeal shall lie from the valuation of the expert.
Determination of 
value for the 
purpose of 
establishing court 
to which appeals 
from judgments of 
Gozo court in its 
superior 
jurisdiction are to 
be brought. 
Amended by: 
XIII. 1925.5; 
XXIII. 1971.25; 
VIII. 1990.3.
763. (1) In order to determine the court to which an appeal
from a judgment of the Court of Magistrates (Gozo) may be
brought in cases where the value may only be determined by a
valuation of experts, such valuation shall be made in the manner
provided in the last preceding article, in pursuance of an order of
the said Court of Magistrates upon a demand, which may be even
verbal, of both parties or one of them, within the time of six
working days from the day of the judgment.
(2) The report shall be sworn by the expert in the presence of
the registrar, and inserted in the record.
(3) The demand for the valuation may also be made during the
hearing of the cause.
(4) The default of a valuation made under sub-article (1) within
the period therein prescribed shall not be a cause of the nullity of
the appeal if, upon a valuation made in pursuance of an order of the
court before whom the appeal has been brought, it results that the
matter of the claim is, by reason of its value, within the appellate
jurisdiction of that court.
Valuation of expert 
appointed by 
parties.
764.  A valuation made by one or more experts appointed by
consent of both parties, and verified on oath by the expert or
experts in the presence of the registrar, shall, for the purposes of
articles 761 and 763, have the same effect as a valuation made by
an expert appointed by the court.
Fruits, etc., not to 
be reckoned in 
determining value.
765.  For the purpose of determining the value of the thing in
issue, no regard whatever shall be had to any fruits, accession,
damages or interest, which may accrue or arise pending the suit.
Determination of 
value for purposes 
of jurisdiction only 
to form basis of 
taxation of judicial 
costs.
766.  The value determined for the purpose of establishing the
jurisdiction of the court shall not be availed of for any other
purpose, except for regulating the taxation of judicial costs.
Privilegium fori. 
Amended by:
XV. 1913.142.
767.  The privilege referred to in article 741( c ) is granted to
parties residing in the Island of Malta with reference to the courts
of such Island, and to parties residing in either of the Islands of
Gozo and Comino with reference to the court of such Islands.
Rules as to 
jurisdiction where 
some defendants 
reside in Malta and 
some in Gozo or 
Comino.
768. (1) Where the number of the defendants residing in Malta
exceeds that of the defendants residing in the Islands of Gozo and
Comino, each of the defendants residing in Malta may deny the
jurisdiction of the court of Gozo; and where the number of the
defendants residing in the Islands of Gozo and Comino exceeds that
of the defendants residing in Malta, each of the defendants residing
in Gozo or Comino may deny the jurisdiction of the court of Malta.
(2) Where the jurisdiction of a court is denied by one of the
parties, such court shall cease to have jurisdiction in regard to all
the parties.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             169
Cessation of 
privilegium fori , 
where number of 
defendants residing 
in Malta is equal to 
the number of 
defendants residing 
in Gozo and 
Comino,
769.  Where the number of the defendants residing in the Island
of Malta is equal to that of the defendants residing in the Islands of
Gozo and Comino, the  privilegium fori  shall cease.
or where action 
touches obligation 
to be carried out in 
one particular 
Island.
770.  The  privilegium fori  shall also cease, where the action
touches an obligation which, according to the agreement, was to be
carried out in any one particular Island.
Privilegium fori 
may not be claimed 
by heir if it could 
not be claimed by 
predecessor.
771.  The  privilegium fori  may not be claimed by the heir,
where, for the reason mentioned in the last preceding article, it
could not have been claimed by his predecessor.
Express or tacit 
waiver of 
privilegium fori.
772.  The  privilegium fori  may be waived, and if not claimed
shall be deemed to be waived. The contumacy of the party shall be
equivalent to a claim to such privilege.
Jurisdiction not 
affected by reason 
of the place where 
thing is. 
Jurisdiction  ratione 
depositi.
773.  Subject to the provisions of article 745( b ) and ( h ), if a
particular court in Malta is otherwise competent, such competence
shall not be affected by reason of the place in Malta where the thing
is:
Provided that in actions touching the recovery of deposits, the
competent court shall be that under the authority of which the
moneys or other things are deposited.
Where want of 
jurisdiction is to be 
declared by court 
of its own motion. 
Amended by: 
XV. 1913.144. 
Substituted by: 
XXIV. 1995.288.
774.  In the absence of any plea to the jurisdiction, the court
shall, of its own motion, declare that it has no jurisdiction - 
( a ) where the action is not one within the jurisdiction of
the courts of civil jurisdiction of Malta and the
defendant has either made default in filing the
statement of defence or is an absent defendant
represented in the proceedings by curators appointed
in terms of article 929; or
( b ) where by reason of the subject matter of the claim or
of the value of the thing in issue, the action is not
within the jurisdiction of the court; or
( c ) where in actions touching the recovery of deposits, the
monies or other things are deposited under the
authority of another court:
Provided that in the cases referred to in paragraph ( b ) pleas to the
jurisdiction may not be pleaded nor raised  ex officio  in an appellate
court.
Conflicting 
decisions as to 
jurisdiction. 
Amended by:
XV. 1913.145; 
XXIV. 1995.289.
775.  Where two or more courts have respectively declared their
want of jurisdiction in regard to a particular action, which,
nevertheless, is within the jurisdiction of one of such courts, it shall
appertain to the Court of Appeal to determine which of such courts
is competent, notwithstanding that no appeal from any of the
decisions of such courts has been brought before the said Court of
Appeal in the ordinary way.
  170        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Procedure. 
Amended by:
XV 1913.145.
776.  Where the issue has not been brought before the Court of
Appeal by an appeal in the ordinary way, it shall be lawful at any
time for the purposes of the last preceding article, to make an
application to that court and that court shall, after hearing the
parties, determine which of the said courts is the competent court.
Court of first 
instance declared 
competent by 
Court of Appeal, to 
take cognizance of 
action. 
Amended by: 
XV. 1913.145.
777.  The court of first instance which is declared by the Court
of Appeal to be the competent court, shall take cognizance of the
action.
Question of 
jurisdiction  ratione 
materiae. 
Amended by:
XV. 1913.146; 
XXXI. 1934.66. 
Substituted by: 
XXIII. 1971.16.
778.   Repealed by: XXIV. 1995.290.
Question of 
jurisdiction as 
between civil and 
commercial 
division of Gozo 
court in its superior 
jurisdiction. 
Added by: 
XV. 1913.147. 
Amended by: 
VIII. 1990.3.
779.   Repealed by: XXIV. 1995.290.
 Sub-title IV
O F THE  P LEA AS TO THE  C APACITY OF THE  P LAINTIFF OR 
D EFENDANT
Plea as to capacity 
of plaintiff or 
defendant.
780.  The plea as to the capacity of the plaintiff or the defendant
may be raised, if the one or the other is under any legal disability to
sue or be sued or if he sues or is sued in the name and on behalf of
others without being lawfully authorized for the purpose.
Incapacity to sue or 
be sued. 
Amended by: 
XV. 1913.148; 
XLVI. 1973.108.
781.   The following persons may not sue or be sued:
( a ) a minor, except in the person of the parent exercising
paternal authority, or, in the absence of such parent, of
a tutor or a curator;
( b ) a lunatic or an insane person, and any other person
who is not vested with the free exercise or
administration of the rights to which the action refers,
except in the person of the party to whom such
administration is lawfully entrusted, or of a curator  ad
litem .
Exceptions.  
Substituted by: 
XLVI. 1973.108.
782.  The provisions of article 781 shall not apply to -
( a ) any minor, if such child carries on trade with the
consent of the parent exercising paternal authority
even though the action touches matters not relating to
trade, or if the said parent has expressly given his
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             171
assent for the child to sue or be sued without his
assistance;
( b ) any minor in any action against the said parent
provided the child is represented by a curator  ad litem . 
Appointment of 
curator  ad litem. 
Amended by: 
XLVI. 1973.108.
783. (1) In the cases referred to in this sub-title, the curator  ad
litem  may be appointed by the same court before which the action
has been brought, or is about to be brought, upon the application of
any person interested.
(2) The application for the appointment of a curator to
represent a minor who desires to sue, may be made by any person.
(3) The application for the appointment of a curator shall not
be entertained by the court if the person in respect of whom such
appointment is applied for is already represented by a tutor or a
curator, unless the action is against such tutor or curator.
Authorization of 
court in lieu of 
assent of parent. 
Amended by: 
XLVI. 1973.108.
784.  If the parent exercising paternal authority, owing to
absence or for other reasons, is unable or refuses to appear for the
child, or is unable or refuses to give his assent for his child to sue,
the requisite authority may be granted by the court of voluntary
jurisdiction, if such court shall deem fit to grant such authority.
General authority 
by court to child. 
Amended by: 
XLVI. 1973.108.
785. (1) In the case referred to in article 784, it shall be lawful
for the court of voluntary jurisdiction to grant to the child a general
authorization to sue or be sued in any action which may be pending
at the time, or which may thereafter be brought.
(2) The court may grant such authorization under such special
conditions as it may deem proper, according to circumstances. 
Plea as to capacity 
of person may not 
be raised against 
procurator of 
revenue of 
Diocesan Bishop 
of Malta, 
Amended by: 
XI. 1859.31; 
L.N. 46 of 1965; 
LVIII. 1974.68; 
XXIV. 1975.2; 
VIII. 1990.3; 
XXIV. 1995.291.
786. (1) It shall not be lawful to raise the plea as to the
capacity of a party suing or sued in the name and on behalf of any
other party against the Economo or other official performing an
equivalent function at the Archbishop’s Curia in Malta and at the
Bishop’s Curia in Gozo, against any of the persons mentioned in
article 180(1)( a ).
or Attorney 
General,
(2) Nor may such plea be raised against the Attorney General
in any action in which he is especially authorised by law to appear,
or where he is authorized by the competent authority to appear in
regard to any action touching public policy, and in so far as the
public interest is concerned.
or public official in 
Gozo.
(3) Nor may such plea be raised against any official in charge
of any branch of the public service in Gozo, who appears before the
Court of Magistrates (Gozo) in connection with matters pertaining
to his office, provided the head of the department to which the said
official may by reason of such office belong, be residing in Malta;
in such cases, the provisions of this Code relating to heads of
departments, shall be applicable to such official.
  172        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
When plea of 
incapacity is not 
allowed. 
Added by: 
XXIV. 1995.292.
786A.  It shall not be lawful to raise the plea of incapacity of a
party against any of the persons mentioned in article 181A(2) in the
case of a body having a distinct legal personality, and in the case of
any person mentioned in article 187(7) in the case of a ship or other
vessel.
Nullity of acts by 
or against persons 
under disability. 
Amended by: 
XLVI.1973.108.
787. (1) Any judicial act performed by, or against, any person
who is under disability to sue or be sued, and not duly authorized
for the purpose, is null.
(2) Any nullity arising from minority may not be alleged
except by the minor himself or his heir.
(3) Any nullity from want of assent of the parent, may not be
alleged except by the parent; nor may it be alleged by the parent
after the child ceases to be subject to paternal authority.
Cure of defect of 
nullity.  
Amended by: 
IV.1862.16; 
XLVI. 1973. 108.
788.    The defect of nullity may be cured, if the parent exercising
paternal authority or the curator, appearing of his own will, or on
being made a party to the suit, affirms the acts.
Sub-title V
O F THE  P LEA OF  N ULLITY OF  J UDICIAL  A CTS
Plea of nullity of 
judicial acts.  
Amended by: 
XXIV. 1995.293.
789. (1) The plea of nullity of judicial acts is admissible -
( a )  if the nullity is expressly declared by law;
( b ) if the act emanates from an incompetent court;
( c ) if the act contains a violation of the form prescribed by
law, even though not on pain of nullity, provided such
violation has caused to the party pleading the nullity a
prejudice which cannot be remedied otherwise than by
annulling the act;
( d ) if the act is defective in any of the essential particulars
expressly prescribed by law:
Provided that such plea of nullity as is contemplated in
paragraphs ( a ),   ( c )   and ( d ) shall not be admissible if such defect or
violation is capable of remedy under any other provision of law.
(2) The plea of nullity of an act, under sub-article (1)( c ), shall
not be admissible if the party pleading such nullity has proceeded,
or has knowingly suffered others to proceed, to subsequent acts,
without pleading such nullity.
Where plea of 
nullity of judgment 
may not be 
entertained. 
Substituted by: 
XXIV. 1995.294.
790.  Where before an appellate court the plea of nullity of a
judgment appealed from is raised, such plea shall not be entertained
if the judgment is found to be substantially just, unless such plea is
founded on the want of jurisdiction or default of citation, or the
incapacity of the parties, or on the judgment of the court of first
instance being  extra petita  or  ultra petita  or on any defect which
prejudices the right to a fair hearing.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             173
Sub-title VI
O F  P LEAS IN  S POLIATION  S UITS
Pleas in spoliation 
suits. 
Amended by: 
X. 1856.16.
791. (1) The defendant in a spoliation suit brought within the
period of two months from the day on which the spoliation took
place may not raise any plea other than dilatory pleas, before he
shall have restored the thing to its former condition and fully
revested the party despoiled within the time which, according to
circumstances, may have been fixed in the judgment, without
prejudice to any other right appertaining to the defendant.
(2) The provisions of this article shall also apply in the case
where a tenant has been dispossessed of the thing let out to him
whether by the lessor or by a third party.
(3) The court shall limit its inquiry to the question of
possession or detention, and to the question of spoliation.
Sub-title VII
O F THE  P LEA OF   L IS  A LIBI  P ENDENS  OR OF  
C ONNECTION OF  A CTIONS
Lis alibi pendens.
another action in respect of the same claim has already been
brought before another competent court, the second action may be
transferred for trial to such other court.
Connection of 
actions,  
Amended by: 
IX. 1886.100.
793. (1) If two or more actions brought before one and the
same court are connected in respect of the subject-matter thereof,
or if the decision on one of the actions might affect the decision on
the other action or actions, it shall be lawful for the court to order
that the several actions be tried simultaneously.
before appellate 
court.
(2) Where several actions have been tried simultaneously
before the court of first instance, they may be tried in like manner
before the appellate court, without the necessity of any other order
of the court.
Separate judgment 
in each action.
(3) Nevertheless a separate judgment shall be given in each
action, both in the court of first instance and in the appellate court,
every judgment containing a statement of the respective reasonings,
or a reference to the reasonings premised to the decision given in
any other of the actions heard simultaneously.
Period within 
which to oppose 
plea. 
Amended by: 
XI. 1973.377;  
XXIV.1995.357.
794. (1) The plea of  lis alibi pendens  or of connection of
actions may be raised at any time until judgment is delivered.
(2) The court shall determine the plea; and if such plea is
disallowed, the court may at the same time decide on the merits of
the action.
Cap. 234.
(3) Where an application to the Civil Court, First Hall has been
made under article 355 of the Merchant Shipping Act, the
foregoing provisions of this article shall apply only to the extent
  174        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
that they are not inconsistent with the provisions of that article.
Sub-title VIII
O F THE  P LEA AS TO   B ENEFICIUM  E XCUSSIONIS
Plea as to  
beneficium 
excussionis. 
Amended by: 
IV. 1868.11.
795.  The defendant who pleads the benefit of discussion shall
present during the hearing of the cause, or previously, a list
showing distinctly the property situate in Malta, possessed by the
party of whom discussion is pleaded, and sufficient to satisfy the
claim of the plaintiff.
Deposit of costs of 
discussion. 
Amended by: 
IV. 1868.11.
796.  If the plea of discussion is admitted, the defendant shall,
within the time fixed by the court, deposit in favour of the plaintiff
a sum to be also fixed by the court to meet the costs which will be
occasioned by the discussion, and bind himself to provide the
plaintiff with such further sum as may become necessary for the
purpose.
Suspension of 
proceedings. 
Amended by: 
IV. 1868.11.
797.  Upon compliance with the requirements of the last
preceding article, the court shall order that the proceedings of the
cause in which the plea of discussion has been raised, be suspended
indefinitely or for a fixed time, according to circumstances.
Default of 
defendant. 
Amended by: 
IV. 1868.11.
798.  If, on the contrary, the defendant fails to comply within
the said time with any of the requirements above-mentioned, the
cause shall be proceeded with irrespective of the plea of discussion.
Cause to be 
proceeded with if 
claim is not wholly 
satisfied. 
Amended by: 
IV. 1868.11;
VII. 1880.15.
799. (1) The provisions of the last preceding article shall
apply also in the case where the plaintiff shall not succeed in
recovering the whole amount of his claim out of the property
mentioned in the list referred to in article 795.
(2) Nevertheless in any such case, the defendant may be
allowed to indicate other property, if he shows to the satisfaction of
the court, that at the time of the decree suspending the proceedings
of the cause he was not aware of the existence of such other
property.
Discussion of other 
property. 
Amended by: 
IV. 1868.11.
800.  If the defendant is allowed to indicate other property, the
provisions of articles 796 to 799 shall apply.
Plea may be 
waived.  
Amended by: 
XI. 1859.32; 
IV. 1868.11.
801. (1) It shall be lawful for the defendant to waive the plea
of discussion previously raised by him, and demand that the cause
be disposed of even though the plaintiff may have already
commenced the procedure of discussion.
Liability for costs. (2) In such case, the costs incurred in connection with the
procedure of discussion shall be borne by the defendant.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             175
Sub-title IX
O F THE  P LEA OF  F ALSIFICATION
Plea of 
falsification.
802.  The plea of falsification may be raised not only by the
party to whom the document is attributed but also by any other
party against whom the document is produced.
Where cause can 
be decided 
irrespective of 
plea.
803.  Where the cause can be decided independently of the
document averred to be false, the court shall decide on the merits,
irrespective of the plea of falsification.
Plea to be 
determined 
independently of 
criminal action.
804.  The plea of falsification shall be determined
independently of any criminal action.
Arrest of person 
suspected of 
falsification. 
Amended by: 
VIII. 1990.3.
805.  If, at any stage of the proceedings, it shall appear to the
court that there are strong grounds to suspect the falsification of
any document, it shall of its own motion order the party suspected
of such falsification to be arrested and brought before the Court of
Magistrates, in order that he may be dealt with according to law.
Title III
O F THE  C HANGE OF  P ARTIES BY  D EATH, ETC.
Where party to suit 
dies.
806.   In the case of death  pendente lite  of any party to a suit, the
heir or executor of such party, or any other person interested may
make an application for an order enabling him to continue the suit
in substitution for the party deceased.
Continuation of 
suit by 
presumptive heir or 
curators. 
Substituted by: 
XXIV.1995.295.
807. (1) Where no application is made by any person to
continue the suit in substitution for the deceased party, it shall be
lawful for the other party, by means of an application, to demand
that the suit be continued in the name of the presumptive heir or
heirs of the deceased party, if known.
(2) Such application shall by order of the court, be served on
the presumptive heir or heirs who shall have the time of one month
within which to declare whether he or they are prepared to continue
the suit.
(3) If no such declaration is made, then the court shall of its
own motion proceed to appoint a curator  ad litem  to represent the
interests of the deceased in the suit in accordance with article 809.
(4) Where no person entitled to represent the deceased is
known, such application may contain only the demand for the
appointment of curators to continue the suit.
(5) The curator shall take all the necessary measures to identify
and locate the presumptive heir or heirs of the deceased and when
the presumptive heir or heirs are identified and located the curator
shall request the court to notify him or them about the pendency of
the case ordering him or them to declare within a specified time
  176        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
whether he or they are prepared to continue the suit.
Default of heir, 
etc., to continue 
suit not to imply 
renunciation of 
inheritance, etc. 
Substituted by: 
XXIV. 1995.296.
808.  The default of the heir or executor to continue the suit
shall not imply renunciation of the inheritance or executorship; and
it shall be lawful for the heir or executor, by application, upon
proving his title to the court, to assume at any time the continuation
of the suit, and cause the effect of the appointment of curators to
cease in regard to further proceedings. The application shall be
served on the curators and the other parties in the suit who may file
an answer thereto within such time as the court may establish.
Service of banns 
on presumptive 
heir. 
Amended by: 
XXIV. 1995.297.
809.  The banns for the appointment of curators shall be served
on the presumptive heir or heirs, if known; and if unknown such
banns shall be published twice, in at least two daily newspapers, at
an interval of one week between such publications, at the expense
of the applicant without the need of any notification.
Acceptance of 
curatorship.
810. (1) It shall also be lawful for a party who has not as yet
declared his acceptance of the inheritance or executorship, to
appear and accept the appointment as curator, and in such capacity
continue the suit.
Court may appoint 
official curator.
(2) It shall be lawful for the court, if it deems it expedient, to
appoint, in addition to the said heir or executor, a curator from
among the advocates on the rota referred to in article 91.
Change of parties 
due to other 
causes. 
Added by: 
XXIV. 1995.298.
810A.   In the case of any other change of parties to the suit other
than by the death  pendente lite  of any party to the suit, the person
who wishes to take up the case shall file an application requesting
authorisation to assume the acts of the case in addition to or instead
of the party concerned, and any judgment shall also bind such party
assuming the acts.
Title IV 
O F  N EW  T RIAL
New trial of causes 
decided in second 
instance. 
Amended by: 
XI.1859.33; 
IX. 1886.101.
811. A new trial of a cause decided by a judgment given in
second instance may be demanded by any of the parties concerned,
such judgment being first set aside, in any of the following cases:
Grounds for new 
trial.
( a ) where the judgment was obtained by fraud on the part
of any of the parties to the prejudice of the other party; 
( b ) where the writ of summons was not served on the party
cast, provided that, notwithstanding such omission,
such party shall not have entered an appearance at the
trial;
( c ) where any of the parties to the suit was under legal
disability to sue or be sued, provided no plea
thereanent had been raised and determined;
( d ) where the judgment was delivered by a court having
no jurisdiction in terms of article 741( a ), provided no
plea thereanent had been raised and determined;
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             177
( e ) where the judgment contains a wrong application of
the law;
   For the purposes of this paragraph there shall be
deemed to be a wrong application of the law only
where the decision, assuming the fact to be as
established in the judgment which it is sought to set
aside, is not in accordance with the law, provided the
issue was not in reference to an interpretation of the
law expressly dealt with in the judgment;
( f ) where judgment was given on any matter not included
in the demand;
( g ) where judgment was given in excess of the demand; 
( h ) where the judgment is conflicting with a previous
judgment given in a suit on the same subject-matter
and between the same parties, and constituting a  res
judicata , provided no plea of  res judicata  had been
raised and determined;
( i ) where the judgment contains contradictory
dispositions;
( j ) where the judgment was based on evidence which, in a
subsequent judgment, was declared to be false or
which was so declared in a previous judgment but the
party cast was not aware of such fact;
( k ) where, after the judgment, some conclusive document
was obtained, of which the party producing it had no
knowledge, or which, with the means provided by law,
he could not have produced, before the judgment;
( l ) where the judgment was the effect of an error resulting
from the proceedings or documents of the cause.
       For the purposes of this paragraph there shall be
deemed to be such error only where the decision is
based on the supposition of some fact the truth
whereof is incontestably excluded, or on the
supposition of the non-existence of some fact the truth
whereof is positively established, provided that, in
either case, the fact was not a disputed issue
determined by the judgment.
New trial of causes 
decided in first 
instance. 
Amended by: 
IX.1886.101.
812.  A new trial may also be demanded in respect of a cause
decided by a judgment of a court of first instance and constituting a
res judicata , by any of the parties concerned, on any of the grounds
mentioned in the last preceding article, provided the facts
constituting the grounds for such new trial shall have come to the
knowledge of the party after the expiration of the time limited for
the appeal.
Extent of 
admissibility of 
new trial. 
Amended by: 
XI. 1859.34; 
IX. 1886.101.
813.  A new trial shall not be granted except on any of the
grounds mentioned in article 811 and shall not be granted except in
regard to such heads of the judgment complained of in respect of
which any of such grounds exists and in regard to such other heads
as are dependent thereon.
  178        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Court to which 
demand for new 
trial is made. 
Amended by: 
XI. 1859.35; 
IV.1865.3; 
IX.1886.101. 
Substituted by: 
XXIV.1995.299.
814.  Subject to the provisions of Sub-title II of Title II of Book
Third of this Code the demand for a new trial shall be made to the
court by which the judgment complained of was given, and the
same judges or magistrates may sit.
Form of demand 
for new trial. 
Amended by: 
IX.1886.101; 
VIII. 1990.3. 
Substituted by: 
XXIV. 1995.300.
815.  In the superior and inferior courts, the demand for a new
trial shall be made before a court of first instance, by means of a
writ of summons, and before a court of second instance, by means
of an application; the application shall be accompanied by security
for costs in terms of article 249.
Contents of writ of 
summons or 
application. 
Amended by: 
IX. 1886.101; 
XXIV. 1995.301.
816.  In the writ of summons or application, the plaintiff shall
distinctly state the heads of the judgment which are complained of,
and the grounds for the new trial in the terms in which they are
stated in article 811, making reference to the relative provisions of
that article. Moreover, the plaintiff shall state, in a concise and
clear manner, the facts giving rise to every such ground; and where
the ground is the wrong application of the law, the plaintiff shall
make reference to the law which should have been applied.
Where demand is 
by writ of 
summons. 
Amended by: 
IX. 1886.101.
817.   Repealed by: XXIV. 1995.302.
Time for 
demanding new 
trial. 
Amended by: 
IX. 1886.101;
XXIV.1995.303.
818.  (1) The time for demanding a new trial is three months,
which shall commence to run -
( a ) in regard to the cases referred to in article 811( a ) and
( k ), from the day on which the fraud was discovered,
or the document obtained;
( b ) in regard to the case referred to in paragraph ( b ), from
the day on which the plaintiff became aware of the
judgment;
( c ) in regard to the cases referred to in paragraph ( j ), if the
falsity was, at the suit or complaint of the plaintiff
himself, declared subsequently to the judgment
complained of, from the day of such declaration, and if
it was declared subsequently to such judgment, but at
the suit or complaint of other parties, or if it was
declared previously, from the day on which the
plaintiff became aware of such declaration;
( d ) in regard to all other cases, from the date of the
judgment complained of.
(2) A new trial may in no case be demanded after the lapse of
five years from which the first judgment was given.
Time to be 
peremptory and to 
run against minors, 
etc. 
Amended by: 
IX.1886.101; 
XI. 1977.2.
819. (1) The time limited in the last preceding article is
peremptory.
(2) Such time shall run indiscriminately even against minors
and persons interdicted.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             179
If new trial is 
allowed, rehearing 
of cause to be 
proceeded with. 
Amended by: 
IX. 1886.101.
820. (1) If a new trial is granted, the judgment complained of
being set aside, the rehearing of the cause in respect of the merits
shall be proceeded with on the same day or on some other day
appointed by the court.
Separate judgment 
on demand for new 
trial.
(2) Nevertheless a separate judgment shall in all cases be given
on the demand for a new trial.
Demand for new 
trial to be made 
once only.
Exceptions. 
Amended by: 
IX. 1886.101.
821. The demand for a new trial may not be made more than
once, except on grounds which may arise subsequently to the first
demand.
Demand for new 
trial may be 
availed of by 
defendant. 
Amended by: 
IX. 1886.101.
822. (1) The demand for a new trial may also be availed of by
any of the defendants who, in the answer to the libel or petition, or
in a note filed previously to the trial on that demand, shall have
agreed to it.
(2) In any such case, the defendant may continue the
proceedings, notwithstanding that the party who made the demand
shall have waived it.
Demand for new 
trial not to operate 
as a stay of 
execution. 
Amended by: 
IX. 1886.101; 
XXII. 1963.8; 
XXIV. 1995.304.
823. (1) The demand for a new trial shall not operate so as to
stay the execution of the judgment sought to be set aside.
Power of court.
before which a new trial is demanded may, at the instance, by
application before the Court of Appeal and by writ of summons
before the court of first instance, of the party making such demand,
order a stay of execution of the judgment if - 
( a ) together with his demand such party gives sufficient
security for the execution of the judgment, if it is not
set aside, including such security as is mentioned in
article 266(10); and
( b ) it is shown to the satisfaction of the court that the
execution of the judgment is likely to cause greater
prejudice to such party than the stay of execution
would cause to the opposite party.
(3) The security referred to in sub-article (2)( a ), when given,
shall in all cases operate as a stay of execution of a judgment
ordering the arrest or imprisonment of the debtor.
(4) The filing of the writ of summons containing the demand
for the stay of execution of the judgment sought to be set aside
shall not operate as a stay of execution of such judgment unless,
upon an application to that effect, the court shall for just cause
order such stay of execution.
(5) Where the enforcement of a judgment has been authorized
by the judgment sought to be set aside the provisions of sub-articles
(2), (3) and (4) shall not apply.
  180        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
(6) An appeal from a judgment disallowing the demand for the
stay of execution of the judgment sought to be set aside shall in no
case operate as a stay of execution of the latter judgment.
No new trial in 
respect of 
judgment given 
upon new trial. 
Amended by: 
IX. 1886.101.
824.  It shall not be lawful to grant another new trial in respect
of a judgment given upon a new trial.
Errors of 
calculation in 
judgment. 
Amended by:     
XV. 1913.152.
825. (1) Nothing in this Title contained shall operate so as to
bar the court, upon the application of any of the parties to be served
on the other party, from amending at any time, by a decree, any
error of calculation incurred in the judgment.
Errors of 
expression.
(2) Nor shall the court be debarred from correcting any error in
the wording of the judgment, or from altering any expression which
is equivocal, or which may bear a construction different from that
evidently intended by the court, provided that an application is
made to that effect within thirty days from the date of the judgment,
and in such case, the time allowed by this Code for entering an
appeal from any judgment so amended, shall commence to run from
the date of the decree given on the demand for the amendment.
Title V
O F THE  E NFORCEMENT OF  J UDGMENTS OF  T RIBUNALS OF 
C OUNTRIES OUTSIDE  M ALTA
Enforcement of 
judgments of 
tribunals outside 
Malta. 
Cap. 52.
826.  Saving the provisions of the British Judgments (Recipro-
cal Enforcement) Act, any judgment delivered by a competent court
outside Malta and constituting a  res judicata  may be enforced by
the competent court in Malta, in the same manner as judgments
delivered in Malta, upon a writ of summons containing a demand
that the enforcement of such judgment be ordered.
Inquiry by court.  
Amended by:    
XV. 1913.153; 
XXIV. 1995.305.
827. (1) The provisions of the last preceding article shall not
have effect:
( a ) if the judgment sought to be enforced may be set aside
on any of the grounds mentioned in article 811;
( b ) in the case of a judgment by default, if the parties were
not contumacious according to foreign law;
( c ) if the judgment contains any disposition contrary to
public policy or to the internal public law of Malta. 
(2) For the purposes of this article, the plea to the jurisdiction
of the court by which the judgment was delivered, may be raised in
terms of article 811( d ), even though that court may have adjudged
upon a plea to its jurisdiction, in the case of any action brought
against any person not subject to the jurisdiction of that court by
reason of domicile or residence, unless such person had voluntarily
submitted to the jurisdiction thereof.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             181
Effects of 
registration of 
judgment in Public 
Registry.
828.  The judgment ordering the enforcement of another
judgment delivered by a court outside Malta, upon being registered
in the Public Registry Office, shall create as from the day of
registration a hypothec in regard to the debt judicially
acknowledged by the judgment the enforcement of which is
ordered.
Title VI
O F  P RECAUTIONARY  A CTS 
G ENERAL  P ROVISIONS
Party may 
safeguard his rights 
by precautionary 
acts.
829.  It shall be lawful for any person, without the necessity of
any previous judgment, to secure his rights by one or more of the
following precautionary acts, which shall be issued and carried into
effect on the responsibility of the person suing out the act, provided
he shall have complied with the conditions prescribed by this Code.
Precautionary acts. 
Amended by: 
IV.1862.17; 
Xl.1973.377; 
XII.1985.16; 
XXXIX. 1986.2; 
XVII.1991.82; 
XXIV.1995.306;  
XXIV.1995.357.
830. (1) The precautionary acts referred to in the last
preceding article are the following:
( a ) warrant of description;
( b ) warrant of seizure;
( c ) garnishee order;
( d ) warrant of impediment of departure; 
( e ) warrant of prohibitory injunction.
Rescission. 
Cap. 234.
(2) Saving the provisions of article 870 and of article 357 of
the Merchant Shipping Act, any of the acts mentioned in sub-article
(1) shall be rescinded, if the party against whom it is issued makes
such deposit or gives such security as, according to the
circumstances of the case, may be sufficient to safeguard the rights
or claims stated in the act, or if it is shown that a judicial act
accepting liability as provided in sub-article (3) has been filed in
the proper registry and notwithstanding that a deposit is made or
security is given as aforesaid, the time limits established in this
Title on the creditor to bring forward his action shall continue to
apply. Such time limits shall run from the date of the issue of the
precautionary act, and failure by the creditor to institute
proceedings within the said time limits shall entitle the debtor to
withdraw the deposit or cancel the security.
Cap. 104.
(3) Where a precautionary act has been issued against any
person, or such as to affect any property of such person, to secure a
claim for damages arising out of the use in Malta of a motor
vehicle, registered or licensed in Malta or abroad, and there is in
respect of such motor vehicle a policy of insurance as complies
with the requirements of the Motor Vehicles (Third Party Risks)
Ordinance, whether it is an international certificate of insurance (as
defined in the said Ordinance) or otherwise and the insurer or the
local bureau (as defined in the said Ordinance) has by means of a
judicial act, filed in the registry of the court issuing the
precautionary act, accepted liability to pay all sums that may be due
  182        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
for damages arising as aforesaid, by the person against whom the
precautionary act was issued, in connection with the claim
contained in that act if such person is found to be responsible for
such damages, such insurer or local bureau, as the case may be,
shall be liable to pay all sums that may be due for damages arising
as aforesaid and the claim for such damages may be pursued
against them directly.
(4) ( a )  Every authorised insurer and the local bureau shall file
by means of a note in the Registry of the First Hall of the Civil
Court a declaration showing the name and address of the person or
persons having the judicial representation of such insurer or the
local bureau, as the case may be, and of the change of any such
person or persons.
( b ) The registrar shall cause the declarations filed in terms of
paragraph ( a ) to be registered in a book which shall be open to
inspection by the public.
( c ) Any judicial act served on such person or persons as on the
date of the filing of such act appear in the book referred to in
paragraph ( b ) as having the judicial representation of an authorised
insurer or the local bureau, as the case may be, shall be deemed for
all purposes of law to be duly served on the person having the
judicial representation of such insurer or local bureau.
(5) The registrar shall cause a copy of the precautionary act as
is referred to in sub-article (3), to be served on the local bureau
without delay and in any case not later than the working day next
following the filing of the act.
(6) No precautionary act as provided in sub-article (3) shall be
issued against the insured if the insurer or the local bureau has by a
judicial act filed in the Registry of the Civil Court, First Hall,
accepted liability for the payment of damages arising out of the use
of a motor vehicle in Malta if the insured is found to be responsible
for such damages, and in such case the claim for such damages may
be pursued against the insurer or the local bureau, as the case may
be, directly.
(7) No judicial act filed in terms of sub-article (3) shall be
deemed to be valid for the purposes of sub-article (2) unless there is
registered with the Registrar of Courts on the date of its filing a
declaration in terms of sub-article (4).
Application for 
issue of warrant. 
Amended by: 
XV.1913.154; 
XIV.1980.5; 
XXIV.1995.307.
831. (1) The demand for the issue of any of the said acts shall
be made by an application prepared by the applicant according to
the prescribed form.
Contents of 
application.
(2) The origin and nature of the debt or claim sought to be
secured shall be stated on oath in the application:
Provided that where in one application there is more than one
applicant demanding the issue of any of the precautionary acts
mentioned in article 830(1) against the same respondent, the oath
shall be taken by at least one of the applicants.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             183
Oath.
(4) Any of the warrants or order mentioned in the preceding
article shall be issued by the court:
Provided that, where in the opinion of the registrar the signature
of a judge or magistrate empowered to issue a warrant of seizure or
a garnishee order or a warrant of impediment of departure cannot
be obtained within a reasonable time and that delay may be
prejudicial, the said warrants or order may be issued over the
signature of the registrar personally after having first obtained
verbal authorisation from the judge or magistrate to do so. In this
case, the judge or magistrate is to append his own signature under
that of the registrar at the earliest opportunity to confirm that he
had given the said verbal authority or, if it is not possible for the
registrar to obtain such verbal authority, the registrar shall under
his authority issue the said warrant or order over his signature,
subject to the ratification of such action by a judge or magistrate at
the earliest opportunity.
Where claim is for 
payment of sum of 
money. 
Amended by: 
XXIV. 1995.308.
832.  Where the right sought to be secured by the act is a debt,
or a claim which may be satisfied by the payment of a sum of
money, the applicant shall also in this sworn statement referred to
in the last preceding article indicate approximately the sum to
which, in his belief, the debt or claim amounts, and if a cause has
already been filed in court, such a claim may specify and include
any judicial costs, under pain of nullity of the act.
Administering of 
oath.  
Amended by: 
XXIV. 1995.309.
833.  The oath referred to in this Title may be administered by
the registrar.
Notice of 
execution of 
warrant. 
Amended by: 
XIX.1965.17; 
VIII. 1990.3.
834. (1) The marshal charged with the execution of the act
shall, within twenty-four hours from the day of the execution, give
notice thereof in writing to the applicant.
(2) No application for the issue of a precautionary act shall be
received in the registry, unless the applicant shall, in presenting
such application, indicate the place where the said notice is to be
given or left.
(3) Where a precautionary act issued by a court in Malta is to
be executed in the Island of Gozo or Comino or a precautionary act
issued by the Court of Magistrates (Gozo) is to be executed in the
Island of Malta, the notice referred to in sub-article (1) shall be
given by the marshal of the court which issued the act within
twenty-four hours from the day of receipt in that court of the notice
of execution.
S. 834 not to apply 
to inferior courts. 
Amended by: 
XV.1913.155; 
XXIII.1971.27; 
XIII.1983.5; 
VIII.1990.3; 
XXIV.1995.310.
835.   The provisions of the last preceding article shall not apply
to warrants issued by the Court of Magistrates (Malta), or by the
Court of Magistrates (Gozo) in its inferior jurisdiction, when the
claim is not for an amount exceeding one hundred liri.
  184        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Counter-warrant. 
Amended by: 
XV.1913.156; 
XIV.1980.6. 
Substituted by: 
XXIV. 1995.311.
836. (1) Without prejudice to any other right under this or any
other law, the person against whom any precautionary act has been
issued, may make an application to the court issuing the
precautionary act, or, if a cause has been instituted, may make an
application to the court hearing such cause, praying that the
precautionary act be revoked, either totally or partially, on any of
the following grounds:
( a ) that the precautionary act ceased to be in force;
( b ) that any one of the conditions requested by law for the
issue of the precautionary act does not in fact subsist; 
( c ) that other adequate security is available to satisfy the
claim of the person at whose request a precautionary
act was issued either by the issue of some other
precautionary act or if such other security can to the
satisfaction of the court adequately secure the claim;
or
( d ) if it is shown that the amount claimed is not  prima
facie  justified or is excessive; or
( e ) if the security provided is deemed by the court to be
sufficient; or
( f ) if it is shown that in the circumstances it would be
unreasonable to maintain in force the precautionary act
in whole or in part, or that the precautionary act in
whole or in part is no longer necessary or justifiable.
(2) In the case contemplated in sub-article (1)( a ), the court
shall ascertain that the precautionary act has ceased to be in force
and decree accordingly and in the cases contemplated in the said
sub-article (1)( b ) to ( f ), the court shall hear the application with
urgency.
(3) A copy of the application shall be served on the person at
whose request the precautionary act was issued who shall not later
than the day fixed for the hearing of the application by a note state
his reasons, if any, why such request should not be acceded to. In
default of such opposition the court shall accede to the request.
(4) After hearing the parties, the court shall by a separate
decree which may be given  in camera , either reject the application
or accede to the request in the application under those conditions
which it may deem fit.
(5) No appeal and no challenge shall lie from a decree acceding
to an application referred to in sub-article (1), and such decree shall
be final and irrevocable, and except in the case contemplated in
sub-article (1)( a ) a similar precautionary act may not be issued in
security of the claim against the person against whom the
precautionary act so revoked was issued, unless in the application
for the issue of such similar precautionary act the applicant states
that circumstances have arisen since the revocation of the previous
precautionary act which justify the issue of a similar fresh
precautionary act to that which has been revoked, and the
provisions of this article shall thereupon apply to such
precautionary act freshly issued on the basis of such application.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             185
(6) The provisions of article 831(4) shall apply to the decree
issued under sub-article (1)( a ).
(7) Notwithstanding that adequate security for the satisfaction
of the claim of the person at whose request the precautionary act
was issued is deposited in the registry of the court, the court which
issued the counter-warrant under the provisions of this article may
still, on a request made by application by any interested person,
investigate the legality or otherwise of the relative precautionary
act and the court may also order the reduction of the amount of
security deposited or declare the precautionary act to be contrary to
law, in which latter case it shall order that the precautionary act be
revoked.
(8) The court may condemn the applicant at whose request a
precautionary act was issued to pay a penalty of not less than five
hundred liri and not more than three thousand liri in favour of the
person against whom the precautionary act was issued, in each of
the following cases:
( a ) if the applicant does not bring the action in respect of
the claim, within the time established by law;
( b ) if, on the demand of the defendant for the rescission of
the precautionary act, the plaintiff fails to show that
the precautionary act had to be issued or that within
the fifteen days previous to the application for the
precautionary act, he had in any manner called upon
the defendant to pay the debt, or, if the debt be not a
liquidated debt, to provide sufficient security:
         Provided that the provisions of this paragraph shall
not apply where it is shown that there were reasons of
urgency for the issue of the warrant;
( c ) if the circumstances of the debtor were such as not to
give rise to any reasonable doubt as to his solvency
and as to his financial ability to meet the claims of the
applicant, and such state of the debtor were notorious;
( d ) if applicant’s claim is malicious, frivolous or
vexatious.
(9) In the case under the previous sub-article, the court at the
request, by writ of summons, of the person against whom the
precautionary act was issued may condemn the applicant at whose
request the precautionary warrant was issued to pay such damages
as may have been caused by the issue of the warrant, and in any
such proceedings the court shall refer to, and make use of, the
records of the proceedings of the precautionary act and of any other
proceedings arising therefrom or consequential thereto, and such
records shall be admissible evidence for the purposes of this action.
  186        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Precautionary acts 
which may not be 
issued by inferior 
courts. 
Amended by: 
XI.1859.36; 
I.1880.4; 
XV.1913.157; 
XXIII.1971.28; 
L.N. 148 of 1975; 
XII.1985.17; 
VIII.1990.3; 
XXIV.1995.312.
837. (1) It shall not be lawful for the Court of Magistrates
(Malta), or the Court of Magistrates (Gozo) in its inferior
jurisdiction to issue any warrant of description, impediment of
departure for the purpose of a reference to the oath of the opposite
party or for the purpose of securing the enforcement of a judgment
not being for the payment of an acknowledged amount, impediment
of departure of any ship or vessel.
Warrants which 
may not be issued 
against 
Government.
(2) It shall not be lawful to issue any precautionary warrant of
seizure or garnishee order in security of any right or claim against
the Government of Malta.
Persons against 
whom certain 
warrants may not 
be issued.
(3) It shall not be lawful to issue any warrant of seizure,
garnishee order, or warrant of impediment of departure, in security
of any right or claim against any of the persons mentioned in sub-
article (4)( a ), or any warrant of impediment of departure in security
of any right or claim against any of the persons mentioned in
paragraphs ( b )   or   ( c )   of the said sub-article.
(4) The persons to whom sub-article (3) refers are:
 ( a ) any person belonging to the armed forces of any
country or any person belonging to any vessel wholly
chartered in the service of the Government of Malta if
such person is in Malta with the force or vessel to
which he belongs;
( b ) any master, seaman or other person regularly enrolled,
if the ship to which he belongs has obtained her
clearance; and
( c ) any engineer of any rank, employed on any steam
vessel.
Rescission of 
warrants unduly 
obtained.
(5) ( a )   If any such warrant or order has been unduly issued and
carried into effect against any of the persons above-mentioned, it
shall be lawful to obtain the rescission of the warrant or order or of
anything done thereunder by making an application to that effect
stating out the cause for his exemption, and producing in support
thereof any certificate, document, or other evidence to the
satisfaction of the judge or magistrate by whom the warrant or
order was issued.
( b ) The release of the person from the warrant or order may
also be applied for as aforesaid by the officer commanding the
vessel on which such person is enrolled, or by the officer
commanding the force, the regiment or the company to which such
person belongs, or by any other military, naval or air force
authority.
Applicability of s. 
280 to 
precautionary acts. 
Added by:
IX. 1886.102.
838.  The provisions of article 280 shall apply to precautionary
acts.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             187
Security for 
payment of 
penalty, etc.
Added by: 
XXIV.1995.313.
838A.  It shall be lawful for the court, on good cause being
shown, upon the demand by application of the person against whom
a precautionary act has been issued, to order the party suing out the
warrant to give, within a time fixed by the court, sufficient security
for the payment of the penalty that may be imposed, and of
damages and interest, and, in default, to rescind the precautionary
act.
Precautionary war-
rants to remain in 
force until final 
determination.
Added by:
XXXI. 2002.172.
838B.   Unless rescinded by the court or withdrawn by the party
suing out the warrant, all precautionary warrants shall remain in force
until the final determination of the cause
Sub-title I
O F THE  W ARRANT OF  D ESCRIPTION
Object of warrant.
right over movable things, for the exercise of which the applicant
may have an interest that such movable things remain in their
actual place or condition.
Manner of 
executing warrant.
840. (1) The marshal shall execute a warrant of description by
describing the things in detail stating the number and quality
thereof.
(2) He shall also state the weight or measure, and the value
thereof, if the applicant makes an express demand to that effect in
the application for the issue of the warrant, or subsequently, by
means of a note; in any such case the value shall be stated upon an
appraisement made by one or more experts appointed by the court.
Liability of person 
in possession of 
things described.
841.  The things so described shall remain in the custody of the
person in whose possession they are found, and such person shall
be responsible for their safe keeping, an express injunction to that
effect being included in the warrant.
Power of court.
party notice whereof is given to the other party, to give any order
calculated to prevent any loss, damage or deterioration of the things
described.
Time within which 
to bring action.  
Amended by: 
XII.1924.6; 
XXVII. 1977.3; 
XXIV. 1995.314.
843. (1) The applicant is bound to bring the action in respect
of the right stated in the warrant within six days from the delivery
of the notice of the execution of the warrant to the applicant or to
an advocate or legal procurator whose signature appears on the
application for the issuing of the warrant or within twelve days
after the issue of the warrant, whichever is the earlier date.
Consequences of 
default.
(2) If the applicant fails to bring such action, the effects of the
warrant shall cease and he shall be liable for all damages and
interest.
Extension of time.
shall, by means of a note filed in the registry, allow to the applicant
a time longer than that mentioned in the last preceding article, the
  188        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
warrant shall remain in force for such extended time.
Applicability of ss. 
278 to 282.
845.  The provisions of articles 278 to 282 inclusive, shall apply
to the execution of a warrant of description.
Sub-title II
O F THE  W ARRANT OF  S EIZURE
Applicability of ss. 
278 to 304, 842 
and 844. 
Amended by:
XI. 1859.37;
IX. 1886.103; 
XII. 1924.7; 
XXXI.1934.67; 
XXVII. 1977.4; 
XLIX. 1981.6; 
XIII. 1983.5; 
XXIV. 1995.315.
846. (1) The provisions of articles 278 to 304 and articles 842
and 844, shall apply to warrants of seizure.
Time within which 
to bring action.
(2) The applicant is bound to bring the action in respect of the
claim stated in the warrant, within four working days from the
delivery to him or to an advocate or legal procurator whose
signature appears on the application, of the notice of execution of
the warrant or within twelve days after the issue of the warrant,
whichever is the earlier date, and in default, the effects of the
warrant shall cease.
Judicial 
acknowledgement 
of claim to precede 
judicial sale by 
auction.  
Amended by: 
XXIV. 1995.316.
847.   The judicial sale by auction of the property seized shall
not take place without a previous judicial acknowledgment of the
debt or claim:
Provided that in the case of ships, other vessels, aircraft,
perishable goods or other deteriorating assets, the court, on the
application of claimant in pending litigation before the court, may
order the sale of the asset  pendente lite  if it appears to the court
upon an application of a creditor that the debtor is insolvent or
otherwise unlikely to be able to continue trading and maintaining
the asset. In reaching its conclusion the court shall consider all the
circumstances connected therewith including the nature of the
plaintiff’s claim, the defence raised against such claim, if any, and
such other steps which the debtor has taken to secure the claim, or
otherwise to preserve the asset.
In inferior courts 
demand for judicial 
acknowledgment 
of claim to 
accompany 
demand for issue 
of warrant. 
Amended by: 
XV.1913.158, 
159; 
XXIII. 1971.29; 
XIII. 1983.5; 
XII. 1985.18; 
VIII. 1990.3.
848.  Saving the provisions of articles 466 and 467 respecting
the claims of the Government, no warrant of seizure shall be issued
by the Court of Magistrates (Malta) or by the Court of Magistrates
(Gozo) in its inferior jurisdiction, unless, where the debt or claim
does not exceed fifty liri, the demand for such warrant be
accompanied by a demand for the judicial acknowledgement of
such debt or claim.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             189
Sub-title III
O F THE  G ARNISHEE  O RDER
Precautionary 
garnishee order. 
Amended by: 
IX.1886.104; 
XXVII. 1977.5.
849.   The effects of a precautionary garnishee order are the
same as those of an executive garnishee order, and the provisions
of articles 375 to 383 inclusive, and articles 842, 844, 846 and 848,
shall apply to such order:
Provided that - 
( a ) the action in respect of the claim stated in a
precautionary garnishee order shall be brought by the
applicant within four working days from the delivery
to him or to an advocate or legal procurator whose
signature appears on the application, of the notice of
the execution of the warrant or within ten working
days after the issue of the warrant, whichever is the
earlier date, and, in default, the effects of the order
shall cease; and
( b ) where the garnishee is a bank, a precautionary
garnishee order shall not apply to any money payable
by the bank in execution of any guarantee given by the
bank that it will effect payment on the demand of the
person in whose favour the banker’s guarantee is made
out; and in any such case, notwithstanding any
garnishee order, the bank shall have power to pay out
or otherwise dispose of any such money as free from
any garnishee order and shall also be entitled to
withdraw any such money from any court or other
place, or from any person, into which, or with whom,
it may have been lodged or deposited, and it shall be
the duty of the registrar of such court or other person
in possession or having control over such money to
return it forthwith, to the bank.
Duration of 
garnishee order. 
Amended by: 
XXXI. 1934.68; 
XXIV.1995.318.
850. Repealed by XXXI. 2002.179.
Order for judicial 
sequestration. 
851. (1) The court may, at any stage of the cause, on the
demand of either of the parties, or of its own motion, make an order
for judicial sequestration.
Statement as to 
nature, etc., of 
claim not requisite. 
(2) The sworn statement referred to in articles 831 and 832
shall not be requisite in regard to any such sequestration.
Duration of order.
rescinded by the court.
Power of court.
litigation be deposited with, or delivered to a third party who shall
bind himself to restore such thing, on the termination of the cause
or within the time fixed by the court, to the party to whom the court
shall order the thing to be restored.
  190        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Sequestration order 
in regard to 
immovable 
property. 
852.  The sequestration mentioned in the last preceding article
may also be ordered in regard to immovable property, where the
possession or ownership thereof is in dispute, or where it is
necessary for the security or preservation of the rights of any party
interested.
Judicial 
sequestrator.
853. (1) The sequestrator shall be chosen either by consent of
the parties interested, or by the court  ex officio.
Duties. (2) The sequestrator shall be subject to the same liabilities as
the depositary.
Remuneration: 854.   The sequestrator appointed under article 851 shall be
entitled to a remuneration, in the discretion of the court.
Substituted by: 
XXI V. 1995.319.
Sub-title IV *
O F THE  W ARRANT OF  I MPEDIMENT OF  D EPARTURE †
Object of warrant. 855.   A warrant of impediment of departure of any ship or
vessel may only be issued to secure a debt or a claim which could
be frustrated by the departure of the ship or vessel.
Contents and 
service of warrant.
856.  By the warrant of impediment of departure the marshal is
ordered to detain a ship or other vessel and to deliver to the
Comptroller of Customs and the officer responsible for ports in
terms of law a copy of the warrant enjoining him not to grant a
clearance to such ship or vessel, or, if already granted, to withdraw
it.
Persons on whom 
warrant is to be 
served.
Amended by: 
IV.1996.9.
857.   A copy of the warrant shall also be served on the person
whose ship or vessel is detained or the master or other person in
charge of such ship or vessel or the agent of such ship or other
vessel.
Consequences of 
disobedience of an 
injunction.
858.    The warrant shall contain a warning to all persons served
with it, that in case of disobedience, such persons shall be guilty of
contempt of court.
Powers of marshal 
in the execution of 
the warrant.
859.  The marshal is authorised to adopt, subject to the directives
of the court or of the registrar, all such measures as may be deemed
necessary for the due execution of the warrant.
Statements to be 
contained in 
application.
860.  In order to obtain the issue of the warrant the applicant
shall, in addition to the sworn statements required under articles
831 and 832, state on oath that by the departure of the ship or
vessel, his claim could be frustrated.
Warrant available 
where claim is not 
less than Lm3,000.
861.   A warrant may be demanded and obtained in security of a
debt or any other claim whatsoever amounting to not less than three
thousand liri, either before or after such debt or claim has been
judicially acknowledged.
* See  Article 2 of the Aircraft  ( Application of Laws )  Ordinance  ( Chapter 80 ) .
†The provisions of this Sub-title  ( articles 855 to 872 )  were repealed and substituted by
articles 855 to 870 by virtue of Act XXIV of 1995.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             191
Where warrant is 
demanded after 
judicial 
acknowledgement 
of claim.
862.  Where the warrant is demanded after a debt or claim has
been judicially acknowledged, the applicant shall, in the
application, make reference to the judgment acknowledging the
debt or claim and, besides the sworn statements under articles 831,
832 and 860, declare on the same oath that the judgment has not
been fulfilled or that it has not been wholly fulfilled.
Where warrant is 
demanded 
pendente lite.
863.   Where the warrant is demanded  pendente lite  besides the
circumstances referred to in article 860 the applicant shall also
declare on the same oath the fact of the pendency of the action,
giving the necessary details for the identification of the said action. 
Penalty in case of 
malicious demand 
for warrant.
864.  Where it is found that the warrant was obtained upon a
demand maliciously made, the penalty in terms of article 836(8)
shall not be less than three thousand liri.
Damages.
unjustly obtained, the party suing out the warrant may be liable for
damages and interest and this in addition to the penalty in terms of
articles 836 and 864.
Security for 
payment of penalty 
etc.
866.  It shall be lawful for the court, on good cause being
shown, upon the demand by application by a person whose ship or
vessel is detained, the master, the person in charge, or the agent of
the ship or vessel against which a warrant has been issued, to order
the party suing out the warrant to give, within a time fixed by the
court, sufficient security, in an amount not less than three thousand
liri, for the payment of the penalty, damages and interest, and, in
default, to rescind the warrant.
Time within which 
to bring action for 
judicial 
acknowledgement 
of claim.
867.  A warrant issued before the debt or claim has been
judicially acknowledged shall cease to be in force if the applicant,
within six working days from the issue of the warrant, fails to bring
his action for the acknowledgement of the debt or claim. Moreover
the applicant shall be liable for damages and interests:
Provided that where a person whose ship or vessel is detained,
the master, person in charge or agent of the ship or vessel against
which a warrant has been issued, shall have, by means of a note
filed in the registry, granted an extension of such time, the warrant
shall remain in force for the time so extended.
Warrant not to 
cease by deposit or 
security.
868. (1) Where the warrant has been issued for the purpose of
securing the enforcement of a judgment, the warrant shall not cease
to be in force by the deposit or security mentioned in article 830,
but only on the payment, or the unconditional deposit in court free
from the effects of any garnishee order, of the amounts due in terms
of the judgment including interests and judicial costs.
(2) Nor shall the warrant cease to be in force, in any other case,
unless, in addition to the deposit or security, there be appointed a
regular attorney or mandatory to judicially represent the ship or
vessel.
Duration of 
warrant.
869. (1) A warrant which has not ceased to be in force for
other reasons, shall remain in force for one year to be reckoned
from the day on which it was issued, unless within such time the
person suing out the warrant shall have, upon an application to that
  192        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
effect, obtained an extension.
(2) Such extension may be granted more than once, but it may
not be granted for more than one year each time.
(3) The decree allowing the extension shall state the date up to
which the warrant shall remain in force.
(4) The decree allowing the extension shall be served on the
persons mentioned in articles 856 and 857.
(5) None of such persons shall incur any liability if, after the
expiration of the said time, whether original or extended, and
before the decree of any such extension has been served on him,
shall act as if the warrant had ceased to be in force.
(6) The absence of a demand for an extension shall not be a bar
to the issue of a fresh warrant. 
Ships not subject to 
detention.
870. (1) No warrant shall be issued against any ship or vessel
wholly chartered in the service of the Government of Malta or
employed in any postal service either by the Government of Malta
or by any other government.
(2) No warrant shall be issued against any ship of war.
(3) A warrant of impediment of departure of a ship or vessel
shall, on an application by the Malta Maritime Authority, be
rescinded if the court is satisfied that because of the nature of its
cargo or of its length, draught or other circumstances concerning
safety, navigation or port operation, it is advisable that the ship or
vessel should leave port without delay.
Sub-title V
O F THE  W ARRANT OF  P ROHIBITORY  I NJUNCTION
Object of warrant. 
Amended by: 
VIII. 1981.8; 
XXII.1995.320.
873. (1) The object of a warrant of prohibitory injunction is to
restrain a person from commencing or continuing the erection of
any building or work whatsoever or from demolishing or
renovating any building or work, or to restrain a person from
entering any premises or place or from doing any thing whatsoever
which might be prejudicial to the person suing out the warrant.
Inquiry of court. (2) The court shall not issue any such warrant unless it is
satisfied that such warrant is necessary in order to preserve any
right of the person suing out the warrant, and that  prima facie  such
person appears to possess such right.
(3) The court shall not issue any such warrant against the
Government or authority established by the Constitution or any
person holding a public office in his official capacity unless the
authority or person against whom the warrant is demanded
confirms in open court that the thing sought to be restrained is in
fact intended to be done and the court is satisfied, after hearing the
explanations given, that unless the warrant is issued the prejudice
that would be caused would not be capable of remedy.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             193
(4) If on an application, it is proved to the satisfaction of the
court that subsequent to the issue of the warrant of prohibitory
injunction the person restrained has continued with the work or
demolition in breach of the court’s order, the court shall, without
prejudice to any other action competent to it at law, at a request of
applicant, condemn the person against whom the warrant had been
issued to remedy what was committed in breach of its order and to
authorise in default the applicant to carry out such remedial works
as the court may direct at the expense of the person restrained.
(5) A warrant of prohibitory injunction may also be demanded
by a creditor to secure a debt, or any other claim whatsoever,
amounting to not less than four thousand liri. The object of such a
warrant is to restrain the debtor from selling, alienating,
transferring or disposing  inter vivos  by onerous or gratuitous title
any property: provided that such a warrant shall not apply to the
constitution of any right on, or alienation or transfer of any
property made pursuant to a court order.
(6) The court shall not issue any such warrant unless it is
satisfied that such warrant is necessary in order to preserve any
right of the person suing out the warrant, and that  prima facie  such
person appears to possess such right and that unless such warrant is
issued the prejudice that would be caused would not be capable of
remedy:
Provided that where the warrant is intended to be issued against
the Government or an authority established by the Constitution or
any person holding a public office in his official capacity, such
warrant will not be issued if the authority or person against whom
the warrant is demanded declares in open court that the thing
sought to be restrained is not intended to be done.
(7) The court may initially issue any such warrant for an
interim period under such terms and conditions as it may deem
appropriate.
Cap. 56.
(8) Where a warrant prohibits the sale, alienation, transfer or
other disposal of immovable property the application shall contain
all the particulars relating to the person against whom it is directed
that are required by law in respect of the registration of a transfer of
immovable property by such person in the Public Registry. Where
the warrant refers to specific immovables, the application shall
describe them in the manner provided for in the Public Registry
Act, in respect of notes of enrolment.
(9) The warrant referred to in sub-article (8) shall upon its
issue and at the expense of the applicant, be served by the Registrar
within twenty-four hours on the Director of the Public Registry and
the Land Registrar who shall forthwith register the same in books
kept for the purpose. Such books shall be indexed and accessible to
the public. It shall also be served upon any person indicated by the
applicant.
(10) Upon registration of the warrant referred to in sub-article
(8) by the Director of the Public Registry, any future sale,
alienation, transfer or disposal of immovable property to which the
warrant refers shall be void and to no effect.
  194        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
(11) Without prejudice to the provisions of article 836, the
warrant referred to in sub-article (8) shall unless previously
revoked or otherwise ceases to be in force, continue to have effect
for a period of six months from the date of final judgment in favour
of the creditor in his action for the recovery of the debt or claim
referred to in sub-article (5); provided that the court may on an
application filed by the person suing out the warrant within such
period of six months, extend the validity of the warrant by one
further period of six months. Notice of such extension shall, at the
expense of the applicant, be served by the Registrar within twenty-
four hours on the Director of the Public Registry and the Land
Registrar.
Execution of 
warrant.
874.  The marshal shall execute the warrant by serving a copy
thereof on the party against whom it is issued.
Applicability of 
certain articles.
875.  The provisions of articles 279, 280, 282, 843, 844 and 858
shall apply to the warrant of prohibitory injunction.
Warrant in cases of 
personal 
separation. 
Added by: 
XXI. 1993.87. 
Amended by: 
XXIV. 1995.321.
Substituted by:
XXXI. 2002.185.
876. (1) Where a spouse has brought or intends to bring before
the Civil Court, a suit for personal separation, the spouse may
request such court to issue a warrant of prohibitory injunction:
( a ) against the other spouse restraining such other spouse
from selling, alienating, transferring or disposing  inter
vivos  whether by onerous or gratuitous title any
shareholding in any commercial partnership if such
shareholding is comprised in the community of
acquests; or
( b ) against any commercial partnership in which the other
spouse has a majority shareholding which pertains to
the community of acquests from selling, alienating,
transferring or otherwise disposing by onerous or
gratuitous title, any immovable property or rights
annexed thereto owned by that commercial
partnership; or 
( c ) against the other spouse from contracting any debt or
suretyship which is a charge on the community of
acquests. 
(2) The demand referred to in subarticle (1) may be made at
any time after filing the application before the Civil Court, and
until final judgement has been given in any such action for
separation. The demand may also be made where it is the other
spouse who has made the said application.
(3) A warrant issued under this article shall not apply to the
constitution of any right on, or alienation or transfer of any
property made pursuant to any court order.
(4) When the warrant is duly served, any obligation referred to
in subarticle (1)( c ) contracted after such service by the spouse
against whom the warrant is issued in favour of the person served
with the warrant shall be void and of no effect, and this without
prejudice to any liability for contempt of court under this Code.
(5) The spouse against whom the warrant is issued as well as
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             195
any partnership referred to in the warrant and any person showing
an interest may at any time by application request the court to
revoke or vary the warrant under this article.
Warrant to restrain 
a person from 
taking a minor 
outside Malta. 
Added by: 
XXIV. 1995.322.
Amended by:
XXXI. 2002.186.
877. (1) A warrant of prohibitory injunction may also be
issued to restrain any person from taking any minor outside Malta.
(2) The warrant shall be served on the person or persons
having, or who might have, the legal or actual custody of the minor
enjoining them not to take, or allow anyone to take, the minor, out
of Malta.
(3) The warrant shall also be served on: -
( a ) the officer charged with the issue of passports
enjoining him not to issue, and or deliver, any passport
in respect of the minor and not to include the name of
the minor in the passport of the minor’s legal
representatives or in the passport of any other person;
and
( b ) the Commissioner of Police enjoining him not to allow
such minor to leave Malta.
(4) If, before the service of the warrant on the officer charged
with the issue of passports, a passport in respect of the minor had
already been issued or the name of the minor had already been
included in the passport of another person, such officer shall take
the necessary steps to withdraw the passport in respect of the
minor, and of any other passport which includes the name of the
minor, and to delete the name of the minor from such passport.
Contents of 
warrant.
(5) The warrant shall contain the name and surname of the minor
and any other particulars that may be established by regulations, so as
to enable the persons served with the warrant to establish the identity
of the minor .
Contempt of court 
in case of breach.
(6) Any person served with the warrant who, directly or
indirectly, takes the minor, or allows the minor to be taken, out of
Malta shall be guilty of contempt of court.
Service of decree 
granting extension.
(7) The provisions of article 869(1), (2), (3), (5) and (6) shall
apply to such a warrant.
Repealed by: 
XII. 1985.23.
Sub-title VI
O F THE  M EDITATIO  F UGAE  W ARRANT
Articles 876 to 888 ,  both inclusive ,  were repealed by Act No. XII
of 1985.
  196        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by: 
IV. 1868.12.
Title VII
O F THE  P ROTEST AND  J UDICIAL  L ETTER
Protest and judicial 
letter. 
Amended by: 
IV.1868.13; 
IX.1886.105.
889. (1) The object of a protest is to make a solemn intimation
or declaration in order to place other parties in bad faith, or to
preserve one’s own rights.
(2) Nevertheless, where the law provides that such intimation
or declaration is to be made by means of a judicial act without
specifying the form thereof, the intimation or declaration may be
made by means of a judicial letter.
(3) Where the law does not prescribe the manner in which such
intimation or declaration is to be made, the intimation or
declaration may be made orally.
Effect from date of 
service. 
Amended by: 
IV.1868.14.
890.  The protest or judicial letter shall take effect from the day
of the service thereof.
Act interrupting 
prescription to take 
effect from day of 
filing. 
Amended by: 
IV. 1868.14.
891.  (1) Nevertheless, where the protest or judicial letter is
intended to interrupt the course of prescription, such protest or
judicial letter shall take effect from the day on which it is filed,
provided, if service is not effected within the eight days following,
the party filing the protest or judicial letter makes a demand by an
application for the publication in the Government Gazette of a
notice, signed by the registrar, containing the substance of the act
itself, and such notice is published in the Government Gazette
within a month to be reckoned from the day on which the act is
filed.
(2) Where the demand for the publication of the notice in the
Government Gazette is not made in time for the publication thereof
to take place on the day appointed by the Government for the
ordinary publication of the Gazette, an issue of the Gazette
containing the said notice shall be published as soon as possible, on
another day, on the demand and at the expense of the party filing
the protest or judicial letter.
(3) The provisions of this article shall also apply if the act
interrupting the course of prescription is a warrant.
Cautio Angeli. 
Amended by:
IX. 1886.106.
892.  The  Cautio Angeli  is abolished.
 Title VIII 
O F  S ECURITY
Security. 
When deemed to 
be sufficient.
893.   Any security prescribed by law, or ordered by the court, or
required in a lodgment schedule or in any other act, shall not, in
contentious matters, be deemed to be sufficient for the purpose for
which it is intended unless - 
( a ) the surety is accepted by the party concerned; or
( b ) the time within which the sufficiency of the surety
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             197
may be impugned has elapsed and the party giving the
security has passed on to further acts, or has insisted
on obtaining the object for which the security was
offered; or
( c ) the surety, if objected to, is declared to be sufficient by
the court, on the demand of the party producing the
surety against the party objecting; or
( d ) the surety is named in the judgment, schedule, or other
act, ordering or requiring the security.
How security is 
offered or objected 
to. 
Amended by: 
XV. 1913.160. 
Substituted by: 
XXIV. 1995.323.
894. (1) Unless otherwise provided by law, the security is
offered by means of a note or an application, stating the name,
surname, profession, trade, or other status of the surety, his place of
abode, his identity card number or that of any other official
document of identification; such note or application shall be served
on the parties concerned who shall, within a time to be fixed by the
court according to the circumstances of each particular case,
declare whether they accept or refuse the surety offered.
(2) Objection against the surety may be entered by means of a
note or in the answer to the application.
(3) If the security is offered in connection with proceedings
taken by application or by writ of summons, the surety may be
named in the application or in the writ of summons.
Where objection is 
made to 
sufficiency of 
surety. 
Substituted by: 
XII. 1942.2.
895. (1) Where objection has been made to the sufficiency of
the surety ordered or required for the withdrawal of the proceeds or
of a portion of the proceeds of immovable property, the surety,
unless such surety be a local bank or an insurance company locally
represented, in each case approved by the court for the purpose,
shall not be declared sufficient unless it be shown on proceedings
taken against the party objecting that he possesses immovable
property in Malta sufficient to meet the debt or obligation for
which he has made himself liable.
(2) Nevertheless, the party seeking to withdraw the said
proceeds in whole or in part may, in lieu of producing the surety
prescribed by law or ordered by the court or required in a lodgment
schedule or in any other act, or, where the surety produced has been
objected to, in lieu of finding a new surety, demand that an
advocate be appointed by the court at his own expense and subject
to such other conditions as the court may in its discretion impose,
in order that he may investigate the title to the property sold and to
report whether there is any reasonable ground to fear that the
purchaser might be evicted or molested in the quiet enjoyment of
the property, and in any such case, if the advocate’s report shows to
the satisfaction of the court that the title to the property is a good
title and that there is no reasonable ground to fear that the
purchaser might be evicted or molested in the quiet enjoyment of
the property, the court shall, after hearing the purchaser, order that
the hypothecation made by the party seeking the withdrawal of the
proceeds, even if such party does not own immovable property,
shall in itself be sufficient security for the recovery of the proceeds,
regardless of any conditions originally imposed for such
  198        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
withdrawal.
(3) Where the surety required is not in respect of the proceeds
of immovable property, it shall be lawful for the court on proof
being made to its satisfaction to declare the proposed surety to be
sufficient surety without the necessity of his having immovable
property.
Security tor 
judicial costs. 
Amended by: 
IX. 1886.108; 
XV. 1913.161. 
896. (1) Security for judicial costs shall not be required,
except where prescribed by this Code.
Judicial costs to 
include registry 
fees.
(2) Judicial costs shall also include the fees due to the registry. 
Objection to 
security. 
(3) The security given may be objected to both by the registrar
and the opposite party.
Form of objection. 
Amended by: 
XV. 1913.162. 
Substituted by: 
XXIV. 1995.324. 
897.  Any objection to the security for costs shall be made by
the opposite party in the answer or, in the case of counter-claims, in
the reply. Such objection may also be made by means of a protest,
provided that such protest is filed, in regard to actions before a
court of first instance, within the time allowed for the answer, or in
cases of a counter-claim, within the time allowed for the reply.
Protest not to 
suspend running of 
time for filing 
pleadings.
898.  The protest referred to in the last preceding article shall
not operate so as to suspend the running of the time prescribed for
the filing of any written pleading.
Enlargement of 
time for filing 
pleading, etc., not 
to imply 
enlargement of 
time for objecting 
to security.
899.  Where the time allowed for the filing of any written
pleading has been enlarged or where contumacy has been cleared,
the time within which objection to the security for costs may be
taken as provided in article 897 shall in no case be deemed to be
thereby enlarged or granted anew.
Objection to be 
notified to party 
giving security. 
Party to give fresh 
security, etc. 
Amended by: 
XXIV. 1995.325.
900. (1) Where objection to the security for costs is regularly
taken, the party giving the security shall be notified thereof; and
before the cause is set down on the list for hearing, he shall either
produce a fresh security, or file an application demanding that the
security already offered be approved, or that he be admitted to the
juratory caution if such caution is admissible.
Fresh security to be 
notified to party 
objecting.
(2) Any fresh security shall be notified as aforesaid, and
objection thereto may also be taken in the first act filed by the party
objecting within the time allowed for the filing of such act, or by a
protest, within a time corresponding to the time referred to in
article 897.
Fresh security 
admissible, if 
previous security 
declared 
insufficient. 
Amended by: 
XXI V. 1995.326.
901.  The disallowing of the demand contained in the
application referred to in the last preceding article, shall not
operate so as to bar the production of a fresh security; but such
security may always be objected to within the said time, after
notice thereof has been duly given to the parties concerned.
Where objection is 
taken after cause is 
set down for 
hearing.
902. (1) Where objection to the security for costs is taken after
the cause is set down on the list for hearing, or where such
objection is notified less than two days before the cause is so set
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             199
down, the party giving the security may, on the day appointed for
the hearing, demand orally that he be allowed to prove, before the
commencement of the hearing, the sufficiency of the surety.
Where time for 
objecting expires 
after cause is set 
down for hearing.
(2) Where the time for taking objection to the surety expires
after the cause is set down on the list for hearing, the objection may
be taken orally before the commencement of the hearing, and in
such case the party giving the security may demand that he be
allowed the time of at least two days in order to prove the
sufficiency of the surety.
Where party giving 
security fails to 
prove sufficiency 
of security.
(3) In either case, failing such proof, the provisions contained
in articles 200 to 209 inclusive, shall be observed.
Objection to 
security by 
registrar. 
Added by: 
XV. 1913.163.
903.  Where objection to the security for costs is taken by the
registrar, such objection shall be made by a protest within the time
referred to in articles 897 and 900:
Provided that in the cases referred to in the last preceding article,
the objection shall be made orally, as provided in sub-article (2) of
that article.
Juratory caution. 
Amended by: 
XXIV. 1995.327.
904. (1) It shall be lawful to admit the plaintiff or appellant to
juratory caution, if he shows  prima facie  a  probabilis causa
litigandi  and swears that he was unable to raise such security as is
required by law.
(2) It shall be lawful for the court at the hearing of the
application for the juratory caution, to proceed to hear the merits in
so far as the same might bear on the issue as to the juratory caution.
Special rules 
respecting security. 
Amended by: 
XV. 1913.164; 
L.N. 148 of 1975.
905.  In the absence of any special provisions to the contrary in
regard to security, the following rules shall be observed:
( a ) the Government of Malta is exempt from giving any
security whatsoever prescribed or required;
( b ) churches or other pious institutions or bodies corporate
may, in matters in which they are concerned, and after
having obtained the requisite authority, give a
hypothecary security affecting property belonging to
them, in lieu of any other security prescribed or
required;
( c ) in the case of a deposit representing the proceeds of a
sale of immovable property, the person applying for
the withdrawal of such deposit may be allowed to give
a hypothecary security on his own property, if he
shows to the full satisfaction of the court, in
proceedings taken against the party in whose favour
the security is prescribed or required, that he possesses
sufficient immovable property, situate in Malta, to
safeguard the interest to be secured; the costs of such
proceedings shall be borne by the plaintiff, saving his
right, if any, to recover them from any person liable
therefor;
( d ) if a surety after being accepted becomes insolvent,
  200        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
another shall be produced;
( e )   (i)  the surety shall enter into a bail-bond in the
registry of the competent court;
 (ii) a bail-bond shall also be entered into by the
principal debtor where he is required expressly
to bind himself, even in the case of a juratory
caution or a hypothecary security;
(iii) in either case the obligation on the bond may be
enforced by personal arrest;
( f ) it shall be lawful for the surety, at any time, to release
himself from his obligation, by substituting another
sufficient security;
( g ) any person interested may cause the said obligations,
as well as the hypothecary security referred to in
paragraphs ( b ) and ( c ), to be registered in the Public
Registry.
Title IX
O F  D ISCONTINUANCE
Withdrawal of 
acts. 
Amended by: 
XXVII.1979.20; 
XXIV 1995.328.
906. (1) Any of the parties may, by means of a note signed by
him or his advocate, at any stage of the trial before definitive
judgment is given, withdraw the acts filed by him.
(2) If on the day appointed for the trial as stated in article 152,
the notice mentioned in article 152(2) was not served upon him, his
advocate or his legal procurator, and the failure of service has
persisted for more than one month from the date first set for the
trial, the court shall adjourn the case  sine die .
Effect of 
withdrawal. 
Amended by: 
IX.1886.109.
907. (1) The withdrawal produces the same effects as
desertion. 
Payment of costs 
before institution 
of fresh action.
(2) The party discontinuing the action shall pay the costs of the
proceedings, and he may not commence another action for the same
cause before he has actually paid such costs to the other party.
Conditional 
withdrawal. 
Amended by: 
IX. 1886.109.
908.  Where the withdrawal is not unconditional, it shall be
lawful for the other party not to accept it and to insist that the
action be proceeded with and determined.
Annexing of 
exhibits to fresh 
record. 
Amended by: 
XXIV. 1995.329.
909.  If the party discontinuing the action desires to commence
another action for the same cause, any of the exhibits or any other
evidence produced by him in the former proceedings, shall at his
request be inserted in the record of the new action; and where the
new action is, or has been instituted in another court, any such
exhibits or any other evidence shall, upon a demand to that effect
by an application, be forwarded to such other court.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             201
Effect of 
discontinuance of 
appeal by some of 
the co-appellants.
910.   Where several parties having the same interest have
entered an appeal against a judgment and some of the parties have
discontinued their appeal, it shall not be lawful for the other parties
continuing the appeal to demand, in the same proceedings, the
adjudication in their favour of the shares of the parties
discontinuing the appeal in addition to what they have originally
claimed.
Substituted by: 
XXIII. 1971.38.
Title X
O F THE  A DMISSION TO  S UE OR  D EFEND WITH THE 
B ENEFIT OF  L EGAL  A ID
Benefit of legal 
aid. 
Amended by: 
XXXI. 1934.76; 
XXIII. 1971.39; 
VIII. 1990.3. 
Substituted by: 
XXIV. 1995.330.
Amended by:
III. 2002.158.
911. (1) The demand for admission to sue or defend with the
benefit of legal aid in any court mentioned in articles 3 and 4 and
before any other adjudicating authority where the benefit of legal
aid is by law granted, shall be made by application to the Civil
Court, First Hall.
(2) Nevertheless, such demand may also be made orally to the
Advocate for Legal Aid.
(3) The decree granting the benefit shall apply to all the courts
and adjudicating authorities mentioned in sub-article (1).
(4) The Advocate for Legal Aid shall render his professional
services to persons whom he considers would be entitled to the
benefit of legal aid, and prior to their obtaining such benefit,
prepare and file all judicial acts, which may be of an urgent matter.
The following procedure shall be followed:
( a ) the Advocate for Legal Aid, shall file an application in
the competent court in his own name requesting that he
be authorised to file specific judicial acts, on behalf of
a person or persons claiming the benefit for legal aid
as he considers the matter urgent;
( b ) the competent court shall, in such an event, allow such
request unless there are serious reasons to the
contrary;
( c ) the Advocate for Legal Aid, after the judicial acts are
allowed to be filed, shall then follow the normal
procedure leading to the appointment or otherwise of
an advocate and legal procurator  ex officio  as provided
in this Title:
Provided that if the Civil Court, First Hall, shall
subsequently exclude the benefit of legal aid, this shall not produce
the nullity of any judicial act filed with such benefit but shall
merely terminate for the future the benefit of legal aid given as
aforesaid, and the court may order that the person deprived of such
benefit pay all costs incurred.
(5) The Minister responsible for justice shall provide such
facilities as are necessary for the proper administration of the
benefit of legal aid.
  202        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
(6) There shall be an Advocate for Legal Aid and the
expression  '' Advocate for Legal Aid ''  in this Code or in any other
law includes any other lawyer, officer or public officer designated
by the Minister responsible for justice to perform, under the
guidance of the Advocate for Legal Aid, any function pertaining to
the Advocate of Legal Aid or to the administration of the benefit of
legal aid..
Conditions for 
admission to the 
benefit of legal aid. 
Amended by:
IX. 1886.111;
XVI. 1922.6;
XXXI. 1934.77.
Substituted by:
XXIII. 1971.40.
Amended by:
XIII. 1983.5.
Substituted by:
XXIV. 1995.331.
Amended by:
IV. 1996.12.
912.   No demand as is mentioned in article 911 shall be granted
unless the applicant confirms on oath, in the case of an application,
before the registrar, and in the case of an oral demand, before the
Advocate for Legal Aid:
( a ) that he believes that he has reasonable grounds for
taking or defending, continuing or being a party to
proceedings; and 
( b ) that excluding the subject-matter of the proceedings,
he does not possess property of any sort, the net value
whereof amounts to, or exceeds, three thousand liri, or
such other sum as the Minister responsible for justice
may from time to time by order in the Gazette
establish, not including everyday household items that
are considered reasonably necessary for the use by
applicant and his family, and that his yearly income is
not more than the national minimum wage established
for persons of eighteen years and over, or such other
sum as the Minister responsible for justice may from
time to time by order in the Gazette establish:
       Provided that in calculating the said net asset value,
no account shall be taken of the principal residence of
applicant or of any other property, immovable or
movable, which forms the subject matter of court
proceedings, even though such other property is not
the subject-matter of the proceedings in respect of
which legal aid is being applied for:
    Provided further that in calculating the income, the
period of computation shall be the twelve months’
period prior to the demand for the benefit of legal aid.
Non-applicability 
of s. 912. 
Added by: 
XI. 1980.4.
913. (1) The provisions of the last preceding article shall not
apply to the granting of legal aid to any person for bringing an
action for the correction or cancellation of any registration, or for
the registration, of any act of birth, marriage or death.
(2) Where any such action is disallowed the court shall deprive
of such benefit the person admitted to proceed with the benefit of
legal aid and, unless it sees good cause to the contrary, order him to
pay all costs of the suit.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             203
Examination of 
demand for benefit 
of legal aid by 
Advocate for Legal 
Aid. 
Amended by: 
IX. 1886.112; 
XXXI. 1934.78; 
XXIII. 1971.41; 
XXIV. 1995.332.
914. (1) Where the demand is made by an application, the
Civil Court, First Hall, shall refer the application to the Advocate
for Legal Aid who shall summarily examine the demand and report
to the Civil Court, First Hall, whether the applicant has reasonable
grounds for taking or defending proceedings, and where the
demand is made orally to the Advocate for Legal Aid, he shall
proceed directly with such examination and report:
Provided that no such examination shall be necessary where the
demand for admission to the benefit of legal aid is made by the
defendant in first instance or the respondent in second instance, and
such defendant or respondent shall always be admitted to defend
with such benefit upon taking the oath prescribed in article 912.
Examination of 
counter-claim.
(2) Where the defendant desires to set up a counter-claim
against the plaintiff, the said examination shall be made in regard
to such counter-claim.
Summoning of 
witnesses to be 
examined by 
Advocate for Legal 
Aid.
(3) Where the Advocate for Legal Aid deems it necessary to
examine witnesses, he shall apply to the Civil Court, First Hall, for
such witnesses to be summoned to attend before him.
Subpoena issued 
free of charge.
(4) The writ of subpoena to such witnesses shall be issued free
of charge.
Administering of 
oath to witnesses.
(5) The Advocate for Legal Aid, before taking the evidence of
the witnesses, shall administer the oath to them.
Where witnesses 
fail to attend.
(6) Should any witness, duly summoned, fail to attend, the
Civil Court, First Hall, shall, on the report in writing of the
Advocate for Legal Aid, proceed in the manner provided in article
575.
Notice of demand 
to opposite party. 
Amended by: 
IX.1886.113; 
XXXI.1934.79; 
XXIII.1971.42; 
XXIV.1995.333.
915. (1) Upon a demand for leave to proceed with the benefit
of legal aid, the Advocate for Legal Aid shall through the marshal
cause notice of the demand to be given to the opposite party calling
upon such party to give, within four days from such notice, all
necessary information respecting his reasons against the claim of
the applicant.
Opposite party 
may demand 
summoning of 
witnesses.
(2) It shall be lawful for the opposite party to demand the issue
of subpoenas to witnesses whom he desires to be examined in his
interest by the Advocate for Legal Aid.
Applicability of 
subss. ( 4 ) ,  ( 5 )  and 
( 6 )  s. 914.
(3) The provisions of sub-articles (4), (5) and (6) of the last
preceding article shall apply to such witnesses.
Report of 
Advocate for Legal 
Aid.
(4) Upon the conclusion of the examination of the witnesses, or
upon the expiration of the time referred to in sub-article (1), the
Advocate for Legal Aid shall, within four days, submit his report to
the Civil Court, First Hall.
Enlargement of 
time for report of 
advocate for Legal 
Aid. 
Amended by: 
XXIII. 1971.43; 
XXIV. 1995.334.
916.  Where in any particular case, the character of the
examination to be made by the Advocate for Legal Aid is such as to
require a longer period of time, he shall make an application to the
Civil Court, First Hall, and the court may grant such extension of
the time as it may deem necessary.
  204        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Decree allowing or 
rejecting demand 
for legal aid. 
Amended by: 
XXIII.1971.44. 
Substituted by: 
XXIV. 1995.335.
917.   If the report of the Advocate for Legal Aid is in favour of
the applicant, the latter shall be admitted to the benefit applied for;
but if the report is unfavourable, it shall be examined by the Civil
Court, First Hall, which shall give the parties the opportunity to
make their submissions, before it decides on whether to accept the
adverse report, or to reject the report and admit the demand.
Advocate and legal 
procurator to be 
assigned to person 
with benefit of 
legal aid. 
Amended by: 
XXIII. 1971.45; 
XXIV. 1995.336.
918.  The Civil Court, First Hall, shall assign to the party
admitted to proceed with the benefit of legal aid the advocate and
the legal procurator whose turn it is according to the rota referred
to in article 91, and it shall be lawful for such party for a good
cause, to request the court, through the Advocate for Legal Aid, to
substitute the advocate or legal procurator by another advocate or
legal procurator from the rota:
Provided that if the party is admitted to appeal with the benefit of
legal aid from a judgment of first instance, he shall continue to be
served by the advocate and legal procurator assigned to him as
aforesaid.
When party may 
not be admitted to 
proceed with the 
benefit of legal aid. 
Amended by: 
XXIII.1971.46.
919. (1) A person shall not be admitted to proceed with the
benefit of legal aid - 
( a ) where in the same cause and by the same court a
demand made by such party for admission to the
juratory caution or any other benefit whatsoever has
been disallowed for want of a  probabilis causa
litigandi  on the part of the applicant in respect of the
action which he intends to prosecute; or
(b) where in regard to the same action, such party has
already been by the same court refused admission to
proceed with the benefit of legal aid for want of a
probabilis causa litigandi .
(2) The provisions of this article shall apply so long as the
circumstances relating to the absence of a  probabilis causa
litigandi  remain the same.
Person with benefit 
of legal aid to be 
exempt from 
payment of fees, 
etc. 
Amended by: 
XXIII. 1971.47. 
920. (1) The person admitted to proceed with the benefit of
legal aid shall be exempt from the payment of all fees and from
giving security for costs; but the plaintiff, or the defendant setting
up a counter-claim, as the case may be, shall give a juratory caution
to pay the costs, if able to do so, to the opposite party, in case it
shall be so adjudged.
Where party 
proceeding with 
the benefit of legal 
aid is cast in costs.
(2) Where the party proceeding with the benefit of legal aid is
cast in costs, it shall in no case be lawful for the registrar to claim
from the successful party the fees due to the registry.
Where party 
proceeding with 
the benefit of legal 
aid succeeds in his 
action.  
Amended by: 
XXIII. 1971.48.
921.  If the party admitted to proceed with the benefit of legal
aid succeeds in the action, he shall, out of the amount obtained or
out of the proceeds of the judicial sale by auction of the movable or
immovable property effected in pursuance of the judgment, pay the
fees due to the registry, advocate, legal procurator and to the
curators and referees, if any, saving his right of reimbursement as
against the party who may have been ordered to pay such fees.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             205
Nullity of acts not 
in accordance with 
terms of 
admission. 
Amended by: 
IX. 1886.114; 
XXXI. 1934.80; 
XXIII. 1971.49.
922. (1) All acts filed by the party proceeding with the benefit
of legal aid shall be null if they are not in accordance with the
terms of the admission to such benefit.
Advocate may 
bring action in a 
manner different 
from terms of 
admission.
(2) Nevertheless, it shall be lawful for the advocate assigned to
the party admitted to proceed with the benefit of legal aid to bring
the action in a manner different from the terms of the admission, if
he deems it expedient so to do in the interest of such party,
provided he shall not substantially alter the claims admitted in the
report of the Advocate for Legal Aid.
Where person may 
be deprived of 
benefit. 
Amended by: 
XVI.1922.5; 
XXIII.1971.50; 
XIII.1983.5. 
Substituted by: 
XXIV. 1995.337.
923. (1) The Civil Court, First Hall, shall deprive of such
benefit the person admitted to proceed with the benefit of legal aid
if it is shown that he possesses capital or income exceeding that
established for the grant of legal aid.
Person deprived of 
benefit may be 
guilty of contempt 
of court.
(2) If it is shown that he knowingly possessed such capital or
income at the time the benefit of legal aid was granted or that he
knowingly had an increase in his financial circumstances  pendente
lite  thereby possessing such capital or income in excess of that
established for the grant of legal aid and had failed to report the
same to the Civil Court, First Hall, then it shall be lawful for the
said court to condemn him for contempt of court:
Provided that no contempt proceedings shall be taken by the said
court if such a person is liable to legal proceedings for perjury, and
the said court has ordered that he be forthwith arrested, and that a
copy of the acts be transmitted without delay, through the registrar,
to the Court of Magistrates in order that proceedings may be taken
according to law.
(3) The Civil Court, First Hall, shall also deprive the applicant
of such benefit if he is proceeding vexatiously.
(4) In all cases in which the applicant for the benefit of legal
aid has been deprived of such benefit, he shall be liable personally
for all the costs of the proceedings to which he would have been
liable if the benefit of legal aid had not been granted to him.
Penalty for 
advocate or legal 
procurator refusing 
his aid without just 
cause.  
Amended by: 
XXIII. 1971.51; 
XXIV. 1995.338.
924.  If the advocate or legal procurator assigned to the person
admitted to the benefit of legal aid, without good cause, refuses to
undertake or continue the case, it shall be lawful for the Civil
Court, First Hall, to sentence such advocate or legal procurator to
pay the expenses necessary for the suit, or order him to undertake
or continue the case under pain of interdiction from the exercise of
his profession for a period not exceeding one month.
Duties of advocate 
or legal procurator. 
Amended by: 
XXIII. 1971.52. 
Substituted by: 
XXIV. 1995.339.
925. (1) The advocate or legal procurator assigned to the
person admitted to the benefit of legal aid shall:
( a ) act in the best interest of the person admitted to the
benefit of legal aid;
  206        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
( b ) appear in court when the case of the person admitted to
the benefit of legal aid is called;
( c ) make the necessary submissions and file the requisite
notes, writs of summons, statements of defence,
notices, applications, and other written pleadings as
circumstances require.
(2) The advocate or legal procurator shall remain responsible
for a cause assigned to him as aforesaid, until the same has been
finally disposed of, even though the period of his appointment may
have expired.
Benefit of legal aid 
before Civil Court, 
Second Hall. 
Added by: 
XXIII. 1971.53. 
Amended by: 
L.N. 148 of 1975; 
XIII.1983.5.
926.   Repealed by: XXIV. 1995.340. 
Demand and grant 
of benefit of legal 
aid. 
Added by: 
XXIII. 1971.53.
927.   Repealed by: XXIV. 1995.340. 
Applicability of 
preceding articles.  
Added by: 
XXIII. 1971.53.
928.   Repealed by: XXIV. 1995.340.
Title XI 
O F  C URATORS 
Where curators are 
to be appointed in 
superior courts or 
Gozo court in 
superior 
jurisdiction.  
Amended by: 
XXIII. 1971.54; 
XV. 1983.11; 
VIII.1990.3; 
XXIV. 1995.341.
929.  Besides the cases where by express provision of this Code
the appointment of curators is necessary, the court shall also
appoint curators to appear in and defend proceedings in any of the
superior courts or in the Court of Magistrates (Gozo) in its superior
jurisdiction - 
( a ) in the interest of any absent person or minor not
legally represented or imbecile or person interdicted or
any person uncertain who is entitled to succeed to an
entail or to any vacant inheritance not legally
represented or any person who may in future be
entitled to succeed to such entail or inheritance; or
( b ) in the interest of any person not known to be living or
presumed to be dead, where, for the purposes of any
action, it is necessary judicially to call upon such
person; or
( c ) in the interest of any person presumed to be dead,
where any other person claims to succeed to the rights
of such person; or
Cap. 168.
( d ) in the interest of any commercial partnership
registered or established under the Commercial
Partnerships Ordinance *  or any other law substituting
the same Ordinance or any body of persons or other
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             207
organization if the person or any of the persons vested
with the representation thereof is or are absent from
Malta or where there is or are no such person or
persons, or enough persons vested with such
representation.
Appointment of 
curators before or 
in the course of 
proceedings.
930. (1) The curators shall be appointed by the competent
court on a demand made by an application filed together with the
act whereby the action is commenced; in any such case the names
of the curators shall not be stated in the act whereby the action is
commenced, and it shall be the duty of the registrar, upon the
appointment of the curators, to insert the names of such curators in
the act before giving course thereto.
(2) Curators may also be appointed on an application  pendente
lite  or even on a verbal demand made during the hearing of the suit,
where the appointment of curators becomes necessary after the
commencement of the suit.
(3) The filing of any such application shall suspend the course
of any time respecting the acts of procedure.
Issue of banns. 
Posting up and 
service of banns. 
Substituted by: 
XV.1983.12.
Amended by: 
XXIV.1995.342.
931. (1) The court, upon making an order for the appointment
of curators, shall issue banns to be posted up at the entrance of the
building in which the court sits.
(2) A copy of the banns together with a copy of the pleading or
a summary thereof shall be served on one of the persons most
closely related to the person to be represented or in respect of
whose inheritance the appointment of curators is demanded, and
where no relations are known, such copy shall be served on some
other person known to be or have been a friend of the person
concerned.
(3) Where no relation or friend as is mentioned in sub-article
(2) is known to the person demanding the appointment of curators,
the court may order that instead of the service mentioned in sub-
article (2) a copy of the banns together with a copy of the pleading
or a summary thereof be published in the Government Gazette and
in at least two daily newspapers at the expense of the applicant.
Contents of banns.
Amended by: 
XXIV. 1995.343.
932. (1) The banns shall contain an indication of the demand
for the appointment of curators and of the order of the court,
together with an intimation that any person willing to accept the
appointment is to appear, within six days in the registry and declare
his acceptance by means of a note.
(2) There shall also be stated in the banns that, in default of any
such declaration, the court shall proceed to appoint official
curators.
Confirmation as 
curator of person 
offering to accept 
appointment.
933.   Where any person appears and, by a note signed by him,
offers to accept the appointment, it shall be lawful for the court, if
it deems it for the benefit of the interest to be represented, to
confirm as curator the person so appearing.
*Repealed by Act XXV of 1995 (Cap. 386).
  208        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Appointment of 
official curators.  
Amended by: 
XXIV. 1995.343.
934.  If no person appears within the said time of six days, or if
the court does not confirm the person appearing, the court shall
appoint as curators an advocate and a legal procurator from those
on the rota mentioned in article 91.
Person confirmed 
as curator not 
entitled to 
expenses.
935.  The person appearing to the banns, if confirmed as
curator, shall not be entitled to the reimbursement of the expenses,
except where a favourable judgment is obtained with costs.
Duties of curators. 
Substituted by: 
XXIV. 1995.344.
936. (1) The curators are bound to use their best diligence for
the benefit of the interest which they represent. The duties of the
curators shall include the following:
( a ) to fully inquire as to the rights of the persons whom
they represent and to identify these rights;
( b ) to take all the necessary measures to safeguard the
aforesaid rights;
( c ) to contact forthwith the person or persons whom they
represent, if the address is known; if unknown, they
are to take all possible measures to find out their
address including that of publishing, with the authority
of the court, a notice in a newspaper of the place where
last known;
( d ) to inform the person or persons whom they represent
of any judicial act and of the contents thereof;
( e ) to obtain all the necessary information to defend the
interests of the person or persons whom they
represent;
( f ) to continue looking after the interests of the person or
persons whom they represent with regard to pending
matters although the period of appointment under
articles 89 or 90 may have expired; and
( g ) to keep the court regularly informed of all actions
taken in the execution of their duties.
(2) The curators shall be liable for damages and interest which
may be occasioned by their negligence.
Duties of legal 
procurator 
appointed as 
curator.
937.  The legal procurator appointed to act as curator shall
obtain for the advocate such information as to facts as the advocate
shall require, file the written pleadings, be present at the hearing,
and afford all other necessary assistance to the advocate.
Fees due to official 
curators. 
Amended by: 
IX.1886.115. 
Substituted by: 
XXIV.1995.345.
938.  The curators appointed from the rota shall, respectively,
be entitled to the necessary expenses incurred by them and to such
fees as according to the tariffs in Schedule A annexed to this Code
are generally due to the advocate and the legal procurator in a
cause:
Provided that the court may at the request of the curator order
that a provisional sum be paid on account and in advance to the
curator by the person requesting the appointment of such curator to
cover expenses which the curator indicates that he would be
incurring:
Provided further that where the court removes a curator in case
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             209
of misconduct or negligence according to the provisions of article
96, the court shall order that no fees as aforesaid be paid to the
curator or that only a specified portion thereof be paid, without
prejudice to any other right competent to the person he was
representing for damages suffered.
Appointment as 
curators of persons 
expert in the 
subject-matter of 
the curatorship.
939.  Where the curator is to be entrusted with the charge of
ships or merchandise, the court shall appoint as curator a person
who is skilled in the matter for which the appointment is sought,
but if any action shall arise, the court shall, in addition to such
curator, appoint one of the advocates on the rota mentioned in
article 91.
Appointment of 
curators  ad litem  in 
inferior courts. 
Amended by: 
XV. 1913.165; 
VIII. 1990.3.
940.  In the Court of Magistrates (Malta) and in the Court of
Magistrates (Gozo) in its inferior jurisdiction, the appointment of
curators  ad litem  shall be made on the verbal demand of the party,
observing the procedure laid down in articles 931, 932 and 933.
Power of court.  
Amended by: 
IX. 1886.116.
941.  Where, in the cases referred to in the last preceding article,
no person voluntarily appears to assume the curatorship, or the
court does not deem it proper to confirm the person appearing, the
court shall appoint as curator an advocate or a legal procurator even
though not on the rota mentioned in article 91.
Procedure 
prescribed in Title 
to apply to cases 
arising before court 
of second instance 
or on new trial.
942.  The procedure prescribed in this Title shall also apply
where the occasion for appointing curators arises before a court of
second instance or on a new trial.
Title XII 
O F  D EPOSITS
Irregular deposits 
( i.e. lodgment of 
money legally 
current in Malta ) .
Amended by: 
VIII.1903.3; 
XV.1913.166; 
L.N. 4 of 1963; 
XXXI.1966.2; 
VIII.1990.3; 
XXIV.1995.357.
943. (1) Irregular deposits of moneys in the superior or
inferior courts shall be effected by the filing of a schedule in the
registry and the lodging of the moneys in the place appointed by the
Minister responsible for justice by a notice in the Government
Gazette.
(2) A copy of the lodgment schedule shall be served upon all
parties interested.
(3) The lodgment schedule shall be signed by an advocate or a
legal procurator, as the case may be:
Provided that in matters pertaining to the Civil Court, First Hall
or to the Court of Magistrates (Gozo) in its superior jurisdiction in
commercial matters or to the inferior courts, the signature of the
person making the deposit shall be sufficient.
(4) The Government shall be responsible for such deposits.
Conditions for 
withdrawal of 
money. 
Amended by: 
IX.1886.117; 
XV. 1913.167.
 944. (1) Save as otherwise provided by law, the money so
lodged may not be withdrawn, in whole or in part, except on
compliance with the conditions laid down in the lodgment
schedule, unless the withdrawal of such money is effected in
execution of a judgment constituting a  res judicata  or in pursuance
  210        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
of the express consent of the parties interested.
Where lodgment is 
made by execution 
officer. 
Time for entering 
opposition to 
withdrawal.
(2) Where, however, the lodgment is made by the marshal or
other executive officer to whom, in the execution of any warrant
issued in virtue of a judgment or other executive title, the debtor
may have delivered, either wholly or in part, the amount stated in
the warrant, on condition that such amount shall remain on deposit,
the creditor at whose suit execution was issued, shall, on his
demand, even verbal, be allowed to withdraw such amount, unless
the debtor, within fifteen days from the execution of the warrant,
by writ of summons, shall have brought forward his reasons against
the withdrawal by the creditor of such amount, wholly or in part.
Enlargement of 
time.
(3) The said time of fifteen days may be extended, on good
cause being shown, to another fifteen days only, on the demand of
the debtor by an application.
Duties of registrar 
in connection with 
withdrawal of 
money. 
Added by: 
IX. 1886.118. 
Substituted by: 
XXIV. 1995.346.
Amended by:
II.1996.78.
945. (1) Where a deposit is withdrawn, wholly or in part,
either on account or in full settlement of a debt due under a
judgement or other public deed, the registrar shall, on the demand
and at the expense of any person interested, enter a note of such
withdrawal in the margin of the judgment, and transmit a note
thereof to the notary or other officer before whom the deed from
which the debt arises was received or who is the keeper thereof. 
Reductions and 
cancellations of 
lawful causes of 
preference.
(2) Where the debt referred to in sub-article (1) is secured by
any one of the lawful causes of preference specified under article
1996 of the Civil Code, any interested party may effect the
reduction or cancellation of the relative registration in the manner
provided in articles 2065 and 2066 of the aforementioned Code.
The relative note shall be signed by the person requesting the
reduction or cancellation of the registration or by an advocate, a
notary or a legal procurator.
Additional pre-
requisite for 
registration.
(3) It shall be a pre-requisite for such registration that an
authentic copy of the note of withdrawal referred to in sub-article
(1) be annexed to the note of reduction or cancellation.
Claim touching a 
deposit, equivalent 
to garnishee order. 
Amended by: 
XV.1913.168; 
XXIV.1995.347.
946. (1) Where a claim is made by writ of summons touching a
deposit existing in any court, the registrar shall, on the demand of
the party, make a note thereof on the lodgment schedule and such
claim shall, upon such demand, have the effect of a garnishee order
until the decision on such claim shall have become  res judicata ,
saving the provisions relating to the enforcement of judgments
pending an appeal therefrom.
(2) The provisions of sub-article (1) shall also apply in the case
where the claim is made by an application, provided the applicant
makes a demand to the registrar to enter a note of such claim on the
lodgment schedule.
(3) The demand referred to in this article shall be made by
means of a note.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             211
Withdrawal of 
deposit made under 
a schedule of 
redemption. 
Amended by:
II. 1940.14; 
IV.1961.12.
947.  Any deposit made under a schedule of redemption may,
the right of redemption being waived, be withdrawn by the party
making the deposit without the necessity of the consent of the party
against whom the right of redemption was sought to be exercised,
even though the latter may have been notified of the deposit,
provided he shall not have signified by means of a judicial act his
acceptance of the redemption.
Deposit of things 
other than cash. 
Amended by:
XV. 1913.169.
948. (1) Any deposit not consisting in cash shall be made in
the manner prescribed in article 943, but a detailed description of
the things deposited shall be made in the schedule.
(2) Saving the provisions of article 951, the things deposited
shall remain under the custody of the registrar.
(3) The same rule shall be observed if the deposit is made by
the marshal in the execution of a court warrant.
Rules regarding 
place for deposit of 
things other than 
cash. 
Amended by: 
IV.1862.20; 
XV.l913.170; 
L.N. 4 of 1963; 
XXXI.1966.2.
949. (1) The courts shall have power to make special rules in
regard to the place appointed for the deposits referred to in the last
preceding article, and for the due preservation of the things
deposited.
(2) Where the things seized are so bulky or in such a number as
to occupy considerable space, or if there is no more room in the
place appointed by the Minister responsible for justice, the person
making the deposit shall, at his own expense, provide another
place, to the satisfaction of the registrar, saving in any such case
the right, if any, of such person to the reimbursement of such
expense against the party in whose favour the deposit is made or
other parties interested.
Compulsory 
withdrawal of 
things other than 
cash in certain 
cases. 
Amended by: 
VIII. 1901.1; 
XV.1913.171.
950. (1) If the parties interested in any of the deposits referred
to in article 948, fail to take the necessary steps for the disposal of
the things deposited, it shall be lawful for the court, after ten years
from the date of the deposit, if it consists of jewels or articles of
precious metal, or after three years, if it consists of other things,
upon the application of the registrar, to direct that the interested
parties named in the lodgment schedule be called upon by the
registrar by letter, to take the necessary steps, within such
reasonable time as the court may fix; and, in default, to order the
withdrawal by the owner of the things deposited, or the judicial sale
thereof by auction; in the latter case, the proceeds of such sale shall
be lodged in court.
(2) The proceeds so lodged shall for all purposes of the law be
considered as if they were the identical thing sold.
(3) The intimation referred to in sub-article (1), if it cannot be
made otherwise, may be made by means of a public notice to be
posted up at the entrance of the building in which the court sits, and
inserted in one or more of the periodical newspapers including in
any case the Government Gazette.
  212        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Regular deposits 
( i.e. lodgment of 
money not legally 
current in Malta, 
gold or silver 
articles, etc. ) . 
Amended by: 
XV.1885.1; 
IX.1886.119; 
L.N. 4 of 1963; 
XXXI. 1966.2.
951. (1) Regular deposits of moneys not legally current in
Malta, gold or silver articles, pearls or precious stones shall be
made in the place appointed by the Minister responsible for justice
by notice in the Government Gazette; and the Government shall be
responsible for such deposits in the same manner as any other
person with whom a regular deposit is made.
Conversion of 
foreign money into 
local currency.
(2) If the regular deposit consists of money not legally current
in Malta, such money shall, on the expiration of four months from
the date of the lodgment, be converted, by the officer charged with
the custody thereof, into legal currency, at the current rate of
exchange at the time of such conversion, and transferred to the
place appointed for irregular deposits; and it shall for all legal
purposes be considered as an irregular deposit from the date of such
conversion and transfer.
Duties of registrar. (3) Immediately upon such conversion and transfer, the officer
effecting the same shall give notice in writing to the registrar who
had received the relative schedule; and the registrar shall, in the
margin of such schedule, enter a note of such conversion and
transfer, stating the amount realized as a result of the conversion.
Title XIII
O F THE  B ENEFIT OF  C ESSIO  B ONORUM
Articles 952 to 959 were repeated by Act XXIV. 1995.348. 
Title XIV
O F THE  I NTERVENTION AND  J OINDER OF  P ARTIES
Admission of party  
in statu et terminis.
960.  Any person who shows to the satisfaction of the court that
he is interested in any suit already pending between other parties,
may, on an application, be admitted  in statu et terminis , as a party
to the suit at any stage thereof, whether in first or in second
instance; but such admission shall not suspend the proceedings of
the suit.
Joinder of third 
party.
961.   A third party may also, by decree of the court, at any stage
of the proceedings before the judgment, be joined in any suit
pending between other parties in a court of first instance, whether
upon the demand of either of such parties, or without any such
demand.
Effect of joinder of 
third party. 
Amended by: 
XIII. 1964.23; 
XXIV.1995.349.
962.  The third party joined in the suit shall be served with the
writ of summons or application, as the case may be, and shall for
all purposes be considered as a defendant; and as such he shall be
entitled to file any written pleading, raise any plea and avail
himself of any other benefit which the law allows to a defendant;
and the claim may, according to circumstances, be allowed or
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             213
disallowed in his regard, as if he were an original defendant.
Title XV
O F THE  D ESERTION OF  C AUSES
Time for close of 
pleadings. 
Amended by:
IX. 1886.120; 
XXXI. 1934.81; 
XXIV. 1995.350;
IV.1996.13.
963. (1) Saving the provisions of articles 416 and 420, the
written pleadings in any cause shall be closed, in first instance,
within the peremptory time of six months, and, in second instance,
within the peremptory time of one year.
Running of time in 
first and second 
instance.
(2) The time shall commence to run, in first instance, from the
day on which the writ of summons is filed, and, in second instance,
from the date of the application of appeal for the reversal or
variation of the judgment appealed from.
Power of court.
hearing are not closed, the court may order such cause to be again
placed with the causes the pleadings whereof are not yet closed and
fix for the closing of the pleadings of that cause a peremptory time
not exceeding one month.
Pleadings to be 
deemed closed if 
party not served 
with pleading 
appears at trial.
(4) Notwithstanding the provisions of sub-article (3), the
pleadings shall be deemed to be closed if the party not served with
the pleading necessary for the close of the record, appears at the
trial and does not raise the question that the pleadings are not
closed and proceeds or knowingly allows others to proceed to
further acts without raising such question.
If pleadings are not 
closed, cause to be 
deemed deserted.
(5) Saving the provisions of article 732(2), the causes the
written pleadings whereof are not closed within the said time shall:
( a ) where the cause is before a court of first instance be
deemed to be a cause which has been set down for
hearing and subsequently by order of the court,
adjourned to an unspecified date, and the provisions of
articles 964 to 967 shall apply thereto; and
( b ) where the cause is before a court of second instance,
be deemed to be deserted.
Effects of 
desertion.
(6) The desertion of any cause in first instance shall operate as an
abandonment of the proceedings, but shall not bar the right of
action. In second instance, the desertion shall operate as an
abandonment of the appeal and the judgment appealed from
becomes  res judicata.
  214        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Causes adjourned 
sine die  or 
otherwise 
suspended.
Amended by:
XI. 1859.40;
IX. 1886.120;
XV. 1913.173: 
XIII. 1964.24.
Substituted by:
LII. 1981.3.
Amended by: 
VIII. 1990.3; 
XXIV. 1995.351.
Substituted by:
XXXI. 2002.188.
964. (1) Any cause in any court of civil jurisdiction which, after
having been set down for hearing, is subsequently by order of the court
adjourned to an unspecified date or otherwise suspended, shall be
deemed to be deserted unless it is re-appointed for hearing by the court
within the peremptory time of six months of it having been so
adjourned or suspended or an application for its re-appointment has,
within such period, been filed in court:
Provided that where the cause has been suspended until
judgment is pronounced in another cause, the said time shall
commence to run from the date when such judgment is delivered.
(2) Re-appointment shall be made either by the court on its
own motion or following the application of any of the parties
When cause is 
deemed deserted.
Amended by:
IX. 1886.120.
Substituted by:
LII. 1981.4.
Amended by:
XXIV. 1995.352.
965.   Repealed by XXXI. 2002.189.
Power of court to 
enlarge time. 
Demand for 
enlargement to be 
by application.
Amended by:
XI. 1859.41;
IX. 1886.120;
LII. 1981.5.
966. Repealed by XXXI. 2002.189.
Date on which 
desertion takes 
place. 
Amended by: 
IX. 1886.120;
XXXI. 2002.190.
967.   Where desertion takes place under the provisions of
articles 963 and 964, it shall be deemed to take place on the day on
which the time therein prescribed expires; and the registrar may
from that day demand the fees payable to the registry, in
accordance with Tariff A in Schedule A annexed to this Code.
Title XVI 
O F  A RBITRATION
Arbitration. 
Amended by: 
IX.1886.121.
Substituted by:
II.1996.78.
Cap. 387.
968.   (1) Subject to the provision of sub-article (2), any cause
concerning any matter in dispute which has been brought before a
court of civil jurisdiction in Malta may be submitted at the request
of all the parties for determination by arbitration, under the
provisions of the Arbitration Act, and the provisions of the
aforesaid Act shall apply thereto.
(2) Any submission to arbitration in regard to any dispute
concerning questions of personal status including those relating to
separation or annulment of a marriage between husband and wife,
or in regard to things or rights which may not form the subject-
matter of a contract, whether absolutely or without certain
formalities required by law, is null.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             215
Nullity of 
submission to 
arbitration. 
Added by: 
IX. 1886.121.
969.  Any submission to arbitration made by any administrator,
or by any person who is not at liberty to dispose of the thing to
which the dispute refers, is null.
Form of 
submission. 
Added by: 
IX.1886.121. 
Amended by: 
XV. 1913.174. 
Substituted by: 
XV.1983.13. 
Amended by: 
XXIV.1995.353.
970. Repealed by Act II.1996.78.
Witnesses to be 
examined by 
arbitrators. 
Added by: 
IX. 1886.121. 
Substituted by: 
XV. 1983.14.
971. Repealed by Act II.1996.78.
Persons under 
tutorship or 
curatorship may 
not act as 
arbitrators. 
Amended by: 
XLVI. 1973.108.
972. Repealed by Act II.1996.78.
Duration of 
submission.
973. Repealed by Act II.1996.78.
Submission to state 
dispute and name 
of arbitrators.
974.   Repealed by Act II.1996.78.
Power to enlarge 
time for making 
award. 
Amended by: 
XV.1913.175.
975.   Repealed by Act II.1996.78.
Power of parties to 
submission to 
compel arbitrators 
to declare 
acceptance of 
reference within 
specified time.
976. Repealed by Act II.1996.78.
Acceptance of 
appointment by 
arbitrators to be 
made in writing. 
Amended by: 
IX.1886.122; 
XV.1983.15.
977. Repealed by Act II.1996.78.
Arbitrator refusing 
to act without just 
cause liable to 
damages.
978. Repealed by Act II.1996.78.
Power of parties to 
withdraw from 
submission in 
certain cases.
979.   Repealed by Act II.1996.78.
  216        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Demand of party to 
withdraw from 
submission to be 
made by writ of 
summons.
980.   Repealed by Act II.1996.78.
Formalities and 
times to be 
observed in 
arbitration 
proceedings.
981.   Repealed by Act II.1996.78.
Arbitrators to 
adjudge according 
to rules of law. 
Amended by: 
IX. 1886.123.
982.   Repealed by Act II.1996.78.
Notice to parties of 
publication of 
award. 
Added by:
IX. 1886.123.
983. Repealed by Act II.1996.78.
Deliberation of 
majority to form 
award. Contents of 
award. 
Added by: 
IX. 1886.123.
984. Repealed by Act II.1996.78.
Deposit of the 
original of award, 
etc.  
Added by:
IX. 1886.123.
985.   Repealed by Act II.1996.78.
Rescission or 
annulment of 
award.
Amended by: 
IX.1886.124; 
XV. 1983.16.
986. Repealed by Act II.1996.78.
When submission 
ceases to be 
operative. 
Amended by: 
IX. 1886.126.
987.   Repealed by Act II.1996.78.
Title XVII
O F THE  R ESPECT DUE TO THE  C OURT
Order at sittings. 
Amended by: 
XV. 1913.176; 
L.N. 148 of 1975.
988. (1) It shall appertain to the judges and the magistrates
respectively to enforce order during the sittings of the courts in
which they sit.
Order within 
precincts of courts.
(2) It shall also appertain to the judges and the magistrates
respectively to provide for the maintenance of good order and
decorum within the precincts of the courts in which they sit.
Unseemly 
behaviour  in facie 
curiae.
989.  It is forbidden at any sitting of the court to utter
exclamations of approval or disapproval, or to disturb in any other
manner the attention of the court.
Punishment of 
contemner. 
Amended by: 
XII.1978.7.
990.  In the case of any improper behaviour under the last
preceding article, it shall be lawful for the judge or magistrate to
whom it appertains to enforce order during the public sittings of the
court under article 988 to punish the contemner - 
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             217
( a ) with reprimand;
( b ) with expulsion from the court;
( c ) with arrest for a period not exceeding twenty-four
hours in a place within the building in which the court
sits;
Cap. 9.
( d ) with a fine ( ammenda  or  multa ) in terms of the
Criminal Code.
Punishment for 
indecent words or 
gestures or 
insulting remarks  
in facie curiae. 
Cap. 9.
991.  It shall be lawful for the judge or magistrate referred to in
article 988 forthwith to sentence to a fine ( ammenda  or  multa ) or to
detention in terms of the Criminal Code, any person who, by any
indecent word or gesture during the sitting, commits any act of
contempt of court, or insults any other person.
Where act of 
contempt 
constitutes a 
criminal offence.
Cap. 9.
992.  Where any of the aforesaid acts constitutes an offence
under the provisions of the Criminal Code, it shall be lawful for the
judge or magistrate to order the arrest of the offender, draw up a
procès-verbal  of the fact, and remit the party arrested to the Court
of Magistrates to be dealt with according to law.
Where act of 
contempt is 
committed by 
advocate, etc. 
Amended by: 
XII. 1978.8.
993.   Any advocate, legal procurator or other officer of the
court, who commits any of the acts referred to in article 991, or
994, may, in serious cases, be also forthwith condemned by the
judge or magistrate to interdiction from the exercise of his
profession or office for a period not exceeding one month.
Use of forbidden 
expressions etc. 
Substituted by: 
XII.1978.9; 
XI. 1980.5.
994. (1) It is forbidden to use in any written pleading or during
the hearing of a cause any insulting or offensive expression or any
expression which is otherwise objectionable, unless such
expression is necessary for the purposes for which the written
pleading is by law intended or for the cause in which it is used, or
to produce without the previous permission of the court, any
document which contains any such expression.
Cap. 9.
(2) Any person who acts in contravention of the foregoing
provisions of this article or who presents or produces or attempts to
present or to produce any written pleading or document which
contains an expression forbidden by this article, and any person
who has signed any such written pleading, shall be guilty of
contempt of court and shall be sentenced by the court to reprimand
or to a fine ( ammenda  or  multa ) or to detention in terms of the
Criminal Code.
(3) Where notwithstanding the provisions of article 184 a
written pleading has been filed or a document has been produced
which contains expressions forbidden by this article, the court
shall, on its own motion or on the demand of the aggrieved party,
order the whole of the written pleading or of the document to be
expunged from the registry of the court or from the records of the
proceedings, and the written pleading or document shall for all
purposes be deemed never to have been filed or produced.
(4) Where it can be shown to the court that the contravention is
slight and was not wilful and can be remedied adequately by the
striking out of the forbidden expression, the court may in lieu of
  218        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
applying the foregoing provisions of this article order that the said
expressions be struck out.
Punishment for 
insults to court 
officers.
995.  Any functionary, referee or other officer of the court, who
is insulted in the execution of any warrant, or in the discharge of
his duties, shall report the matter to the judge or magistrate, and
the- contemner shall be liable to be by the judge or magistrate
sentenced to a fine ( ammenda  or  multa ) or to detention, saving any
other punishment, applicable by the competent court, to which the
contemner may be liable if the fact constitutes a more serious
offence, according to law.
Excesses by 
advocate, etc. 
Amended by: 
XV. 1913.177; 
II.1947.4,5; 
VIII.1981.9. 
Improper 
behaviour towards 
advocate, etc.
996.  The judge or magistrate shall repress any excess on the
part of any advocate, legal procurator, or other officer, while in the
discharge of his duties; it shall also be incumbent upon the judge or
magistrate to ensure the most ample liberty to every advocate, legal
procurator or other officer in the discharge of his duties
consistently with the law, and he shall of his own motion repress
any improper behaviour committed in his presence towards any
advocate, legal procurator or other officer, while in the exercise of
his duties, by inflicting any of the punishments referred to in
articles 990 and 991 according to circumstances.
Contempt of court 
proceedings.
Substituted by:
XXXI. 2002.191.
997.   (1) In proceedings for any act or omission amounting to
contempt of court, the offender shall, on conviction, be liable to
imprisonment for a term up to one month or to a fine ( multa ) of not
less than one hundred liri but not more than one thousand liri or to both
such fine and imprisonment .
(2) The court may, notwithstanding any punishment to which it
may sentence the offender, order him to remove any nuisance or
inconvenience to which the offence relates within a time, sufficient for
the purpose but in any case not exceeding three months from the date
of the judgment, to be fixed by the court; and, if the offender fails to
comply with any such orders within the time so fixed, he shall be
liable to the penalty of a fine ( ammenda ) of not less than ten liri and
not more than fifty liri as the court may fix, for every day during which
the default continues after the expiration of the said time.
Warrant of escort 
or arrest of 
offender.
998.  Where, in the cases referred to in this Title, the party
accused, on being summoned by order of the judge or magistrate,
fails to attend, it shall be in the power of the said judge or
magistrate to compel his attendance to answer to the charge, by
means of a warrant of escort or arrest.
Place of custody 
for persons 
sentenced to 
detention.
999.   Any person sentenced to detention by the judge or
magistrate shall be kept in custody in the prison within the building
of the courts, or in the prison appointed by law for the custody of
persons sentenced to such punishment by a court of criminal
jurisdiction.
Court may 
commute or remit 
punishment. 
Amended by: 
XXIV. 1995.354.
1000.  It shall be lawful for the court to commute or remit any
punishment which it may have awarded.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             219
Fines forfeited to 
Government. 
Amended by: 
XII.1978.10.
1001.   Every fine ( ammenda  or  multa ) shall be forfeited to the
Government of Malta.
Pecuniary 
punishment 
convertible into 
detention or 
imprisonment. 
Cap. 9.
1002.   In default of payment of a fine ( ammenda  or  multa ), the
person sentenced shall undergo the punishment of detention or
imprisonment as provided in the Criminal Code.
No appeal from 
sentences for 
contempt  in facie 
curae. 
Amended by: 
XV. 1913.178; 
XIII. 1964.25. 
1003.  (1) No appeal shall lie from any sentence passed under
article 990 or 991, and any such sentence may be carried into
execution forthwith.
Right of appeal in 
other cases.
(2) In any other case, an appeal from a sentence passed under
the provisions of this Title by any court, other than the Court of
Appeal or the Constitutional Court, shall lie to the Court of Appeal.
Such appeal shall be made by an application within two days from
the date of the sentence.
Appeal to operate 
as stay of 
execution.
(3) Any such appeal shall stay the execution of the sentence.
Sentence not to 
form part of 
record.
(4) Any sentence passed under the provisions of this Title shall
not form part of the record of the cause at the trial of which the
sentence is passed.
Registrar shall 
institute etc. 
contempt 
proceedings. 
Added by:
XXIV. 1995.355.
Amended by: 
IV.1996.14.
1003A.   Subject to the provisions of this Title, in any
proceedings for contempt of court, the Registrar shall institute, as
directed by the court, the necessary proceedings and, for all intents
and purposes of law, he shall be considered as the plaintiff:
Title XVIII
O F  J UDICIAL  C OSTS
Taxation of 
judicial costs. 
Amended by: 
IV.1865.4; 
XV. 1913.179; 
L.N. 4 of 1963; 
XXXI. 1966.2. 
Substituted by: 
XXXI. 1980.8.
1004.  (1) Costs shall be taxed and levied in accordance with the
Tariffs in Schedule A annexed to this Code and with regulations
made by the Minister responsible for justice under this article.
(2) Regulations made by the Minister under this article may -
( a ) amend, add to, revoke or substitute all or any of the
Tariffs in the said Schedule A;
( b ) make any provision relating to the payment of costs
and in particular but without prejudice to the
generality of the foregoing - 
(i) to ensure the payment thereof at the time they
are due;
(ii) to require the payment or deposit of any such
costs or part thereof, as may be prescribed by the
regulations; and
  220        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
(iii) to provide for such consequences, effects and
penalties with respect to any failure to pay costs
or otherwise to comply with the regulations, as
may be prescribed therein.
Agent of absent 
litigant, liable to 
registry fees and 
costs.
1005.   (1)  Where the party condemned to pay the fees due to the
registry or the costs incurred by the other party was, at the time of
the judgment, represented in the proceedings, as absent from Malta,
by an agent appointed by him, it shall be lawful for the registrar,
and for such other party, to demand payment of such fees or costs,
from the said agent, in the same manner as if such agent had been
personally and  in solidum  with his principal, condemned to pay
such fees or costs.
(2) The right granted as aforesaid to the registrar and to the
party to whom the costs are due, may be exercised notwithstanding
that the principal be present in Malta, either before or at the time
when payment of such fees or costs is demanded.
When registrar 
may claim registry 
fees from 
defendant. 
Added by: 
XV. 1913.180.
1006.   Where a defendant is ordered to pay the costs of the action
or any part of the fees due to the registry, it shall be lawful for the
registrar to claim from him, directly and  in solidum , the payment of
such fees, wholly or in part, according to the incidence thereof on
such defendant.
Title XIX 
O F  F ORMS
Forms . 
Amended by: 
XXVII. 1979.21.
1007.  (1)  In the superior courts, all acts shall be drawn up in
accordance with the forms in Schedule B annexed to this Code.
(2) In the inferior courts, the forms prescribed for the superior
courts shall be used in so far as applicable, with such alterations or
variations as may be necessary to adapt them to the inferior courts.
(3) The Minister responsible for justice may by regulations
amend, substitute or make additions to the forms contained in
Schedule B annexed to this Code.
Purchase of forms.  
Added by: 
XV. 1913.181. 
Amended by: 
L.N. 4 of 1963; 
XXXI.1966.2;
IV.1996.15.
1008.   Without prejudice to the provisions of article 1009, where
under this Code an act is required to be drawn up by the party
concerned according to a prescribed form, the form shall be
provided by the registrar or any other officer designated by the
Minister responsible for justice, upon payment of a fee to be shown
thereon.
R EPEALING  P ROVISION
Contrary usage to 
be inoperative.
1009.   Any usage or custom contrary to or inconsistent with the
provisions contained in this Code shall be of no effect.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             221
Procedure by 
electronic means. 
Added by: 
XXIV. 1995.356.
1009A.  The Minister responsible for justice may make
regulations providing for or allowing - 
(i) the making of judicial acts by means of
electronic equipment;
(ii) the transmission and service by the use of
electronic means;
in connection with judicial acts, court proceedings, records and
services and without prejudice to the generality of the foregoing
such regulations may provide for - 
( a ) the form of judicial acts prepared by electronic means; 
( b ) the transmission, filing and service of acts by
electronic equipment and for the way in which such
service is to be evidenced;
( c ) the storing of court records by electronic means and
the mode whereby such records are to be authenticated
and how copies thereof are to be made and
authenticated;
( d ) the fees that may be charged in connection with the
use of such electronic means in relation to the making,
transmission, filing or service of judicial acts, and for
the making of copies of court records; and
( e ) such other matter consequential or incidental thereto
including such transitional provisions as may appear to
the Minister to be necessary or expedient in
connection therewith.
Regulations.
Added by:
XXXI. 2002.193.
1009B.  The Minister responsible for justice may make
regulations for the implementation of the provisions of this Code
and, in general, to bring the provisions of this Code into effect.
  222        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
SCHEDULE A
 (Articles 75, 179, 666, 967 and 1004)
TARIFFS REFERRED TO IN THE CODE OF ORGANIZATION AND 
CIVIL PROCEDURE
Amended by: 
XI. 1859.42; 
IX.1886.128; 
G.N. 136 of 1919; 
G.N. 475 of 1929;
G.N. 549 of 1939; 
G.N. 653 of 1942; 
G.N. 139 of 1949; 
L.N. 49 of 1980; 
L.N. 99 of 1980. 
Substituted by: 
L.N.102 of 1980. 
Amended by: 
L.N.56 of 1981; 
XIII. 1983.4,5; 
L.N. 3 of 1986; 
L.N. 28 of 1988; 
VIII. 1990.3; 
L.N.116 of 1992; 
L.N. 91 of 1995;  
L.N. 124 of 1996.
Substituted by:
L.N. 142 of 2000.
Amended by:
L.N. 197 of 2000;
L.N. 8 of 2001.
TARIFF A
Fees payable in respect of the trial of causes in the Registries of the 
Superior Courts of Justice and the Courts of Magistrates in Malta 
and Gozo excluding the Court of Voluntary Jurisdiction
1 (a) In actions for personal separation, annulment,
maintenance, filiation, paternity, child abduction or
custody, relating to the civil status of a person,
relating to human rights or relating to general
elections and in actions of spoliation or concerning
personal injury, claims for the payment of wages or
claims for unjust dismissal from employment, all the
fees provided for in this Tariff, with the exception of
the tariff stated in paragraph 3 shall be rebated by .... 50%;
(b) No fees shall be due for any act filed by a curator  ex
officio  acting in that capacity.
2 (1) For the filing of any petition, application, writ of
summons or other act of procedure containing a claim
which initiates a contentious procedure in a Court of
First Instance and requiring the decision of a Judge or
Magistrate as well as for any statement of defence,
answer or other act of procedure in reply thereto and
intended to contest, whether totally or partially, the
claim made .................................................................... Lm 50
Provided that the above fee shall include the filing of all
other acts of procedure and court services (including but
not limited to filing of warrants for the examination of
witnesses, the examination itself, recording fees,
transcriptions and copies, the services of judicial
assistants, the transmission of the records of causes,
taxed bill of costs and copies of the judgement) required
following the initiation of the cause through the said act
up to and including final judgement but excluding any
fees due for the notification of acts and fees due to
referees or experts appointed by the Court or any fees
which the Court may be required to pay to third parties.
(2) For the filing of any petition, application, writ of
summons or other legal act initiating a contentious
procedure in a Court of Appeal and requiring the
decision of a Judge as well as for any statement of
defence, answer or other act of procedure in reply thereto
and intended to contest, whether totally or partially, the
appeal ............................................................................. Lm 75
Provided that no fee shall be payable under this
paragraph for any appeal filed in terms of any other law
which already provides a fee to be paid for such an
appeal:
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             223
Provided further that the above fees shall include the
filing of all other acts of procedure and court services
(including but not limited to the filing of warrants for the
examination of witnesses, the examination itself,
recording fees, transcriptions and copies, the services of
judicial assistants, the transmission of the records of
causes, taxed bill of costs and copies of the judgement)
required following the initiation of the appeal through
the said act up to and including final judgement but
excluding any fees due for the notification of acts and
any fees due to referees or experts appointed by the
Court or any fees which the Court may be required to
pay to third parties.
(3) No fee shall be levied under this paragraph for the
filing of any note of admission of a claim provided that
the claim is admitted in full and unconditionally before
any contestation thereon.
(4) No fee shall be levied on any counter-claim
contained in any act of procedure mentioned in
subparagraphs (1) or (2) of this paragraph.
3 (1) In addition to the fees stated in paragraph 2, on the
filing any petition, application, writ of summons or other
act of procedure containing a claim which initiates a
contentious procedure in a Court of First Instance and
requiring the decision of a Judge or Magistrate and when
the registry fee is assessable on a determinate value or on
a value which may be determined according to law or
from the act itself, the following fees shall also be due:
(a) up to Lm 3000, per Lm 100 or part thereof ............... Lm 3.50
(b) in respect of any value in excess of Lm 3,000 up to
Lm 5,000, per Lm 100 or part thereof ....................... Lm 2.50
(c) in respect of any value in excess of Lm 5,000 up to
Lm 10,000, per Lm 100 or part thereof ..................... Lm 2.25
(d) in respect of any value in excess of Lm 10,000 up to
Lm 50,000, per Lm 100 or part thereof ..................... Lm 1.50
(e) in respect of any value in excess of Lm 50,000 up to
Lm 100,000, per Lm 100 or part thereof ................... Lm 1.00
(f) in respect of any value in excess of Lm 100,000, per
Lm 100 or part thereof .............................................. Lm 0.75
Provided that the fees established in sub-paragraphs (a)
to (f) of this paragraph shall be inclusive of any
declaration, which may be necessary, and of any decree
given in a cause up to final judgement.
(2) (a) In addition to the fees stated in paragraph 1, on the
filing of a statement of defence, answer or other act
of procedure filed in reply to a claim and intended to
contest, whether totally or partially, a claim made in
a Court of First Instance, the fees stated in sub-
paragraph (1) of this paragraph shall also be due but
shall be rebated by .................................................... 50%
  224        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
(b) The amount to be paid in accordance with
subparagraph (a) of this paragraph is to be paid not
later than the day preceding the day of the first court
sitting in the case, and in the event that such
payment is not effected, such act of procedure shall
be deemed not to have been done.
(c) In computing such amount, the Registrar shall,
together with the notified act concerning which the
act is done, inform such person of the amount to be
paid and by which date.
(d) In the case of special summary proceedings or
proceedings in the Court of Magistrates or any other
proceedings where the act of procedure is filed in
the Court and not in the registry, the fees due shall
be paid not later than the day preceding the day of
the sitting following the filing of the act, and if such
payment is not effected, such act of procedure shall
be deemed not to have been done.
(e) The provisions of subparagraph (c) shall not apply
in the eventualities provided for in subparagraph (d).
(3) Any counter-claim contained in any act of
procedure stated in sub-paragraphs (1) or (2) of this
paragraph shall be treated as if it is a new claim and the
fees set out in sub-paragraphs (1) and (2) of this
paragraph shall be levied on the counter claim and the
reply thereto.
(4) In actions for personal separation, annulment,
maintenance, filiation, paternity, child abduction or
custody, relating to the civil status of a person, relating
to human rights or relating to general elections and in
actions of spoliation or concerning personal injury,
claims for the payment of wages or claims for unjust
dismissal from employment, causes of spoliation
requesting that works be carried out under the
supervision of the Court, the fees stated in this paragraph
shall not apply but there shall be levied a one time fee of  Lm 50
(5) The fees established in sub-paragraph (1) of this
paragraph shall be raised by one-third on appeal, but no
fee shall be due in terms of subparagraph (2) of this
paragraph.
(6) No fee shall be payable under this paragraph for
any appeal filed in terms of any other law which already
provides a fee to be paid for such an appeal.
(7) In the case of appeals filed in terms of any other law
for which no fee is established in terms of that law, the
fees established in terms of this paragraph shall not be
due but there shall be levied a one time fee of ................. Lm 50
4 (1) When the value of a claim is uncertain or
indeterminate and the fees stated in paragraph 3 cannot
be applied, the value of the claim shall be assessed in
accordance with the following rules:
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             225
(a) In actions brought by the Government or by any
Authority or Public Corporation where the claim is
for the recovery of a penalty which has both a
minimum and a maximum fixed by law, the value to
be assessed shall be the maximum amount of the
penalty fixed by law.
(b) In actions concerning the partition of property
whether  inter vivos  or  causa mortis  and
independently of whether the actual partition is
requested or not, and in actions concerning
succession, the claimant may, together with his
claim, submit a list of the property the partition of
which is being requested or which is involved in the
succession together with a declaration, signed and
attested to on oath by a perit in the case of
immovables and by a competent valuer in the case
of movables, certifying the valuation of such
property, and the value shall be assessed on the total
sum shown on such valuation: 
Provided that in no case shall the fee taxed be less
than .......................................................................... Lm 250
(c) In actions concerning the payment of annuities,
allowances and the like the fee taxed shall be ........... Lm 250
(d) In actions relating to the ranking of creditors,
bankruptcy proceedings or any other adjudication
upon competing claims the claimant shall together
with his claim submit a valuation by a certified
accountant of the assets and liabilities being the
subject of the claim and the value to be assessed
shall be the higher sum between the assets and
liabilities:
Provided that in no case shall the fee taxed be less
than  .......................................................................... Lm 250
(e) In causes concerning the validity of a redemption or
the implementation of a promise of sale or transfer,
whether of movables or immovables, the value to be
assessed shall be the value of the property redeemed
or which was promised to be sold or transferred and
for this purpose the claimant shall, together with his
claim, submit the promise of sale or transfer, if
existent, or, if not existent, a declaration, signed and
attested to on oath by a perit in the case of
immovables and by a competent valuer in the case
of movables, certifying the value of such property: 
Provided that in no case shall the fee taxed be less
than .......................................................................... Lm 250
  226        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
(f) In causes where the claim is for the Court to declare
the existence of a right of the claimant against any
other person which right may reasonably be inferred
to be followed by a liquidation of the amount due,
even if such liquidation is not requested in the
claim, the claimant shall be obliged together with
his claim to submit a sworn declaration stating the
approximate sum which he believes he could claim
if his right is established, and the value to be
assessed shall be the value declared by the claimant:
Provided that in no case shall the fee taxed be less
than .......................................................................... Lm 250
(2) Where, notwithstanding the rules contained in sub-
paragraph (1) of this paragraph, the value is still
uncertain or indeterminate, the fee taxed shall not be less
than ................................................................................. Lm 250
(3) Notwithstanding the provisions of this paragraph,
if, following definitive judgement, the Court will have
declared or liquidated an amount as the value of the
cause and that value is determinate or may be
determined according to law and the fees due on such
value are higher than the amount paid as registry fees,
the Registrar of Courts may demand the difference from
the party filing the cause. 
(4) Any action requesting the nullity of the issue of a
precautionary or executive warrant or requesting the
issue of a counter-warrant shall, independently of the act
used to initiate the action, be taxed as if it were an
application for the issue of a counter-warrant.
5 (1) In cases of compromise or discontinuance of any
cause in a Court of First Instance:
after contestation of the claim but before the first
hearing of the cause, all fees paid in terms of
paragraph 3 or 4 will be rebated by ........................... 75%
following the first hearing of the cause but not later
than the third sitting thereof, all fees paid in terms of
paragraph 3 or 4 will be rebated by .......................... 50%
following the third hearing of the cause but before
the cause has been put off for judgement, all fees
paid in terms of paragraphs 3 and 4 will be rebated
by ............................................................................. 25%
(2) In cases of compromise or discontinuance of a
cause in a Court of Appeal the rebates established in the
previous sub-paragraph of this paragraph shall be
applied as well but limited only to the fees paid relative
to the appeals procedure.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             227
(3) The fees stated in paragraphs 2 to 4 of this Tariff
shall also be due on the filing of any application to a
Court to be permitted to file any statement of defence,
answer or other act of procedure filed in reply to a claim
and intended to contest, whether totally or partially, a
claim made in a Court of First Instance or in a Court of
Appeal provided that in the event of a judgement of non-
suit all fees paid in terms of paragraphs 2 to 4 shall be
rebated by ....................................................................... 50%
6 (1) For every notification of an act of procedure,
including expenses incurred in the execution of such
notification, the following fees shall be due:
(i) registry fee ................................................. Lm 2.50
(ii) fee due to the executive officer effecting
the service .................................................. Lm 0.50
Provided that if service is to be effected outside normal
working hours, the fees contained in this paragraph shall
be increased by 100%.
(2) Notwithstanding anything contained in this Tariff,
if the notification of any act is to be executed personally
by an executive officer of the Court, in cases where the
law permits that service be effected otherwise, the
following additional fees shall be due for each
notification:
(i) registry fee ................................................. Lm 20
(ii) fee due to the executive officer effecting
the service .......................................................... Lm 3
(3) The fees established in sub-paragraph (2) shall not
apply when service is to be effected personally by an
executive officer of the Court in terms of any law, and in
such cases the fees established in sub-paragraph (1) of
this paragraph shall apply.
7 For any other act of procedure indicated in the Code of
Organisation and Civil Procedure but for which no fee is
established in these Tariffs .............................................. Lm 5
8 For the opening of the registry outside working hours:
(i) registry fee .................................................  Lm 50
(ii) fee due to attending deputy registrar .......... Lm 20
(iii) fee due to each executive officer required
to effect service ......................................... Lm 15
9 (1) Unless otherwise stated, all fees due shall be paid
together with the filing of the relative act and the
Registrar shall not accept for filing any act of procedure
which is not accompanied by the relative fee.
(2) The assessment of the Registrar on the amount of
fees to be paid shall be final.
(3) In assessing the fees laid down in this Tariff no
account shall be taken of any fraction of Lm 1.
  228        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
10 (1) The Court may, when delivering judgement, order
that the plaintiff or defendant in a cause pay increased
costs to the Registrar of Courts of not less than Lm 250
and not more than Lm 1,000 if the Court deems that the
act of procedure initiating the claim or the act of
procedure in reply was frivolous or vexatious or that
either of the parties has unnecessarily prolonged the
proceedings and in such case such sum will not be
recoverable from the other party.
No appeal shall lie from the decision of the Court. 
(2) The Court may, when delivering judgement, also
refer to the Commission for the Administration of
Justice the advocate of the plaintiff or of the defendant if
the Court deems that the advocate is responsible, wholly
or partly, for the frivolous or vexatious act of procedure
or for prolonging the proceedings.
No appeal shall lie from the decision of the Court.
11 (1) The Registrar shall cause a taxed bill of costs to be
kept in the file of each cause and shall immediately enter
therein all payments made to the Registrar and all
payments due to the advocates and legal procurators of
the parties and the parties, their advocates and legal
procurators shall have the right to a copy thereof at any
time.
(2) Within one month of the delivery of the definitive
judgement, the Registrar shall cause a final taxed bill of
costs to be drawn up and a copy thereof shall be sent to
the parties and their advocates and legal procurators.
12 With respect to causes which have been presented prior
to the coming into force of this Tariff the Registrar shall,
on the conclusion of that cause or on the compromise or
discontinuance thereof, tax the fees due on the basis of
this Tariff deducting therefrom any sums paid to date
and any difference in favour of the Registrar shall be due
by the party established in this Tariff:
Provided that this paragraph shall not apply to any
cause-
(i) which, on the day of the coming into force
of this Tariff, is put off for judgement; 
(ii) which, following the coming into force of
this Tariff but not later than the 30 th  June
2001, is unconditionally compromised or
unconditionally discontinued: 
Provided further that any agreement registered in the
records of the cause stating that the parties have agreed
to discontinue the cause and refer it to the binding
decision of the Malta Arbitration Centre shall, for the
purpose of this paragraph, be treated as an unconditional
compromise or discontinuance. 
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             229
Substituted by: 
L.N. 102 of 1980. 
Amended by: 
XIII.1983.4; 
L.N. 91 of 1995.
Substituted by:
L.N. 124 of 1996;
L.N. 142 of 2000.
Amended by:
L.N.197 of 2000;
L.N. 8 of 2001.
TARIFF B
Fees payable in respect of Judicial Acts and Services not connected 
with the trial of causes in the Registries of the Superior Courts of 
Justice and the Courts of Magistrates in Malta and Gozo excluding 
the Court of Voluntary Jurisdiction
Provided further that any person acting as mandatory of
another person in a cause shall, if he renounces his
mandate not later than the 31st October, 2000, be liable
for fees calculated in accordance with this Tariff as in
force on the 30th September, 2000.
1 For the filing of any judicial letter or judicial protest but
excluding fees due for any notification required ..... Lm 10
Provided that when the judicial letter or judicial protest
is required by law the fee shall be ................................. Lm 2.50
excluding the fees due for service of the same.
2 For every certificate required to be issued by the
Registrar........................................................................ Lm 10
3 For legalising any note required to be registered in the
Public Registry ............................................................. Lm 10
4 For the affixing of any seal of the Court where this is
prescribed by law or by the Court ................................. Lm 10
Provided that no fee shall be due when such seal is
required on any judicial act.
5 For every copy, authenticated or otherwise, for each
page .............................................................................. Lm 0.25
Provided that no fee shall be due when the copies are
provided by the person filing the original act or when
copies are requested of a court order.
6 For every translation required by law or by the Court: 
registry fee ............................................. Lm 15
fee due to the translator or interpreter ...... from 
Lm5 to 
Lm25
7 For every search in the archives of the Court, per
individual cause ............................................................ Lm 2
and for any copy thereof, whether authenticated or not,
per page ........................................................................ Lm 0.10
8 For the administration of an affidavit not in connection
with court proceedings ................................................. Lm 5
9 For the lodgement of any monies in Court, for any
schedule of set-off or redemption, a fee equal to .......... 2%
  230        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
of the money to be deposited, to be set-off or redeemed
shall be levied but such fee shall not include the
notification of such schedule on third parties indicated
in the schedule and provided further that in no case shall
such fee be less than ............................................. Lm 10
Provided that when such lodgement or schedule is
required by law, a fee of Lm10 shall be paid in lieu of
the fee of 2%.
10 For the lodgement in Court of any object not being
monies excluding the service of such schedule on third
parties indicated in the schedule  Lm 25
11 For the searching for and inspection of any application
for the withdrawal of any monies or things deposited in
Court but not including the notification of such
application on third parties indicated in the application
and for any reply thereto ............................................... Lm 10
12 For the opening of the registry outside working hours:
(i) registry fee ................................................ Lm 50
(ii) fee due to attending deputy registrar ......... Lm 20
(iii) fee due to each executive officer required
to effect service ......................................... Lm 15
13 (1) For every notification of an act of procedure,
including expenses incurred in the execution of such
notification, the following fees shall be due:
(i) registry fee ............................................... Lm 2.50
(ii) fee due to the executive officer effecting
the service ................................................. Lm 0.50
Provided that if service is to be effected outside normal
working hours, the fees contained in this paragraph shall
be increased by 100%.
(2) Notwithstanding anything contained in this Tariff
if the notification of any act is to be executed personally
by an executive officer of the Court, in cases where the
law permits that service be effected otherwise, the
following additional fees shall be due for each
notification:
(i) registry fee ................................................  Lm 20
(ii) fee due to the executive officer effecting
the service ................................................. Lm 3
(3) The fees established in sub-paragraph (2) shall not
apply when service is to be effected personally by an
executive officer of the Court in terms of any law, and
in such cases the fees established in sub-paragraph (1)
of this paragraph shall apply.
14 For any other act of procedure indicated in the Code of
Organization and Civil Procedure but for which no fee
is established in these Tariffs ........................................ Lm 5
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             231
Amended by: 
IV. 1862.21; 
G.N. 162 of 1917; 
G.N. 549 of 1939. 
Substituted by: 
L.N. 102 of 1980. 
Amended by: 
XIII. 1983.4.
Substituted by:
L.N. 142 of 2000.
Amended by:
L.N. 197 of 2000;
L.N. 8 of 2001.
TARIFF C
Fees payable in respect of Acts filed in the Court of Voluntary 
Jurisdiction
15 (1) All fees due shall be paid together with the filing of
the relative act and the Registrar shall not accept for
filing any act of procedure which is not accompanied by
the relative fee.
(2) The assessment of the Registrar on the amount of
fees to be paid shall be final.
(3) In assessing the fees laid down in this Tariff no
account shall be taken of any fraction of Lm 1.
16 (a) In actions for personal separation, annulment,
maintenance, filiation, paternity, child abduction or
custody, relating to the civil status of a person,
relating to human rights or relating to general
elections and in actions of spoliation or concerning
personal injury, claims for the payment of wages or
claims for unjust dismissal from employment, all
the fees provided for in this Tariff shall be rebated
by ............................................................................ 50%
(b) No fees shall be due for any act filed by a curator  ex
officio  acting in that capacity.
1 For every application filed and for every answer
thereto, not being an application or answer indicated
in any of the following paragraphs of this Tariff ........ Lm 5
Provided that the above fee shall include the filing of
all other acts of procedure and court services
(including but not limited to the filing of all
procedural acts, examination of witnesses,
preparation and publication of notices, banns and
edicts, copies of decrees, taxation of fees and the
like) required following the initiation of proceedings
through the said application up to and including the
final decree but excluding any fees due to referees or
experts appointed by the Court or any fees which the
Court may be required to pay to third parties.
2 For the presentation of every secret will ..................... Lm 20
3 For any obligation entered in the records of the
Court:
(i) if the value of the estate does not exceed
Lm 1,000 ................................................. Lm 10
(ii) if the value of the estate does not exceed
Lm 10,000 ............................................... Lm 30
(iii) if the value of the estate does not exceed
Lm 50,000 ............................................... Lm 75
  232        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
(iv) if the value of the estate exceeds Lm
50,000 ..................................................... Lm 100
4 For every report on a reference as to the taxation of
fees:
(i) registry fee .............................................. Lm 20
(ii) fee due to the referee appointed by the
Court ....................................................... Lm 50
Provided that the Court may order that a higher fee be
paid to the referee appointed by the Court if it deems
that the work involved so warrants.
5 For the examination of accounts:
(i) registry fee .............................................. Lm 25
(ii) fee due to the expert appointed by the
Court ............................................................... Lm 100
Provided that the Court may order that a higher fee be
paid to the expert appointed by the Court if it deems
that the work involved so warrants.
6 For every curatorship in cases of discharge or in
connection with edicts:
(i) registry fee .............................................. Lm 10
(ii) fee due to the curator appointed by the
Court ............................................................... Lm 20
Provided that the Court may order that a higher fee be
paid to the curator appointed by the Court if it deems
that the work involved so warrants.
7 For the opening of the registry outside working
hours:
(i) registry fee .............................................. Lm 25
(ii) fee due to attending deputy registrar ....... Lm 10
(iii) fee due to each executive officer required
to effect service ....................................... Lm 5
8 (1) The fees stated in paragraphs 1 to 5 of this Tariff
are inclusive of the filing of any subsequent act of
procedure, transport expenses for court executive
officers, the filing of valuations or reports by Court
appointed experts, the publication of banns and
notices in the Government Gazette and any other
court service in connection thereto and which is not
specifically excluded by this Tariff.
(2) The fees stated in paragraphs 1 to 5 of this Tariff
do not include fees and expenses due to Court
appointed experts and to third parties, which fees and
expenses shall be taxed separately.
9 For any other service or act of procedure indicated in
the Code of Organization and Civil Procedure but for
which no fee is established in these Tariffs ................ Lm 5
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             233
Provided that fees for services or acts not specifically
provided for in this Tariff but provided for in other
Tariffs shall be taxed according to those Tariffs but
rebated by ................................................................... 75%
10 (1) For every notification of an act of procedure,
including expenses incurred in the execution of such
notification, the following fees shall be due:
(i) registry fee .............................................. Lm 1.00
(ii) fee due to the executive officer effecting
service ..................................................... Lm 0.25
(2) Notwithstanding anything contained in this
Tariff, if the notification is to be executed personally
by an executive officer of the Court in cases where
the law permits that service be effected otherwise, the
following fees shall be due for each notification:
(i) registry fee ............................................. Lm 10
(ii) fee due to the executive officer effecting
the service ............................................... Lm 2
(3) The fees established in sub-paragraph (2) shall
not apply when service is to be effected personally by
an executive officer of the Court in terms of any law,
and in such cases the fees established in sub-
paragraph (1) of this paragraph shall apply.
(4) In the case of circular letters requested by law
the above fees shall be reduced by .............................. 50%
11 (1) All fees due shall be paid together with the filing
of the relative act and the Registrar shall not accept
for filing any act of procedure which is not
accompanied by the relative fee.
(2) The assessment of the Registrar on the amount
of fees to be paid shall be final.
(3) In assessing the fees laid down in this Tariff no
account shall be taken of any fraction of Lm 1.
12 No fees shall be due under this Tariff for any act filed
by a curator  ex officio  acting in that capacity..
  234        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by: 
VII. 1880.10; 
G.N. 340 of 1916;
G.N. 393 of 1934; 
G.N. 249 of 1941; 
G.N. 653 of 1942; 
G.N. 139 of 1949. 
Substituted by: 
L.N. 78 of 1971; 
L.N. 102 of 1980. 
Amended by: 
XIII. 1983.4. 
Substituted by: 
L.N. 3 of 1986. 
Amended by: 
L.N. 28 of 1988; 
VIII. 1990.3; 
L.N.116 of 1992; 
L.N. 91 of 1995. 
Substituted by:  
L.N. 124 of 1996;
L.N. 142 of 2000. 
Amended by:
L.N. 197 of 2000;
L.N. 8 of 2001.
TARIFF D
Fees payable in respect of Precautionary and Executive Acts and 
Judicial Sales by Auction in the Registries of the Superior Courts 
of Justice and the Courts of Magistrates in Malta and Gozo 
excluding the Court of Voluntary Jurisdiction
1 For the filing of a warrant of prohibitory injunction:
(i) registry fee ........................................... Lm 50
(ii) fee due to the executive officer
required to effect service, for each
notification .......................................... Lm 3
2 For the filing of a warrant of impediment of departure
including the service thereof:
(i) registry fee ........................................... Lm 25
(ii) fee due to the executive officer
required to effect service, for each
notification .......................................... Lm 3
3 For the filing of any other warrant:
(i) registry fee ........................................... Lm 15
(ii) fee due to the executive officer
required to effect service, for each
notification .......................................... Lm 3
4 For the filing of any counter-warrant:
(i) registry fee ........................................... Lm 15
(ii) fee due to the executive officer
required to effect service, for each
notification .......................................... Lm 3
5 (1) (a) For the filing of any application for a
judicial sale by auction including an
application to re-appoint a judicial sale by
auction which has been suspended:
(i) registry fee ........................................... Lm 75
(ii) fee due to the executive officer
required to effect service, for each
notification .......................................... Lm 3
(b) No fee shall be levied for the suspension of
a judicial sale by auction or for the re-
appointment of a judicial sale by auction,
the suspension of which was due to any
notification required by law not having been
effected or which has been suspended by the
court following the request of the debtor.
(2) The fees due in accordance with sub-paragraph
(1) shall include all services, fees and expenses
required up to the sale itself, except for fees due for
the service of any judicial act, which fees shall be
taxed separately.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             235
(3) For the storage in Government property of any
movable to be sold by auction, per day ....................... Lm 20
Provided that the applicant shall, together with the
filing of the application for the judicial sale by
auction, deposit a sum equivalent to seven days’
storage which sum shall be adjusted following the
adjudication of the sale or on its suspension.
(4) For the adjudication of any movable or
immovable following a judicial sale by auction, for
every Lm 100 ............................................................. 1%
Provided that in no case shall the fee levied be less
than  ........................................................................... Lm 50
Provided further that when a licensed auctioneer
performs the auction, the fee established in the
Auctioneers Act shall, in addition be due to the
auctioneer.
6 For the opening of the registry outside working
hours:
(i) registry fee ........................................... Lm 50
(ii) fee due to attending deputy registrar .... Lm 20
(iii) fee due to each executive officer
required to effect service ..................... Lm 15
7 (1) Subject to sub-paragraph (2) of this paragraph,
the fees stated in paragraphs 1 to 4 of this Tariff are
inclusive of all expenses and services required in
connection with the execution of the relative act of
procedure, any police assistance which the executive
officer may require in executing the act, the filing of
valuations or reports by Court appointed experts and
the publication of banns and notices in the Gazette.
(2) The fees stated in paragraphs 1 to 4 of this Tariff
do not include fees and expenses due to Court
appointed experts and to third parties which fees and
expenses shall be taxed separately.
8 For any other act of procedure indicated in the Code
of Organization and Civil Procedure but for which no
fee is established in these Tariffs ................................ Lm 5
9 For every notification, not previously mentioned in
this Tariff, of an act of procedure, including expenses
incurred in the execution of such notification, the
following fees shall be due:
(i) registry fee .......................................... Lm 2.50
(ii) fee due to the executive officer
effecting the service ............................. Lm 1.00
Provided that if service is to be effected outside
normal working hours, the fees contained in this
paragraph shall be increased by 100%.
  236        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
 
TARIFF E
Amended by: 
VII. 1856.4,5,6,7; 
IV. 1868.15; 
G.N. 136 of 1919; 
G.N. 137 of 1919; 
G.N. 475 of 1929; 
G.N. 393 of 1934; 
G.N. 653 of 1942. 
Substituted by: 
L.N. 7 of 1968. 
Amended by: 
L.N. 9 of 1968; 
L.N.78 of 1971. 
Substituted by: 
L.N.102 of 1980. 
Amended by: 
XIII. 1983.4; 
L.N. 3 of 1986; 
L.N. 1 of 1987. 
Substituted by:  
L.N. 121 of 1996.
Amended by:
L.N 154 of 1996;
XXXI. 2002.194.
Fees payable to Advocates, Legal Procurators 
and Official Curators
10 Notwithstanding anything contained in this Tariff if
the notification is to be executed personally by an
executive officer of the Court in cases where the law
permits that notification be effected otherwise, the
following fees shall be due, for each notification:
(i) registry fee ........................................... Lm 20
(ii) fee due to the executive officer
effecting the service ..................................... Lm 3
11 (a) In actions for personal separation, annulment,
maintenance, filiation, paternity, child abduction
or custody, relating to the civil status of a person,
relating to human rights or relating to general
elections and in actions of spoliation or
concerning personal injury, claims for the
payment of wages or claims for unjust dismissal
from employment, all the fees provided for in this
Tariff shall be rebated by ..................................... 50%
(b) No fees shall be due for any act filed by a curator
ex officio  acting in that capacity.
12 (1) All fees due shall be paid together with the filing
of the relative act and the Registrar shall not accept
for filing any act of procedure which is not
accompanied by the relative fee.
(2) The assessment of the Registrar on the amount
of fees to be paid shall be final.
(3) In assessing the fees laid down in this Tariff no
account shall be taken of any fraction of Lm 1.
Lm c m
1.  ( a ) For each note of acceptance of banns and for
each protest against the sufficiency of a bail for
costs, even if such protest is not filed separately .......  5.00,0
  ( b ) For each note required to be filed under the
provisions of the Commercial Code .......................... 5.00,0
( c )   For every note of submission filed in any court,       
..................................................................... from 20.00,0
to 100.00,0
2.   ( a ) For each application for summoning of
witnesses ..................................................................  3.00,0
( b ) For each first application for sale of
immovables (including research in the Public
Registry, the ordering of certificates of hypothec,
and perusal of relative deeds  ........................... from   10.00,0
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             237
to 30.00,0
( c ) For any other application .................... from  5.00,0
to 25.00,0
( d ) For any application filed after office hours or
on a Sunday or public holiday, there shall be taxed an
additional fee of .......................................................  25.00,0
3.  For each application filed in the Court of
Voluntary Jurisdiction:
 (i) if it concerns the admission of
minors to an industrial school or
to an approved school .................. 3.00,0
(ii)  if it concerns the candidature in a
marriage legacy or the renewal of
an authorisation previously given,
or the taxing of fees ..................... 5.00,0
(iii)  in all other cases (including notes
of acceptance or waiver of an
inheritance) ................................. 10.00,0
 Provided that an additional fee shall be taxed
when the drawing up of the application, and/or the
preparation and/or the filing of the relative
documents, entails more work than is ordinarily
required.
4.  For each attendance during sittings before the
Court of Voluntary Jurisdiction ................................ 10.00,0
5.  ( a ) For each lodgment schedule, even if such
lodgment is made with or following a schedule of
redemption:
(i)  when the value does not exceed
Lm200 ......................................... 5.00,0
(ii)when the value exceeds Lm200
the fee shall be increased by one
per centum  (1%) for every
additional Lm100 or part thereof;
  ( b ) For each schedule of set-off or redemption:
(i) when the value does not exceed
Lm200 ......................................... 5.00,0
(ii)   when the value exceeds Lm200 the
fee shall be increased by one  per
centum  (1%) for every additional
Lm100 or part thereof.
These fees are inclusive of advice concerning the
right to claim set-off or exercise redemption.
6.  ( a )   For the drafting of a judicial letter, whether
filed or not ............................................................... 6.00,0
( b ) For the drafting of a judicial protest, whether
filed or not ............................................................... 10.00,0
Lm c m
  238        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
  ( c ) For the drafting of an affidavit .............. from  2.00,0
to  15.00,0
7.  For the drafting of each hypothecary protest  10.00,0
Provided that a fee shall be assessed for the
perusal of entries of hypothec and of relative deeds,
taking into consideration the number of entries and
deeds perused, their importance and/or the amount
involved ........................................................... from   10.00,0
to  30.00,0
8.  For every attendance, before a referee or before
a judicial assistant and for every attendance at an
inspection  in   faciem loci,  whether ordered by the
court or required by the client:
(i)  if the attendance does not last
more than one hour and a half ......  10.00,0
 (ii)  if it lasts more than one hour and a
half, and provided this circumst-
ance is expressly noted in a
procès-verbal  signed by the
referee, the judicial assistant or
the deputy registrar, as the case
may be, the fee shall be increased
by  Lm10 in respect of each
additional hour or part thereof. 
9.  When the attendance referred to at paragraph 8
takes place outside Valletta, the fee shall be ..............  12.00,0
10.  If the attendance referred to in the last
preceding paragraph lasts more than one hour and a
half, and provided this circumstance is expressly
noted in a  procès-verbal  signed by the referee the
judicial assistant or the deputy registrar, as the case
may be, the fee shall be increased by Lm10 in respect
of each additional hour or part thereof.
11.  (1) For drafting or perusal of a deed for
publication by a notary public, which includes fees
due for advice, research into liabilities and transfers,
tracing of root of immovables, and attendance at
publication:
if the value of the interest concerned -
(i)   does not exceed Lm200 ........ from  5.00,0
to  10.00,0
(ii)exceeds Lm200 but does not
exceed Lm3,000, per Lm100 or
part thereof  .................................  2.00,0
(iii) exceeds Lm3,000 but does not
exceed Lm25,000, per Lm100 or
part thereof in respect of such
excess .......................................... 1.00,0
Lm c m
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             239
(2) When, in connection with the drafting or
perusal of a deed to be published by a notary public,
an advocate does not perform all the services referred
to in sub paragraph (1) of this paragraph, the fee
therein established shall be assessed in proportion to
the services performed unless the advocate assumes
the professional responsibility for the deed, in which
case the fee established in that sub-paragraph shall
be due.
(3) If the value of the interest concerned exceeds
Lm25,000 or if the value of the interest concerned is
not expressed in money there shall be no Tariff.
12.  To curators appointed to attend at publication
of a deed on behalf of absentees or defaulters for
attendance and for perusal of the deed, and to any
person who in virtue of a right vested in him by the
court in terms of the Merchant Shipping Act,
transfers any ship or share therein .................... from 30.00,0
to  250.00,0
13.  For each definitive judgment:
 (i)in respect of the first Lm500 or
part thereof .................................. 20.00,0
minimumor
10%
whicheveris
the greater
(ii)   in respect of any value in excess of
the first Lm500 up to Lm10,000,
per Lm100 ................................... 3.00,0
(iii)in respect of any value in excess
of Lm10,000 per Lm100 .............. 1.00,0
 Provided that in respect to the claims referred to
in No. 7 ( b ) of Tariff A, the fee shall be taxed on one-
half of the maximum fixed by law for the penalty
contemplated therein.
14.  When a declaration containing a decision of
any point of law or of fact concerns a value
determinate or determinable according to law or from
the records of the proceedings, the fee in respect of
that decision shall be taxed in accordance with
paragraph 13, on the value so determined.
15.  ( a ) For any other necessary declaration
containing the decision of any point of law or of fact
..........................................................................from   10.00,0
to 100.00,0
Lm c m
  240        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
( b ) For each definitive judgement in a cause for a
remedy under Chapter IV of the Constitution or
under Chapter 319 or where the annulment of an
administrative act is demanded in terms of
contestation of article 469A of Chapter 12, or for the
contestation of a claim in terms of article 466 of
Chapter 12, or for the contestation of a seizure under
Chapter 37, or for the payment or refund of a tax,
levy, or duty ......................................................from  20.00,0
to  300.00,0
16.  In causes for the partition of property,
independently of the number of demands contained
in the writ of summons there shall be taxed only one
fee  ad valorem  as in paragraph 13 on the greater sum
between the assets and the liabilities of the property
to be divided - provided that in causes of partition of
property  causa mortis  such fee shall be taxed on the
value established as above of each particular estate to
be divided between the parties, saving that such fee
shall in no case be less than ......................................  50.00,0
17.  In causes for the partition of property where
the partition of all property involved cannot be
carried out except by way of licitation, provided that
such a demand is made in the writ of summons and
upheld in the final judgment, the fees due to each
advocate in the cause shall be taxed at the rate of one
per centum  (1%) on the value of the property in
licitation provided that in no case shall such fee be
more than that assessed according to paragraph 13 or
less than ...................................................................  50.00,0
 18.  In actions respecting the payment of annuities,
allowances and the like, if the amounts be
indeterminate, the fee shall be taxed as provided in
paragraph 13 on the amount awarded in the final
judgment, provided that in no case shall such fee be
less than ................................................................... 50.00,0
 19.  In actions of maintenance, the fee shall be one
half  per centum  (½%) on the amount of maintenance
payable under the judgment for a period of ten years,
provided that if the order refers to provisional
maintenance the fee shall be ............................. from 5.00,0
to 15.00,0
20.  In actions of filiation, in other actions
concerning the status of individuals and in actions
relating to the separation of married persons
irrespective of the number of declarations involved,
but saving the fee in respect of any decision on any
point of law or of fact which concerns a value
determinate or determinab1e, there shall be allowed a
fee ....................................................................from 35.00,0
to 75.00,0
Lm c m
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             241
  21.  In actions relating to the ranking of creditors,
the minimum fee shall be ..........................................  50.00,0
        Provided that -
(i)   when there is contestation of the
claim either as to the amount or as
to ranking the fee shall be as at
paragraph 13;
(ii)  where there is admission of the
claim, but such claim does not
result from a previous executive
title, the fee shall be as at
paragraphs 28, 29, 30 and 31, as
the case may be.
22.  To the advocate of the party making the
lodgment there shall be allowed the fee of ................ 10.00,0
But if there be contestation as to the amount
lodged, the provisions contained in paragraph 13
shall apply. 
23.  In bankruptcy or insolvency proceedings,
where there is no contestation concerning the proof
of a claim, the fee in respect of that proof of a claim
shall be that established for a declaration.
24.  In any other action of adjudication upon
competing claims, referred to in article 428 of the
Code of Organization and Civil Procedure, there
shall be taxed a fee as provided in paragraphs 13, 18
and 36.
25.  In causes concerning the validity of a
redemption or the implementation of a promise of
conveyance, the value in the cause for purposes of
paragraph 13 shall be the value of the property
redeemed or of which the conveyance was promised.
26.  For each decree in the cause .................... from  5.00,0
to  50.00,0
27.  In case of judgments of non-suit, if the
judgment is given on pleas touching the principal
merits of the cause, there shall be allowed to the
advocate the fee established in paragraph 13; in any
other case one-half of the fee aforesaid shall be
allowed.
28.  Where a cause is discontinued in first or in
second instance:
(i)  after the writ of summons or the
application has been filed, there
shall be allowed to the advocate of
the plaintiff one-third of the fee
established in paragraph 13 when
the cause is taxable  ad valorem; 
Lm c m
  242        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
(ii)  after the statement of defence or
the answer has been drafted, there
shall be allowed to the advocate of
the defendant one-third of the fee
established at paragraph 13 when
the cause is taxable  ad valorem .
29.  In case of compromise or discontinuance at
any other stage of the proceedings subsequent to
contestation but prior to the hearing of the cause, or
in case of admission at any stage prior to the
commencement of the hearing, there shall be allowed
one-half of the fees established at paragraph 13 when
the cause is taxable  ad valorem.
30.  If the compromise or discontinuance or
admission takes place after the commencement of the
hearing of the cause, two-thirds of the fee established
in paragraph 13 shall be allowed when the cause is
taxable  ad valorem.
31.  If the compromise or discontinuance or
admission takes place after the cause has been
adjourned for judgment, the whole fee established in
paragraph 13 shall be allowed, when the cause is
taxable  ad valorem .
32.  ( a ) If more than one advocate is briefed by the
same party in the same action, each of the advocates
shall be entitled to the whole of the established fee:
Provided that the party in whose favour the head
of costs is decided, although he may have briefed
more than one advocate, shall not be entitled to claim
from the party cast more than one whole fee.
( b )   Where there are two or more plaintiffs or two
or more defendants to a suit, each of the parties is
entitled to have his own advocate or advocates even
if the merit is similar in respect of all the plaintiffs or
in respect of all the defendants; and the party ordered
to pay the costs shall be bound to pay the proper fees
of all the advocates on the prevailing side so long as
no one party claims costs in respect of more than one
advocate.
33.  If an advocate abandons or is abandoned by
his client:
(i) after the application, the writ of
summons, the statement of
defence or the answer has been
filed, he shall be entitled to one-
third of the normal fee;
(ii)  after the above stages but before
the cause has been adjourned for
judgment, he shall be entitled to
two-thirds of the normal fee.
Lm c m
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             243
34.  The fee due to an advocate whose services
have been engaged after the former one has been
abandoned by or has abandoned his client before the
cause is concluded shall be equal to the difference
between the full fee and the fee taxed to the former
advocate. The fee due to a third and subsequent
advocate shall always be one-third of the full fee.
35.  In every case covered by paragraphs 33 and
34, the party engaging the services of more than one
advocate, one after the other, who happens to be on
the prevailing side, cannot claim from the party cast
more than one whole fee.
36.  The fees due to advocates in connection with
professional services requiring written pleadings,
other than those referred to in paragraph 6, if such
pleadings have been prepared but not filed shall be
those established in paragraph 15.
37.  In connection with professional services at
paragraphs 13, 14, 27 to 31, 33 and 34 the minimum
fee shall be Lm20.
38.  On appeal the fees laid down in paragraphs 13
to 36 inclusive, shall be increased by one-third.
39.  In regard to causes before the Court of
Magistrates (Gozo) in its superior jurisdiction, there
shall be taxed the same fees established in respect of
causes before the superior courts and the provisions
contained in paragraph 38 of this Tariff shall also
apply.
40.  Legal procurators shall receive one-third of
the fees established by this Tariff for advocates as
regards those judicial acts which bear their signature
together with that of an advocate, and as regards
services at paragraphs 7 and 8. No fees however are
taxable to them for any of the services mentioned
under the proviso to paragraph 3. For those judicial
acts which do not require also the signature of an
advocate and which are signed only by a legal
procurator, the fee shall be as that due to an
advocate.
41.  ( a ) The fees of official curators shall be those
established in this Tariff.
( b ) Official curators when served with a copy of a
judicial act, in connection with which they are not
expected to file any written pleading, shall be
entitled to the same fee due to an advocate and legal
procurator for the same judicial act.
42.  An additional fee of Lm25 shall be taxed for
every attendance, when an advocate is required to
appear before any superior court for any pleadings at
an hour when the registry is ordinarily closed.
Lm c m
  244        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
43.  Advocates and legal procurators, when
required to appear before the Court of Magistrates
(Malta), or before the Court of Magistrates (Gozo) in
its inferior jurisdiction, shall be entitled to the
following fees:
( a )   For every decision of any point of law or of
fact contained in a judgment:
Where the amount in issue does not exceed
Lm500 ..........................................................  20.00,0
or 10%
whichever is
the greater
in respect of any value in excess of Lm500,
per Lm100 .................................................... 3.00,0
( b )   Where the cause is admitted, compromised or
discontinued at any stage of the proceedings the
provisions of paragraphs 28 to 31 shall apply.
( c )   For the drawing up of a writ of summons or
notice, the filing of which has not taken place ........... 10.00,0
( d )   For each subpoena and relative application ......  3.00,0
( e )   For every warrant, counter-warrant, application
or note of consent ..................................................... 5.00,0
( f )   For each lodgment schedule:
where the value does not exceed Lm200  5.00,0
where the value exceeds Lm200 but not
Lm1,000 an additional fee of 1% of the
excess shall be paid. 
( g )   For a note of registration of a judgment or of
any other executive title ........................................... 5.00,0
( h )   For each attendance before a referee or a
judicial assistant and for each attendance  in   faciem
loci .......................................................................... 10.00,0
( i ) For each attendance before a court required for
the hearing of a cause at an hour when the registry is
ordinarily closed but not during an ordinary sitting,
or on a Sunday or public holiday, in addition to the
fees mentioned in this paragraph, an additional fee of
Lm10 shall be taxed in respect of each attendance.
44.  ( a ) Fees taxable to advocates who are
appointed as legal referees for each opinion dealt
with in the report shall be up to a maximum of Lm50
for each legal point decided. Any calculation or
computation of an amount to be awarded as damages
or compensation by the courts shall be deemed to be
an opinion, and the maximum fee taxable for such an
opinion shall be Lm100. The criterion shall be that of
the work involved and never the amount assessed by
the legal referee.
Lm c m
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             245
( b ) The above fees shall also apply to advocates
who are appointed to report to the Court of Voluntary
Jurisdiction and for the revision of accounts
rendered.
45.  For every copy required to be filed with the
original, for service as laid down in sub-article (2) of
article 174 of the Code of Organization and Civil
Procedure ................................................................. 2.00,0
46.  In every case where a fluctuating fee is
indicated in this Tariff by a minimum and a
maximum, the fee payable in a particular instance
shall be established by the registrar, according to the
criteria set out in the Code of Ethics and Conduct for
Advocates:
Provided that in the taxation of fees due to any
lawyer who has rendered professional services to a
person admitted to the benefit of legal aid the fee
shall always be assessed at the minimum: 
Provided further that all such fees so assessed
shall be subject to revision by the competent Court at
the instance of any person interested in accordance
with the provisions of article 64 of the Code of
Organization and Civil Procedure.
47.  ( a )   The foregoing provisions of this Tariff
shall not apply, as between an Advocate or a Legal
Procurator and his client, where a fee, or the basis on
which the fee is to be determined is agreed between
them which is different from that established by this
Tariff, and in any such case the agreed fee or basis
for determining it, not being a basis prohibited by
law, shall apply, subject to the provisions of the
following sub-paragraphs.
( b ) Nothing contained in sub-paragraph ( a ) of this
paragraph shall affect the taxing of fees as between
the parties to judicial acts or proceedings or in
respect of any extra-judicial work by advocates or
legal procurators to be paid by the other party, which
shall be regulated exclusively in accordance with the
foregoing paragraphs of this Tariff.
( c ) Notwithstanding sub-paragraph ( a ) of this
paragraph it shall not be lawful for any advocate to
fix by agreement his fees in an amount higher or
lower than those fixed in this Tariff in respect of any
matters arising under Chapter IV of the Constitution,
Book First of Cap. 16, Cap. 5, Cap. 255 and Cap. 319
of the Laws of Malta; and in respect of deeds for the
transfer of immovable property where the value does
not exceed Lm25,000.
Lm c m
  246        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
TARIFF F
Amended by: 
IV. 1862.22; 
IV.1905.7. 
Substituted by: 
L.N. 7 of 1968; 
L.N. 102 of 1980. 
Amended by: 
XIII.1983.4.
Substituted by:  
L.N. 121 of 1996.
Fees allowed to Supplementary Judges and Supplementary 
Magistrates
(Deleted by XXXI. 2002.195.) 
Amended by: 
VII.1856.8,9; 
IV.1862.23; 
XXXI.1934.82. 
Substituted by: 
L.N. 102 of 1980. 
Amended by: 
XIII. 1983.4.
TARIFF G
Fees payable to Accountants and other Referees
( d ) A fee charged by an advocate under an
agreement as is mentioned in sub-paragraph ( a ) of
this paragraph shall be subject to review by the
Committee for Advocates and Legal Procurators
established by the Commission for the
Administration of Justice Act (Cap. 369) on the
request of the client filed within one month from the
date of the agreement.
( e ) The said Committee may reduce the fee
charged as aforesaid if, in the light of the relative
criteria stipulated in the respective Codes of Ethics
and Conduct for Advocates and for Legal
Procurators, the Committee considers the fee to be
unreasonable.
( f ) For the purposes of this paragraph, an
agreement concerning fees shall be in writing. 
48.  ( a ) A fee charged by an advocate or a legal
procurator in respect of any matter not covered by
this Tariff shall be subject to review by the
Committee for Advocates and Legal Procurators on
the request of the client filed within one month from
the date of the agreement or, if there is no agreement,
from the date of the advocate’s or legal procurator’s
note of fees.
( b ) The said Committee may reduce the fee
charged as aforesaid if, in the light of the relative
criteria stipulated in the respective Codes of Ethics
and Conduct for Advocates and for Legal
Procurators, the Committee considers the fee to be
unreasonable.
Lm c m
Lm c m
 1.  The fee payable to accountants shall be taxed at
one  per centum  (1%) on the amount of the subject
matter of the references, subject to a minimum of
Lm5 and a maximum of Lm1,000.
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             247
Added by: 
G.N. No. 549 of 
1939. 
Amended by: 
G.N. No. 653 of 
1942. 
Substituted by: 
L.N. 7 of 1968; 
L.N. 102 of 1980. 
Amended by: 
XIII. 1983.4.  
Substituted by:  
L.N. 121 of 1996;
L.N. 142 of 2000.
TARIFF J
Fees payable in connection with Sea Protests or proceedings 
concerning Average
2.  To other experts, for any valuation: 
on the first Lm500 or part thereof .....................  5.00,0
on any further amount over Lm500, for every
Lm100 or part thereof ....................................... 1.00,0
Provided that the fee shall in no case exceed
Lm500. 
3.  The fees prescribed in the preceding numbers
of this Tariff shall include the remuneration for
making the report, accounts and statements, for
holding sittings, and for attendance in court and
elsewhere where necessary, but they shall not include
the expense necessary for carrying out the reference.
4.  Where, owing to the special circumstances of
the case, it appears to be just that, besides the fees
above established, an additional fee be allowed to the
referee or expert, it shall be in the power of the court,
upon hearing the parties interested, to allow such
additional fee at its discretion.
Any such additional fee may be determined
beforehand by the court in the decree appointing the
referee or expert or by separate decree, but in no case
otherwise than be decree.
5.  The taxation made by the registrar may be
appealed against by any referee or party in the
manner prescribed under article 667 of the Code of
Organization and Civil Procedure.
6.  Fees due to taxing experts in the Court of
Voluntary Jurisdiction shall be regulated in
accordance with No. 13 of Tariff C.
Lm c m
1 For the procedures required following the filing of any
application regarding sea protests or for proceedings
touching average up to the filing of the report:
(i) registry fee ............................................. Lm 50
(ii) fee due to the advocate ........................... Lm 100
(iii) fee due to the judge delegate .................. Lm 50
(iv) fee due to the deputy registrar ................ Lm 25
(v) fee due to the translator, if required ....... Lm 25
(vi) fee due to the clerk transcribing the
protest and depositions, if required ........ Lm 20
(vii) fee due to the executive officer of the
Court ...................................................... Lm 15
  248        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by: 
G.N. No. 203 of 
1920; 
G.N. No. 78 of 
1929. 
Substituted by: 
L.N. 7 of 1968. 
Amended by: 
XIII. 1983.4;
L.N. 1 of 2000;
XVIII. 2002.10;
XXXI. 2002.196.
TARIFF K
Fees payable to Periti
1.   Survey of Lands
( a )  Survey without the submission of a plan showing boundaries
only:
2 When the sea protest is drawn up outside the edifice of
the Law Courts the fees stated in paragraph 1 of this
Tariff shall be increased by .......................................... 25%
Provided that if the sea protest is drawn up on board a
ship lying outside a harbour the fees stated in
paragraph 1 of this Tariff shall be increased by ............ 50%
3 Where the sea protest is drawn up at any time after
4.00pm and before 9.00am the fees set out in
paragraph 1 of this Tariff shall be increased by ............ 50%
4 (1) The sea-protest shall be drawn up in English.
(2) An interpreter shall be employed when the
declaration is made or the evidence given in a language
with which the judge is not conversant.
 Level Land  Terraced Land 
or Level Land 
with trees and/
or other 
obstacles
Terraced Land 
with trees and/
or obstacles
If the area does not
exceed 4496 sq.
metres .................  Lm4.00,0  Lm5.00,0  Lm6.00,0 
If the area exceeds
4496 sq. metres
but does not
exceed 8992 sq.
metres ................. Lm7.00,0  Lm9.00,0  Lm 10.00,0
If the area exceeds
8992 sq. metres
but does not
exceed 13488 sq.
metres  ................ Lm10.00,0 Lm13.00,0  Lm16.00,0
If the area exceeds
13488 sq. metres
but does not
exceed 17984 sq.
metres ................. Lm15.00,0 Lm18.00,0 Lm22.00,0
If the area exceeds
17984 sq. metres
but does not
exceed 26976 sq.
metres ................. Lm20.00,0 Lm23.00,0  Lm30.00,0
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             249
If the area exceeds
26976 sq. metres,
for each addition-
al 1124 sq. metres
or part thereof
there shall be
added .................. Lm0.75,0 Lm1.00,0 Lm1.25,0
( b ) Survey with detailed plan:
(i)   If the area does not exceed 8992sq.
metres, the fees specified in sub-
paragraph ( a ) shall be increased
by Lm1 per 1124 sq. metres or
part thereof.
(ii)  If the area exceeds 8992 sq. metres,
the fees specified in sub-
paragraph ( a ) shall be increased
by Lm1 per 1124 sq. metres in
respect of the first 8992 sq. metres
and by 50c in respect of each
additional 1124 sq. metres or part
thereof.
( c ) Survey of streets including plans showing
outlines:
In this sub-paragraph the word “street” means any
street and includes any road, alley, square or other
place of public passage. 
For every 46 metres or part thereof of the length
of the street shown in the plan .................................. Lm2,00,0
( d ) Levels:
Where spot levels with or without contours are
required the fees payable under sub-paragraphs ( a ) ,
( b )   and ( c ) shall be increased by:
150% if levels are taken at intervals of  ........................ 1.5 metres
100% if levels are taken at intervals of  ........................ 3 metres
90% if levels are taken at intervals of ........................... 6 metres
80% if levels are taken at intervals of ........................... 9 metres
70% if levels are taken at intervals of ........................... 12 metres
60% if levels are taken at intervals of ........................... 15 metres
50% if levels are taken at intervals of ........................... 18 metres
40% if levels are taken at intervals of ........................... 21.5 metres
  30% if levels are taken at intervals of .......................... 24.5 metres
20% if levels are taken at intervals of ........................... 27.5 metres
10% if levels are taken at intervals of ........................... 30.5 metres
2.  Survey and Plotting of Buildings
( a )   Buildings of simple disposition and regular in
plan:
(i)    if of not more than 6 areas ............ 2.50,0
  250        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
(ii)   if of more than 6 areas, the above
fee shall be increased by 50c in
respect of each additional area.
( b )   Buildings with irregular walls:
The fees specified in sub-paragraph ( a )   shall be
increased by fifty  per centum  (50%).
Note: The above fees shall be in respect of one
floor only.
For the survey and plotting of each other floor
the fees shall be reduced by fifty  per centum
(50%).
( c )   Buildings of a special character:
For every 9 square metres or part thereof of the
gross area ......................................................... 0.25,0
3.   Plans of Building Sites and Relative Division
into Building Plots
For surveying a building site, preparing detailed
plans and dividing the site into building plots:
(i)   if the area does not exceed 878 sq.
metres
5.00,0
(ii)   if the area exceeds 878 sq. metres,
for every additional 439 sq. metres
or part thereof  3.00,0
4.   Measurements of Excavations and Embank-
ments
Up to 14 cubic metres, per 3 cubic metres or part
thereof .....................................................................  0.60,0
Over 14 and up to 28.5 cubic metres, per 3 cubic
metres or part thereof ............................................... 0.47,5
Over 28.5 cubic metres, per 3 cubic metres or part
hereof  0.35,0
5.   Measurement of Works or Preparation of Bills
of Quantities
( a )   For measurement of work including pricing 2%
( b )   For detailed bills of quantities by trade
including pricing 2½%
( c ) For measurement of works and pricing which
require calculations other than the measurement of
actually existing quantities and the assessment of the
relative prices ........................................................... 3%
6.  Valuations
( a ) Rural property 
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             251
If the value does not exceed Lm100 ......................  3.00,0
If the value exceeds Lm100 but not Lm 200 ..........  3.90,0
If the value exceeds Lm200 but not Lm 300 .......... 5.10,0
If the value exceeds Lm300 but not Lm 400 .......... 6.00,0
If the value exceeds Lm400 but not Lm 500 ..........  6.90,0
If the value exceeds Lm500 but not Lm 600 ..........  7.50,0
If the value exceeds Lm600 but not Lm 700 ..........    8.10,0
If the value exceeds Lm700 but not Lm 800 ..........  8.70,0
If the value exceeds Lm800 but not Lm 900 .......... 9.30,0
If the value exceeds Lm900 but not Lm 1,000 .......  9.90,0
If the value exceeds Lm1,000 the fee shall be
increased by 30c per Lm100 or part thereof.
( b )   Urban property
If the value does not exceed Lm100 ......................     3.00,0
If the value exceeds Lm100 but not Lm 200 ..........    3.25,0
If the value exceeds Lm200 but not Lm 300 ..........    3.60,0
If the value exceeds Lm300 but not Lm 400 .........  4.05,0
If the value exceeds Lm400 but not Lm 500 .......... 4.50,0
If the value exceeds Lm500 but not Lm 600 ..........  4.95,0
If the value exceeds Lm600 but not Lm 700 ..........    5.40,0
If the value exceeds Lm700 but not Lm 800 .......... 5.85,0
If the value exceeds Lm800 but not Lm 900 .......... 6.30,0
If the value exceeds Lm900 but not Lm 1,000 .......  6.80,0
If the value exceeds Lm1,000 the fee shall be
increased by 30c per Lm 100 or part thereof.
( c ) Emphyteutical property and property subject
to usufruct, burdens or easements. 
The fee payable shall be assessed on the value of
the property as free.
In the valuation of a  directum dominium  in
perpetuity of any tenement or of any perpetual
burden, the fee shall be assessed in accordance with
paragraph 15.
( d )   Usufruct
In the valuation of a usufruct the fee shall be
assessed on the value of the property as freehold with
the addition of a fee as provided under sub-paragraph
( b ) of paragraph 15.
( e ) Portions of tenements
In the valuation of an undivided portion of a
tenement, whether free or emphyteutical or subject to
usufruct, easement or burden, the fee shall be
assessed as laid down in sub-paragraphs   ( a )   and   ( b )
of this paragraph or on the basis of four  per centum
(4%) on the value of the portion so valued,
whichever is the lesser fee, provided that in no case
the fee payable shall be less than Lm3.
  252        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Note: The fees specified in this paragraph include
any fees for valuations and measurements which may
be necessary to arrive at the final value.
7.  Partition of Property
The fee payable shall be one-fourth of the fee
established for the valuation but it shall not exceed
Lm15 for every proposed scheme of partition of
property.
8. Assessing value of Dilapidations or
Improvements 
For preparing schedule, with or without the
assessment of the value, the fee shall be equal to five
per centum  (5%) on the assessed amount: 
Provided that if only an assessment of the value is
required, the fee shall be of two  per centum  (2%) of
the estimated cost.
In no case shall the fee be less than Lm3.
9.  Assessing Damage other than Dilapidations
For preparing detailed schedule and settling the
amount, the fee shall be equal to five  per centum
(5%) of the assessed amount:
Provided that the fee in respect of repeated works
of an identical nature shall be reduced by sixty  per
centum  (60%) for each work other than the first.
In no case shall the total fee be less than Lm3. 
10.  Design and Erection of Buildings
For taking the client’s instructions, preparing
sketch designs, making approximate estimates of
cost by cubic measurement or otherwise, submitting
applications for building and/or other licences,
preparing working drawings and specifications,
giving general supervision, issuing certificates of
payment and certifying accounts, the fee in respect of
new works is to be assessed as follows:
If the cost of the executed work does not exceed
Lm100 ..................................................................... 10% of the 
cost
If the cost of the executed work exceeds Lm100
but does not exceed Lm300 ......................................  9% of the 
cost
If the cost of the executed work exceeds Lm300
but does not exceed Lm500 ...................................... 8% of the 
cost
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             253
If the cost of the executed work exceeds Lm500
but does not exceed Lm 1,000 ................................... 7% of the 
cost
If the cost of the executed work exceeds Lm1,000 6% of the 
cost
In the case of alterations to existing buildings, the
percentage to be charged shall be increased by fifty
per centum  (50%) over the rate for new works.
Notes: (1) The fees specified in this paragraph
shall not cover constant supervision of the work but
only such supervision as may be required for the
purpose of the professional responsibility of the perit
under any relevant law at any time in force and as
may be necessary to ensure that the works are being
executed in general accordance with the contract.
(2) Such fees, however, shall cover the
responsibility of the perit to ensure that no material
deviation, alteration, addition to or omission from
the approved design is made without the knowledge
and consent of the client, and to inform the client if
the total authorised expenditure is likely to be
exceeded or if the contract period is likely to be
varied.
(3) Where it is agreed between the perit and the
client to retain the services of consultants, the fee of
the perit shall be reduced by one-third of the fees on
the cost of the works upon which the services of
consultants are retained.
11.   Fees in cases when the Perit Abandons or is
Abandoned by the Client or Works remain
Unexecuted
1. If a project referred to in paragraph 10 of this
Tariff or part thereof is abandoned or if the perit
abandons or is abandoned by the client:
( a )   after the perit has taken the client’s
instructions, prepared preliminary
sketch designs sufficient to indicate the
interpretation by the perit of the client’s
instructions and made an approximate
estimate of the cost of the project, the
fee shall amount to one-third ( 1 / 3 )  of the
fees specified in paragraph 10;
( b )   after the perit has taken the client’s
instructions, prepared sketch designs,
made an approximate estimate of the
cost, submitted applications for building
and/or other licences, and prepared
working drawings and specifications,
the fee shall amount to two-thirds ( 2 / 3 ) of
the fees specified in paragraph 10.
  254        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
2. The perit who has been engaged after a former
one has been abandoned by, or has abandoned, his
client as above shall be entitled to:
( a ) five-sixths ( 5 /6 ) of the fees specified in
paragraph 10 in the case contemplated in
sub paragraph 1 ( a ) of this paragraph;
( b ) one-half (½) of the fees specified in paragraph
10 in the case contemplated in sub paragraph 1 ( b ) of
this paragraph.
12.  Old Material or Material and Services
provided by Client
When building work has been executed wholly or
in part with old material or where the material,
labour and/or carriage is provided wholly or in part
by the client, the fee of the perit shall be calculated
as if the work had been executed throughout with
new material and as if the material, labour and/or
carriage had been paid for throughout at current cost.
13.  Services not included in Paragraph 10 and 11
Additional fees shall be payable for:
( a ) surveying sites of buildings and taking
levels;
( b )   altering drawings or preparing new
drawings and for other services made
necessary by variations or additions
required by the client after the original
drawings have been approved by him;
( c )    the assessment of compensation due for
rendering party walls common;
( d )   measuring and pricing executed works. 
14.   Statically Indeterminate Structures
In cases involving the design of statically
indeterminate structures or statically indeterminate
structural members, a fee of two  per centum  (2%) on
the cost of such structures or structural members
shall be payable in addition to the fees chargeable
under paragraph 10 hereof.
15 .  Miscellaneous Fees
( a ) For minor service not otherwise provided
for ........................................................ 0.60,0
( b ) For important service not otherwise
provided for .......................................... 2.00,0
( c ) Time charges:
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             255
     In cases where it is agreed between the
perit and the client that the fee is to be
on a time basis, the fee shall be of
Lm1.50,0. per hour, but when the perit
requires the help of an assistant, the fee
shall be increased by 40c an hour.
( d )     Travelling allowance
     From Malta to Gozo and vice versa or
from Gozo to Malta and vice versa ........ 3.00,0
( e )     Costs in connection with Court duties:
(i)   transportation costs to a site
inspection .................................... 3.00,0
(ii)   typing and printing minutes in the
records of a case, per A4 sheet, for
the first copy thereof  ................... 0.30,0
and each additional copy thereof  ........ 0.10,0
(iii) for the issue of each notice of a
sitting or site inspection to
lawyers and parties ...................... 0.50,0
16.   Fees taxable to periti who are appointed as
Court referees for each opinion dealt with in the
report shall be up to a maximum of Lm50 for each
legal point decided.  Any calculation or computation
of an amount to be awarded as damages or
compensation by the Courts shall be deemed to be an
opinion, and the maximum fee taxable for such an
opinion shall be Lm100.  The criterion shall be that
of the work involved and never the amount assessed
by the Court referee:
Provided that there shall be paid a fee to a  perit
appointed as a Court referee as follows:
( a )     For each sitting held - 
(i)   for the first hour or part thereof  ... 10.00,0
(ii)   for each additional hour or part
thereof  ........................................ 10.00,0
( b )     For each site inspection held - 
(i)   for the first hour or part thereof  ... 13.50,0
(ii)   for each additional hour or part
thereof  ........................................ 10.00,0
17.   Periti, when ordered by a Court or required
by a client to appear before any judicial assistant or a
court referee, or for a site inspection shall be entitled
to the following fees:
(i)   for the first hour or part thereof  ... 15.00,0
(ii)   for each additional hour or part
thereof  ........................................ 13.50,0
  256        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
TARIFF L
Added by: 
G.N. No. 199 of 
1944.
Substituted by: 
L.N. 102 of 1980. 
Amended by: 
XIII. 1983.4. 
Substituted by: 
L.N. 121 of 1996.
Fees payable in respect of proceedings under article 257 of the 
Civil Code, Cap. 16.
18.  The fees set forth in this Tariff shall, in all
cases, be exclusive of the cost of copies of
documents, travelling expenses and all other
disbursements not already provided for.
19.  The expert appointed by the court shall not be
entitled to any fee for services in connection with the
presentation of the report or the confirming of the
same on oath, but if, after he has presented the report
and confirmed the same on oath, he is required to
attend in court, he shall be allowed a fee for
attendance in accordance with item ( f ) of Schedule A
to the Witnesses (Fees) Ordinance.
Lm c m
Registry fee for the filing of any application or
note .................................................................... 2.00,0
For subpoena of witness - for each witness .......... 0.15,0
For every copy of any application or note - for
every page ........................................................... 0.25,0
To the advocate or legal procurator - for any
application or note ..............................................  3.00,0
For other services in connection with these
proceedings ................................................ from  3.00,0
to    10.00,0
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             257
SCHEDULE B
[A R T I C L E  1007]
FORMS
Amended by:
L.N. 153 of 1996.
No. 1 
Application of a minor 
to bring action through a curator.
In ( here insert name of Court )
......................................
......................................
   versus
......................................
......................................
The application of the said
Respectfully sheweth: - 
That, in the opinion of competent persons, he has good cause to
bring an action against the said                                                         for
the purpose   of                                     , but, as he is a minor, he
being only     years of age, he therefore humbly prays this Court
that he may be allowed to bring the action through a curator
appointed by this Court.
( Decree of the Court )
The Court,
Upon seeing the application of                                      ,
Appoints                                         to act as curator of
during his minority, in the action mentioned in the application.
This                     day of         
         ( Registrar’s signature )
10 cents
  258        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by:
L.N. 153 of 1996.
No. 2 
Application of a 
third party for the appointment 
of a curator to represent a minor.
In ( here insert name of Court )
......................................
......................................
   versus
......................................
......................................
The application of
Respectfully sheweth: - 
That, from information obtained,                                                 has
good cause to bring an action against, 
for the purpose of                                                                           ,
but, as the said                                                       is a minor, he
being only        years of age, the applicant, therefore, humbly prays
that this Court may appoint a curator for the purpose of bringing
the necessary action on behalf of the said minor.
( Decree of the Court )
The Court, 
    Upon seeing etc.,
 
   This         day of     
   ( Registrar’s signature )
10 cents
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             259
Amended by:
XVI.1922.5.
Substituted by:
L.N. 42 of 1982.
Amended by:
XIII.1983.5;
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 3
Application to sue/defend
with benefit of legal aid.
In the Civil Court First Hall
......................................
......................................
   versus
......................................
......................................
The application of the said
Respectfully sheweth: -
That in the claim by/against  for
he qualifies for admission to sue/defend with the
benefit of legal aid.
Wherefore applicant humbly prays this Court that he may be
allowed to sue/defend with the benefit of legal aid, and the said
applicant declares on oath that he believes that his aforesaid claim/
defence is just, and that excluding the subject-matter of the
proceedings, he does not possess property of any sort (not
including wearing apparel) the net value whereof amounts to a sum
of not more than three thousand liri not including everyday
household items that are considered reasonably necessary for the
use by applicant and his family, and that his yearly income is not
more than the national minimum wage established for persons of
eighteen years and over; and that in calculating the said net asset
value, no account has been taken of the principal residence of the
applicant  or any other property, immovable or movable, which
forms the subject matter of court proceedings, even though such
other property is not the subject matter of the proceedings in
respect of which legal aid is being applied for; and that in
calculating the income, the period of computation has been
calculated at the twelve months’ period prior to the demand for the
benefit of legal aid.
(Decree of the Court)
The Court
Upon seeing etc.,
Orders that this application be referred to the Advocate for Legal
Aid to examine and report whether the applicant has a good cause
of action.
This day of 
(Registrar’s signature)
10 cents
  260        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by:
L.N. 153 of 1996.
No. 4 
Application for order 
in connection with competition 
proceedings. 
In ( here insert name of Court )
The application of 
for competition proceedings amongst the creditors of
Respectfully sheweth: -
That in the Registry of this Court there is lodged the sum of
by schedule filed by                             on the                       day of
.
That the applicant as creditor of the said                               claims
that amount, but he is unable to obtain the same, as it is claimed by
other parties (or other parties claim to have an interest therein)
so that competition proceedings on the said deposit amongst the
creditors of the said                        are now competent.
Wherefore the applicant humbly prays that this Court may order
the publication of the notice relative to such competition
proceedings.
( Decree of the Court )
The Court,
Allows the application, and appoints the              
for the appearance of the parties interested at the
hearing of the cause, and directs the Registrar to publish the notice
referred to in article 416 of the Code of Organization and Civil
Procedure.
This             day of 
( Registrar’s signature )
10 cents
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             261
Amended by: 
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 5 
Notice in compliance with 
the preceding Order.
 NOTICE
 Registry of
This             day of
It is hereby notified to whom it may concern that, in the Registry
of the ( name of Court )                            , there is the sum of
lodged by schedule filed by                            on the
day of               in favour of                        , and that by a decree of
the               day of                     , on the application of
, the Court has ordered that competition proceedings be instituted
on the said deposit, and has appointed the                            day of
for the appearance of the parties interested and the hearing of the
cause.
Wherefore any person, claiming to have an interest in the matter,
is requested to exercise his rights on the deposit aforesaid, by an
application within       days from the aforementioned date,
for the purposes of the Code of Organization and Civil Procedure.
( Registrar’s signature )
10 cents
  262        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by: 
XXXI.1934.83; 
L.N. 46 of 1965. 
Substituted by: 
XXII. 1976.2; 
L.N. 95 of 1979. 
Amended by: 
L.N. 190 of 1995
L.N. 153 of 1996.
10 cents
No. 6                SUMMONS NO. ........
    Writ of
    Summons.
REPUBLIC OF MALTA
COST 
NOT. IN THE FIRST HALL OF THECIVIL  COURT 
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IN THE COURT OF MAGISTRATES
( GOZO )  SUPERIOR JURISDICTION
WRIT OF SUMMONS
Today.................................
presented by
NOTICE
Whoever receives this writ of summons issued against him
must file his statement of defence within twenty (20) days
from the date of service, that is, from the date when he
receives it. If a statement of defence in writing is not filed as
required by law within the said time, the Court shall proceed to
decide the cause in terms of law.
Therefore, it is in the interest of whosoever receives this
writ of summons to consult an advocate without delay in order
that the Court   may hear what he has to plead in the cause.
To defendant/s
By order of the Court at the suit of
You shall appear before this Court on the day and time
appointed and notified to you after the preliminary written
proceedings of the cause will have been completed and there,
every necessary declaration being prefaced and any expedient
direction being given. 
Given by the aforesaid ( name of Court ) ,
by the order of                       Doctor of Laws,
Judge of the said Court.
   This            day of                        20     .
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             263
Amended by: 
L.N. 46 of 1965. 
Substituted by: 
XXII. 1976.2. 
Amended by: 
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 7 
Notice of hearing
of cause.
REPUBLIC OF MALTA
To                                                  Marshal of the Courts 
WHEREAS in a cause the pleadings whereof have been closed in
the   ( name of Court )
between 
the Court has appointed the
for the hearing of the said cause.
Wherefore you are ordered that by the delivery of a copy hereof
both to the said Plaintiff                                          and Defendant
                        or their agent, according to law, you summon them
to appear at                            o’clock on the                           before
this Court, on which day the cause will be heard and determined.
You are further ordered to warn in the same manner the aforesaid
Plaintiff and Defendant that, should they fail to appear on the day,
and at the place and time aforesaid, the Court will proceed in their
default to deliver judgment, according to justice, at the suit of the
said on the same day, or on any subsequent day, as may
be determined by the said Court.
And after execution, or upon your meeting with any obstacle in
the execution hereof, you shall forthwith report to this Court. 
Given by the   ( name of Court ) ,
and witnessed by                                             Doctor of Laws, 
of the said Court.
This,                 day of            20 
10 cents
  264        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by: 
L.N. 46 of 1965. 
Substituted by: 
XXII.1976.2; 
L.N. 96 of 198l. 
Amended by: 
XXIV. 1995.358; 
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 8
Subpoena  Ad Testificandum 
and/or  Duces Tecum  before the 
Court/referee.
In   ( here insert name of Court )
  In the cause
......................................
......................................
versus
......................................
......................................
 Application of
Respectfully requests the issue of a summons of a witness in the
above-stated cause against the person mentioned hereunder to
attend for the sitting and at the time stated hereunder, and/or to
bring with him the documents referred to hereunder.
Name and address of the person summoned to attend as a witness: 
Documents to be brought by him:
Date, time and place where he is to attend:
Advocate                                                     Legal Procurator 
This,                         day of        20 
Filed by
( Registrar’s signature )
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             265
No. 8
Subpoena  Ad Testificandum 
and/or  Duces Tecum 
before the Court/referee.
REPUBLIC OF MALTA
COURT SUMMONS
To                                                                  Marshal of the Courts
WHEREAS pursuant to the above application in the abovestated
cause pending in this Court the evidence of the afore mentioned
person is required;
You are, therefore, ordered to summon the said person to attend
on the day and at the time mentioned, and so on any other day and
at any other time to which the said cause may be put off to give
evidence in that cause and/or to bring with him the documents
indicated.
You will also warn the said person that in case of disobedience to
this summons, he shall be liable to the penalties established for
contempt of Court, and he may be compelled to attend by a warrant
of escort or of arrest, and he shall be liable to all other
consequences to which, according to the provisions of the Code of
Organization and Civil Procedure, he may be liable for such
disobedience.
And after execution, by delivery of a copy hereof to the said
person or to his agent, according to law, or upon your meeting with
any obstacle in the said service, you shall forthwith report to this
Court.
Given by the ( name of Court ) ,
and witnessed by                                                    Doctor of Laws, 
of the said Court.
This,               day of                           20 
10 cents
  266        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by: 
L.N. 46 of 1965; 
XIII. 1983.4; 
L.N. 190 of 1995;
L.N. 18 of 1996; 
L.N. 153 of 1996..
No. 9
Warrant of seizure for fine 
( ammenda  or  multa ) or of arrest 
against person failing to attend 
on subpoena  Ad Testificandum 
and/or  Duces Tecum.
REPUBLIC OF MALTA
To                                                                   Marshal of the Courts 
WHEREAS by a decree given by the   ( name of Court ) on the
day of                 ,                    was condemned to pay a fine
( ammenda  or  multa ) of Lm            ( or was sentenced to detention or
imprisonment for                        ) for having failed to attend as
witness in the cause                              versus    
Wherefore you are ordered to seize, without any delay, from the
possession of the said                               a pledge equivalent to the
aforesaid amount and to the costs of this warrant, or, in the absence
of things liable to seizure, to convey the said                               
to the prison appointed for persons condemned to detention ( or
imprisonment ) to be kept therein for the aforesaid period of
in default of payment of said amount.
And after execution, etc.,                          ( as in Form No.8 ).
10 cents
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             267
Amended by: 
L.N. 46 of 1965. 
Substituted by: 
XXII.1976.2. 
Amended by: 
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 10
Warrant of Escort 
against person failing to 
attend on subpoena 
Ad Testificandum  and/or  Duces Tecum .
 REPUBLIC OF MALTA
To                                                                   Marshal of the Courts 
WHEREAS the ( name of Court ) has by a decree given on the
ordered that                                                              , having failed
to attend as a witness before this Court in the cause pending
between                               and                            , be brought before
this Court to give h            evidence and/or to bring documents at
the sitting of
Wherefore you are ordered to bring before this Court the said
and to keep h          until         shall have given 
h          evidence, and/or brought the documents or until this Court
shall order h              discharge.
And after execution, or upon your meeting with any obstacle in
the execution hereof, you shall forthwith report to this Court. 
Given by the   ( name of Court ),
and witnessed by                                                Doctor of Laws,
 of the said Court.
This,              day of            20 
10 cents
  268        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by: 
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 11
Bond of surety
in cases prescribed 
by law in respect
of certain warrants.
I, the undersigned, do hereby stand surety  in solidum  with
for   any amount to which he may be condemned by way of penalty,
or for any other cause, according to law, in consequence of the
execution of the warrant sought by him, and I declare on oath that I
consider myself sufficient for the fulfilment of this my bond.
10 cents
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             269
Amended by: 
XIII.1925.6; 
L.N. 46 of 1965. 
Substituted by: 
XXII. 1976.2; 
L.N. 96 of 1981. 
Amended by: 
L.N.190 of 1995;
L.N. 153 of 1996.
No. 12 
Garnishee Order.
In ( here insert name of Court )
(Creditor) ......................................
......................................
versus
(Debtor) ......................................
......................................
 
Application of
Respectfully requests: -
That this Court orders the issue of a garnishee order to be
executed on the garnishee or garnishees as hereinafter mentioned,
against the debtor for the debt herein mentioned and for the costs of
this procedure, as precaution against the debt hereinafter indicated/
by virtue of the executive title herein mentioned/as confirmed on
oath hereunder. -
Title/Executive title: 
Garnishee/s 
Advocate
Legal Procurator
This,                  day of                20 
Confirmed on oath before me, after I have read to him the
contents, and in the presence of                        witness to identity,
and filed by
( Registrar’s signature )
Debt:  {
Amount
Interest 
Costs
  270        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
No. 12 
Garnishee Order.
REPUBLIC OF MALTA
COURT WARRANT
To                                                                      Marshal of the Courts
WHEREAS the above application has been filed and it contains
the elements required according to law for the issue of the orders
herein contained;
You are, therefore, on the said application, hereby ordered that,
by delivering a copy of this Order, in the first place, to the
aforesaid garnishees and subsequently to the debtor, you shall
enjoin the said garnishees to retain in their possession as
sequestered until the expiration of the time for which this warrant
shall remain in force according to law or until further orders, or
otherwise to deposit in the Registry of this Court, so much of the
things or moneys in their possession appertaining to the said debtor
as may be sufficient to satisfy the aforementioned claim of the said
creditor together with the costs hereof under penalty of the payment
of damages and interest, in case of disobedience.
And after execution, or upon your meeting with any obstacle in
the execution hereof, you shall forthwith report to this Court.
Given by the ( name of Court ),
and witnessed by                                                  Doctor of Laws,
 of the said Court.
This,             day of            20 
10 cents
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             271
Amended by: 
L.N. 46 of 1965. 
Substituted by: 
XXII. 1976.2. 
Amended by: 
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 13
Order for depositing 
after service of Garnishee 
Order.
REPUBLIC OF MALTA
To                                                                    Marshal of the Courts 
WHEREAS in virtue of a garnishee order made by the ( name of
Court ) and executed on                                       it was ordered that
so much of the things (or moneys) in the possession of                    
and belonging to                                             as may be sufficient
to satisfy the claim of                          against                  be attached;
And whereas it has been represented by the said                   that
the time for the delivery of the things (or moneys) attached as
aforesaid has expired;
And whereas an application has now been made for an order that
the said                                 be enjoined to deposit in the Registry
of this Court the things (or moneys) so attached;
You are, therefore, ordered to enjoin the said 
to deposit in the Registry of this Court, within two days from the
date of service hereof, the things (or moneys) attached as aforesaid
and to warn the said                                   that in default of such
deposit, within the aforesaid time, proceedings will be taken
against him, according to law.
And after execution, by delivery of a copy hereof to the said
or                          agent, according to law, or upon your meeting
with any obstacle in the said execution, you shall forthwith report
to this Court.
Given by the ( name of Court )
and witnessed by                                                     Doctor of Laws,
of this Court.
This,             day of                 20 
10 cents
  272        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by: 
L.N. 46 of 1965. 
Substituted by: 
XXII.1976.2; 
L.N. 96 of 1981. 
Amended by 
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 14
Warrant of Impediment 
of Departure of a Vessel.
In ( here insert name of Court )
(Applicant)  ......................................
......................................
versus
(Respondent) ......................................
......................................
 Application of 
Respectfully sheweth and confirms on oath:
That the applicant seeks to safeguard the credit herein mentioned
against the said respondent/vessel;
That by the departure of such vessel from Malta applicant’s
credit may be evaded;
Wherefore, the applicant respectfully requests that this Court
orders the issue of a warrant of impediment of departure against the
said vessel for the herein mentioned credit and for the costs of this
procedure.
Credit: 
Title/Executive Title:- 
Advocate
Legal Procurator
This,                    day of                    20 
Confirmed on oath before me, after I have read to him the
contents, and in the presence of
witness to identity, and filed by
( Registrar’s signature )
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             273
No. 14
Warrant of Impediment of 
Departure of a Vessel.
REPUBLIC OF MALTA
COURT WARRANT NO. . . . . . . . . . . . . . . . .,
To                                                                   Marshal of the Courts
WHEREAS the attached application has been filed and it
contains the elements required according to law for the issue of the
orders herein contained;
You are, therefore, on the said application, hereby ordered to
detain the vessel therein mentioned, until further orders, and to
adopt such measures as may be necessary for the said purpose.
You are further ordered to enjoin, by the delivery of a copy
hereof, the Master of the said vessel not to cause the ship to
proceed on her voyage, and the Comptroller of Customs not to
deliver the clearance papers of the said vessel, and, if such
clearance papers have already been delivered, to withdraw them,
under penalty of the payment of damages and interest to the said
applicant.
Lastly, you are notified that this warrant shall, in default of
further orders of this Court, cease to have effect in six months’ time
from this day.
And after execution, or upon meeting with any obstacle in the
execution hereof, you shall forthwith report to this Court.
Given by the ( name of Court )
and witnessed by                                                        Doctor of Laws, 
of the said Court,
This,          day of                  20 
10 cents
  274        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by: 
L.N. 46 of 1965. 
Substituted by: 
XXII. 1976.2; 
L.N. 96 of 1981. 
Amended by: 
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 15 
Warrant of Seizure.
In ( here insert name of Court )
(Creditor) ......................................
......................................
versus
(Debtor) ......................................
......................................
 
 Application of
Respectfully requests and confirms on oath: - 
That this Court orders the issue of a warrant of seizure against
the said debtor for the amounts/objects hereinafter mentioned and
for the costs of this procedure, as precaution for the credit
mentioned below/in execution of the executive title mentioned
below. 
Title/Executive Title: -
Advocate
Legal Procurator
This,          day of               20 
Confirmed on oath before me, after I have read to him the
contents, and in the presence of                 witness to identity, and
filed by
( Registrar’s signature )
Debt:  {
Amount
Interest 
Costs
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             275
No. 15 
Warrant of Seizure.
REPUBLIC OF MALTA
COURT WARRANT
To                                                                      Marshal of the Courts
WHEREAS the above application has been filed and it contains
the elements required according to law for the issue of the orders
herein contained;
You are, therefore, on the said application, hereby ordered to
seize without delay from the debtor herein mentioned a pledge
equivalent to the debt/objects mentioned in the application together
with the costs of this warrant should he fail to pay or deposit in the
Registry of this Court the objects/amount mentioned as debts.
And after execution, or upon your meeting with any obstacle in
the execution hereof, you shall forthwith report to this Court.
Given by the ( name of Court )
and witnessed by                                                     Doctor of Laws,
 of the said Court.
This,        day of       20 
10 cents
  276        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by: 
L.N. 46 of 1965. 
Substituted by: 
XXII. 1976.2. 
Amended by: 
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 16 
Warrant  in factum.
REPUBLIC OF MALTA
To                                                                   Marshal of the Courts 
WHEREAS by a judgment delivered by the ( name of Court ) on
the           day of              20      ,
was condemned to                           in favour of
And whereas the said                             has represented to this
Court that the said                                     has made default in
carrying out the said judgment;
You are, therefore, hereby ordered to convey, without delay, the
said                        to the prison of                       to be detained
therein until further orders of this Court.
And after service by delivery of a copy hereof to the said
or                       agent, according to law, or upon your meeting with
any obstacle in the said service, you shall forthwith report to this
Court.
Given by the ( name of Court )
and witnessed by                                                    Doctor of Laws, 
of this Court.
This,       day of           20 
10 cents
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             277
Amended by: 
L.N. 46 of l965. 
Substituted by: 
XXII.1976.2; 
L.N. 96 of 1981. 
Amended by: 
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 17
Warrant of Ejectment.
In ( here insert name of Court )
(Applicant)......................................
......................................
versus
(Respondent)......................................
......................................
Application of
Respectfully requests: - 
That this Court orders the issue of a warrant of ejectment against
the respondent (from the herein mentioned tenement) in execution
of the judgment herein mentioned, whereas the respondent has so
far failed so to do.
Tenement:
Judgment: 
Advocate 
Legal Procurator
This,                day of                 20  
Filed by
( Registrar’s signature )
  278        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
No. 17
Warrant of Ejectment.
REPUBLIC OF MALTA
 COURT WARRANT
To                                                                 Marshal of the Courts
WHEREAS by a judgment delivered by the ( name of Court ), as
stated in the aforementioned application, respondent was
condemned to quit the said tenement, and whereas the said
respondent has so far failed to do so;
You are, therefore, on the said application, ordered to cause the
respondent to be actually ejected from the tenement mentioned in
the application, leaving the same free in favour of the said
applicant, enjoining further the said respondent by delivering a
copy of the warrant, not to disturb the aforesaid applicant in the
free enjoyment of the said tenement, under the penalties established
for contempt of Court.
And after execution, or upon your meeting with any obstacle in
the execution hereof, you shall forthwith report to this Court.
Given by the ( name of Court )
and witnessed by                                                     Doctor of Laws,
                     of the said Court.
This,              day of                 20 
10 cents
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             279
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68. 
Substituted by: 
XXII. 1976.2. 
Amended by: 
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 18
Warrant of Description 
issued on the application 
of the Attorney
General in case of any
vacant succession. 
REPUBLIC OF MALTA
To                                                                 Marshal of the Courts
 WHEREAS it has been represented to the ( name of Court ) by the
Attorney General that                                    died on the            and
that his heirs, whether testamentary heirs or heirs-at-law, are
unknown;
And whereas the said Attorney General has applied for the issue
of a warrant of description of the property of the said
in the interest of all parties concerned;
You are, therefore, ordered to proceed to the usual place of
residence of the late                                    and to any other place in
which you may be aware that there is any property belonging to his
estate, to state in detail such property, and to deposit all movable
property appertaining to the said estate in this Court.
And after execution, or upon your meeting with any obstacle in
the execution hereof, you shall forthwith report to this Court. 
Given by the ( name of Court ) 
and witnessed by                                                     Doctor of Laws, 
of the said Court.
This,            day of          20 
10 cents
  280        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Amended by: 
L.N. 46 of 1965. 
Substituted by: 
XXII. 1976.2; 
L.N. 96 of 1981. 
Amended by: 
L.N. 190 of 1995;
L.N. 153 of 1996.
No. 19
Counter-Warrant. 
In ( here insert name of Court )
Following the warrant of 
......................................
.
 ................ No................
issued on the .................. 
in the names:-             
  ......................................
......................................
versus
 ......................................
......................................
Application of
Respectfully requests:-
That this Court orders the issue of the opportune counter-warrant
on the grounds herein mentioned.
Grounds:-
Advocate 
Legal Procurator
This,                day of       20 
Filed by
( Registrar’s signature )
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             281
No. 19
Counter-Warrant.
REPUBLIC OF MALTA
COURT WARRANT
To                                                                  Marshal of the Courts
WHEREAS, after the execution of the warrant referred to in the
above application, there are grounds according to law for which the
same warrant should not remain in force;
You are, therefore, ordered immediately to cause the effects of
the aforesaid warrant to be stayed by serving copies hereof on all
persons served with the preceding warrant.
And after execution, or upon your meeting with any obstacle in
the execution hereof, you shall forthwith report to this Court.
Given by the ( name of Court )
and witnessed by                                                  Doctor of Laws, 
of the said Court.
This,              day of                      20 
10 cents
  282        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Added by: 
L.N. 190 of 1995;
Amended by:
L.N. 153 of 1996.
No.20
Warrant of Description.
In ( here insert name of Court )
(Applicant)  ......................................
......................................
versus
(Respondent) ......................................
........................................
Application of
Respectfully sheweth and confirms on oath - 
That the applicant seeks to safeguard against the respondent over
the hereunder mentioned movable things for the exercise of which
rights he has an interest that such movable things remain in their
actual place and condition;
Wherefore, the applicant respectfully requests that this Court
orders the issue of a warrant of description of ( here insert the
movable things to be described and the place where situated ).
Advocate 
Legal Procurator
This,             day of                  20 
Confirmed on oath before me, after I have read to him the
contents, and in the presence of                              witness to
identity, and filed by
( Registrar’s Signature )
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             283
No. 20
Warrant of Description.
REPUBLIC OF MALTA
COURT WARRANT
To                                                                    Marshal of the Courts
WHEREAS the attached application has been filed and it
contains the elements required according to law for the issue of the
orders herein contained;
You are, therefore, on the said application, hereby ordered to
proceed to the place mentioned in the application and that, by
delivering a copy of this warrant to the said respondent, you shall
describe all the movable things in detail stating the number and
quality thereof;
You are further ordered to enjoin the respondent to continue to
keep in his custody the movable property so described and to warn
him that he is responsible for their safe keeping, under the penalties
established for contempt of Court;
And, after execution, or upon meeting any obstacle in the
execution hereof, you shall forthwith report to the Court.
Given by the ( name of Court )
and witnessed by                                                  Doctor of Laws,
 of this Court.
This,          day of                    20 
10 cents
  284        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Added by: 
L.N. 190 of 1995.
Amended by:
L.N. 153 of 1996.
No. 21
Warrant of Prohibitory Injunction. 
In ( here insert the name of Court )
(Applicant)  ......................................
......................................
versus
(Respondent) ......................................
........................................
Application of
Respectfully sheweth and confirms on oath:
That the applicant has an interest that his rights be secured;
That the applicant, in order to secure his rights, desires to
restrain respondent from ( here insert the acts to be restrained )
That the applicant would be prejudiced if respondent is not so
restrained;
Wherefore, the applicant respectfully requests that this Court
orders the issue of a warrant of prohibitory injunction restraining
him from the acts above-mentioned.
Advocate 
Legal Procurator
This,             day of               20 
Confirmed on oath before me, after I have read to him the
contents, and in the presence of                            witness to identity,
and filed by
( Registrar’s signature )
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             285
No. 21
Warrant of Prohibitory Injunction.
REPUBLIC OF MALTA
COURT WARRANT
To                                                                    Marshal of the Courts
WHEREAS the attached application has been filed and it
contains the elements required according to law for the issue of the
orders herein contained;
You are, therefore, on the said application, hereby ordered that,
by delivering a copy of this warrant to the said respondent, you
shall restrain the respondent from carrying out those things
mentioned in the said application which are prejudicial to the
applicant, under the penalties established for contempt of Court;
And, after execution, or upon meeting any obstacle in the
execution hereof, you shall forthwith report to the Court.
Given by the ( name of Court )
and witnessed by                                                  Doctor of Laws,
 of this Court.
This,          day of               20 
10 cents
  286        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Added by: 
L.N. 190 of 1995.
Amended by:
L.N. 153 of 1996.
No. 22
Warrant of Prohibitory 
Injunction in cases of personal
separation restraining the other
spouse. 
In ( here insert name of Court )
(Applicant)  ......................................
......................................
versus
(Respondent) ......................................
........................................
Application of
Respectfully sheweth and confirms on oath: - 
That the applicant ( here insert "has brought" or "intends to
bring" ) before the court of contentious jurisdiction a suit for
personal separation;
That in order to secure his rights the applicant desires the court
to issue a warrant of prohibitory injunction against the respondent: 
( a ) restraining the said respondent from selling,
alienating, transferring or disposing  inter vivos
whether by onerous or gratuitous title any
shareholding in any commercial partnership if such
shareholding is comprised in the community of
acquests, and in particular ( here insert particulars of
the commercial partnership/s ); and 
( b ) restraining the respondent from contracting any debt
or suretyship which is a charge on the community of
acquests; Wherefore, the applicant respectfully
requests that this Court orders the issue of the relative
warrant of prohibitory injunction against the
respondent. 
Advocate 
Legal Procurator
This,        day of            20 
Confirmed on oath before me, after I have read to him the
contents, and in the presence of                         witness to identity,
and filed by
( Registrar’s signature )
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             287
No. 22
Warrant of Prohibitory 
Injunction in cases of personal 
separation restraining the other spouse.
REPUBLIC OF MALTA
COURT WARRANT
To                                                                    Marshal of the Courts
WHEREAS the attached application has been filed and it
contains the elements required according to law for the issue of the
orders herein contained;
You are, therefore, on the said application, hereby ordered that,
by delivering a copy of this warrant to respondent, you shall
restrain such respondent from selling, alienating, transferring or
disposing  inter vivos  by onerous or gratuitous title any
shareholding in any commercial partnership if such shareholding is
comprised in the community of acquests, and from contracting any
debt or suretyship which is a charge on the community of acquests;
You are enjoined to notify the respondent that this warrant does
not apply to the constitution of any right on, or alienation or
transfer of, any property made pursuant to a court order;
You are further ordered to execute this warrant forthwith and to
restrain the respondent from carrying out those things mentioned in
the said application which are prejudicial to the applicant, under
the penalties established for contempt of Court;
And, after execution, or upon meeting any obstacle in the
execution hereof, you shall forthwith report to the Court.
Given by the name ( name of Court )
and witnessed by                                               Doctor of Laws,
 of this Court.
This,              day of                 20 
10 cents
  288        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Added by: 
L.N. 190 of 1995.
Amended by:
L.N. 153 of 1996.
No. 23
Warrant of Prohibitory 
Injunction in cases of
personal separation restraining
a commercial partnership.
In ( here insert name of Court )
(Applicant)  ......................................
......................................
versus
(Respondent) ......................................
........................................
Application of
Respectfully sheweth and confirms on oath:
That the applicant ( insert here "has brought" or "intends to
bring" ) before the court of contentious jurisdiction a suit for
personal separation;
That the respondent has a majority shareholding, pertaining to
the community of acquests in the commercial partnership/s ( here
insert particulars of the commercial partnership/s );
That in order to secure his rights, the applicant desires the Court
to issue against the said commercial partnership/s a warrant of
prohibitory injunction restraining it/them from selling, alienating,
transferring or otherwise disposing by onerous or gratuitous title,
any immovable property or rights annexed thereto owned by the
commercial partnership/s, and in particular ( here insert particulars
of immovables as required by the Public Registry Act )
Wherefore, the applicant respectfully requests that this Court
orders the issue of a warrant of prohibitory injunction against the
said commercial partnership/s.
Advocate 
Legal Procurator
This,                    day of            20 
Confirmed on oath before me, after I have read to him the
contents, and in the presence of              witness to identity, and
filed by
( Registrar’s signature )
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             289
No. 23
Warrant of Prohibitory
Injunction in cases of personal
separation restraining a 
commercial partnership.
REPUBLIC OF MALTA
COURT WARRANT
To                                                                    Marshal of the Courts
WHEREAS the attached application has been filed and it
contains the elements required according to law for the issue of the
orders herein contained;
You are, therefore, in the said application, hereby ordered that,
by delivering a copy of this warrant to ( here insert particulars of
the commercial partnership/s ), you shall restrain the said
commercial partnership/s from selling, alienating, transferring or
otherwise disposing by onerous or gratuitous title, any immovable
property or rights annexed thereto owned by the said commercial
partnership/s;
You are enjoined to notify the respondent that this warrant does
not apply to the constitution of any right on, or alienation or
transfer of any property made pursuant to a court order;
You are further ordered to execute this warrant forthwith and to
restrain the said commercial partnership/s from carrying out those
things mentioned in the said application which are prejudicial to
the applicant, under the penalties established for contempt of
Court;
And, after execution, or upon meeting any obstacle in the
execution hereof, you shall forthwith report to the Court.
Given by the ( name of Court )
and witnessed by                                                   Doctor of Laws,
 of this Court
This,                 day of           20 
10 cents
  290        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Added by:
L.N. 190 of 1995.
Amended by:
L.N. 153 of 1996.
No. 24
Warrant of Prohibitory 
Injunction restraining a
person from taking a minor 
outside Malta.
In ( here insert name of Court )
(Applicant)  ......................................
......................................
versus
(Respondent) ......................................
........................................
Application of
Respectfully sheweth and confirms on oath: - 
That the applicant has an interest that the minor, hereinafter
indicated, be not taken outside Malta;
That the respondent/s is/are the persons having, or who might
have, the legal or actual custody of the said minor;
Wherefore, the applicant respectfully requests that this Court
orders the issue of a warrant of prohibitory injunction against the
respondent/s enjoining him/them not to take, or allow anybody to
take, the said minor out of Malta;
Particulars of the minor: ( here insert the name and surname of
the minor and any other particulars, including the date and place
of birth and the names of the parents for establishing the identity of
the minor )
Advocate 
Legal Procurator
This,           day of                  20 
Confirmed on oath before me, after I have read to him the
contents, and in the presence of                 witness to identity, and
filed by
( Registrar’s signature )
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             291
No. 24
Warrant of Prohibitory 
Injunction restraining a 
person from taking a minor 
outside Malta.
REPUBLIC OF MALTA
COURT WARRANT
To                                                                    Marshal of the Courts
WHEREAS the attached application has been filed and it
contains the elements required according to law for the issue of the
orders herein contained;
You are, therefore, on the said application, hereby ordered that,
by delivery a copy of this warrant to the respondent/s, you shall
restrain the respondent/s not to take, or allow anyone to take, the
said minor out of Malta, under the penalties for contempt of Court;
You are further ordered to enjoin, by the delivery of a copy
hereof, the officer entrusted with the delivery of passports not to
issue or deliver any passport in respect of the said minor and not to
include the name of the minor in the passport of the minor’s legal
representatives or in the passport of any other person, and, if before
the service of this warrant on the officer charged with the issue of
passports, a passport in respect of the minor has already been
issued or the name of the minor has already been included in the
passport of another person, to enjoin such officer to take the
necessary steps to withdraw the passport in respect of the minor,
and of any other passport which includes the name of the minor,
and to delete the name of the minor from such passport, under the
said penalty, and to enjoin, by delivery of another copy hereof, the
Commissioner of Police not allow the said minor to leave Malta,
under the said penalty;
Lastly, you are notified that this warrant shall, in default of
further orders of this Court, cease to have effect in one year’s time
from this day;
And, after execution, or upon meeting any obstacle in the
execution hereof, you shall forthwith report to the Court.
Given by the ( name of Court ) 
and witnessed by                                                     Doctor of Laws,
 of this Court.
This,              day of             20 
10 cents
  292        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Added by:
 L.N. 190 of 1995.
Amended by:
L.N. 153 of 1996.
No. 25
Warrant of Prohibitory 
Injunction (claim exceeding 
Lm4,000).
In ( here insert name of Court )
(Applicant)  ......................................
......................................
versus
(Respondent) ......................................
........................................
Application of
Respectfully sheweth and confirms on oath:- 
That the applicant, in order to secure his credit mentioned
against the respondent, respectfully requests that this Court orders
the issue of a warrant of prohibitory injunction against respondent
restraining him from selling, alienating, transferring or disposing
inter vivos  whether by onerous or gratuitous title any property and
in particular ( here insert particulars of immovables as required by
the Public Registry Act )
Wherefore, the applicant respectfully requests that this Court
orders the issue of the relative warrant of prohibitory injunction
against the respondent.
Credit: 
Title: 
Advocate 
Legal Procurator
This,           day of               20 
Confirmed on oath before me, after I have read to him the
contents, and in the presence of                    witness to identity, and
filed by 
( Registrar’s signature )
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             293
No. 25
Warrant of Prohibitory 
Injunction (claim exceeding 
Lm4,000).
REPUBLIC OF MALTA
COURT WARRANT 
To                                                                    Marshal of the Courts
WHEREAS the attached application has been filed and it
contains the elements required according to law for the issue of the
orders herein contained;
You are, therefore, on the said application, hereby ordered that,
by delivering a copy of this warrant to the respondent, you shall
restrain such respondent from selling, alienating, transferring or
disposing  inter vivos  by onerous or gratuitous title any property;
You are enjoined to notify the respondent that this warrant does
not apply to the constitution of any right on, or alienation or
transfer of any property made pursuant to a court order;
You are further ordered to execute this warrant forthwith and to
restrain the respondent from carrying out those things mentioned in
the said application which are prejudicial to the applicant, under
the penalties established for contempt of Court;
And, after execution, or upon meeting any obstacle in the
execution thereof, you shall forthwith report to the Court.
Given by the ( name of Court )
and witnessed by                                                   Doctor of Laws, 
of this Court.
This,           day of             20 
10 cents
  294        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Added by:
L.N. 122 of 1996.
Amended by:
L.N. 153 of 1996.
No.26
Court order to perform 
the function of Judicial Assistant.
REPUBLIC OF MALTA
To Doctor of Laws ................................. Judicial Assistant.
Whereas it is required that in a cause before the ( insert name of
Court ) .................................. Summons No  ...............................
between plaintiff  ..............................................
and defendant ...............................................
it is necessary to appoint a Judicial Assistant therein and in
particular to:
* ( a )  ascertain and establish the issues of fact or of law involved
in the cause, as well as the issues of fact or of law on which the
parties agree, and to endeavour to induce the parties to reach an
agreement on the issues involved in the cause, and to make a report
thereof to the said Court;
* ( b ) take the testimony of any person that is produced as a
witness;
* ( c )  take any affidavit on any matter;
* ( d ) receive documents produced with any testimony, affidavit
or declaration, including in particular a testimony, affidavit or
declaration as is referred to in the Code of Organization and Civil
Procedure;
*( e ) .............................................................................
  ..................................................................................
You are, therefore, hereby ordered that in terms of the
provisions of article 97A of the Code of Organization and Civil
Procedure, you will perform the functions of Judicial Assistant in
the aforementioned cause with all the powers given to you by law,
and in such manner that a first sitting should be held on the
................ day of ........................ 20 ....... at ........  a.m/p.m. at
.................... and that you will thereafter file before this Court your
report and the evidence received, if any, by not later than the date
of the first sitting before this same Court.
..................................
Judge of the said Court
This ............................ day  of   .......................  20    
10 cents
*Strike out where not applicable
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             295
Added by:
L.N. 122 of 1996.
Amended by:
L.N. 153 of 1996.
No. 27
Notice of hearing of
proceedings/evidence
before a Judicial Assistant.
REPUBLIC OF MALTA
To .................................................               Marshall of the Courts.
Whereas in a cause before the ( insert name of Court )
......................... Summons No ..................... 
between  plaintiff .....................................................................
and defendant  ..........................................................................
the Court has appointed Doctor of Laws................................
to perform the functions of a Judicial Assistant therein and in particular
to:
* ( a )   ascertain and establish the issues of fact or of law involved in
the cause, as well as the issues of fact or of law on which the parties
agree, and to endeavour to induce the parties to reach an agreement on
the issues involved in the cause, and to make a report thereof to the said
Court;
*( b ) take the testimony of any person that is produced as a witness;
* ( c ) take any affidavit on any matter;
* ( d ) receive documents produced with any testimony, affidavit or
declaration, including in particular a testimony, affidavit or declaration
as is referred to in the Code of Organization and Civil Procedure;
*( e )  .. .............................................................................
       ....................................................................................
And whereas the said Court has appointed the ....................
day of ............................20  ....... at ..................a.m/p.m.
for the hearing of proceedings/evidence at .................................
before the above stated Judicial Assistant;
Wherefore you are ordered that by the delivery of a copy hereof
both to the aforesaid plaintiff and defendant or their agent, according to
law, you summon them to appear on the day and at the place and time
aforesaid before the above stated Judicial Assistant, on which day the
proceedings/evidence will be heard and a report thereon made to the
Court.
You are further ordered to warn in the same manner the aforesaid
plaintiff and defendant that, should they fail to appear on the day, at the
place and time aforesaid, or on any subsequent day as may be
determined by the said Judicial Assistant, a report thereof shall be made
to the said court which shall take such action thereon according to law.
And after execution, or upon your meeting with any obstacle in the
said service, you shall report forthwith to the above mentioned Judicial
Assistant.
............................
Doctor of Laws
Judicial Assistant
of the said Court.
This .................................................  day of .....................   20 ......  
10 cents
*Strike out where not applicable
  296        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Added by:
L.N. 122 of 1996.
Amended by:
L.N. 153 of 1996.
No. 28
A Summons Order
given by a
Judicial Assistant.
REPUBLIC OF MALTA
In ( here insert name of Court )
Summons No...............................
pending  e 
....................................................
a Judicial Assistant, in the cause:
...................................................
...................................................
vs.
...................................................
...................................................
To the witness: ...........................................................
Address: ....................................................................
By virtue of the powers given to me by sub-article (4) of article
97A of the Code of Organization and Civil Procedure, you are
hereby being ordered to appear before me on the day and at the
place and time hereunder mentioned to give evidence in the
aforementioned cause:
Date and time:  .............................................................
Place where to attend: ...................................................
Documents to be produced: ............................................
You are hereby warned that should you fail to appear on the day
and at the time and place hereabove mentioned, you may be liable
to the penalties established for contempt of court, and you may be
compelled to appear before me by an order of escort or of arrest,
and you shall be liable to all the other consequences to which,
according to the Code of Organization and Civil Procedure, you
may be liable for such disobedience.
.................................
Doctor of Laws
Judicial Assistant
of the said Court
This .............................day of ....................   20 ....   
10 cents
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             297
Added by:
L.N. 122 of 1996.
Amended by:
L.N. 153 of 1996.
No. 29
A Subpoena order
Ad Testificandum  and
Duces Tecum  before a
Judicial Assistant.
In ( here insert name of Court )
Summons No...............................
pending  e 
....................................................
a Judicial Assistant, in the cause:
...................................................
...................................................
vs.
...................................................
...................................................
Application of.................................................................................
Respectfully requests the issue of a subpoena order in the above
stated cause against the person mentioned hereunder to attend for
the sitting and at the time stated hereunder, and to bring with him
the documents hereunder mentioned:
Person summoned to attend as witness: ........................................
Address:.......................................................................................
Date, time and place where witness is to attend:  .........................
Documents to be brought by witness:...........................................
Advocate: .................................................................................. 
Legal Procurator:  .......................................................................
This ............................................. day  of .................. 20 ......            
Filed by............................................................................
( Registrar's signature )
10 cents
  298        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
REPUBLIC OF MALTA
AN ORDER MADE BY THE JUDICIAL ASSISTANT
To the witness/witnesses whose name/s appear/s in the application
By virtue of the powers given to me by sub-article (4) of article
97A of the Code of Organization and Civil Procedure, I am hereby
ordering each person whose name appears as a witness in the
application to appear before me on the day and at the place and
time mentioned therein to give evidence in the cause mentioned
therein. 
Each witness is hereby being warned that should he fail to
appear on the day and at the time and place mentioned therein, he
may be compelled to appear before me by an order of escort or of
arrest, and he shall be liable to all the other consequences to which,
according to the Code of Organization and Civil Procedure, he may
be liable for such disobedience.
....................................
Doctor of Laws
Judicial Assistant
This ............................................. day  of ................... 20 ......    
                                               
10 cents
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             299
Added by:
L.N. 122 of 1996.
Amended by:
L.N. 153 of 1996.
No. 30
Escort Order issued by
a Judicial Assistant against
a person failing to attend
on subpoena.
REPUBLIC OF MALTA
AN ORDER MADE BY A JUDICIAL ASSISTANT
In ( here   insert name of Court )
Summons No...............................
pending  e 
....................................................
a Judicial Assistant, in the cause:
...................................................
...................................................
vs.
...................................................
...................................................
To  Marshal of the Courts.
Whereas it had been ordered by me on the ..............................
that ........................................................ should attend before me
as a witness on the day and at the place mentioned in the order;
And whereas the same person has failed to attend as ordered;
Wherefore, after having seen the provisions of sub-article (4) of
article 97A of the Code of Organization and Civil Procedure, I am
hereby ordering you to bring before me the said person, and to keep
him/her until he/she shall give his/her evidence, at the place and
time mentioned hereunder, or until I shall give you another order.
Date and time: .................................................................... 
Place where witness is to attend: ...........................................
...........................................................................................
Documents to be brought by witness ......................................
...........................................................................................
.....................................
Doctor of Laws
Judicial Assistant
This  .....................................  day of  ............. 20 .........   
Address of witness: .........................................................
10 cents
  300        CAP. 12. ]               CODE OF ORGANIZATION AND CIVIL PROCEDURE
Added by:
L.N. 383 of 2003.
Form No. 31
Notice No.: ............
Issue:  This ...........................
Service:  Filled by: .....................
Copy:
Registrar
COURT OF MAGISTRATES (MALTA)
COURT OF MAGISTRATES (GOZO)
--
NOTICE
You are hereby requested to appear before the above-mentioned
Court on
at  in order to answer why
and to state why you should not be condemned
and, should you fail to appear on the date and at the time above-
mentioned, the Court shall decide the case in terms of law.
Issued on ......................
Registrar
 CODE OF ORGANIZATION AND CIVIL PROCEDURE        [ CAP. 12.             301
Added by: 
XXIV. 1995.359.
SCHEDULE C
[A R T I C L E  249] 
 (1) ..........................................................................Bank Ltd.
stands surety  in solidum  with appellant (2)...................................
for the costs of the appeal entered in the case (3)
........................................ up to the amount of (4)..........................
liri (Lm ....... ) and this for the purpose and in terms of article 249
of the Code of Organization and Civil Procedure, Cap. 12.
This suretyship shall remain in force up to six months from the
date on which the said appeal is decided, withdrawn or deemed
deserted and consequently it will lapse if no written demand arising
from this suretyship is made within the said period of six months.
Before effecting any payment under this suretyship, the Bank
may require the production of the Registrar’s declaration stating
the date on which the appeal has been decided, withdrawn or
deserted as well as of the necessary documentation in support of the
claim for payment.
Today the                  day of           20 
(5) ...........................
for               Bank Ltd.
(1) Name of Bank
(2) Details of application 
(3) Details of appealed case 
(4) Amount of surety
(5) Signatory of Bank
