                                 WITNESSES (FEES)                       [ CAP. 108.           1
CHAPTER 108 
WITNESSES (FEES) ORDINANCE
To repeal and re-enact with amendments the law relating to the fees of
witnesses in court.
(27th December, 1940) *
Enacted by ORDINANCE XXXVI of 1940, as amended by Legal Notices:
46 of 1965, 148 of 1975; and Acts: XXII of 1976, VIII of 1990, and XXIV of
1995.
Short title.
Ordinance.
Interpretation. 
Amended by: 
L.N. 46 of 1965; 
L.N. 148 of 1975; 
XXII.1976.4; 
VIII.1990.3,; 
XXIV.1995.360.
2. In this Ordinance - 
"court" means any court of competent jurisdiction and includes
any Board appointed under any law and any person authorized by
such court or Board to receive evidence;
"prescribed" means prescribed under this Ordinance;
"superior court" includes the Constitutional Court, the Civil
Court (First Hall and Second Hall), the Court of Appeal, the
Criminal Court, the Court of Criminal Appeal, the Court of
Magistrates (Gozo) exercising its superior jurisdiction, and also
any person authorized by any such court to receive evidence;
Cap.12.
"witness" means any person who is subpoenaed or requested by a
party in a matter pending before any court for the purpose of being
examined or of producing any document but does not include an  ex
parte  witness   in terms of sections 563A and 563B of the Code of
Organisation and Civil Procedure.
Right of witness to 
fees.  
Amended by: 
L.N. 148 of 1975.
3. Witnesses shall be entitled to the fees prescribed in
Schedule A to this Ordinance for attendance before a superior court
and to the fees prescribed in Schedule B for attendance before any
other court:
  Provided that no person employed in the service of the
Government of Malta shall be entitled to any fee when called to
give evidence by the Government.
Right of witness to 
travelling 
expenses.
4. Witnesses shall be entitled to travelling expenses for going
to and returning from the place where they are to give evidence:
  Provided that a witness shall not be entitled to other travelling
expenses than those actually incurred by him in travelling by the
cheapest means of conveyance.
Right of witness to 
expenses for board 
and lodging.
5. Witnesses residing in Malta whose attendance is required
before a court in Gozo and witnesses residing in Gozo whose
attendance is required before a court in Malta shall also be entitled
to expenses for board and lodging actually incurred by them in
staying in Gozo or in Malta as the case may be. Such expenses shall
* See  Government Notice No. 621 of the 27th December, 1940.
  2      CAP. 108. ]               WITNESSES (FEES)
not exceed the limits laid down in Schedule C to this Ordinance.
Fees and expenses 
due for each day of 
attendance in 
court.
6. The prescribed fees and expenses shall be due for each day
the witness attends at the court:
  Provided that a witness who, having been dismissed by the
court, has withdrawn from the court and is on the same day recalled
to give evidence, shall be considered as a fresh witness and shall be
entitled to receive the prescribed fees and expenses.
Witness to give 
notice of 
attendance when 
not subpoenaed.
7. A witness who, not having been previously subpoenaed,
attends at the court at the request of a party in a matter pending
before any court, but for any reason whatsoever does not give
evidence, shall not be entitled to the prescribed fees and expenses
unless, at the end of each sitting attended by him, he gives notice of
such request and attendance to the deputy registrar or to the person
authorized to receive evidence who shall keep a note thereof in the
record of the proceedings.
No fees due if 
witness is present 
in court.
8. (1) No person shall be entitled to the prescribed fees and
expenses if, not having been previously subpoenaed or requested
by a party in a matter pending before any court to attend at the
court to give evidence, he is, at the time he is called to give
evidence, at the place in which the court is sitting.
(2) The provisions of subsection (1) of this section shall not
apply if the witness is kept after giving evidence so that he may
again be called to give evidence.
Power of court to 
order deposit to 
cover fees and 
expenses.
9. In granting an application for the issue of a subpoena of a
witness, the court may order the applicant to make a sufficient
deposit to cover the fees and expenses due to the witness and if
such order has been made the witness may refuse to give evidence
till the deposit is made.
Issue of taxed bill 
by the registrar and 
right of interested 
person to appeal.
10. (1) At the request of any interested person, the registrar of
the court under whose jurisdiction the witness gave evidence, shall
issue a taxed bill of the prescribed fees and expenses due to the
witness.
(2) It shall be lawful for the registrar before issuing the taxed
bill mentioned in subsection (1) of this section to administer the
oath to any person for the purpose of establishing any circumstance
necessary for fixing the fees and expenses.
(3) A witness entitled to the prescribed fees and expenses or
any person who is bound to pay such fees and expenses may appeal
against the taxation of the registrar.
(4) Such appeal shall be entered by application before the court
under whose jurisdiction the witness gave evidence within the
period of eight days which shall run- 
( a ) in regard to those who have demanded the taxed bill,
from the day on which such taxed bill was issued; and
( b ) in regard to the debtor duly served with such taxed bill
by a judicial act, from the day of such service.
                                 WITNESSES (FEES)                       [ CAP. 108.           3
Minister may 
amend, substitute 
or make additions 
to the Schedules. 
Added by: 
XXIV.1995.360.
11. The Minister responsible for justice may by regulations
amend, substitute or make additions to the Schedules to this
Ordinance.
SCHEDULE A
[SECTION 3]
The following fees shall be allowed to witnesses
before a superior court:
( a ) Ecclesiastics, members of the legal and
medical professions, civil engineers,
professors of the University, members of
the Higher Division of the Civil Service,
first grade Secondary School teachers,
military officers, merchants, manufacturers,
Police officers above the rank of Inspector,
merchant navy captains and chief engineers
and other persons of equal rank .................. 30c
( b ) Commission agents, brokers, merchant
navy officers below the rank of captain or
chief engineer, Elementary School
headmasters, Secondary School teachers
below the first grade, Police officers below
the rank of Superintendent and other
persons of equal
rank........................................................... 25c 
( c ) Tradesmen, shopkeepers, inn-keepers,
commercial travellers, Elementary School
teachers, auctioneers, photographers,
mechanics, Warrant and Non-
commissioned officers in the Armed Forces
of Malta and in the Police Force and other
persons of equal rank .................................  20c 
( d ) Labourers, farmers, Police constables,
soldiers, shop assistants and other
workmen...................................................  15c
( e ) Male witnesses under 18 years of age and
female witnesses, whatever their age,
unless engaged in a profession or business ..  10c
( f ) Witnesses called to give evidence on
scientific matters ........................................ 50c
( g ) For each hour or part of an hour that a
witness is kept to give evidence before a
superior court after 1 p.m., the following
additional fees shall be due:
 (i) to witnesses mentioned in   ( a ), ( b ) and ( f )   5c
(ii) to other witnesses ..................................   2c5
  4      CAP. 108. ]               WITNESSES (FEES)
SCHEDULE B
[SECTION 3]
1. Witnesses who attend at a court other than
a superior court shall be entitled to a fee of ............... 2c5
2. Witness kept after 12 noon shall be entitled
to an additional fee of ............................................... 2c5
3. Witnesses called to give evidence on
scientific matters shall be entitled to the fees
specified in ( f ) in Schedule A.
SCHEDULE C
[SECTION 5]
The following expenses for board and lodging shall be allowed
in terms of section 5 for each day a witness attends at any court:
In Malta In Gozo
1. To witnesses mentioned in ( a ) and ( b )
in Schedule A ....................................
50c 30c
2. To witnesses mentioned in ( c ) in
Schedule A ........................................
40c 30c
3. To witnesses mentioned in ( d ) in
Schedule A ........................................
25c 20c
4. Married women and widows shall be entitled to expenses
according to the status of their husbands or late husbands.
5. Unmarried women shall be allowed expenses according to
the status of their parents
6. Witnesses under 18 years of age shall be allowed two-thirds
of the amount prescribed in paragraphs 1, 2 and 3 of this
Schedule according to the status of their parents.
