COURT PRACTICE AND PROCEDURE ġ S.L.12.09 1
SUBSIDIARY LEGISLATION 12.09
COURT PRACTICE AND PROCEDURE RULES
15th April, 1993
LEGAL NOTICE 35 of 1993, as amended by Legal Notices 42 of 1993
and 129 of 2000.
Title. 
Rules.
Proceedings before 
the Civil Court, 
First Hall, and 
Constitutional 
Court to be by 
application.
2. Proceedings before the Civil Court First Hall under article
46(1) of the Constitution of Malta and proceedings before the
Constitutional Court in cases referred to in article 95(2) of the
Constitution of Malta shall be instituted by application.
Contents of 
application under 
articles 46 and 95 
of the Constitution.
Amended by:
L.N. 42 of 1993.
3. (1) An application before the Civil Court First Hall shall
state concisely and clearly the facts out of which the complaint
arises and shall indicate the provision or provisions of the
Constitution alleged to have been, to be or likely to be contravened.
(2) The application shall also specify the redress sought by the
applicant:
Provided that it shall be lawful for the court, if the
application is allowed, to give any other redress within its
jurisdiction which it may consider to be more appropriate.
(3) In cases referred to in article 95(2)( a ) of the Constitution of
Malta, the application before the Constitutional Court shall state
clearly and concisely the circumstances out of which the question
arises, the demand and the provision or provisions of the
Constitution or of any other law on which the applicant relies.
(4) In cases referred to in article 95(2)( c ), ( d ), ( e ) and ( f ) of the
Constitution of Malta, the application shall state clearly and
concisely the circumstances out of which the appeal arises, the
reasons of appeal and the prayer for the reversal or a specific
variation of the decision appealed from.
(5) Default of compliance in the application with the
requirements of sub-rules (1), (2), (3) and (4) of this rule shall not
render the application null; but the court may, in any such case,
order the applicant to file, within such time as the court shall fix, a
note containing the particulars required and the costs of such order
shall be borne by the applicant.
Proceedings on 
appeal.
Amended by:
L.N. 42 of 1993.
4. (1) In the cases referred to the Civil Court First Hall as
provided in sub-article (1) of article 46 or in the cases referred to in
article 95(2)( c ), ( d ), ( e ) and ( f ) of the Constitution of Malta, the
application shall be served on the defendant or the respondent
without delay and the court shall fix a date for hearing within eight
working days from the date of the filing of the application, or from
the filing of a reply by respondent within the time limit therefor, or
if no such reply is filed from the expiry of such time.
2 ġ S.L.12.09 COURT PRACTICE AND PROCEDURE
(2) The application of appeal shall be made within eight
working days from the date of the decision appealed from, and the
respondent may file a written reply within six working days from
the date of service.
(3) The court by which a decision is given, subject to appeal to
the Constitutional Court, may in urgent cases upon demand, even
verbal, by any of the parties immediately upon delivery of such
decision, abridge the time for making the appeal or for the filing of
a reply.
If no such demand is made by any of the parties
immediately upon the delivery of the judgement, any one of the
parties may make such a demand by application, upon which, the
court which gave the decision shall, after summarily hearing the
parties if it thinks necessary, give the requisite order.
Reference of 
questions.
Amended by:
L.N. 42 of 1993.
5. (1) In the cases referred to in article 46(3) and in article
95(2)( b ) of the Constitution of Malta, the order of reference shall
state concisely and clearly the facts and the circumstances out of
which the question arises, the terms of such question and indicate
the provision or provisions of the Constitution allegedly
contravened.
(2) When any such reference has been made, it shall be the duty
of the Registrar to ensure that the record of the proceedings is
brought before the court to which the reference is made without any
delay and with urgency.
(3) The court to which the reference has been made shall, upon
any such reference, set down the cause for hearing at an early date,
in no case later than eight working days from the date on which the
record is brought before it and shall cause notice of such date to be
given to the parties.
Expeditious 
hearing and 
disposal of 
hearing.
6. Once a case has been set down for hearing the court shall
ensure that, consistently with the due and proper administration of
justice, the hearing and disposal of the case shall be expeditious,
and the hearing of the cause shall continue to be heard on
consecutive days, and, where this is not possible, on dates close to
one another.
Application of 
Code of 
Organization and 
Civil Procedure.
7. Saving what is provided for in these Rules, the court
practice and procedures shall  mutatis mutandis  apply before the
Civil Court First Hall and the Constitutional Court referred to in
rule 2 aforementioned.
Urgent causes to be 
heard in the 
afternoons where 
necessary.
Cap. 319.
8. (1) Causes made under the Constitution and under the
European Convention Act, as well as those causes that are to be
heard with urgency shall be set down for hearing in the afternoon
wherever this is necessary so as not to disrupt the pre-planned work
schedule of the court, and shall continue to be so heard on
consecutive days until the hearing of the cause is closed, and the
cause is adjourned for judgment.
(2) However, the court may not appoint for hearing between the
1st of July and the 30th of September of each year proceedings
referred to in rule 2 of these Rules when these are commenced
COURT PRACTICE AND PROCEDURE ġ S.L.12.09 3
within the period if, in the opinion of the court, such proceedings of
their very nature need not be dealt with any particular haste and
none of the parties will suffer any prejudice if the hearing takes
place in the month of October.
Proceedings and 
registration of 
decisions under the 
Child Abduction 
and Custody Act.
Added by:
L.N. 129 of 2000.
Cap. 410.
8A. (1) Proceedings under article 6 of the Child Abduction and
Custody Act, before the First Hall of the Civil Court or any other
Court which the Minister responsible for justice may by order
designate for the purposes of the Act, may be instituted by
application. 
(2) For the purposes of article 6 of the Act, the application
shall state the facts clearly and concisely and shall be accompanied
by a duly authenticated copy of the decision or determination
delivered in another Contracting State other than Malta of the
Convention on the Civil Aspects of International Child Abduction,
which was signed at the Hague on the 25th October, 1980. 
(3) In any application filed in the Court of Appeal, the
application shall state clearly and concisely the circumstances out
of which the appeal arises, the reasons of appeal and the prayer for
the reversal or a specific variation of the decision appealed from. 
(4) Default of compliance in the application with the
requirements of sub-rules (2) and (3) shall not render the
application null; but the Court may, in any such case, order the
applicant to file, within such time as the Court shall fix, a note
containing the particulars required, and the costs of such order shall
be borne by the applicant. 
(5) The First Hall of the Civil Court or such court by order
designated by the Minister responsible for justice shall set the case
for hearing within four working days from the day when the
application is filed in Court. 
(6) The application shall be served on the respondent without
delay. 
(7) Once a case has been set down for hearing, the Court
seized of the matter shall ensure that the hearing of the case shall
be expeditious, and the hearing of the case shall continue to be
heard on consecutive days, and where this is not possible on dates
close to one another. The Court shall subsequently give its decision
without any delay. 
(8) Any application for appeal shall be made within eight
working days from the date of the filing of the decision and the
respondent may file a written reply within six working days from
the date of service or within such shorter period as the Court may
determine. 
(9) The Court of Appeal shall fix a date for hearing within
eight working days from the date of the filing of the application, or
from the filing of a reply by the respondent within the time limit
therefor, or if no such reply is filed from the expiry of such time. 
(10) The Court of Appeal shall give a final decision without any
delay. 
4 ġ S.L.12.09 COURT PRACTICE AND PROCEDURE
Registration of 
custody decisions.
(11) An application for the registration of a custody decision
made by any authority in a Contracting State, other than Malta, of
the European Convention on Recognition and Enforcement of
Decisions concerning Custody of Children and on the Restoration
of Custody of Children signed in Luxembourg on the 20th May,
1980, shall be made in the Registry of the Court of Appeal and
shall be accompanied by an authentic copy of the decision. 
(12) The application shall include any other relevant documents
and the names and addresses of the persons who have to be notified
about the filing of the application. 
(13) ( a ) The Court of Appeal may by order give directions to
ensure the disclosure of any information about any
child who is the subject of proceedings under Part II of
the Act and to safeguard his or her welfare. 
( b ) Upon registration of a custody decision, the Registrar
of the Court of Appeal shall notify the Director
responsible for Welfare and such other person as the
Court may deem necessary of such registration and
date thereof. 
(14) Where any registration of a decision as provided for in
article 19 (1) and (2) of the Act is cancelled or varied, the Court of
Appeal shall notify such cancellation to the persons who had been
notified of the registration of the decision, the Director responsible
for Welfare and such other person as the Court may deem
necessary. 
Cap. 410.
(15) For the purpose of this rule and unless the context
otherwise requires, "Act" means the Child Abduction and Custody
Act. 
Causes to be heard, 
etc., in 
chronological 
order.
Cap. 12.
9. In making the list referred to in article 194 of the Code of
Organization and Civil Procedure, the Registrar shall act in
accordance with such instructions as may be given to him by the
court, which shall ensure that, as far as possible, causes shall be
heard and decided in the chronological order of the date of filing of
the act with which the cause was introduced, in the registry of the
court. Not all causes ready for hearing shall be inserted in the list,
but only as many as the judge considers he can deal with in any
particular sitting:
So however that, without prejudice to anything contained in
any other law, priority shall be given in setting a cause for hearing
and in the hearing thereof to -
(i) cases of retrial;
Cap. 12.
(ii) spoliation suits referred to in article 791 of the
Code of Organization and Civil Procedure;
(iii) cases of contempt of court;
(iv) cases which of their nature require to be treated
with greater expeditiousness.
Witnesses summoned for a particular sitting shall, as far as
possible, be heard at such sitting.
COURT PRACTICE AND PROCEDURE ġ S.L.12.09 5
Adjournment of 
cases.
Cap. 12.
10. For the purposes of articles 195 and 212 of the Code of
Organization and Civil Procedure, the following may be deemed to
be exceptional circumstances justifying an application for the
adjournment of a cause:
( a ) the temporary illness of counsel;
( b ) the agreement between the parties for the adjournment
of the cause received by the court at least forty-eight
hours before the date of hearing, unless in the opinion
of the court such agreement unreasonably delays the
conclusion of the proceedings; and
( c ) any other exceptional circumstances which the court
considers to be very serious and sufficient.
In every case the circumstances justifying the request and
concession of an adjournment shall be recorded in the acts of the
proceedings.
Conduct of 
proceedings.
11. (1) Evidence in a cause shall be heard either directly by
the court or by means of an affidavit except in those cases where
the nature of the case requires proof by a technical referee who
shall as far as possible assist the court when the evidence is heard
by it  viva voce ,   and where a need arises such evidence may be
heard by the referee, also with the assistance of a legal referee or a
judicial assistant, in a sitting fixed for the purpose.
Cap. 12.
(2) The court shall on the first sitting of a cause ensure that the
disputed issues of fact and of law in the cause are identified and
recorded in the acts of the proceedings, and that the parties shall
indicate and record in the acts of the proceedings the specific object
of each witness indicated by them according to article 561, also to
ensure, among other things, the proper application of article 558 of
the Code of Organization and Civil Procedure.
(3) During the first sitting of each case the court shall -
( a ) either fix a date or consecutive dates for the hearing of
all the witnesses of the parties up to the adjournment
of the cause for judgment, and where it is not possible
to fix consecutive dates, to fix dates which are as near
as possible to one another, in order to reach the same
conclusion;
( b ) or if the parties agree (to a request made by one of the
parties) that all evidence be produced by means of
affidavits (or when the court is unable to fix a date for
the hearing of evidence  viva voce ), the court shall
order specific periods during which each party is to
produce all its evidence by means of an affidavit and
subsequently, fix the date when the cross examination
of the witnesses who had made an affidavit shall be
heard, if such cross examination were to be requested.
(4) The terms referred in sub-rule (3) of this rule may be
extended by the court for valid and serious reasons which shall be
indicated in the order granting the extension.
6 ġ S.L.12.09 COURT PRACTICE AND PROCEDURE
Cap. 12.
(5) Where a witness refuses to co-operate with any of the
parties and refuses to make an affidavit, such party shall file an
application as is referred to in article 97A of the Code of
Organization and Civil Procedure, in sufficient time so that such
witness shall appear and give evidence before the judicial assistant
in accordance with the said article 97A.
(6) In the filing of new suits the plaintiff, or if more than one,
one of the plaintiffs, and the defendant, or if more than one, one of
the defendants, together with the writ of summons and the note of
pleas respectively shall file a declaration confirmed on oath
containing a clear and detailed statement of the facts to prove what
is alleged in the writ of summons or the note of pleas. The party
making the declaration is to confirm that he is personally aware of
the facts stated, and this declaration shall be the evidence of that
party in the suit.
Appointment of 
legal referees shall 
be restricted.
12. (1) The appointment of legal referees shall be restricted to
special and particular cases where a real necessity arises because
the cause requires specialized knowledge in a particular field of
law. On any such appointment the court shall indicate clearly and
precisely in the decree the reasons and justification for such an
appointment.
(2) In cases where such legal referees are appointed, evidence
shall be produced by means of a sworn statement to be made before
the same legal referee and the provisions of rule 11(3)( b ) and (5)
shall apply for the production of evidence before such legal
referees. The court shall in each case order the legal referee to
report to it on such dates as indicated by the court, so that the court
shall be in a position to ascertain that its orders have been complied
with. The court shall fix a date for the definitive filing of the report.
Wearing apparel 
for advocates.
13. Advocates appearing before any of the superior courts at
the hearing of any cause shall wear a dark blue, charcoal grey or
black suit or pin-striped trousers and black jacket, a white shirt
with a black, grey or white tie or bow-tie and black gown.
Lady advocates shall wear black or blue or charcoal grey
suits, or a white blouse and a black skirt under a black gown.
Any advocate not complying entirely with these requirements
shall not have the right of audience.
