CHAPTER 12 CODE OF ORGANIZATION AND CIVIL PROCEDURE

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CODE OF ORGANIZATION AND CIVIL PROCEDURE[CAP. 12.1CHAPTER 12CODE OF ORGANIZATION AND CIVIL PROCEDURETo amend and consolidate the Laws of Organization and Civil Procedure. *1st August, 1855ORDINANCE IV of 1854 as amended by Ordinances: V, VII and X of 1856, XII of 1857, XIof 1858, XI of 1859, IV of 1862, III of 1863, V of 1864, IV of 1865, IV of 1868, IX of 1871, VIIof 1876, I, VI and VII of 1880, XV of 1885, IX of 1886, VII of 1892; the Malta (Use of theEnglish Language in legal proceedings) Order-in-Council, 1899; Ordinances: XV of 1900, VIand VIII of 1901, II and VIII of 1903, V of 1904, IV of 1905, XV of 1913, I, II and XVII of1914, II of 1916; Government Notices: No. 340 of 1916, No. 162 of 1917; Ordinance XII of1918; Government Notices: Nos 136 and 137 of 1919, No. 203 of 1920; Acts: XVI of 1922, IVand XII of 1924, XIII of 1925, XI, XVI and XX of 1929; Government Notices: Nos. 78 and 475of 1929; Act XI of 1932; Government Notice No. 105 of 1933; Ordinances: IV, XVI, XIX, XXXIand 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 XXIXof 1939; Government Notice No. 549 of 1939; Ordinances: II and XV of 1940; GovernmentNotice 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 IIof 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 of1962; Act XXII of 1963; Legal Notice 4 of 1963; Acts: XIII and XV of 1964, XIX and XXXII of1965; Legal Notice 46 of 1965; Acts: XXXI of 1966, XX of 1968; Legal Notices: 2, 7 and 9 of1968; Acts: I and XXI of 1969, XXVII of 1970, XXIII and XXX of 1971; Legal Notice 78 of1971; Acts: XI and XLVI of 1973, V, VII, XXXV and LVIII of 1974, X and XXIV of 1975; LegalNotices: 148 and 154 of 1975; Acts: XVIII and XXII of 1976, XI and XXVII of 1977, XII of1978, 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: 56and 96 of 1981; Act XVI of 1982; Legal Notice 42 of 1982; Acts: XIII and XV of 1983, IV andXI of 1984, XII, XIII and XX of 1985, V and XXXIX of 1986; Legal Notices: 3 of 1986, 1 of1987, 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; and Acts: IV and VI of 2001, and III, XVIII andXXXI of 2002.*This Code, enacted by Ordinance IV of 1854, was promulgated by Proclamation No. VI of the 1st of May,1855.

2CAP. 12.]CODE OF ORGANIZATION AND CIVIL PROCEDUREARRANGEMENT OF CODEArticles1Short titleBOOK I.II.III.IV.V.VI.VII.VIII.IX.Title X.Of the Courts of Justice generallyOf the Superior CourtsOf the Inferior CourtsOf the RegistrarOf Marshals, Ushers and other Executive OfficersOf ArchivistsOf AdvocatesOf Legal ProcuratorsOf Curators, Advocates and Legal Procurators "ex officio"and AccountantsIllegal Practices by Advocates and Legal 889-9697BOOK SECONDOF THE PROCEDURE IN THE COURTS OFJUSTICE OF CIVIL JURISDICTIONGeneral Provisions - Nullity, Legal or Judicial Times,Public Holidays, Oaths, Judicial Acts, Sessions andVacations98-124PART IOF THE ORDINARY MODE OF PROCEDUREIN CONTENTIOUS MATTERSTitle I.Title II.Title IIITitle IV.Title V.Title VI.Title VII.Sub-title I.Sub-title II.General ProvisionOf the Mode of Procedure by Application for AppealOf the Mode of Procedure by Writ of SummonsOf the Ordinary Mode of Procedure in Contentious Mattersas applied to the respective CourtsProvisions applicable to Written Pleadings and other Actsof ProcedureOf the Trial of CausesOf Decrees, Judgments and AppealsOf the Enforcement of Judgments and other ExecutiveTitlesOf the Warrant of Seizure of Movable PropertyOf Judicial Sales by 51252-395284-304305-356

CODE OF ORGANIZATION AND CIVIL PROCEDURESub-title III.Sub-title IV.Sub-title V.Sub-title VI.Sub-title VII.Title VIII.Sub-title I.Sub-title II.Sub-title III.Sub-title IV.Sub-title V.Sub-title VI.Sub-title VII.[CAP. 12.Of the Warrant of Imprisonment for Debt *Of the Executive Garnishee OrderOf the Warrant of Ejectment or Expulsion from ImmovablePropertyOf the Warrant In FactumOf the Rendering of Accounts and Liquidation of FruitsOf Certain Special ProceedingsOf ReconventionOf Jactitation SuitsOf Competing ClaimsOf Uncertain or Unknown HeirsOf DisentailOf Causes of the GovernmentJudicial Review of Administrative PART IIOF THE MODE OF PROCEDURE BEFORE THECIVIL COURT, SECOND HALLTitle I.Title II.Title III.Title IV.Title V.Title VI.Title VII.Title VIII.Title IX.General ProvisionsOf Disentail by Decree of Court of Voluntary JurisdictionOf the Disencumberment of Immovable Property by theProcedure of EdictsOf the Appointment of Tutors, Curators and otherAdministratorsOf Interdiction and IncapacitationOf the Presentation and Publication of Secret WillsOf the Declaration of the Opening of a SuccessionOf the InventoryOf the Execution of Acts in pursuance of Decrees of theCivil Court, Second HallOf the Taxation of Certain 540541-549550-555556-557BOOK THIRDOF CERTAIN MATTERS RELATING TOJUDICIAL PROCEDURETitle I.Sub-title I.Sub-title II.Sub-title III.OfOfOfOfEvidenceWitnessesDocumentary Evidencethe Demand for the Production of Documents* Repealedby Act No. XII of 1985.558-727563-.626627-636637-643

4CAP. 12.]CODE OF ORGANIZATION AND CIVIL PROCEDUREArticlesSub-title IV.Sub-title V.Sub-title VI.Title II.Sub-title I.Sub-title II.Sub-title III.Sub-title IV.Sub-title V.Sub-title VI.Sub-title VII.Sub-title VIII.Sub-title IX.Title III.Title IV.Title V.Title VI.Sub-title I.Sub-title II.Sub-title III.Sub-title IV.Sub-title V.Sub-title VI.Title VII.Title VIII.Title IX.Title X.Title XI.Title XII.Title XIII.Title XIV.Title XV.Title XVI.Title XVII.Title XVIII.Of Referees644-682Of Inspection in faciem loci683-692Of the Proof by Admission or by Reference to the Oath ofthe other Party693-727Of Pleas728-805Of Pleas generally728-732Of the Challenge of Judges and Magistrates and ofSurrogation733-740Of Pleas to the Jurisdiction741-777Of the Plea as to the Capacity of the Plaintiff or Defendant780-788Of the Plea of Nullity of Judicial Acts789-790Of Pleas in Spoliation Suits791Of the Plea of Lis Alibi Pendens or of Connection ofActions792-794Of the Plea as to Beneficium Excussionis795-801Of the Plea of Falsification802-805Of the Change of Parties by Death, etc.806-810AOf New Trial811-825Of the Enforcement of Judgments of Tribunals ofCountries outside Malta826-828Of Precautionary Acts829-888General Provisions829-838AOf the Warrant of Description839-845Of the Warrant of Seizure846-848Of the Garnishee Order849-854Of the Warrant of Impediment of Departure855-872Of the Warrant of Prohibitory Injunction855-870Of the Meditatio Fugae Warrant*873-877Of the Protest and Judicial Letter876-888Of Security893-905Of Discontinuance906-910Of the Admission to Sue or Defend with the Benefit ofLegal Aid911-928Of Curators929-942Of Deposits943-951Of the Benefit of Cessio Bonorum†952-959Of the Intervention and Joinder of Parties960-962Of the Desertion of Causes963-967Of Arbitration968-987Of the Respect due to the Court988-1003AOf Judicial Costs1004-1006*Repealed by Act XII of 1985.by Act XXIV of 1995.† Repealed

CODE OF ORGANIZATION AND CIVIL PROCEDURE[CAP. 12.5ArticlesTitle XIX.Of FormsRepealing ProvisionProcedure of electronic meansSCHEDULESSchedule A.Schedule B.Schedule C.Tariffs referred to in the Code of Organization andCivil Procedure.Forms.1007-100810091009A

6CAP. 12.]Title.CODE OF ORGANIZATION AND CIVIL PROCEDURE1.The title of this Code is Code of Organization and CivilProcedure.BOOK FIRSTTitle 1O F THE C OURTS OF JUSTICE GENERALLYCivil courts ofjustice.Amended by:XXII. 1976.4.Superior courts.Amended by:XIII. 1964.2.Substituted by:L.N. 148 of 1975;XXIV. 1995.2.Inferior courts.Amended by:XV.1913.1;VIII. 1990.3.2. (1) The courts of justice of civil jurisdiction for Malta areeither superior or inferior.(2) Saving any other provision of law, the courts of justice ofcivil jurisdiction are exclusively vested with the judicial authorityin civil matters within the jurisdiction of the tribunals of Malta.3.The superior courts are:(a) the Civil Court;(b) the Court of Appeal; and(c) the Constitutional Court.4.The inferior courts are:(a) the Court of Magistrates (Malta) for the Island ofMalta;(b) the Court of Magistrates (Gozo) for the Islands ofGozo and Comino.Jurisdiction ofsuperior andinferior courts.Amended by:IX. 1886.1.5. (1) Save as otherwise provided by law, the jurisdiction ofthe superior courts is general for Malta.Constitution ofsuperior courts.Amended by:IX. 1886.2;IV. 35.2.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 Appealand all other judges shall sit in the superior courts as by lawprovided.Constitution ofinferior courts.Amended by:IX.1886.3.Substituted by:XIII.1964.4.(2) The jurisdiction of the inferior courts is limited toparticular places.(2) Besides the Chief Justice, the judges of the Superior Courtsshall be thirteen or such greater number as the President of Maltamay by Order* prescribe.7.The magistrates shall sit in the inferior courts.*By Legal Notice 58 of 1998 the number has been increased to ''eighteen''.

CODE OF ORGANIZATION AND CIVIL PROCEDURE[CAP. 12.78. (1) Saving the cases expressly provided for in this Code,the judges shall not, except in open court, either directly orindirectly, hold any communication with any suitor in any of thecourts, or with any advocate, legal procurator, or other person onbehalf of such suitor, in regard to any suit which is pending at thetime, or is about to be commenced or prosecuted. Nor shall they,without the permission of the President of Malta, first had andobtained on an application to that effect, act as advocates or in anycase give counsel or advice in regard to any suit which they knowto be already commenced, or which they foresee as likely tocommence.Judges may notcommunicate withsuitors, etc.Amended by:L.N. 46 of 1965;LVIII. 1974.68;L.N. 148 of 1975;XXXI. 2002.4.(2) The provisions contained in this article shall not apply inthe case of lawsuits concerning any of the parties mentioned inarticle 734(a), (b), (c) and (e).Exceptions.(3) Nothing in the preceding subarticle shall be deemed topreclude a judge or magistrate from communicating with theadvocate or legal procurator of a party in connection with anymatter concerning the management of a cause pending before thejudge or magistrate:Provided that a magistrate shall not be debarred fromholding any communication for the purposes of any inquiry intoany criminal matter when such magistrate is holding an inquiryunder Title II of Part I of Book Second of the Criminal Code.Cap. 9.9.Moreover, it shall not be lawful for any of the judges to actas an arbitrator, or to accept any tutorship or other administrationexcept such as may be assigned to him by law.Judges may not actas arbitrators etc.Amended by:L.N.148 of 1975.10. (1) The judges shall, before entering on the execution oftheir office, take, before the President of Malta, the oath ofallegiance set out in the Constitution of Malta and the followingoath:Oaths of allegianceand of office to betaken 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.Oath of OfficeI. do swear that I will faithfully perform the duties ofJudge without favour or partiality, according to justice and right,and in accordance with the laws and customs of Malta, to thehonour of God and the Republic of Malta, and that I will not hold,either directly or indirectly, any communication with any suitor inany of the Courts, whether superior or inferior, his Advocates orLegal Procurators, or with any other person on behalf of suchsuitor, in regard to any suit pending or about to be commenced orprosecuted in any of the said Courts, except in open court, savingthe cases expressly provided for by law; and that I will disclose inopen court, and make known to the President of Malta any suchcommunication as may be made to me. And I do further swear that Iwill not act , either directly or indirectly, as an Advocate, orarbitrator, nor give in any case counsel or advice to any person inregard to any suit already commenced or to be commenced in anyForm of oath ofoffice.

8CAP. 12.]CODE OF ORGANIZATION AND CIVIL PROCEDUREof the said Courts, saving the cases excepted by law, without thepermission of the President of Malta first had and obtained uponan application to that effect. So help me God.(2) Where any communication as is referred to in the form ofoath contained in sub-article (1) consists in an anonymous letter orin a letter the writer whereof cannot be readily identified, or whereany such communication contains insulting or offensiveexpressions, the judge who received the communication need notread out the communication in open court but may instead disclosein open court the fact of such receipt and shall in any case make thecontent thereof known to the President of Malta.Distribution ofduties 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 thejudges 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 toanother:Surrogation ofjudges.(2) The President of Malta is also empowered to surrogateanother of the judges, in lieu of the judge appointed to sit in anyparticular court, whenever the latter is, in the cases provided for inthis Code, challenged or otherwise lawfully impeded.Provided that a judge may be assigned to sit in more thanone court or more than one chamber of one or more courts.(3) A surrogation may also be made in the case of a vacancy inthe number of judges.(4) Any assignment of duties, transfer or surrogation, and anydistribution of duties in general, in respect of the judges, shall bedeemed to have been properly and sufficiently notified for all purposesif notice thereof is posted in such registry as the Minister may underarticle 27 prescribe for the purpose before or at the beginning of theperiod during which such assignment, transfer, surrogation ordistribution is to take effect.(5) The registrar shall keep a record of all notices posted up interms of the last preceding sub-article and of the date of suchposting.Applicability ofcertain provisionsto President ofCourt 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, mutatismutandis, also apply to the President of the Court of Appeal.(2) Whenever the President of the Court of Appeal is, in thecases provided for by law, challenged or otherwise lawfullyimpeded, the senior of the judges constituting the Court of Appealshall be the President of that court.

CODE OF ORGANIZATION AND CIVIL PROCEDURE[CAP. 12.913.Repealed by XXXI. 2002.8.Appointment ofsupplementaryjudges.Amended by:XII.1918.3;XXXI.1934.4.Substituted by:XIII.1964.8.Amended by:LVIII.1974.68.14.Repealed by XXXI. 2002.8.Oaths to be takenby supplementaryjudges.Amended by:XV.1913.3;XII.1918.4;XIII.1964.9;L.N. 46 of 1965;LVIII.1974.68.15.The provisions of articles 8, 9, 10 and 11 shall, mutatismutandis, apply to magistrates.Applicability ofcertain provisionsto magistrates.Amended by:XV.1913.5;IV. 1924.3;VIII. 1990.3;XXIV. 1995.4.Substituted by:XXXI. 2002.9.16. It shall not be lawful for any judge or magistrate to carryout any other profession, business or trade, or to hold any otheroffice of profit whatsoever, even though of a temporary nature,with the exception of any judicial office on any international Courtor tribunal or any international adjudicating body, the office ofexaminer at the University of Malta.Judges andmagistrates maynot hold otheroffices of profit.Exceptions.Amended by:IV. 1868.1;XV. 1913.5;IV. 1924.4.Substituted by:XXIV. 1995.5.Amended by:XXXI. 2002.10.17. Repealed by XXXI. 2002.11.Oaths to be takenby magistrates.Amended by:XV.1913.5;IV.1924.5;L.N. 46 of 1965;LVIII. 1974.68;L.N.148 of 1975;XII.1978.3.18.Surrogation ofmagistrates.Amended by:XV.1913.6;XXXI. 1934.5;L.N. 46 of 1965;LVIII.1974.68;XXIV.1995.6.Repealed by XXXI. 2002.11.

10CAP. 12.]CODE OF ORGANIZATION AND CIVIL PROCEDUREPower of Presidentof Malta to makeregulationsrespecting thedistribution ofduties ofmagistrates inMalta or Gozo.Added by:IX.1886.4.Amended by:XV.1913.6;L.N. 46 of lementarymagistrates forGozo.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 thecourts.Amended by:Order-in-Councilof 1899, s.11;II.1914.1;Letters Patent,1921, 936.2.Substituted by:XXXII.1965.8.Amended by:XXIV. 1995.9.Cap. 189.Causes to be triedin public.Exceptions.Amended by:IV. 1862.2.Repealed by XXXI. 2002.11.21. (1) The Maltese language shall be the language of thecourts and, subject to the provisions of the Judicial Proceedings(Use of English Language) Act, all the proceedings shall beconducted in that language.(2) Where any party does not understand the language in whichthe oral proceedings are conducted, such proceedings shall beinterpreted to him either by the court or by a sworn interpreter.(3) Any evidence submitted by affidavit shall be drawn up inthe language normally used by the person taking such affidavit. Theaffidavit, when not in Maltese is to be filed together with atranslation in Maltese, which translation is furthermore to beconfirmed on oath by the translator.22. (1) Causes shall be tried in public:Provided that it shall be lawful for the court to order that thecause be heard with closed doors, should decency or good moralsso require.(2) It shall also be lawful for the court, in any other case, at therequest of both parties, upon good reason being shown, to orderthat the cause be heard with closed doors.Order of court tobe recorded.(3) In any of the said cases, the order of the court shall berecorded.Judgments to bedelivered in public.Substituted by:XXIV.1995.10.23. The judgment shall in all cases be delivered in public. Thecourt delivering the judgment shall read out the operative partwhich is to be included in the concluding part of the judgment. Theoperative part of the judgment shall include a reference to theclaims or pleas which have been decided upon and everydeclaration intended to be conclusive or binding. Immediately upondelivery the judge or magistrate shall deposit a signed transcript ofthe judgment in the records of the case.

CODE OF ORGANIZATION AND CIVIL PROCEDURE[CAP. 12.1124. Any order in regard to any matter pending before the courtsshall be given by the court to which such matter appertains, and anyapplication for any such order shall be made to such courtexclusively.Each court to dealwith matterspending before it.25. Saving the proviso to article 15, suitors as well asadvocates, legal procurators and all other persons actin

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 .

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