Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 10

Official PDF on legislation.mt

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 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. Substituted by: VII.2007.4.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.