Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 144

Official PDF on legislation.mt

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 applica tion of appeal shall be served o n all the parties but only the parties against whom the appeal is dir ected shall, within the time of thirty (30) days, file their respecti ve answer containing the reasons w hy the appeal should be dismisse d: Provided that in causes where there are more than three plaintiffs or more than three defendants the application of app eal and any other notice, including the notice of trial relating to the 42 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE appeal, may be served upon any two of the plaintiffs or upon an y two of the defendants, as the case may be, and upon an advocate and a legal procurator who before the court at first instance h ad acted on behalf of the other plaintiffs or defendants: Provided further that where there is no advocate or legal procurator as referred to in the first proviso or where any suc h advocate or legal procurator has informed the appellant of the cessation of the character in which the advocate or legal procu rator has acted, the party requesting to effect service of the applicatio n of appeal may request the court before which the appeal is filed to autho rise service to all parties, other than the two plaintiffs or the tw o defendants as the case may be, referred to i n the preceding pro viso, by publication in the Gazette and in one or more daily newspapers as the court may direct, without any furt her procedures or requirement s. 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 th e said time of thirty (30) days file a reply rebutting the allega tions included in the cross appeal. Address when there are multiple parties. (3) When two (2) or more parties file an application of the app eal or the reply together, they shal l, on filing the written pleadi ng, state a single address for the execution of service of the notice about the security for costs related to the appeal and for the service of the notice that the case was left for sentencing. Production of documents. Substituted by XXXII.2021.3.

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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.