Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 152
152. (1) Following the closure of written pleadings, the registrar
shall verify the payment of the security for costs related to the
principal and incidental appeal, and shall, unless there is a court order
stating otherwise, publish these causes in the list of causes set down
for judgment.
(2) The registrar shall ensure that parties are served with a
notice of the day when the cause was left for judgment:
Provided that any one of the parties may, by a note filed in
the registry, exempt the registrar from the duty of service of such
notice.
(3) Service of this notice shall be effected in line with the
procedure provided in sub-articles (1) and (4) of article 187 and if such
is not possible, service shall be effected by the officer charged with
service, by attaching the notice at the last address provided by the
parties in the acts of the appeal.
Notice to be
delivered in
writing.
(4 The said notice shall be in writing. If the appellant is not
served with the said notice, the registrar, unless he has been
exempted as stated in sub-article (1), shall, within ten days, inform
in writing the advocate of such party that the notice has not been
served, and the advocate shall sign a copy of the receipt of such
communication:
Provided that no action shall lie against the advocate for failure
to inform any such party.
Power of court.
(5) It shall be lawful for the court, to proceed to judgment or, to
order the hearing of a cause the written pleadings whereof have
been closed, irrespective of its turn.
Default of written
pleadings not to
debar party from
appearing at
hearing of cause.
Amended by:
IV.1862.8;
XXXI.1934.21.
Substituted by:
XXXII.2021.7.
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.