Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 156
156. (1) The sworn application shall be prepared by the
plaintiff and sh all contain -
(a) a statement which gives in a clear and explicit manner
the subject of the cause in separate numbered
paragraphs, in order to emphasise his claim and also
declare which facts he w as personally aware of;
(b) the cause of the claim;
(c) the claim or claims, which shall be numbered;.and
(d) in every sworn application, the following notice shall
be printed in clear and leg ible letters immediately
under the Court heading:
“Whosoever is in receipt of this sworn
application in his regard shall file a sworn reply
within twenty (20) days from the date of service
thereof, which is the date of receipt. Should no
written sworn reply be filed in terms of the law
within the prescribed time, the Court shall
proceed to adjudicate th e matter according to
law.
It is for this reason in the interest of whosoever
receives this sworn app lication to consult an
advocate without delay that he may make his
submissions during the hearing of the case.”.
Production of
documents.
(2) Such documents as may be necessary in support of the
claim shall be produ ced together with the sworn application.
Cap. 79.
(3) The sworn application shal l be confirmed on oath before
the registrar or legal procurato r appointed as Commissioner for
Oaths under the Commissioners for Oaths Ordinance .
46 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
(4) The plaintiff shall together with the declaration also give
the names of the witnesses he intends to produce in evidence
stating in respect of each of them the facts and proof he inten ds to
establish by their evidence.
Cap. 79.
(5) Where several actions are brought together as provided in
article 161(3), (4) and (5), it shall at least be one of the pl aintiffs
who shall confirm on oath before the registrar or the legal
procurator appointed as Commissioner for Oaths under the
Commissioners for Oaths Ordinance , and the provisions of sub-
article (1)( a) shall apply.
(6) The application shall be served on the defendant.
(7) The registrar shall not recei ve any applica tion which does
not satisfy the elements of sub-article (1) and the court shall not
allow any witness to be produced unless his name shall have bee n
given together with the application.
If the necessity of producing a witness arises at any time
after the filing of th e sworn application or if the opposite pa rty
gives his consent in the manne r prescribed in article 150(1)( c), or if
the court deems it in the interest of justice to hear a particu lar
witness, the court may allow such witness to be heard.
(8) When the proof intended to be established by each witness
is not stated or adequately stat ed in the declaration, the cour t shall
on the first day appointed for th e pretrial hearing order the p laintiff
to indicate adequately the proof he intends to establish by eac h
witness within a time to be fixed by the court.
Cumulative writ of
summons.
Added by:
XIII.1985.4.
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.