Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 156

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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.

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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.