Code of Organization and Civil Procedure (Cap. 12), article 161

161. (1) In the Superior Courts and in the Courts of Magistrates in Malta and in Goz o, proceedings are ordinarily ta ken by application while those in the superior shall be sworn. (2) Proceedings may also be take n by application in the cases prescribed by or under a law. (3) Two or more plaintiffs may bring their actions by one sworn application or by one not sworn application as the case may be, if the actions are connected in re spect of the subject matter ther eof or if the decision of one of the act ions might affect the decision of the other action or actions and the evidence in support of one acti on is, generally, the same to be produ ced in the other action or actio ns. The cause and subject matter of the actions shall be clearly an d specifically stated in res pect of each plaintiff. (4) Nevertheless, any of the act ions so brought together shall be tried separately at the request of a plaintiff with regard t o his action; and the court may also order that any action be tried separately when it is not expedient that the actions of all the plaintiffs be tried together. Any such order may be made at any stage of the proceedings before final judgement. (5) Where the several actions a re brought together as provided in sub-article (3) they shall be taken cumulatively for determi ning the competence of the court. Such court shall remain competent in respect of any action separated in accordance with sub-article (4). Proceedings by writ of summons. Amended by: XI.1859.5; XV .1913.50.