Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 173
173. (1) The court may, in order to ensure full compliance
with all matters of procedure, o r to seek more detailed informa tion,
or to expedite or facilitate p roceedings or to avoid the unnece ssary
appearance of parties or witnesses, give in camera all such orders
and directives it may think fit, and it shall be sufficient tha t such
orders or directives be communicat ed by the registrar even by l etter
to the advocates or legal procurators of the parties, which let ter is
to be handed personally to such advocate or legal procurator, a nd,
by post, to the parties themselves. This provision shall apply to any
stage of the proceedings before ju dgment is delivered. An appea l
from such orders or directives, where admissible, may be entere d
only after the definitive judgmen t and together with an appeal from
such judgment, and such orders or directives may not be challen ged
before the definitive judgment is delivered.
(2) Without prejudice to the foregoing provisions of this articl e
the court may, at any st age of the proceedings -
(a) either on its own motion or on an application by any
party to the proceedings, di rect that the evidence of
any person intended to be produced as a witness be
taken before a judicial assistant at such place and time
under such conditions as may be specified in the order;
(b) on an application by any party to the proceedings,
desiring to confirm a fact stated in the application, or
in a note accompanying it, by the affidavit of a person
named by the party, order the person so named to
appear for that purpose before a judicial assistant at
such place and time as may be specified in the order;
Cap. 474.
(c) either on its own motion or on a note filed by any party
to the proceedings, direct that proceedings be stayed
for such period as it considers appropriate, and refer
the parties to a mediator in accordance with the
Mediation Act.
(3) In the case of an order given under sub-article (2)( b), the
judicial assistant shall ask the person named whether he confir ms
or denies each fact specified in the application or note and sh all
make a record of the replies given together with any other
statement, if any, qualifying his reply, and cause such record to be
confirmed on oath by the person aforesaid. The judicial assista nt
shall insert the affidavit in the records of the case and cause a copy
thereof to be serv ed on the parties.
(4) When an application as in referred to in sub-article (2)( b) is
56 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
filed together with any written pleading referred to in article 160,
the Court may direct that the se rvice of such written pleading shall
be suspended for such period, not exceeding three months, as th e
court may determine.
Title IV
PROVISIONS APPLICABLE TO WRITTEN PLEADINGS AND OTHER
ACTS OF PROCEDURE
Contents of written
pleadings.
Amended by:
XV .1913.58;
XXXI.1934.30;
XXIII.1971.13;
XXVII.1979.12;
VIII.1990.3,4;
XXIV .1995.84;
XXXI.2002.59;
XXII.2005.31;
L.N. 426 of 2012.
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.