Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 175

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175. (1) The court may, at any stage of the proceedings, at the request of any of the parties, until judgment is delivered afte r hearing where necessary the partie s, order the substitution of any act or permit any written pleadin g to be amended, either by add ing or striking out the name of any party and substituting another name therefor or by correcting any mi stake in the name or in the character of the parties, or by c orrecting any other mistake or by causing other submission of fact or of law to be added even by separate note, provided that no such substitution or amendment shall affect the substance either of the action or of the defen ce on the merits of the case. (2) Any court of appellate jurisdiction may also order or permit, at any time until judgment is delivered, the correction of any mistake in the application by which the appeal is entered o r in the answer, including any mistake in the indication of the cour t which delivered the decision ap pealed from, in the name or character of the parties, or in the date of the judgment appeal ed from: Provided that any court of appellate jurisdiction may also order corrections in the judgment of the court of first instanc e and other corrections that the court of appellate jurisdiction cons iders to be justified in the acts of the case at any stage of the app eal proceedings until the appeal is adjourned for judgment, at the request of any of the parties, and after granting the parties a n opportunity to be heard: Provided further that a court of appellate jurisdiction may also order corrections in a judg ment which it has delivered upo n an application filed by any of the parties within thirty days from the date of the judgment. (3) Any judicial or administrative omission or mistake in a judicial act may until the court shall have delivered judgment and disposed of the case be remedie d by a court of its own motion. Mode of drawing up pleadings. Amended by: XV .1913.60. Substituted by: XIX.1965.7. Amended by: XXIV .1995.86; XXXI.2002.60.

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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.